N.Y. Comp. Codes R. & Regs. Tit. 18 §§ 398-4.2

Current through Register Vol. 46, No. 51, December 18, 2024

Section 398-4.2 - Eligibility requirements for SSP benefits

(a) To be eligible for SSP benefits, an individual or couple must:

(1) be aged, blind or disabled in accordance with the requirements of this Part and Title XVI of the federal Social Security Act (United States Code Annotated, title 42, sections 1381-1383f; Thomson West, West Headquarters, 610 Opperman Drive, Eagan, MN 55123. An electronic location for the United States Code, title 42, sections 1381-1383f is available from the Office of the Law Revision Counsel, United States House of Representatives, H2-308 Ford House Office Building, Washington, DC 20515 at: http://uscode.house.gov/view.xhtml?path=/prelim@title42/chapter7/subchapter16&edition=prelim. Copies may be obtained from the Office of Temporary and Disability Assistance, Public Information Office, 40 North Pearl Street, Albany, NY 12243-0001.);

(2) be in active receipt of federal SSI benefits as defined in section 398-2.1 of this Part, as of such time that the federal SSA electronic data file, containing such individual's or couple's relevant SSI eligibility determination is transmitted to NYS via the SDX with federal payment status codes as defined in section 398-2.1 of this Part;

(3) have monthly countable income less than the State standard of need as set forth in section 209 of the Social Services Law; and

(4) be living in NYS with the intention of making their home in NYS, but is not required to maintain a permanent residence or fixed address. This includes individuals placed by NYS agencies into facilities in other states, and individuals who are considered temporarily absent from NYS, but excluding individuals placed in a NYS facility by agencies of other states.

(b) A person is not eligible for SSP benefits if, on the first of the month, the individual is:

(1) an inmate of a public institution; or

(2) a resident of a medical facility which is receiving medical assistance for the individual at a level exceeding 50 percent of the cost of the individual's care.

N.Y. Comp. Codes R. & Regs. Tit. 18 §§ 398-4.2

Adopted by New York State Register September 24, 2014/Volume XXXVI, Issue 38, eff. 10/1/2014.

Amended New York State Register January 13, 2021/Volume XLIII, Issue 02, eff. 1/13/2021