N.Y. Comp. Codes R. & Regs. tit. 18 § 368.5

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

Section 368.5 - Non-financial factors

(a) Residence. Sufficient information shall be obtained to establish the fact that the applicant for or recipient of AABD is found within or residing in the social services district on the date of the application and subsequent thereto, except for temporary absence.

(b) Support from legally responsible relatives. Determination of the ability of legally responsible relatives to assist shall be made and enforced in accordance with applicable department regulations.

(c) Transfer of property. Whenever investigation indicates that a person applying for AABD has transferred or assigned his property, real or personal, prior to application, the reason for such transfer or assignment shall be sought and a determination made as to whether such transfer or assignment was made for the purpose of qualifying for assistance.

(1) A transfer of property made within one year prior to the date of the person's application for such assistance shall be presumed to have been made for the purpose of qualifying for such assistance.

(2) If it is determined that there was no intent to defraud the agency and that the action which the applicant took at the time the property was conveyed was a normal transaction, not taken for the purpose of qualifying for assistance, such transfer or assignment shall not constitute a basis for denial.

(3) If transfer or assignment is found to have been made for the purpose of qualifying for AABD, the agency shall determine whether the property is available for return to the applicant or assignment to the agency. When not available for return or assignment, the application for assistance shall be denied.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 368.5