N.Y. Comp. Codes R. & Regs. Tit. 18 §§ 398-4.5

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

Section 398-4.5 - New York State living arrangements

When the SSP recipient receives both SSP and SNAP benefits, and there is an observed discrepancy between the state living arrangement information reported to SSP by the recipient and that information contained in the recipient's SNAP case record, the information with regard to household composition in the SNAP case record will be used to determine the state living arrangement for SSP purposes.

The five categories of State living arrangements are:

(a)Living alone.Living alone means living in a private household composed of one SSP-eligible individual or one SSP- eligible couple.

(1) An individual or couple is considered to be living alone, if the individual or couple:

(i) rents a room in an apartment or a private home, but pays a flat fee and takes the majority of their meals during the month outside the dwelling unit or prepares the majority of their meals during the month separately;

(ii) pays a fixed, pre-established flat fee for both room and board in a commercial establishment which meets no other SSP living arrangement criteria (e.g., not licensed as a congregate care facility and not a public emergency shelter);

(iii) lives with others, but takes the majority of their meals during the month outside the dwelling;

(iv) lives with others, but separately prepares, or has someone separately prepare, the majority of their meals during the month;

(v) receives a fixed, pre-established flat fee for room and board from all others in the dwelling;

(vi) lives with only a foster child;

(vii) lives with only a homemaker authorized by a social services district (district);

(viii) lives with only a family care resident placed by: the New York State Office of Mental Health (OMH), the New York State Office for Persons with Developmental Disabilities (OPWDD), or a district;

(ix) lives with only an aide paid for under the Medical Assistance program; or

(x) has no permanent living arrangement (e.g., a transient person or homeless person) and is not living with an ineligible spouse or a minor child for whom they have primary responsibility.

(2) An individual or couple is not considered to be living alone if:

(i) the individual lives with an ineligible spouse;

(ii) the individual or couple lives with a minor child for whom they have primary responsibility (unless the minor child is a foster child);

(iii) the individual is a minor child; or

(iv) the individual or couple resides in a dwelling with others and prepares food in common with at least one other person in the dwelling.

(b)Living with others.Living with others means living in a private household composed of an eligible individual or couple and at least one other person. It includes a person who:

(1) resides in a dwelling with others and prepares food in common with at least one other person in the dwelling. An individual or couple which meets one of the following requirements is considered to be living with others:

(i) an individual living with an ineligible spouse, despite the separate preparation of food; or

(ii) an individual or couple living with a minor child for whom he or she has primary responsibility (unless the minor child is a foster child).

(2) is a minor child who is not living in a congregate care facility.

(3) is a minor child living in a congregate care level III facility.

(4) is living in a religious community and room and/or board is provided in full or in part by the religious community.

(5) has no permanent living arrangement (i.e., transient person or homeless person), but is with an ineligible spouse or minor child for whom they have primary responsibility.

(6) is categorized by the SSA as Living in the Household of Another for purposes of SSI benefits.

(c)Congregate care level I.Congregate care level I benefits are provided to persons receiving family care in a family type home for adults which is certified by the New York State Office of Children and Family Services (OCFS) and supervised by a district in accordance with applicable provisions of law and regulations, or a family care home certified by OMH in accordance with applicable provisions of law and regulations. An individual or couple is receiving family care if he, she or they have been placed in a family type home certified by OCFS and supervised by a district. A minor child is receiving family care if placed in a family type home by OMH or OPWDD, or by their parents.

(d)Congregate care level II.Congregate care level II benefits are provided to persons receiving residential care in a residence for adults or in a privately operated community residence, residential substance abuse treatment program or a community residential facility for alcoholism, certified by the appropriate Office of the Department of Mental Hygiene or a residential care center for adults certified by OMH in accordance with applicable law and regulations. For purposes of this subdivision, a person receiving care in an intermediate care facility certified by the appropriate office of the New York State Department of Mental Health or receiving respite services shall not be deemed to be receiving residential care. A minor child can receive congregate care level II SSP benefits only if the minor child is residing in and receiving residential care in a facility certified by OMH, OPWDD, or the New York State Office of Addiction Services and Supports (OASAS). After the month of entry into a congregate care level II facility that is classified as an institution for purposes of federal SSI benefits, couples are treated as consisting of two individuals, since couple status can exist only in households, not institutions.

(e)Congregate care level III.Congregate care level III benefits are provided to persons receiving enhanced residential care in a privately operated school for the mentally retarded and developmentally disabled which is certified by OPWDD in accordance with the applicable provisions of law and regulations or an adult home or enriched housing program certified by the New York State Department of Health (DOH) in accordance with applicable law, rules and regulations to the extent permitted by federal law, rules and regulations. Enhanced residential care facilities include: adult homes and enriched housing programs certified by the DOH or schools for the mentally retarded certified by OPWDD. A minor child residing in a congregate care level III facility is considered to be living with others. After the month of entry into a congregate care level III facility that is classified as an institution for purposes of federal SSI benefits, couples are treated as consisting of two individuals, since couple status can exist only in households, not institutions.

N.Y. Comp. Codes R. & Regs. Tit. 18 §§ 398-4.5

Adopted by New York State Register September 24, 2014/Volume XXXVI, Issue 38, eff. 10/1/2014.

Amended New York State Register January 13, 2021/Volume XLIII, Issue 02, eff. 1/13/2021