§ 158 — Eligibility

New York § 158

• Jurisdiction: New York
• Law SOS: Social Services
• Title 3: Home Relief
• Art. 5: Assistance and Care

Text

§ 158. Eligibility. 1. A person is eligible for safety net assistance\nwho is financially needy as determined in accordance with title one of\nthis article and the regulations promulgated thereunder, is not in\nsanction status for a program authorized by this chapter and:\n (a) resides in a family which is ineligible for family assistance or\nother assistance funded by the federal temporary assistance for needy\nfamilies block grant because an adult in the family has exceeded the\nmaximum durational limits on such assistance contained in section three\nhundred fifty of this chapter, or\n (b) is an adult who would otherwise be eligible for family assistance\nexcept that he or she does not reside with a dependent child, or\n (c) resides in a family that would otherwise be eligible for family\nassistance except that at least one adult or minor head of household has\nbeen determined in accordance with section one hundred thirty-two of\nthis article to be abusing illegal substances or engaging in the\nhabitual and excessive consumption of alcoholic beverages, or\n (d) is under the age of eighteen, not living with his or her child and\nhas no adult relatives with whom to reside, or\n (e) resides in a family in which a person required to submit to\nscreening or evaluation for use of illegal drugs or excess alcohol\nconsumption pursuant to section one hundred thirty-two of this article\nrefused to comply, or\n (f) resides in a family which includes a person disqualified from\nreceiving assistance pursuant to paragraph (f) of subdivision four of\nsection one hundred thirty-two of this article, or\n (g) is a qualified alien who is ineligible to receive assistance\nfunded under the temporary assistance for needy families block grant\nsolely because of section four hundred three of the federal personal\nresponsibility and work opportunity reconciliation act of 1996 (P.L.\n104-193) or is a noncitizen who is permanently residing under color of\nlaw but is not a qualified alien.\n 2. A person who shall be eligible for family assistance according to\nthe provisions of title ten of this article shall be granted family\nassistance and while receiving such aid shall not be eligible for safety\nnet assistance. A person who is receiving federal supplemental security\nincome payments and/or additional state payments shall not be eligible\nfor safety net assistance. A person who is eligible for refugee cash\nassistance pursuant to the plan established pursuant to section three\nhundred fifty-eight of this article shall not be eligible for safety net\nassistance. An applicant for or recipient of safety net assistance shall\nbe required, as a condition of eligibility for safety net assistance, to\nsign a written authorization allowing the secretary of the federal\ndepartment of health and human services to pay to the social services\ndistrict his or her initial supplemental security income payment and\nallowing the social services district to deduct from his or her initial\npayment the amount of safety net assistance granted for any month for\nwhich he or she subsequently is determined eligible to receive\nsupplemental security income benefits. For the purposes of this\nsubdivision the term "initial payment" shall refer to the first payment\nof supplemental security income benefits after a person files an\napplication for benefits or after a person who has been terminated or\nsuspended from eligibility for supplemental security income benefits\nsubsequently has been found eligible for such benefits. An applicant for\nsafety net assistance who reasonably appears to meet the criteria for\neligibility for federal supplemental security income payments shall also\nbe required, as a condition of eligibility for safety net assistance, to\napply for such payments and shall, if otherwise eligible therefor, be\neligible for safety net assistance until he or she has received a\nfederal supplemental security income payment. Further, if an applicant\nfor safety net assistance is required to apply for federal supplemental\nsecurity payments and is denied, such person shall, subject to\ndepartment regulation, also be required as a condition of eligibility to\nappeal his or her denial and exhaust his or her administrative remedies;\nsuch person shall remain eligible for safety net assistance, so long as\nhe or she otherwise remains eligible while his or her appeal is pending.\n 3. A person shall not be eligible for safety net assistance who has\nmade a voluntary assignment or transfer of property for the purpose of\nqualifying for such aid. A transfer of property made within one year of\nthe date of application shall be presumed to have been made for the\npurpose of qualifying for such assistance.\n 4. Social services officials shall determine eligibility for safety\nnet assistance within thirty days of receiving an application for safety\nnet assistance. Such officials shall notify applicants of safety net\nassistance about the availability of assistance to meet emergency\ncircumstances or to prevent eviction.