N.Y. Comp. Codes R. & Regs. tit. 18 § 351.20

Current through Register Vol. 46, No. 43, October 23, 2024

Section 351.20 - Determination of continuing eligibility

(a) Continuing eligibility for public assistance shall be established by investigation and documentation at specified intervals and the process shall be known as recertification, which shall include a reevaluation and reconsideration of all variable factors of need and other factors of eligibility.

(b) In connection with periodic redetermination of eligibility, the social services district shall:

(1) require that the recipient complete the State-prescribed form and submit appropriate supporting data;

(2) determine the need for additional information from the recipient and/or collateral sources;

(3) interview the recipient in a face-to-face interview, or may interview the recipient by telephone or other digital means at the request of the recipient, in order to verify factors of eligibility, including those related to:

(i) identity of recipient;

(ii) domicile of recipient;

(iii) family composition;

(iv) rent payment or cost of housing;

(v) income from any source;

(vi) savings or other resources;

(vii) lawful residence in the United States, if the recipient is an alien;

(4) make appropriate collateral investigation, as required, where the recipient is unable to secure documentation of the above factors and any additional factors of eligibility as required to establish continued eligibility;

(5) evaluate all the factual information gathered as to its completeness, relevancy and consistency;

(6) identify the factors of eligibility subject to change which call for prompt review of continuing eligibility; and

(7) advise the recipient of his continuing responsibility to keep the agency informed of changes in his circumstances.

(c) When a social services district becomes aware that the adult relative caretaker of a minor child has died, the district must take prompt steps to adjust case classification and payee and to adjust benefit levels to reflect current circumstances. Public assistance eligibility must not lapse solely by reason of death of the adult caretaker of a minor child until arrangements are completed for the addition of the child to another public assistance household, reclassification of the case, foster care or other appropriate financial support.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 351.20

Amended New York State Register February 9, 2022/Volume XLIV, Issue 06, eff. 2/9/2022

Amended New York State Register March 22, 2023/Volume XLV, Issue 12, eff. 3/22/2023