N.Y. Comp. Codes R. & Regs. Tit. 18 §§ 398-8.1

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

Section 398-8.1 - Notice

(a) The Office will issue a notice of action advising recipients of SSP benefits or SSPNA of any action that the Office intends to take or has taken on their SSP or SSPNA case.

(b) A timely and adequate notice of action will be provided, except that only an adequate notice will be issued in the following circumstances:

(1) the Office has received reliable information reporting the death of a recipient;

(2) the Office has received an unequivocal, written statement signed by the recipient or their designated representative that requires the Office to discontinue or reduce the SSP benefit or SSPNA and the recipient has indicated in the statement that he or she understands that such action will be taken as a consequence of the action reported;

(3) the Office has received reliable information that the recipient has been committed to an institution or prison which renders the recipient ineligible for SSP benefits or SSPNA;

(4) the recipient's current residence is unknown to the Office and mail addressed to the recipient's last known address has been returned by the U.S. Postal Service with an indication that there is no known forwarding address;

(5) the recipient has been placed in a Medicaid institution certified under title XIX of the Social Security Act (United States Code Annotated, title 42, sections 1396-1396w-5; Thomson West, West Headquarters, 610 Opperman Drive, Eagan, MN 55123. An electronic location for the United States Code, title 42, sections 1381-1383f is available from the Office of the Law Revision Counsel, United States House of Representatives, H2-308 Ford House Office Building, Washington, DC 20515 at http://uscode.house.gov/view.xhtml?path=/prelim@title42/chapter7/subchapter19&edition=prelim. Copies may be obtained from the Office of Temporary and Disability Assistance, Public Information Office, 40 North Pearl Street, Albany, NY 12243-0001);

(6) The Office has determined that an individual or couple is eligible for SSP benefits or SSPNA;

(7) The Office has increased the amount of the recipient's SSP benefits or SSPNA; or

(8) The Office has changed an item used to calculate the amount of SSP benefits or SSPNA, the method of payment, or information in the case record, but the amount of SSP benefits or SSPNA has not changed.

N.Y. Comp. Codes R. & Regs. Tit. 18 §§ 398-8.1

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