N.Y. Comp. Codes R. & Regs. tit. 18 § 369.5

Current through Register Vol. 46, No. 45, November 2, 2024

Section 369.5 - Determination of category

(a) Full utilization of Federal categorical assistance. Family assistance shall be granted to persons eligible or presumptively eligible therefor in compliance with office regulations.

(b) Utilization of Federal Supplemental Security Income program (SSI).

(1) Individuals who apply for or are receiving FA and who appear to be eligible for SSI benefits must, as a condition of eligibility for FA, apply for and cooperate with all requirements set forth by the Social Security Administration for making a determination of that individual's eligibility for SSI. If an applicant or recipient refuses to cooperate in applying for SSI benefits for himself or herself or for a member of the FA household, his or her needs shall be eliminated from the budget.

(2) When the only remaining child in an FA household becomes eligible for SSI benefits, the needs of the dependent relative, if otherwise eligible, shall be provided as FA until the child would no longer be FA-eligible.

(3) When an individual in the FA household becomes eligible to receive SSI benefits, and no FA-eligible individual remains in the household, FA assistance shall not be provided.

(c) Utilization of FA category for pregnant women. Family assistance shall be granted to a needy pregnant woman whose pregnancy has been medically verified, provided that the woman would have been eligible for FA if such child had been born and was living with her.

(d) Ineligibility for FA benefits.

(1) No family shall be categorically eligible for FA for any month in which the caretaker relative with whom the child is living is, on the last day of such month, participating in a strike.

(2) If an FA recipient, other than a caretaker relative, is participating in a strike on the last day of a month, such individual shall be ineligible for FA benefits for such month.

(3) For the purposes of this subdivision, striker shall mean the term striker as defined by the National Labor Relations Board (29 U.S.C. 142 [2]).

(4) For the purposes of this subdivision, the term participating in a strike means concerted cooperation and support for a strike action.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 369.5