N.Y. Comp. Codes R. & Regs. tit. 18 § 395.3

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

Section 395.3 - Persons in military service-eligibility of dependents

(a) Social services districts shall provide assistance and care to the dependents of persons in the Armed Forces on the basis of presumptive or established need. Assistance and care shall be granted to such dependents for whose support members of the Armed Forces are legally or socially responsible but for whom they are unwilling to allot portions of service pay or are unwilling and/or unable to make allotments in specified amounts in order to claim quarters allowances. Such assistance shall be granted only until needed support can be obtained from legally responsible relatives in the Armed Forces and only for such amounts as are not provided by such relatives' allotments.

(1) Applicants for public assistance or care, who are the spouses and children of members of the Armed Forces, shall be referred to local chapters of the American Red Cross for financial assistance pending the first receipt of allotments or allowances, or the first determination of the member's refusal to allot payments and claim quarters allowances for their support.

(2) Recipients of public assistance and care, including the spouses and children of members of the Armed Forces, shall be granted public assistance and care during the exploration of the service person's intent in regard to allotments and pending the receipt of such payments.

(3) Public assistance and care shall be granted when necessary to supplement allotments of service pay, or in lieu of such payments when the person in service refuses to make allotments of pay or claim quarters allowances for the support of his dependents.

(4) In applying the income made available through allotments of service pay, the regular and special needs of the dependent for whom the member of the Armed Forces has allotted a specified amount in order to claim quarters allowances shall be met before any portion of this income is applied to the needs of other members of the household.

(b) In determining initial or continuing eligibility for public assistance and care, full utilization shall be made of correspondence and documents which the dependents of the service person are able to furnish in verification of the receipt or nonreceipt of allotments-of-pay and quarters allowances or of the attitude of the service person in regard to such provision.

(1) Referral of dependents shall be made when necessary to agencies established to provide services to members of the Armed Forces, veterans and their dependents for help in completing affidavits and other documents which may be required for the claiming of dependents allotments and allowances.

(2) Information in regard to the needs of dependents and the amount of public assistance or care which they are receiving shall be made available to such agencies in order to substantiate claims of dependency.

(3) Local social services departments shall communicate directly with the dependency divisions administering allotments-of-pay and quarters allowances, or with commanding officers, when necessary to substantiate the claims of dependents or to validate the fact that public assistance is required for their support. Such direct correspondence shall be initiated after review of the evidence of refusal to provide support through allotments of pay and/or after consultation of the agencies to whom dependents may have been referred for help in filing claims of dependency.

(c) The determination of relationship made by the dependency divisions of the armed services administering allotments-of-pay and quarters allowances may be accepted by social services districts but solely for the purpose of establishing eligibility for categories of public assistance where marital status is a factor or where proof of relationship to the service person may be required, as in family assistance and veteran assistance.

(1) The acceptance of such determination for the purpose of establishing eligibility for public assistance shall not be construed as an adjudication of other legal rights of the persons concerned in such applications.

(2) The acceptance of such adjudications shall not prevent review and reconsideration of particular situations on the basis on the submission of additional data.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 395.3