Current through Register Vol. 46, No. 39, September 25, 2024
The NYSCAP is a federally-approved demonstration project
which uses an automatic SNAP case enrollment and conversion process for certain
single, live-alone Supplemental Security Income (SSI) recipients. Information
from the Social Security Administration (SSA) provided to the Office of
Temporary and Disability Assistance (Office) is used to identify individuals
eligible to receive SNAP benefits under the NYSCAP. The operation of the
NYSCAP, as set forth in this section, is subject to continued federal approval
and funding.
(a)
Eligible
Households. The process for enrollment of eligible households in the
NYSCAP is set forth below:
(1) Automatically
Enrolled Eligible Households.
(i) Single SSI,
live-alone households, not currently receiving SNAP benefits, designated with
an SSI federal living arrangement Code A, and a State SSI Supplemental Code A.
These are individuals that SSA and the Office have determined to be separate,
independent households; even if they are physically living with others. These
households are automatically enrolled in the NYSCAP, except as otherwise
provided by this section.
(ii)
Automatic enrollment of a NYSCAP case for an individual will be stopped if an
"Exception" situation exists for that individual. The NYSCAP case will not be
automatically enrolled. The Exception reason must be reviewed and resolved, and
its effect on eligibility for SNAP and for participation in the NYSCAP must be
determined prior to manually opening a NYSCAP case. Exception situations
include but are not limited to:
(a) The
individual is a member of a household that has a pending application for SNAP
benefits.
(b) The individual is
sanctioned or disqualified from participation in the SNAP due to a SNAP
Intentional Program Violation (IPV).
(c) The last case action recorded in the
Welfare Management System, (WMS) or any system of record that succeeds WMS, for
a SNAP household of which the individual was a member, was the closure of the
case due to the request of the household.
(d) The last case action recorded in WMS, for
a SNAP household of which the individual was the only member, is the
termination of an automatic NYSCAP enrollment because the individual failed to
redeem SNAP benefits following the automatic enrollment in the NYSCAP, as
provided by this section.
(2) Conversion of NYSCAP-Eligible Current
SNAP Recipient Households to the NYSCAP.
(i)
Current SNAP recipients who are determined eligible for SSI will be converted
to the NYSCAP.
(ii) Automatic
conversion of a currently active regular SNAP case to the NYSCAP will be
stopped if an "Exception" situation exists for that household. The NYSCAP case
will not be automatically enrolled, and the Exception Reason must be reviewed
by the social services district for possible resolution and subsequent NYSCAP
enrollment. Exceptions include but are not limited to:
(a) Case Exception Reasons:
(1) The individual is a member of a household
that has a pending application for SNAP benefits.
(2) The individual is sanctioned or
disqualified from participating in the SNAP due to a SNAP IPV.
(3) The individual is an active member of
another SNAP household.
(4)
Information about the individual failed a date of birth or sex validation match
between the SSA and the WMS.
(5)
The individual is listed as residing in more than one social services
district.
(6) The individual is
listed as deceased in the WMS.
(7)
The last SNAP case transaction for the household in the WMS was case closure
for having moved out-of-state.
(b) Budget Exception Reasons:
(1) The individual is sanctioned or
disqualified from participating in the SNAP due to a SNAP IPV.
(2) The SNAP case has no stored
budget.
(3) The individual is in an
open SNAP case with a household greater than one.
(4) The household has a SNAP budget with an
overpayment claim, for either a past, current or future period, stored in
WMS.
(5) The household is not
receiving any SSI.
(6) If the
effective date of an SSA change is reported after the expiration date of the
household's SNAP certification period.
(7) Information from the SSA indicates that
the household's social services district of residence has changed.
(3)
Ineligibility to opt out of the NYSCAP.
All individuals eligible to participate in the NYSCAP who
wish to participate in the SNAP must receive SNAP through the
project.
(b)
Ineligible Households. Households ineligible to participate in
the NYSCAP are as follows:
(1) Individuals in
receipt of SSI who are not designated with a federal living arrangement Code A,
and a State SSI Supplemental Code A.
(2) SSI individuals residing in Group Living
Arrangements as defined in section
387.1 of
this Part.
(3) NYSCAP-eligible SNAP
recipients aged 18 through 21 who are currently receiving SNAP benefits as part
of a multi-person SNAP household are ineligible to participate and must remain
part of the multi-person household if they otherwise would be a required member
of the household as defined in section
387.1 of
this Part.
