§ 152-D — Replacement of stolen public assistance

§ 152-d. Replacement of stolen public assistance. 1. Notwithstanding\nsection three hundred fifty-j of this article and subdivision eleven of\nsection one hundred thirty-one of this title, and in accordance with\nthis section, public assistance recipients shall receive replacement\nassistance for the loss of public assistance, as defined in subdivision\nnineteen of section two of this chapter, in instances when such public\nassistance has been stolen as a result of card skimming, cloning, third\nparty misrepresentation or other similar fraudulent activities,\nconsistent with guidance issued by the office of temporary and\ndisability assistance.\n 2. The office of temporary and disability assistance shall establish a\nprotocol for recipients to report incidents of stolen public assistance.\nThis protocol will be administered by social services districts pursuant\nto guidance issued by the office of temporary and disability assistance.\n 3. Social services districts shall promptly replace stolen public\nassistance, however, such replacement shall occur no later than five\nbusiness days after the social services district has verified the public\nassistance was stolen in accordance with guidance established by the\noffice of temporary and disability assistance consistent with federal\nand state laws, regulations and guidance, provided, however, that social\nservices districts shall not ask recipients to obtain a police report or\nrequire any other interaction with law enforcement unless required by\nfederal law, regulation, or guidance for either public assistance or\nsupplemental nutrition assistance program benefits.\n 4. For public assistance that is verified as stolen, replacement\nassistance shall be provided by the social services district in\naccordance with this section as follows:\n (a) the lesser of: (i) the amount of public assistance that was\nstolen; or (ii) the amount of public assistance equal to two months of\nthe monthly allotment of the household immediately prior to the date\nupon which the public assistance was stolen; provided, however, the\ncommissioner may promulgate regulations for the provision of additional\nreplacement assistance in extenuating circumstances consistent with\nfederal and state laws, regulations and guidance; and\n (b)(i) no more than twice in a federal fiscal year to cover public\nassistance stolen on or after January first, two thousand twenty-two\nthrough September thirtieth, two thousand twenty-four; or (ii) no more\nthan once in a federal fiscal year to cover public assistance stolen on\nor after October first, two thousand twenty-four.\n 5. Any replacement assistance provided under this section shall be\nexempt from recoupment and recovery provisions under title six of\narticle three of this chapter; provided, however, that assistance shall\nnot be exempt from recoupment and recovery if it is later determined\nthat the public assistance that was replaced pursuant to this section\nwas not stolen as a result of card skimming, cloning, third party\nmisrepresentation or other similar fraudulent activities.\n 6. The office of temporary and disability assistance shall make a\nmodel sign available on its website that can be used by any person,\nfirm, partnership, association or corporation required to inform\nindividuals about electronic benefit transfer scams, including, but not\nlimited to, skimming, and the steps they can take to protect their\nbenefits in accordance with section three hundred ninety-e of the\ngeneral business law.\n