New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICES
Chapter II - Regulations of the Department of Social Services
Subchapter B - Public Assistance
Article 5 - MISCELLANEOUS
Part 398 - Supplemental Security Income (SSI) Additional State Payments
Subpart 398-1 - SCOPE AND PURPOSE
Section 398-1.1 - Scope and purpose

The Supplemental Security Income (SSI) program, as enacted under title XVI of the Social Security Act, provides benefits to aged, blind and disabled individuals and couples based upon uniform eligibility standards and a national base payment level for SSI benefits. Pursuant to title XVI of the Social Security Act, SSI is a federally funded program administered by the Social Security Administration (SSA). States have the option to provide additional payments to supplement the basic federal SSI payment. New York State (NYS) chose to establish such a program of State benefit issuances. NYS provides eligible individuals and couples such State benefit issuances to help support their current needs. Such benefit issuances are intended to support current and ongoing needs and are not intended to otherwise retroactively redress any claimed need for support with regard to past periods of SSI eligibility where such individual or couple is no longer eligible for such benefit issuance. There are two categories of such State benefit issuances: the State Supplement Program (SSP) benefits, and the State Supplemental Personal Needs Allowance (SSPNA). The Commissioner of the NYS Office of Temporary and Disability Assistance (hereafter referred to as the Office) is responsible for the administration of all State benefits. NYS provides monthly benefits to individuals and couples who are in active receipt of federal SSI benefits as defined in section 398-2.1 of this Part and who meet all other eligibility criteria to receive current ongoing SSP benefits as of the time that the federal SSA electronic data file containing such individual's or couple's relevant SSI eligibility determination is transmitted to NYS via the State Data Exchange (SDX) with federal payment status codes as defined in section 398-2.1 of this Part. SSP benefits may not be issued to, or assigned on behalf of, deceased individuals, their payees, relatives, heirs, estates or on behalf of any debt, including any debt owed to a congregate care facility where such individual may have been provided care, room and board, or any other private or public entities to whom the deceased SSP recipient may owe any debt or legal obligation. Individuals or couples who meet the eligibility criteria for active receipt of SSI benefits as defined in section 398-2.1 of this Part, but who reside in a residential health care facility regulated pursuant to the provisions of article 28 of the Public Health Law may receive SSPNA.