(4) Individuals who are
currently or permanently disqualified from participation in the SNAP.
(c)
Enrollment
Process. The NYSCAP automatic enrollment process for eligible
households.
(1) Eligible households
automatically enrolled in the NYSCAP are authorized to receive an initial SNAP
benefit of at least the minimum allotment for a household of one (excepting
those cases wherein a recoupment for an outstanding claim balance is
re-established for collection) and a certification period of 36 months. These
households are sent an initial enrollment notice by the Office which includes:
(i) Notification of their eligibility for
SNAP benefits under the NYSCAP;
(ii) Overview of the NYSCAP;
(iii) Explanation of the individual's rights
and responsibilities under the NYSCAP; and
(iv) Provisions for submitting documentation
to support the receipt of a higher SNAP benefit.
(2) Verification.
(i) For the purpose of the NYSCAP, unless
contradicted by more current, verified-upon-receipt information, the use of the
SSI, SSA and the State-funded SSI State Supplement Program (SSP) data will
fulfill SNAP verification requirements for the following:
(a) Identity;
(b) Date of Birth;
(c) Social Security Number;
(d) Sex;
(e) SSI and Other Income;
(f) Household Size; and
(g) Living Arrangement.
(ii) Information subsequently reported is
subject to SNAP verification requirements as set forth in section
387.8 of this
Part.
(3) SNAP benefits
are accessible using the Electronic Benefit Transfer (EBT) Card.
Use of the EBT card to access SNAP benefits within 90
days following automatic NYSCAP case enrollment constitutes an electronic
signature and an acknowledgment that the recipient understands and agrees to
their rights and responsibilities under the SNAP.
(i) A NYSCAP case is not considered open, and
a household is not considered a SNAP recipient or to have been an applicant,
until the household has redeemed a portion of any SNAP benefit within 90 days
following automatic NYSCAP case enrollment.
(ii) A household has no rights to a fair
hearing unless the household has accessed a portion of any SNAP benefit within
90 days following automatic NYSCAP case enrollment.
(iii) A NYSCAP enrollment is closed
automatically if a household has not redeemed any SNAP benefits within 90 days
following automatic NYSCAP case enrollment. No further notices are
required.
(4) Automatic
Case Enrollment / Closing Date for the NYSCAP.
(i) The SNAP case for an automatic NYSCAP
enrollment is open effective the first day of the month following the month
that the information on the household's SSI and SSP case activation is
received, provided the information is received on or before the
20th day of the month. If the information is
received after the 20th day of the month, automatic
NYSCAP enrollment is effective no later than the first day of the second month
following receipt of this information.
(ii) The SNAP case for an automatic NYSCAP
enrollment is closed automatically if a household has not redeemed any SNAP
benefits within 90 days following automatic NYSCAP case enrollment. No further
notices are required.
(5) No eligibility for expedited processing.
There is no expedited processing, pursuant to section
387.8 of this
Part, for the NYSCAP automatic enrollment process.
(6) Restored benefits.
(i) There are no restored SNAP benefits
dating back to the date of SSI eligibility for automatically-enrolled NYSCAP
cases.
(ii) If a NYSCAP household
fails to redeem any SNAP benefits within 90 days of automatic NYSCAP case
enrollment and the SNAP case created by the automatic NYSCAP case enrollment is
closed as a result, and the individual then subsequently applies for and is
found eligible for SNAP, there is no right or entitlement to restored SNAP
benefits back to the date of the initial automatic NYSCAP case enrollment. The
new SNAP application and case would then be processed pursuant to section
387.8 of this
Part.
(7) Initial
Certification Interview.
An initial certification interview is not required for
households automatically enrolled in the NYSCAP.
(d)
Conversion Process. The
NYSCAP Conversion Process for Active SNAP Households.
(1) Conversion.
SNAP recipients who are determined eligible for the
NYSCAP will be converted to the NYSCAP as follows:
(i) Conversion to the NYSCAP is effective the
first day of the month following the month the information on the SSI case
activation is received by the Office provided the information is received by
the 20th of the month. If the information is
received after the 20th of the month, conversion to
the NYSCAP is effective no later than the first day of the second month
following receipt of this information.
(ii) The Office will send a notice that
includes:
(a) Notification of the household's
conversion to the NYSCAP.
(b)
Overview of the NYSCAP.
(c)
Explanation of the household's rights and responsibilities under the
NYSCAP.
