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 398-8 - NOTICE REQUIREMENTS
Section 398-8.1 - Notice
Universal Citation: 18 NY Comp Codes Rules and Regs ยง 398-8.1
Current through Register Vol. 46, No. 39, September 25, 2024
(a) The Office will issue a notice of action advising recipients of SSP benefits or SSPNA of any action that the Office intends to take or has taken on their SSP or SSPNA case.
(b) A timely and adequate notice of action will be provided, except that only an adequate notice will be issued in the following circumstances:
(1)
the Office has received reliable information reporting the death of a
recipient;
(2) the Office has
received an unequivocal, written statement signed by the recipient or their
designated representative that requires the Office to discontinue or reduce the
SSP benefit or SSPNA and the recipient has indicated in the statement that he
or she understands that such action will be taken as a consequence of the
action reported;
(3) the Office has
received reliable information that the recipient has been committed to an
institution or prison which renders the recipient ineligible for SSP benefits
or SSPNA;
(4) the recipient's
current residence is unknown to the Office and mail addressed to the
recipient's last known address has been returned by the U.S. Postal Service
with an indication that there is no known forwarding address;
(5) the recipient has been placed in a
Medicaid institution certified under title XIX of the Social Security Act
(United States Code Annotated, title 42, sections
1396-1396w-5; Thomson West, West Headquarters, 610 Opperman Drive, Eagan, MN
55123. An electronic location for the United States Code, title 42, sections
1381-1383f is available from the Office of the Law Revision Counsel, United
States House of Representatives, H2-308 Ford House Office Building, Washington,
DC 20515 at
http://uscode.house.gov/view.xhtml?path=/prelim@title42/chapter7/subchapter19&edition=prelim .
Copies may be obtained from the Office of Temporary and Disability Assistance,
Public Information Office, 40 North Pearl Street, Albany, NY
12243-0001);
(6) The Office has
determined that an individual or couple is eligible for SSP benefits or
SSPNA;
(7) The Office has increased
the amount of the recipient's SSP benefits or SSPNA; or
(8) The Office has changed an item used to
calculate the amount of SSP benefits or SSPNA, the method of payment, or
information in the case record, but the amount of SSP benefits or SSPNA has not
changed.
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