N.Y. Comp. Codes R. & Regs. tit. 18 § 366.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 366.4 - Eligibility requirements for CAP

This section outlines the requirements for the CAP program regulations contained in this Part.

(a) A potentially eligible program participant requesting to transfer to CAP must complete the State-prescribed recertification form and the State-prescribed form requesting enrollment in CAP.

(b) An initial eligibility interview must be completed to certify the applying family's eligibility for CAP.

(c) The following eligibility prerequisites must be met for a family to receive CAP:

(1) all family members requesting a transfer to CAP must be in receipt of FA or meet the exception provided in subdivision (d) of this section;

(2) the custodial parent must possess a support order for each child enrolling in CAP, and the parent named in the order must be absent from the home, except where failure to obtain a support order is due to one of the following:

(i) the absent parent is deceased;

(ii) the custodial parent has demonstrated to the satisfaction of the district a diligent effort to obtain a child support order, including providing the district with the name of the non-custodial parent and a verifiable address at which service of process can be effectuated, but due to reasons outside the control of the custodial parent, a child support order is not obtainable in a reasonable period of time. As long as the custodial parent is cooperating with Part 347 of this Title in establishing paternity and obtaining a child support order, such child support order will not be considered available in a reasonable period of time after a four-month period has elapsed from the date the name and verifiable address is provided to the agency;

(iii) the custodial parent has good cause, as defined in section 369.2(b)(4) of this Title, for not cooperating with either paternity establishment or obtaining a child support order; or

(iv) the child resides with both parents, and paternity has either been acknowledged in writing by both parents pursuant to section 4135 (b) of the Public Health Law or section 111 (k) of the Social Services Law, or adjudicated;

(3) the child(ren) enrolling must meet the definition of an eligible child found at section 369.2(c) of this Title; and

(4) the family must be financially eligible for CAP under sections 366.5 and 366.6 of this Part.

(d) CAP filing unit provisions apply to eligible children described at section 369.2(c) of this Title. When a custodial parent(s) of an eligible child transfers to CAP, the CAP application must also include the following individuals residing in the home:

(1) the eligible child;

(2) the eligible child's parents; and

(3) the eligible child's blood-related and adopted siblings who are also eligible children and their parent(s).

Together these individuals comprise a filing unit. If any of the individuals required to be in the filing unit fails to apply or comply with any of CAP's eligibility requirements, the entire filing unit is ineligible to participate in CAP. Income of any member of the CAP filing unit must be combined and applied when determining the eligibility of the CAP filing unit. Some household members drawn into the CAP filing unit may not meet the CAP eligibility prerequisites because of ineligibility for public assistance or lack of a support order. These individuals are still considered filing unit members even though they cannot receive CAP.

(e) All FA recipients determined to be prospectively ineligible for FA due to increased earnings are still eligible for CAP if determined to have been financially eligible for FA during one of the two months prior to the first month of CAP eligibility.

(f) Face-to-face recertification interviews for CAP will be held at least annually. CAP participants must complete the State-prescribed recertification form prior to the interview. Recertification must include a thorough reevaluation and documentation of need and eligibility for CAP.

(g) The quarterly reporting requirements of section 366.11 of this Part will apply to CAP participants.

(h) A family which voluntarily withdraws from CAP cannot return to CAP for three months from the date the family withdraws.

(i) There are no eligibility requirements under CAP for which noncompliance results in the sanction of an individual. Failure to comply with any eligibility requirement, even those provisions of this Title which specifically provide for individual sanctions, will result in CAP ineligibility for the entire household and a return to the appropriate PA program, if otherwise eligible.

(j) There is no resource limit for a family while receiving CAP. However, at the time of transfer to CAP the family must be eligible for FA under section 352.23 of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 366.4