N.Y. Comp. Codes R. & Regs. tit. 18 § 387.2

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

Section 387.2 - Responsibilities of local department

In order to assist needy families and individuals to obtain SNAP benefits, each social services district shall:

(a) certify eligible families and individuals; receive, store and issue food stamp coupons, either directly, or with the approval of the department, through a banking institution or other issuing agency;

(b) continue ongoing efforts to inform low-income individuals and family households, with due regard to ethnic and disadvantaged groups, of the availability and benefits of the program; encourage the participation of all eligible households through services provided by federally funded organizations as well as other organizations;

(c) insure that food stamps provided to any eligible household shall not be considered as income or resources for any purpose under any Federal, State or local laws, including but not limited to laws relating to taxation, welfare and public assistance programs;

(d) not terminate or reduce a public assistance grant, or deny application for public assistance or care or otherwise adversely affect a family's or an individual's eligibility for public assistance or care, on the grounds that the recipient or applicant is receiving or is eligible to receive food stamp coupons, or fails to apply for or to utilize food stamp coupons;

(e) have applications readily available for potentially eligible households and provide an application to anyone requesting one;

(f) undertake the certification of applicant households in accordance with the standards used by the department in the certification of applicants for benefits under the federally aided public assistance programs;

(g) identify households eligible for expedited service;

(h) provide each applicant for public assistance, medical assistance or family and children's services with the pamphlet(s) explaining the food stamp program and provide them with the opportunity to apply for food stamps;

(i) provide each nonpublic assistance applicant for the food stamp program (excluding recipients of supplemental security income) with a pamphlet explaining the program and provide them with opportunity to apply for food stamps;

(j) restrict the use or disclosure of information obtained from applicant households to persons directly connected with the administration and enforcement of the food stamp program, other Federal assistance programs, and federally assisted State programs providing assistance on a means-tested basis to low-income households. Notwithstanding any other provision of law, the address, social security number, and if available, photograph of any member of a household must be made available, on request, to any Federal, State, or local law enforcement officer if the officer furnishes the social services district with the name of the member and notifies the social services district that:

(1) the member:

(i) is fleeing to avoid prosecution, or custody or confinement after conviction, for a crime or an attempt to commit a crime, that, under the law of the place the member is fleeing, is a felony or, in the case of the State of New Jersey, a high misdemeanor;

(ii) is violating a condition or probation or parole imposed under Federal or State law; or

(iii) has information that is necessary for the officer to conduct an official duty related to subparagraph (i) of this paragraph;

(2) locating or apprehending the member is an official duty; and

(3) the request is being made in the proper exercise of an official duty;

(k) keep such records and other information as may be required by the department, and insure that records will be available for review or audit by the United States Department of Agriculture or the department for a period of six years from the month of origin of each such record;

(l) maintain certification folders on applicants and/or recipients of food stamps. Certification folders shall contain:

(1) applications for certification or recertification;

(2) worksheets used in the computation of income for eligibility;

(3) documentation of eligibility. Such documentation shall include the method of verification used in determining eligibility;

(4) copies of forms sent to the issuance unit to authorize or change participation and/or which serve as the basis of issuance;

(5) copies of notices sent to the household and any responses to those notices; and

(6) copies of documents reflecting actions related to the fair hearing process;

(m) establish an organizational structure which divides the responsibility for eligibility determination, food stamp benefit registration, registration for a personal identification number (PIN) and registration of a common benefit identification card (CBIC) among the certification unit, data management unit, data entry unit and issuance monitoring unit so as to prevent the unauthorized creation or modification of case records. The registration of a CBIC and a PIN for the same case cannot be performed by the same individual;

(n) submit statistics, reports and other information (including information pertaining to the work registration program) as may be required by the department. Such reports shall be submitted within the time frames established by the department;

(o) approve and issue benefits or deny applications for public assistance (PA) and non-public assistance (NPA) applicants within 30 days of receipt of an identifiable application. For residents of public institutions who apply jointly for Supplemental Security Income and food stamps as part of the Federal Social Security Administration's Pre-release Program for the Institutionalized, social services districts must approve and issue food stamp benefits or deny applications for food stamps within 30 days from the date of release of the applicant from the institution. An identifiable application is one which contains a legible name and address of the applicant or authorized representative;

(p) undertake the timely and accurate issuance of benefits to certified households. Households comprised of elderly or disabled members who have difficulty reaching an issuance office to obtain their benefits, and households which do not reside in a permanent dwelling or at a fixed mailing address, will be given assistance in obtaining their benefits;

(q) afford every applicant and participating household an opportunity for a fair hearing in accordance with the policies and procedures of the department as set forth in Part 358 of this Title;

(r) insure that the food stamp program shall in all respects be administered without discrimination because of race, religious creed, political beliefs, national origin, age or sex;

(s) prominently display in all local food stamp and public assistance certification sites posters and pamphlets provided by the department regarding:

(1) foods with substantial nutritional values and menus making use of these foods;

(2) the relationship between health and diet;

(3) an explanation of the Special Supplemental Food Program for Women, Infants and Children (WIC) and, where applicable, the Commodity Supplemental Food Program; and

(4) application processing standards and the right to file an application on the day of initial contact with a local department concerning food stamp benefits;

(t) inform all food stamp applicants and recipients of their program rights and responsibilities. Where appropriate, such information shall be provided in languages other than English;

(u) provide the household, at the time of each certification and recertification, with a toll-free or local telephone number, or a telephone number at which collect calls will be accepted, so that the household may reach an appropriate representative of the social services district.

(v) process cases in accordance with the policies and procedures of the department when a participating household received an overissuance of coupons;

(w) issue restored benefits in cases where a household has not received its coupon allotment because of an administrative error on the part of operating personnel, in accordance with policies and procedures of the department; and

(x) during an emergency or disaster and when authorized by the Secretary of Agriculture, certify households in accordance with instructions issued by the Food and Nutrition Service of the United States Department of Agriculture (FNS);

(y) provide eligible households with:

(1) a payment access card and all authorizing materials necessary to obtain SNAP benefits;

(2) a personal identification number (PIN) when it is necessary to have such a code to access benefits;

(3) information regarding benefit issuance locations;

(4) information, which must include, but is not limited to, materials specifically designated by the department explaining how to use the social services district's benefit issuance system;

(5) client education and training that instructs participant households how to obtain benefits through the social services district's benefit issuance system; and

(6) information about the time period during which the household's benefits will be available on the benefit issuance system and the consequences of failing to access the benefit within that timeframe.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 387.2

Amended New York State Register June 9, 2021/Volume XLIII, Issue 23, eff. 6/9/2021