N.Y. Comp. Codes R. & Regs. tit. 18 § 370.5

Current through Register Vol. 46, No. 50, December 11, 2024

Section 370.5 - Determination of continuing eligibility

Continuing eligibility for safety net assistance must be determined in accordance with the regulations of the office governing the programs of public assistance, including this Part and Parts 352, 369 and 385 of this Title and applicable regulations of the Department of Labor. This determination must include reconsideration of all factors of initial eligibility which are subject to change, including financial need, employment and availability for employment. It must include, where indicated, consideration of presumptive eligibility for FA and classification and transfer to that category. Each recipient of safety net assistance or his or her authorized representative must sign a repayment of interim assistance authorization. If a recipient, based on a medical statement documenting or indicating existence of a physical or mental impairment, reasonably appears to qualify for SSI benefits, or during the recertification process demonstrates behavior or symptoms suggesting potential SSI eligibility, or has reached or will before the end of the following calendar month become 65 years of age, or otherwise appears to be eligible for SSI, his or her continuing eligibility for safety net assistance is subject to his or her efforts to obtain SSI benefits and compliance with the conditions set forth in the interim assistance provisions of section 353.1 of this Title. Any determination that pursuit of SSI benefits is necessary must be included in the district's SSI tracking procedures. Review of the following factors, where applicable, must also be made:

(a) Residence--absence from the district of administration. Absence from the district of administration must be evaluated in accordance with Parts 310, 311, 349 and 351 of this Title and sections 62, 117 and 118 of the Social Services Law.

(b) Living arrangements. The safety net assistance recipient's place of residence must be reconsidered in determining continuing eligibility in accordance with provisions of this Title applicable to determining initial eligibility. Whenever possible, dependent persons should be given assistance in their own residence or efforts made to return them to their own residence when it has been determined that another form of care is not appropriate or no longer required.

(c) Continuance or change in short-term status. If assistance is needed beyond the short- term period as defined in the emergency and short-term cases section of this Part, policies governing the meeting of needs and the utilization of resources for long-term assistance must be applied in accordance with Part 352 of this Subchapter.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 370.5