(iii)
NYSCAP-eligible SNAP recipients aged 18 through 21 who are in an open SNAP case
with a household greater than one must remain part of the multi-person
household if they otherwise would be a required member of the household as
defined in section
387.1
(2) Verification.
NYSCAP households are subject to SNAP verification
requirements as set forth in paragraph (2) of subdivision (c) of this
section.
(e)
NYSCAP Benefit Levels.
Households automatically enrolled in the NYSCAP pursuant
to paragraph (1) of subdivision (a) of this section initially receive at least
the federal minimum monthly benefit level for a household of one, excepting
those cases wherein a recoupment for an outstanding claim balance is
re-established for collection. The household may qualify for a higher SNAP
benefit by submitting information regarding household circumstances and all
required verification as outlined in section
387.15
of this Part.
(f)
Transition from NYSNIP to NYSCAP.
The New York State Nutrition Improvement Project (NYSNIP)
is an expiring, federally-approved demonstration project which used an
automatic SNAP case enrollment and conversion process for certain single,
live-alone SSI recipients.
NYSNIP households in receipt of a standardized benefit
amount will be transitioned to the NYSCAP and the regular SNAP budgeting
methodology as put forth in this Part as soon as practicable but no later than
the household's next required contact.
(g)
Certification Periods.
SNAP households participating in the NYSCAP will be
assigned certification periods of 36 months. Households that were previously
certified under NYSNIP with certification periods of between 36-48 months will
receive a 36-month certification period at their next recertification.
(h)
Reporting
Requirements.
Between certifications, the only reporting requirement
for NYSCAP households is to respond to NYSCAP SNAP Benefit Interim Reports
(Interim Reports) as set forth below.
(1) Interim Reports. NYSCAP households are
required to complete Interim Reports. Approximately 18 months prior to the end
of the certification period, households are mailed the Interim Reports
requesting that the households provide updated information regarding living
arrangements, shelter costs, and utility expenses. Households are advised to
return the completed form by the tenth day of the month following the month the
Interim Report is received or SNAP benefits will be discontinued. Blank
reports, reports submitted without required verification as set forth in
section
387.8 of this
Part, and unsigned reports will be treated as "No change" reports and processed
for continuing NYSCAP eligibility at the current benefit amount.
(2) Client Reported Changes. A NYSCAP
household is not required to report any changes except as provided in paragraph
(1) of this subdivision. When a household reports and verifies a change, in
accordance with paragraph (2) of subdivision (c) of this section, that would
affect the household's eligibility or change its benefit amount, the social
services district must act upon that information.
(3) System Reported Changes.
(i) The Office receives change information
daily from the SSA. SSA information is transmitted to or made available to the
social services districts by daily NYSCAP reports. Action by the social
services district is required for certain case status changes. System-reported
changes that require the social services districts to make a determination of
continuing eligibility for SNAP benefits include:
(a) Loss of SSI income;
(b) Relocation from one social services
district to another; or
(c)
Relocation to an ineligible living arrangement.
(ii) System-reported changes that do not
require the social services districts to take action are changes in:
(a) Income;
(b) Relocation within the same social
services district;
(c) Relocation
to an eligible living arrangement; or
(d) Death.
(i)
Recertification.
(1) All
SNAP cases recertified into the NYSCAP are recertified for a 36-month
period.
(2) NYSCAP households are
required to recertify by the end of the current certification period, in order
to determine continued eligibility in accordance with recertification
requirements set forth in section
387.17(f)
of this Part.
(3) A NYSCAP
household's failure to recertify for the SNAP results in case closing.
(j)
Notice
Requirements.
(1) Initial
enrollment:
(i) NYSCAP-eligible households
will receive an initial enrollment notice as set forth in paragraph (1) of
subdivision (c) of this section.
(ii) SNAP households converted to the NYSCAP
will receive a notice of conversion as set forth in paragraph (1) of
subdivision (d) of this section.
(iii) NYSCAP households that have redeemed
SNAP benefits within three months of case opening but have not submitted the
information collection sheet or otherwise had the initially-authorized budget
adjusted within six months of case opening will receive a reminder letter
prompting the household to submit information regarding household
circumstances.
(2)
Interim Report: The Interim Report is automatically mailed to households 18
months prior to the end of the certification period as set forth in subdivision
(h) of this section.
(3)
Recertification: NYSCAP households are subject to recertification requirements
set forth in section
387.17
of this Part and subdivision (i) of this
section.
