N.Y. Comp. Codes R. & Regs. tit. 18 § 352.29

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

Section 352.29 - Budgeting-the budgetary method

(a) The budgetary method shall be applied to the individual case to determine eligibility and the amount of the grant and/or the amount to be paid for a "purchase of service."

(b) When the estimate of regularly recurring need based on the regulations of the department exceeds the available income and/or resources, the difference shall be known as a "budget deficit." When the available income and/or resources exceed the estimate of regularly recurring need, the difference shall be known as a "budget surplus."

(c) An individual or family shall be entitled to public assistance and care when a budget deficit exists; provided, however, a household shall not be deemed in need and entitled to any cash assistance when there is a budget deficit of less than $10.

(d) Where investigation has been completed and need established on a continuing basis, the regularly recurring cash grant shall meet the full budget deficit, if there is one, and/or provision shall be made for the purchase of service when need is based on the need for such service, except that when the estimate of regularly recurring need and/or the amount of the assistance grant based on the regulations of the department do not equal a whole dollar amount, the amount(s) shall be rounded down to the next whole dollar amount.

(e) When an item is paid by voucher or restricted grant, the amount paid must be deducted from the ensuing regularly recurring cash grant. When payments for heat and/or domestic energy (lights, cooking, hot water) are made by voucher, amounts not to exceed the following are to be removed from the grant:

(1) For heat only bills, the fuel for heating allowance, as defined in section 352.5(b) of this Part, is to be removed from the grant for a recipient not residing in or budgeted in accordance with Section 8 certificate housing provisions as outlined in section 352.31(d)(2)(ii) of this Part. An amount equal to the appropriate fuel allowance schedule set forth in section 352.5(b) of this Part for the appropriate heating type and public assistance household size is to be removed from the grant for a recipient residing in Section 8 certificate housing or budgeted in accordance with the Section 8 certificate housing provisions outlined in section 352.31(d)(2)(ii) of this Part.

(2) For domestic only bills, an average monthly amount of the domestic energy cost is to be removed from the grant. However, when the recipient's utility bill (heat and/or domestic energy) is placed on voucher payment as a result of recipient mismanagement, the provisions set forth in section 352.5(g) of this Part apply. In the case where the amount paid is for a period of more than one month, the deduction from the ensuing regularly recurring cash grants must be for the same number of months for which the bill is being paid.

(f) When the budget deficit increases between periods covered by the last regularly recurring grant, a special grant shall be made for the difference. This shall include the allowance necessary to provide on a prorated basis for an additional member of the household or for a member of the public assistance household who returns home for a visit.

(g) When an applicant for public assistance or care is an essential person in an SSI case, the amount of his/her essential person payment shall be considered as income and available to the applicant in determining his/her eligibility and degree of need.

(h) Treatment of income in excess of standard of need.

(1) For public assistance households, when the assistance unit's monthly income after application of applicable disregards exceeds the household's needs because of receipt of non-recurring lump sum earned or unearned income, (including retirement, survivors', and disability insurance benefits as provided for under title II of the Social Security Act; other retroactive monthly benefits; and payments in the nature of a windfall, e.g., inheritances or lottery winnings, personal injury and workers' compensation awards), except to the extent that such lump sum income is earmarked and used for the purpose for which it is paid (e.g., monies for previously incurred medical bills resulting from an accident or injury; funeral and burial costs; and replacement or repair of resources), the family will be ineligible for aid for a calculated period. This period is calculated by dividing the sum of the lump sum income and any other income received during the month, after applicable disregards for the month, by the household needs for a family which consists of the family assistance or safety net assistance unit plus any other individual whose needs are taken into account in determining eligibility and the amount of the grant. Any income remaining from this calculation is income in the first month following the period of ineligibility.

(2) The local district shall shorten the period of ineligibility in any one or more of the following cases and in the following manner:

(i) by excluding from any lump sum income for which this subdivision applies any amount which would be exempt and disregarded as cash and liquid or non-liquid resources because it does not exceed the resource eligibility limit as established under section 352.23(b) of this Part;

(ii) by recalculating the period of ineligibility based upon the new standard of need and the amount of the lump sum which would remain if a proportionate amount thereof had been granted in each month of ineligibility, when an event occurs which, had the family been receiving assistance for the month of occurrence, would result in a change in the amount of assistance payable for such month; or

(iii) by recalculating the period of ineligibility based upon the actual amount of the lump sum remaining when the income received or a portion thereof has become unavailable to the members of the family for reasons that were beyond the control of such members. Unavailable shall mean the family no longer has the lump sum income. Reasons which are considered to be beyond the control of the family shall include but are not limited to any event or circumstances which the family did not foresee or could not prevent, such as loss or theft of income or a life threatening circumstance; or

(iv) by recalculating the period of ineligibility based upon the actual amount of the lump sum remaining when the family incurs, becomes responsible for, and pays medical expenses as defined under the Medical Assistance Program in the month of ineligibility; or

(v) by recalculating the period of ineligibility based upon the actual amount of the lump sum remaining if the family, within 90 days of receipt of the lump sum, has used any or all of the lump sum for the following exempt resources:

(a) to purchase an automobile that is needed to seek or retain employment or for travel to and from work activities and which is exempt from the public assistance resource limit under section 352.23(b) of this Part; or

(b) to open a separate bank account or bank accounts that are exempt from the public assistance resource limit under section 352.23(b) of this Part for the purpose of purchasing an automobile to seek or retain employment or for the purpose of paying tuition at a two-year or four-year accredited post-secondary educational institution; or

(c) to purchase a burial plot that is exempt from the public assistance resource limit under section 352.23(b) of this Part; or

(d) to purchase a bona-fide funeral agreement that is exempt from the public assistance resource limit under section 352.23(b) of this Part.

(3) In instances when an individual makes a voluntary payment of excess income to a local district as recovery for past assistance granted, the provisions of paragraph (1) of this subdivision shall not apply; however, if the amount of the excess income exceeds the amount of past assistance, the provisions of paragraph (1) of this subdivision shall apply to the remainder.

(i) Residency.

(1) In accordance with section 131-a(3) of the Social Services Law, the following rules apply for persons entering this State and applying for home relief. For the first six months after establishing residency in this State, home relief benefits are limited to the standard of payment in the state in which the applicant resides immediately prior to establishing residency in this State. In no event can the grant be greater than the grant for which the applicant would otherwise be eligible for under this Title. For purposes of this subdivision, the standard of payment which would be available under the laws of another state refers to a schedule of comparative grants which the department will distribute to each social services district and other interested parties and which will be effective on July 1st of each odd numbered year, beginning in 1995. The schedule will set forth, for any state which financially participates in or mandates a program of assistance generally available to needy persons meeting specified income and resource requirements, the amount of the state's maximum standard of payment, if any, for each household size. If there is no general assistance program in the state in which the applicant previously resided, home relief will not be payable for the first six months after establishing residency in this State. Home relief benefits are not payable for persons entering this State from outside the United States, its territories or possessions for the first six months after they establish residency in this State.

(2) For purposes of this subdivision, an individual establishes when his or her residency in this State began by providing to the appropriate employee of the social services district information showing when the individual entered the State and establishing that the individual is currently residing in the State with a fixed intention to remain here.

(3) This subdivision will apply to recipients of aid to dependent children when all necessary Federal approvals are obtained.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 352.29

Amended New York State Register December 20, 2017 /Volume XXXIX, Issue 51, eff. 12/20/2017