N.Y. Comp. Codes R. & Regs. tit. 18 § 397.10

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

Section 397.10 - Grants of assistance for guide dogs

(a) Definitions.

(1) Grants of assistance for guide dogs (GAGD) means grants of assistance to blind, deaf or disabled individuals who maintain guide, hearing or service dogs and who have been determined to be eligible for or are receiving Federal supplemental security income benefits and/or additional State payments. The grants are for the purchase of food for such guide, hearing or service dogs.

(2) Application means an action by which a person indicates, in writing on a form prescribed by the department, his desire to receive GAGD.

(b) Factors of eligibility. In order to be eligible for GAGD, an applicant shall:

(1) reside in New York State;

(2) be eligible for or in receipt of SSI benefits or additional State payments;

(3) be blind, deaf or disabled;

(4) maintain a guide, hearing or service dog; and

(5) not have earned income exempted for maintenance of a guide, hearing or service dog pursuant to Federal law or regulation.

(c) Determination of eligibility.

(1) The social services official shall determine each applicant's eligibility for GAGD on the basis of a completed application and verification of the circumstances of the applicant.

(2) The verification shall include documentation of the facts alleged in the application, including:

(i) the applicant's eligibility for SSI or additional State payments;

(ii) blindness, deafness or disabling condition;

(iii) maintenance of a guide, hearing or service dog; and

(iv) lack of earned income exempted for maintenance of a guide, hearing or service dog pursuant to Federal law or regulation.

(3) Eligibility shall be determined on the basis of a completed application; a face-to-face interview shall not be required of applicants for GAGD.

(d) Granting of GAGD. A grant must be issued in the amount of a $35 monthly cash payment to eligible individuals.

(e) Records and reports. Each social services official shall maintain case records and report claiming and caseload information as requested by the department to insure compliance with this Part.

(f) Authorization. A State-prescribed authorization form must be marked GAGD to identify it as grants of assistance for guide, hearing and service dogs. Such authorization must not exceed the amount permitted by this Part.

(g) Recertification.

(1) All factors of eligibility under subdivision (b) of this section shall be reevaluated and verified not less frequently than every six months.

(2) The GAGD application and recertification form shall be used for recertification.

(3) Recertification shall be done by mail. A face-to-face recertification shall not be required.

(4) Recipients shall be required to report changes of circumstances between recertifications.

(h) Reimbursement. Expenditures properly made by social services districts under this section, including costs of administration, shall be reimbursed by the State in an amount equal to 100 percent of such expenditures.

(i) Notification and fair hearing. The social services official shall inform each applicant for GAGD of the determination made by the social services district. An applicant for GAGD shall be informed of his right to appeal to the department and request a fair hearing when his application is denied.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 397.10