Opinion
June 26, 1995
Appeal from the Supreme Court, Nassau County (Segal, J.).
Ordered that the judgment is affirmed, without costs or disbursements.
The petitioner challenges the respondent Nassau County Department of Social Services' recoupment of a child visitation allowance that was paid to her while her application for Federal Supplemental Security Income (hereinafter SSI) benefits was pending.
For purposes of interpreting the State's Social Services Law, State law rather than Federal law controls (see, Matter of Kreslein v. Perales, 152 Misc.2d 969, affd 204 A.D.2d 942). Pursuant to the State regulations governing Home Relief, an allowance for a household member who returns home for a visit is permitted (see, 18 NYCRR 352.29 [f]). Accordingly, child visitation allowances are a component of Home Relief, and all Home Relief benefits that are paid to a recipient of public assistance while her application for SSI benefits is pending are subject to recoupment as interim assistance pursuant to 18 NYCRR 353.2 (a) (1) (see, Matter of Kreslein v. Perales, supra; Social Services Law § 158 [a]; 18 N.Y.CRR former 370.7 [a] [4]; [c] [3]; 18 N.Y.CRR part 353). Thus, the determination of the Commissioner of the New York State Department of Social Services upholding recoupment of the child visitation allowance that was paid to the petitioner in this case is both rational and in accordance with the applicable statutes and regulations (see, Matter of Howard v Wyman, 28 N.Y.2d 434, 438; Matter of Goodwin v. Perales, 120 A.D.2d 527). Pizzuto, J.P., Hart, Friedmann and Florio, JJ., concur.