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 398-10 - ADMINISTRATIVE FAIR HEARINGS
Section 398-10.2 - Right to aid continuing
Current through Register Vol. 46, No. 39, September 25, 2024
In certain circumstances, the SSP or SSPNA recipient has the right to have SSP benefits or SSPNA continued unchanged until the fair hearing decision is issued. The Office of Administrative Hearings (OAH) will determine whether the recipient is entitled to aid continuing and will advise the Office and the recipient of its decision.
(a) Where this Office is required to give timely and adequate notice before it can take an action in the case, a recipient will have the right to aid continuing for SSP benefits or SSPNA until the fair hearing decision is issued if the recipient requests a fair hearing before the effective date of the proposed action as contained in the notice of action.
(b) Where this Office is required to give adequate, but not timely notice and has discontinued, reduced, restricted or suspended SSP benefits or SSPNA, the recipient has the right to have SSP benefits or SSPNA reinstated and continued until a fair hearing decision is issued only if the recipient requests a fair hearing within 10 days of the date of the notice of action issued by the Office and if OAH determines that the action upon the SSP benefit or SSPNA did not result from the application of, or change in, State or federal law or policy.
