N.Y. Comp. Codes R. & Regs. tit. 18 § 352.8

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

Section 352.8 - Standard of assistance and allowances for persons not living in their own homes; cost of residence for families living in shelters for families

(a) The standard of need includes an allowance to be provided by each social services district for persons residing in the following living situations: room and board; approved residential programs for victims of domestic violence; maternity homes; family homes or boarding homes; family care or residential care facilities; drug-abuse-control facilities and residential facilities for the mentally disabled. With respect to residential programs for victims of domestic violence operated in accordance with the provisions of Parts 452 and 453 or 454 or 455 of this Title, the allowance is established in accordance with the provisions of Part 408 of this Title. With respect to a family or pregnant woman properly referred and admitted to a shelter for families operated in accordance with the provisions of Part 900 of this Title, the standard of assistance is and the social services district making such referral must pay to the shelter the family's cost of residence in the shelter, for periods of residence authorized by Part 900, at a rate approved pursuant to section 900.16 of this Title. Part 900 governs all costs, payments and allowances for maintenance of persons residing in family shelters.

(b) Each social services official must establish:

(1) An allowance for each recipient or family purchasing room and/or board to cover the cost of board, room rent and other expenses, except where such items and services are furnished by a legally responsible relative or a recipient of public assistance. This allowance, including but not limited to rates set for entities governed by section 352.3(e) of this Part, is subject to review and approval by the Office of Temporary and Disability Assistance (the office) pursuant to a timetable established by the office in accordance with paragraph (2) of this subdivision. For each recipient or family purchasing room and/or board from an individual, family or from a commercially operated boarding house, such allowance cannot exceed the sum of the statewide monthly grant and allowance, the statewide monthly home energy payments, the statewide monthly supplemental home energy payments and the local agency monthly shelter allowance schedule without children as contained in section 352.3(a)(1) of this Part.

(2) [Reserved]

(3) An allowance for each person residing in a maternity home, at the lowest rate for which suitable care can be purchased from such facility.

(4) An allowance for each recipient receiving care in a Level 1, Level 2 or Level 3 certified congregate care facility. The allowance is based on the rates provided for care and maintenance under the Supplemental Security Income Program for SSI beneficiaries residing in the same facility, less the amount of any personal needs allowance included in the SSI rate. The facilities included are:

(i) Level 1. Family-type homes certified by the Office of Children and Family Services and family care homes certified by the Office of Mental Health or the Office of Mental Retardation and Developmental Disabilities.

(ii) Level 2. Residences for adults certified by the Department of Health; programs providing intensive residential rehabilitation services, community residential services or supportive living services certified by the Office of Alcoholism and Substance Abuse Services; supportive community residences, supervised community residences and individualized residential alternatives certified by the Office of Mental Retardation and Developmental Disabilities; and apartment treatment, congregate treatment and congregate support facilities certified by the Office of Mental Health. For purposes of this subparagraph, congregate care Level 2 facilities do not include intermediate care facilities or respite care facilities.

(iii) Level 3. Adult homes and enriched housing programs certified by the Department of Health and schools for the mentally retarded certified by the Office of Mental Retardation and Developmental Disabilities.

(5) An additional allowance for each public assistance applicant/recipient who meets the requirements of section 349.4 or section 369.4(c) of this Title concerning temporary absences from the home and who is receiving Level I, Level 2 or Level 3 care in a certified congregate care facility listed in paragraph (4) of this subdivision at the rates provided for care and maintenance under the Supplemental Security Income Program for SSI beneficiaries residing in the same facility, less the amount of any personal needs allowance included in the SSI rate.

(6) A per diem rate to cover the costs of shelter, care and other activities in an approved residential program for victims of domestic violence for persons who are in receipt of public assistance and care at the time of admission to the program or who apply for emergency assistance to needy families, family assistance, safety net assistance or any other form of public assistance and care under section 131 or 131-a of the Social Services Law, during the time of residency in such program and are found eligible for such assistance and care. This rate must be established in accordance with the provisions of Part 408 of this Title.

(c)

(1) Each social services official shall provide an allowance for monthly personal needs for clothing and incidentals for recipients residing in:

(i) Boarding homes or under room and board arrangements or approved residential programs for victims of domestic violence in which three meals per day are provided, or facilities certified by the Office of Alcoholism and Substance Abuse Services other than community residences, in the amount of $45; infirmaries, nursing homes, intermediate care facilities, or similar medical facilities, in the amount of $40.

(ii) Congregate care Level 1, Level 2 and Level 3 at the amount included in the SSI payment level as the personal needs allowance for SSI recipients residing in the particular facility. For recipients of public assistance who are required to participate in appropriate residential rehabiliation programs pursuant to section 351.2(i) and section 370.2(c)(8)(ii) of this Title, such allowances must be made as restricted payments to the residential programs and must be conditional payments. If a public assistance recipient required to participate in an appropriate residential rehabilitation program pursuant to section 351.2(i) and section 370.2(c)(8)(ii) of this Title leaves the program prior to completion of the program, any accumulated personal needs allowance which is held by the program on behalf of the recipient must be considered to be an overpayment and must be returned by the program to the social services district which provided the personal needs allowance. The question of whether the recipient has left the program prior to completion will be determined solely by using the guidelines and rules of the program.

(2) When a facility provides some or all or the items for which the allowance is intended through an in-kind contribution, the value thereof shall be computed and shall be applied to reduce the amount of the allowance.

(3) When a facility does not provide needed personal items including clothing and a recipient is deemed incapable of managing funds, a protective payment shall be made, if feasible; if not, the social services official shall meet such needs in kind.

(d) If necessary to retain Level 1, Level 2 or Level 3 care in a certified congregate care facility listed in paragraph (b)(4) of this section for a recipient expected to be in a medical facility for no more than 30 days, the social services district must authorize an allowance sufficient to retain such care. Such allowance must not be paid for more than 30 days.

(e) An allowance to meet the cost of board and room or care in a maternity home, family-type home, adult home, residence for adults, enriched housing program, intermediate care facility, hostel for the mentally retarded or residential facility for the mentally retarded shall be made for the entire month in which the case is accepted if essential to retain the use of the facility. An allowance may be made to pay for the cost of such care for a period prior to the month in which the case was opened, but not prior to the date of application under the following specified conditions:

(1) such payment is essential to retain the care in the facility and no other facilities are available; and

(2) the authorization for payment of such back bill receives written approval by the social services official or such other administrative officer as he may designate, provided such person is higher in authority than the supervisor who regularly approves authorization.

(f) The standard of need for determining eligibility of a single person who has applied for safety net assistance who resides in a public shelter for the homeless other than a shelter for families operated under Part 900 of this Title is the sum of the statewide monthly grant and allowance, the statewide monthly home energy payments, the statewide supplemental home energy payments and the local agency monthly shelter allowance schedule without children, as contained in section 352.3(a)(1) of this Part, each for a single person living alone. A single person who resides in a shelter for the homeless who has applied for and is found eligible for safety net assistance must be paid a monthly cash allowance of $45, reduced by any available income in accordance with section 352.29 of this Part. The remainder of said standard of need is to be met through the provision of items of need by the shelter.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 352.8

Amended New York State Register June 22, 2016/Volume XXXVIII, Issue 25, eff. 6/22/2016

Amended New York State Register December 11, 2019/Volume XLI, Issue 50, eff. 1/1/2020