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 398-4 - STATE SUPPLEMENT PROGRAM (SSP)
Section 398-4.3 - Eligibility for SSP benefits
An individual or couple is eligible to receive SSP benefits on the basis of the data supplied by the federal SSA through the SDX, information provided by the recipient pursuant to Subpart 398-5 of this Title, and other information available to the Office. The Office is bound by the decisions and actions taken by SSA on the SSI eligibility determination, but only as of such time the federal SSA electronic data file, including such individual's or couple's relevant SSI eligibility determination, is transmitted to NYS via the SDX with federal payment status codes as defined in section 398-2.1 of this Part. Individuals or couples may only participate in SSP when their SDX data file includes one of the federal payment status codes potentially eligible for SSP benefits as defined in section 2.1 of this Part. Notices, letters or other written or electronic communications issued by the SSA regarding federal SSI eligibility which are presented to the Office by recipients, their legal representatives, or advocates for individuals or couples claiming SSP eligibility shall not be considered in determining eligibility to participate in SSP unless the information is received directly from SSA to SSP. It shall be the responsibility of the individual or couple to contact and resolve any claimed discrepancy with the SSA. No SSP benefits will be paid to individuals who are not in active receipt of federal SSI benefits as defined in section 398-2.1 of this Part, with an eligible federal payment status code as defined in section 398-2.1 of this Part as of such 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 SDX with federal payment status codes as defined in section 398-2.1 of this Part.
