N.Y. Comp. Codes R. & Regs. tit. 18 § 387.26

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

Section 387.26 - Elderly Simplified Application Project (ESAP)

The ESAP is a federally-approved demonstration project which streamlines the SNAP application, recertification and verification processes for eligible seniors and/or disabled individuals. The operation of the ESAP, as set forth in this section, is subject to continued federal approval and funding.

(a) Eligible Households. Unless ineligible under subdivision (b) of this section, households eligible to participate in the ESAP are as follows:

Households in which all adult members are:

(1) Age 60 or older and/or disabled; and,

(2) Not in receipt of earned income.

(b) Ineligible Households. Households ineligible to participate in the ESAP are as follows:

(1) Households that are eligible to participate in the SNAP under the NYSNIP or the NYSCAP;

(2) Individuals residing in Group Living Facilities as defined in section 387.1 of this Part.

(3) Households in which any member is in receipt of ongoing public assistance as defined by Parts 369 and 370 of Title 18 NYCRR.

(4) Households not meeting the requirements of subdivision (a) of this section.

(c) Shortened and Simplified Application.

As part of the implementation process, a shortened and simplified SNAP application will be made available. In addition to availability for use at initial application, the application will be distributed with an ESAPspecific Notice of Expiration (NOE) to participating households at recertification.

(1) Use of the shortened and simplified application:

(i) The shortened and simplified application is intended for use by elderly and/or disabled SNAP applicants; however:

(a) Filing the shortened and simplified application is not a requirement for participation in the ESAP. An ESAP-eligible household may apply for SNAP using any currently available SNAP application and still be determined eligible for the ESAP;

(b) All SNAP applications, filed in accordance with section 387.5 of this Part, will be screened for ESAP eligibility as part of the eligibility determination process; and,

(c) ESAP-eligible households, regardless of which application is used at application, will be sent a notification of their eligibility for SNAP benefits under the ESAP.

(ii) There is no restriction on who may complete and submit the shortened and simplified application for consideration; however:

(a) Filing the shortened and simplified application does not, in and of itself, entitle an individual to participate in the ESAP; and

(b) Individuals who are determined ineligible for the ESAP after filing the shortened and simplified application are not entitled to receive notice thereof. Such applicants shall receive notification pursuant to section 387.20 of this Part.

(iii) If, upon screening, a shortened and simplified application is determined ineligible for the ESAP, the application must still be considered a SNAP application, and the application process must be completed in compliance with all SNAP application processing requirements as set forth in this Part.

(d) Certification Period. Certification period for individuals enrolled in the ESAP.

(1) Individuals found eligible for the SNAP and participating in the ESAP shall receive a certification period of up to 36 months.

(2) An ESAP household determined ineligible for continuing participation in the ESAP during their certification period but remaining eligible for the SNAP shall not have their certification period shortened.

(e) Recertification. Recertification process for households enrolled in the ESAP.

All SNAP households enrolled under the ESAP shall be required to apply for continued participation in the SNAP prior to the end of their certification in accordance with section 387.17(f) of this Part, with the following exceptions:

(1) Along with an ESAP-specific NOE, ESAP-participating households will receive the shortened and simplified application.

(2) Recertification interviews will not be required for every recertification application.

(3) No recertification application may be denied without first attempting to schedule a recertification interview; however, the social services district need not make an effort to schedule an interview unless a recertification application has first been filed. Upon receipt of a recertification application submitted by an ESAP-participating household, an interview will only be required in the following situations:

(i) If the recertification application would be denied;

(ii) If information on the recertification application is questionable; or

(iii) Upon request by the ESAP-participating household.

(f) Reporting Requirements. Reporting requirements for households enrolled in the ESAP.

All households enrolled in the ESAP will be considered simplified reporters, and subject to the rep orting rules as set forth in section 387.17(d) of this Part, with the following exceptions:

(1) Households are not required to submit a periodic report. At the midway point of the certification period, a contact letter will be sent to the household, which will:

(i) Include a non-mandatory Interim Report, affording the household an opportunity to update their case information; and,

(ii) Instruct the household that any reported change resulting in an increased SNAP benefit must be documented and verified in accordance with subdivision (g) of this section.

(2) In addition to the simplified reporting requirements, households are required to report:

(i) Any change in household composition;

(ii) If any member of the household begins to receive earned income; or

(iii) If any member of the household has substantial lottery and/or gambling winnings, as defined in applicable federal rules and regulations.

(g) Verification. Verification requirements under the ESAP.

(1) In order to ease the household burden of providing verification, social services districts may, to the extent possible, use computer matching to verify information related to current household circumstances such as:

(i) Details concerning the household's gross nonexempt income, namely:

(a) The amount of unearned income; and,

(b) Whether all sources of household income are unearned.

(ii) Social Security Number;

(iii) Date of Birth;

(iv) Death;

(v) Residency;

(vi) Identity; and

(vii) Medical Expenses.

(2) All ESAP participants shall be permitted to self-declare expenses for standard utility allowances and other shelter expenses.

(3) Any other information that is required to be verified but is not able to be verified by computer matching shall be subject to the SNAP verification requirements as set forth in section 387.8 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 387.26

Adopted New York State Register April 13, 2022/Volume XLIV, Issue 15, eff. 4/13/2022