N.Y. Comp. Codes R. & Regs. tit. 18 § 352.15

Current through Register Vol. 46, No. 51, December 18, 2024

Section 352.15 - Support payments

(a)Child support disregard payment.

An amount up to the first $100 or $200 per month of any current child or child and spousal support payment(s) received by a public assistance household directly from the support collection unit or directly from the noncustodial parent prior to the requirement that payments toward the support obligation be made through a support collection unit and retained by the social services district, must be disregarded as income or resources in determining eligibility.

(1) Effective January 1, 2010, for public assistance households containing one public assistance individual under the age of 21, the amount disregarded shall be up to the first $100 of current support received or the monthly support obligation, whichever is less.

(2) Effective January 1, 2010, for public assistance households containing two or more public assistance individuals under the age of 21, the amount disregarded shall be up to the first $200 of current support received or the monthly support obligation, whichever is less.

(b)Pass-through payments.

An amount of child or child and spousal support collections received by the support collection unit under an assignment applied toward the current monthly support obligation for a public assistance household, and retained by the social services district, must be paid to the public assistance household as a pass-through payment. Any pass-through payment made to the public assistance household shall be disregarded as income or resources in determining eligibility or standard of need.

(1) Effective January 1, 2010, for public assistance households containing one public assistance individual under the age of 21, up to the first $100 of current support collections received or the monthly support obligation, whichever is less, shall be paid to the public assistance household as a pass-through payment.

(2) Effective January 1, 2010, for public assistance households with two or more public assistance individuals under the age of 21, up to the first $200 of current support collections received or the monthly support obligation, whichever is less, shall be paid to the public assistance household as a pass-through payment.

(3) Date of receipt for pass-through payments. The date of receipt for support collections is the date on which the payment is received by the support collection unit.

(c)Excess support payments.

(1) Support collections retained by the social services district must be used to reduce the amount of unreimbursed assistance by the total amount of support collected. Collections which exceed the cumulative amount of unreimbursed assistance must be paid to the family.

(2) Payments made to the family under paragraph (1) of this subdivision shall be made available to the family within 15 calendar days of the end of month in which the support was processed by the support collection unit.

(d) Any amount paid to the family pursuant to subdivision (b) or (c) of this section shall not be identified as assistance paid to the family.

(e) If a public assistance recipient reports to a local social services official that a payment pursuant to this section has been lost or stolen, the social services district shall follow the procedures outlined in section 352.7(g) of this Part.

(f) If the local social services official establishes that the recipient received a payment pursuant to this section that the recipient claimed was lost or stolen and which has been replaced, the amount of such payment shall be recovered from a subsequent payment or recouped from the recipient in accordance with section 352.31(d) of this Part.

(g) If the payment pursuant to this section is issued to the wrong individual, a payment to the correct individual shall be issued immediately and recovery or recoupment from the incorrect individual shall be made in accordance with section 352.31(d) of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 352.15

Amended New York State Register May 4, 2016/Volume XXXVIII, Issue 18, eff.5/4/2016