\n 5. Application for or receipt of safety net assistance shall operate\nas an assignment to the state and the social services district concerned\nof any rights to support that accrue during the period that a family\nreceives safety net assistance from any other person as such applicant\nor recipient may have either on their own behalf or on behalf of any\nother family member for whom the applicant or recipient is applying for\nor receiving assistance. Applicants for or recipients of safety net\nassistance shall be informed that such application for or receipt of\nsuch benefits will constitute such an assignment. Such assignment shall\nterminate with respect to current support rights upon a determination by\nthe social services district that such person is no longer eligible for\nsafety net assistance, except with respect to the amount of any unpaid\nsupport obligation that has accrued during the period that a family\nreceived safety net assistance.\n 6. In addition to other eligibility requirements, each person who is\napplying for or receiving assistance under this title, and who is\notherwise eligible for assistance under this title, shall be required,\nas a further condition of eligibility for such assistance:\n (i) to assign to the state and the social services district any rights\nto support that accrue during the period that a family receives safety\nnet assistance from any other person as such applicant or recipient may\nhave either on their own behalf or on behalf of any other family member\nfor whom the applicant or recipient is applying for or receiving\nassistance; and\n (ii) to cooperate with the state and the social services official, in\naccordance with standards established by regulations of the office of\ntemporary and disability assistance consistent with federal law and\nregulations, in establishing the paternity of a child born\nout-of-wedlock for whom assistance under this title is being applied for\nor received, in their efforts to locate any absent parent and in\nobtaining support payments or any other payments or property due such\nperson and due each child for whom assistance under this title is being\napplied for or received, except that an applicant or recipient shall not\nbe required to cooperate in such efforts in cases in which the social\nservices official has determined, in accordance with criteria, including\nthe best interests of the child, as established by regulations of the\noffice of temporary and disability assistance consistent with federal\nlaw and regulations, that such applicant or recipient has good cause to\nrefuse to cooperate. Each social services district shall inform\napplicants for and recipients of safety net assistance required to\ncooperate with the state and local social services officials pursuant to\nthe provisions of this paragraph, that where a proceeding to establish\npaternity has been filed, and the allegation of paternity has been\ndenied by the respondent, there shall be a stay of all paternity\nproceedings and related social services district proceedings until sixty\ndays after the birth of the child. Such applicants and recipients shall\nalso be informed that public assistance and care shall not be denied\nduring a stay on the basis of refusal to cooperate pursuant to the\nprovisions of this paragraph.\n 7. As a condition of eligibility for the receipt of safety net\nassistance, every applicant for such assistance must:\n (i) sign an agreement which provides that, if it is determined that\nmoney is owed to the social services district because of overpayments of\nsafety net assistance to the applicant while a recipient of safety net\nassistance, the applicant agrees to repay any such money that remains\ndue after the applicant ceases to receive safety net assistance; and\n (ii) sign an assignment of future earnings on a form prescribed by the\ndepartment to secure the repayment of any money that is determined,\nafter providing the opportunity for a fair hearing in accordance with\nsection twenty-two of this chapter, to be owed to the social services\ndistrict because of overpayments of safety net assistance to the\napplicant while a recipient of safety net assistance. The prescribed\nform shall include the following notice: "THIS AGREEMENT AUTHORIZES THE\nSOCIAL SERVICES DISTRICT TO RECOVER ANY OVERPAYMENT OF YOUR PUBLIC\nASSISTANCE BENEFITS BY COLLECTING THE AMOUNT OF THE OVERPAYMENT DIRECTLY\nFROM YOUR FUTURE WAGES. IF YOU FAIL TO MAKE THE PAYMENTS REQUIRED BY A\nREPAYMENT AGREEMENT BETWEEN YOU AND THE SOCIAL SERVICES DISTRICT, THE\nSOCIAL SERVICES DISTRICT WILL FILE THIS AGREEMENT WITH YOUR EMPLOYER AND\nRECOVER THE OVERPAYMENT DIRECTLY FROM YOUR WAGES." In addition, the\nassignment of future earnings and the enforcement thereof must comply\nwith all requirements of article three-A of the personal property law.\nThe social services district may file the assignment of future earnings\nwith the employer of the assignor only if the assignor fails to make\npayments of money owed to the social services district in accordance\nwith the agreement required in paragraph (i) of this subdivision.\n 8. No person who resides with his or her minor child shall be eligible\nfor safety net assistance except as provided in subdivision one of this\nsection.\n