N.Y. Comp. Codes R. & Regs. tit. 18 § 369.4

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

Section 369.4 - Determination of continuing eligibility

Continuing eligibility for FA shall be determined in accordance with the policies and procedures generally applicable in public assistance. Personal contacts and redeterminations of eligibility shall be made in accordance with office regulations, Part 351 of this Title. This redetermination shall include reconsideration of all variable factors, including financial need of child and parent or other relative, welfare of child or minor, living with a parent or other relative, the employment status of employable individuals, and the 60- month durational limit applicable to the FA program.

(a) Financial need. There shall be a reevaluation of all needs and resources of the child and parents or other relative in accordance with approved standards of assistance. Extent of need shall be determined in accordance with agency policy for the family group each time a member of it is out of the home temporarily. The part of the grant which is necessary to retain the child's home shall be provided.

(b) Reconsideration of the welfare of the child. As part of the periodic redetermination of eligibility, there shall be a reevaluation of the welfare of the child. Where there is concern for a child's welfare, referral shall be made to children's services for assessment of the child's home situation.

(c) Living with a parent or other relative.

(1) Except as provided in section 369.3(a)(2)(ii) of this Part, temporary absence from the home or from the district of a child, a grantee, or both, shall not affect a previous determination that the child is living with an eligible relative when it is determined that the parent or relative retains full responsibility for control of the child and the absence cannot be interpreted as a change in the child's home.

(2) When the absence of the child from the home extends for a consecutive period of 45 days or more, or when the parent or caretaker relative expects the absence of the child to extend for a consecutive period of 45 days or more, the provisions for establishing good cause for the absence shall apply pursuant to section 351.2(k) of this Title.

(d) Family assistance durational time limit.

(1) General rule. Family assistance may not be granted to a family that includes an adult who has received a cumulative total of 60 months of assistance, whether or not such months are consecutive, from any combination of the following sources:

(i) assistance funded under the Federal temporary assistance to needy families (TANF) block grant in New York State since December 2, 1996, including assistance under the former ADC program; and/or

(ii) non-TANF-funded assistance in cash through the safety net assistance (SNA) program after August 4, 1997.

(2) Individual time limit status. Each regular contact with the family shall include an evaluation of the individual time limit status of each family member who is included in the calculation of the grant for the family, or who would be included in the grant calculation except for a sanction, and who meets one of the following criteria:

(i) the individual is 19 years of age or older; or

(ii) the individual has reached age 18 but is not yet 19 and is not a student completing a secondary education or its equivalent; or

(iii) the individual is not yet 19 and is the head of the household, or is the spouse of the head of the household, regardless of the individual's student status; or

(iv) the individual is under 18 years old and is a minor parent residing in an adult- supervised living arrangement, and is the direct payee of the assistance grant.

The time limit status of each such individual shall be determined by a review of the history of TANF-funded assistance and any non-TANF-funded SNA cash assistance provided to such individual to determine the cumulative number of months that must be counted towards the FA durational limit of 60 months for that individual.

(3) Time limit months defined. A "month" shall be counted toward the durational limit of 60 months for each calendar month in which the adult individual was a member of a family to which TANF-funded assistance or non-TANF-funded SNA cash assistance was issued during the calendar month. A month shall not be counted toward the durational limit for an individual who is a member of a family for whom no benefits are issued during the month, with the exception of the situation in which no payment is made for the family because a recoupment is being taken which reduces the grant to zero, and no other payment is made in the month. A month shall not be counted for an individual who is a member of a household for which non-cash only SNA benefits were issued, provided that these SNA benefits were not TANF-funded.

(4) Previous assistance received outside New York State. When it is determined that an individual in a FA family has received TANF-funded assistance in another state while the individual was an adult or minor head of household or spouse of the head of household, as specified in paragraph (2) of this subdivision, a determination shall be made as to the number of months of assistance from the other state that shall count toward the individual time limit of 60 months.

(5) Sixty-month limit. Eligibility of the family for FA shall not continue beyond the calendar month in which any such individual as specified in paragraph (1) of this subdivision has received TANF-funded assistance or non-TANF SNA cash assistance for a total of 60 months, whether or not these months are consecutive.

(6) Authorization under the time limit. Based upon the determination of the time limit status of each individual in the FA family, continuing assistance shall not be authorized beyond the calendar month in which any such individual will reach the total of 60 months of TANF-funded assistance or non-TANF SNA cash assistance, whether or not these months are consecutive.

(7) Exemption to application of time limit. The district shall exempt a family from the application of the 60-month limit on FA and federally participating safety net assistance on the basis of hardship. A hardship exists when the adult family member is unable to work because of an independently verified physical or mental impairment that:

(i) causes incapacity for a period of more than six months (including those caused by alcohol or substance abuse);

(ii) is the result of domestic violence and is anticipated to last three months or more;

(iii) has happened to a child as the result of domestic violence and the adult family member is needed in the home to care for the child;

(iv) has happened to another household member and is so severe that the adult family member is needed in the home to provide full-time care; or

(v) qualifies the adult family member for, and such member is awaiting receipt of or is in receipt of, supplemental security income payments under title XVI of the Federal Social Security Act or additional State payments under section 209 of the Social Services Law.

(e) Employment referral status. Continuing eligibility for family assistance for each parent or caretaker relative shall be dependent on the individual's compliance with the requirements as set forth in applicable Department of Labor regulations.

(f) Continued school attendance. Attendance in high school or the equivalent level of vocational or technical training of an 18 year old child shall be confirmed at each regular contact with the family. If such a child fails to resume attendance at the next regular term following vacation, the child shall be considered ineligible for family assistance.

(g) Change of residence or absence from the district of administration. When a recipient leaves the district of administration, the agency shall determine if such absence is temporary, a continuing responsibility of the district of administration, or permanent change of residence.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 369.4