N.Y. Comp. Codes R. & Regs. tit. 18 § 387.25

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

Section 387.25 - Transitional Supplemental Nutrition Assistance Program Benefits

Transitional Benefits Alternative (TBA) provides five months of transitional SNAP benefits to eligible households after they leave the family assistance and/or safety net assistance program pursuant to the requirements set forth in this section.

(a) Eligible Households. Transitional SNAP benefits must be provided to eligible SNAP households as set forth below:

(1) Family Assistance. Households leaving family assistance except for those excluded under subdivision (b) of this section.

(2) Safety Net Assistance. Households leaving safety net cash or safety net federally non-participating programs, except for those excluded under subdivision (b) of this section, who meet each of the following conditions:

(i) The household must include at least one child who is:

(a) Under 22 years of age and living with a parent; or

(b) Under 18 years of age and under the parental control of an adult member of the household; or

(c) Under 18 years of age and is a minor head of household at the time of the safety net case closing.

(ii) The child/children do not need to be participating in either the safety net case or the SNAP case at the time of the safety net case closing.

(iii) The child/children must be verified with the social services district as active, sanctioned or inactive household members at the time of the safety net case closing.

(iv) Eligibility for TBA cannot be established subsequent to the safety net case closing.

(3) Eligible households as determined in paragraphs (1) and (2) of this subdivision who have a member(s) participating in an employment program that provides wages that are funded or reimbursed, at least in part, through a grant diversion program that diverts the household's entire family assistance or safety net assistance grant ($0 cash grant case) are considered to have left family assistance and/or safety net assistance for the purpose of TBA eligibility.

(b) Ineligible Households. Transitional SNAP benefits must not be provided when one of the following conditions exists:

(1) The household is not in receipt of SNAP benefits at the time of the closing;

(2) A household member is not compliant with a family assistance or safety net assistance requirement, and the State agency or social services district is imposing a comparable SNAP sanction;

(3) A household member is currently in violation of a SNAP work requirement;

(4) A household member is currently disqualified from participation in the family assistance program, the safety net assistance program or SNAP for an intentional program violation;

(5) A household's SNAP case is closing for failure to comply with SNAP reporting requirements;

(6) No household member is eligible to participate in SNAP; or

(7) A safety net assistance household has not reported and verified the residence of a child, as required by subparagraph (iii) of paragraph (2) of subdivision (a) of this section, at the time of the safety net case closing.

(c) TBA Transition Period. The social services district provides five months of transitional SNAP benefits.

(1) The transitional SNAP benefits are issued to TBA eligible households for a period of five months following the closing of the public assistance case even if it results in the shortening or the extending of a household's currently assigned certification period, unless:

(i) A household has recertified for SNAP benefits as a result of voluntarily reporting a change that resulted in an increase in SNAP benefits; or

(ii) A household has a member or members who begin receiving family assistance or safety net assistance. This includes a household under a grant diversion program who begins receiving a cash grant.

(2) As provided in paragraph (1) of this subdivision, the TBA transition period will end after a household has been issued transitional SNAP benefits for a period of five months, except that:

(i) for a household that recertifies for SNAP benefits, as provided in subparagraph (i) of paragraph (1) of this subdivision, the household's TBA transition period will end the last day of the month immediately preceding the first month of the new certification period;

(ii) for a household that has a member who begins receiving either family assistance or safety net assistance, as provided in subparagraph (ii) of paragraph (1) of this subdivision, on or before the twentieth day of the month, the household's TBA transition period will end no later than the last day of the month in which the household member begins receiving such assistance; and

(iii) for a household that has a member who begins receiving either family assistance or safety net assistance, as provided in subparagraph (ii) of paragraph (1) of this subdivision, after the twentieth day of the month, the household's TBA transition period will end no later than the last day of the month following the month in which the household member begins receiving such assistance.

(d) Calculation of Transitional SNAP Benefits. All transitional SNAP benefits will be calculated by removing the public assistance income from the SNAP budget in effect immediately prior to the closing of the public assistance case; all other budget factors will remain the same. The SNAP budget then will be recalculated to establish the transitional SNAP benefit amount. Transitional SNAP benefits will remain at the established level for five months, unless the household's TBA benefits are discontinued pursuant to paragraph (1) of subdivision (c) of this section.

(e) Reporting Requirements and Reporting Changes.

(1) TBA households are not required to report changes during the five-month TBA transition period.

(2) TBA households may voluntarily report changes. Only changes that will result in an increase in benefits and that are authorized through a recertification of the household will be enacted, except that for a TBA household that has a member of the household leave and apply for and be found eligible for SNAP as a member of another household, then the TBA case and benefit must be adjusted to reflect the loss of the household member, without the TBA period being adjusted.

(f) Recertification.

(1) TBA households must recertify for SNAP benefits in order to continue to receive SNAP benefits after the five-month TBA transition period.

(2) TBA households must be allowed to file a recertification at any time during the five-month TBA transition period.

(i) Only a client-requested recertification that will result in an increase in SNAP benefits will be enacted to end the five-month TBA transition period.

(ii) The increased SNAP benefits will be issued for the new certification period that will begin the month after the month in which the household completes all recertification requirements.

(iii) Unless conducted on the same day as the recertification filing date, client-requested recertification interviews must be scheduled as soon as possible, but no later than ten days prior to the end of the month following the month in which the recertification is requested.

(iv) TBA households that fail to appear for a scheduled interview must have their transitional SNAP benefits continue until the end of the five-month TBA transition period.

(v) TBA households that request an early recertification, but fail to provide required verification or that report changes that would result in a decrease in SNAP benefits, will continue to receive transitional SNAP benefits unchanged until the end of the five-month TBA transition period.

(g) Notice Requirements. At the commencement of the TBA transition period, a notice must be issued advising the household of the following:

(1) The amount of the TBA benefits.

(2) The length of the TBA transition period.

(3) TBA households will receive the same TBA benefit amount until the end of the TBA transition period.

(4) TBA households are not required to report any changes until the recertification at the end of the TBA transition period.

(5) TBA households may report changes if income decreases or if expenses or household size increase.

(6) TBA households may request an early recertification.

(7) TBA households with a member or members who begin receiving family assistance or safety net assistance lose eligibility for TBA.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 387.25

Adopted New York State Register August 31, 2016/Volume XXXVIII, Issue 35, eff. 8/31/2016