Current through Register Vol. 46, No. 12, March 20, 2024
The ESAP is a federally-approved demonstration project
which streamlines the SNAP application, recertification and verification
processes for eligible seniors and/or disabled individuals. The operation of
the ESAP, as set forth in this section, is subject to continued federal
approval and funding.
(a) Eligible
Households. Unless ineligible under subdivision (b) of this section, households
eligible to participate in the ESAP are as follows:
Households in which all adult members are:
(1) Age 60 or older and/or disabled;
and,
(2) Not in receipt of earned
income.
(b) Ineligible
Households. Households ineligible to participate in the ESAP are as follows:
(1) Households that are eligible to
participate in the SNAP under the NYSNIP or the NYSCAP;
(2) Individuals residing in Group Living
Facilities as defined in section
387.1 of
this Part.
(3) Households in which
any member is in receipt of ongoing public assistance as defined by Parts 369
and 370 of Title 18 NYCRR.
(4)
Households not meeting the requirements of subdivision (a) of this
section.
(c) Shortened
and Simplified Application.
As part of the implementation process, a shortened and
simplified SNAP application will be made available. In addition to availability
for use at initial application, the application will be distributed with an
ESAPspecific Notice of Expiration (NOE) to participating households at
recertification.
(1) Use of the
shortened and simplified application:
(i) The
shortened and simplified application is intended for use by elderly and/or
disabled SNAP applicants; however:
(a) Filing
the shortened and simplified application is not a requirement for participation
in the ESAP. An ESAP-eligible household may apply for SNAP using any currently
available SNAP application and still be determined eligible for the
ESAP;
(b) All SNAP applications,
filed in accordance with section
387.5
of this Part, will be screened for ESAP eligibility as part of the eligibility
determination process; and,
(c)
ESAP-eligible households, regardless of which application is used at
application, will be sent a notification of their eligibility for SNAP benefits
under the ESAP.
(ii)
There is no restriction on who may complete and submit the shortened and
simplified application for consideration; however:
(a) Filing the shortened and simplified
application does not, in and of itself, entitle an individual to participate in
the ESAP; and
(b) Individuals who
are determined ineligible for the ESAP after filing the shortened and
simplified application are not entitled to receive notice thereof. Such
applicants shall receive notification pursuant to section
387.20
of this Part.
(iii) If,
upon screening, a shortened and simplified application is determined ineligible
for the ESAP, the application must still be considered a SNAP application, and
the application process must be completed in compliance with all SNAP
application processing requirements as set forth in this Part.
(d) Certification
Period. Certification period for individuals enrolled in the ESAP.
(1) Individuals found eligible for the SNAP
and participating in the ESAP shall receive a certification period of up to 36
months.
(2) An ESAP household
determined ineligible for continuing participation in the ESAP during their
certification period but remaining eligible for the SNAP shall not have their
certification period shortened.
(e) Recertification. Recertification process
for households enrolled in the ESAP.
All SNAP households enrolled under the ESAP shall be
required to apply for continued participation in the SNAP prior to the end of
their certification in accordance with section
387.17(f)
of this Part, with the following exceptions:
(1) Along with an ESAP-specific NOE,
ESAP-participating households will receive the shortened and simplified
application.
(2) Recertification
interviews will not be required for every recertification
application.
(3) No recertification
application may be denied without first attempting to schedule a
recertification interview; however, the social services district need not make
an effort to schedule an interview unless a recertification application has
first been filed. Upon receipt of a recertification application submitted by an
ESAP-participating household, an interview will only be required in the
following situations:
(i) If the
recertification application would be denied;
(ii) If information on the recertification
application is questionable; or
(iii) Upon request by the ESAP-participating
household.
(f) Reporting Requirements. Reporting
requirements for households enrolled in the ESAP.
All households enrolled in the ESAP will be considered
simplified reporters, and subject to the rep orting rules as set forth in
section
387.17(d)
of this Part, with the following exceptions:
(1) Households are not required to submit a
periodic report. At the midway point of the certification period, a contact
letter will be sent to the household, which will:
(i) Include a non-mandatory Interim Report,
affording the household an opportunity to update their case information;
and,
(ii) Instruct the household
that any reported change resulting in an increased SNAP benefit must be
documented and verified in accordance with subdivision (g) of this
section.
(2) In addition
to the simplified reporting requirements, households are required to report:
(i) Any change in household
composition;
(ii) If any member of
the household begins to receive earned income; or
(iii) If any member of the household has
substantial lottery and/or gambling winnings, as defined in applicable federal
rules and regulations.
(g) Verification. Verification requirements
under the ESAP.
(1) In order to ease the
household burden of providing verification, social services districts may, to
the extent possible, use computer matching to verify information related to
current household circumstances such as:
(i)
Details concerning the household's gross nonexempt income, namely:
(a) The amount of unearned income;
and,
(b) Whether all sources of
household income are unearned.
(ii) Social Security Number;
(iii) Date of Birth;
(iv) Death;
(v) Residency;
(vi) Identity; and
(vii) Medical Expenses.
(2) All ESAP participants shall be permitted
to self-declare expenses for standard utility allowances and other shelter
expenses.
(3) Any other information
that is required to be verified but is not able to be verified by computer
matching shall be subject to the SNAP verification requirements as set forth in
section
387.8 of this
Part.
