N.Y. Comp. Codes R. & Regs. tit. 18 § 351.21

Current through Register Vol. 46, No. 15, April 10, 2024

Section 351.21 - Required contacts and investigation

(a) Contacts with recipients and collateral sources shall include face-to-face contacts, or, at the request of the recipient, by telephone or other digital means, correspondence, reports on resources, eligibility mailouts and other documentation. Contacts with or concerning recipients shall be made as frequently as individual need, change in circumstances or the proper administration of assistance or care may require.

(b) All variable factors of need and eligibility shall be reconsidered, reevaluated and verified at least once in every:

(1) three months, in cases of Family Assistance (FA) when eligibility is based on the unemployment of a parent; and

(2) six months, in cases of FA when eligibility is not based on the unemployment of a parent and in cases of Safety Net Assistance (SNA).

(c) Unless the social services district has an office-approved alternative recertification requirement, the district must use the State-prescribed form in the recertification process and must require:

(1) a face-to-face interview with the recipient, or, at the request of the recipient, an interview by telephone or other digital means, for each recertification; and

(2) a face-to-face interview with the recipient, or, at the request of the recipient, an interview by telephone or other digital means, by the end of the third calendar month following the month of acceptance for all new and reopened FA and SNA cases.

(d) The recipient shall appear at the face-to-face interviews, or, at the request of the recipient, may be interviewed by telephone or other digital means, and shall present appropriate documentation as required to substantiate both categorical and financial eligibility. If because of age, handicap or other verifiable limiting condition, the recipient is unable to appear for a face-to-face interview or requires the use of an interpreter for the deaf, the district shall make appropriate arrangement to accommodate the client. The client shall notify the district of special needs or requirements as soon as the notice to appear is received and give the reason for such special needs or requirements.

(e) In addition to personal interviews and correspondence with the recipient, there shall be contact, as the circumstances of the individual case may require, with appropriate persons and agencies to secure verification of data which is essential to establish eligibility for public assistance and which the recipient is unable to secure.

(f) Contacts with recipients and with collateral sources of information shall be directed toward consideration of all variable factors of eligibility.

(1) Financial need. Identity of the recipient and his individual circumstances shall be reviewed and verified as indicated in relation to changes in the household, in living arrangements, in income and in allowance schedules, in order to determine those items of need that should be added, deleted or changed in amount.

(2) Financial resources. Current availability and use of financial resources shall be reconsidered and verified in relation to fluctuations in value or income, or the initiation or termination of rights to benefits.

(3) Employment, employability and training for employment. The employment, potential employability, availability for employment, or need for training or retraining shall be reviewed and established for each person 16 years of age or over.

(4) Relatives. Changes in circumstances, which affect the ability or willingness of relatives to financially assist the recipient, shall be reviewed. If a legally responsible relative is failing to support according to ability and/or court order, referral for appropriate legal action shall be made.

(5) Special categorical requirements. There shall be review of factors of categorical eligibility which are subject to change, such as further impairment, recovery or improvement in the condition of an incapacitated parent, return of an absent parent, termination of eligibility of children because of age or leaving school, and obtaining employment. In review of a SNA case, entitlement to assistance under a federally aided category shall be considered.

(6) Health. Changes in health conditions shall be considered with respect to continuing eligibility and required services.

(7) Services. There shall be a review of the need for services and appropriate referral made therefor.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 351.21

Amended New York State Register December 20, 2023/Volume XLV, Issue 51, eff. 12/20/2023