N.Y. Comp. Codes R. & Regs. tit. 18 § 369.1

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

Section 369.1 - Application

(a) An application for family assistance shall be received and recorded in accordance with section 350.4 of this Title.

(b) In order to receive family assistance, a family must include a minor child who resides with a custodial parent or other adult caretaker relative of the child related to the child by blood, marriage or adoption, or a pregnant individual. The term custodial parent or other adult caretaker relative shall include the following:

(1) the child's father, mother, brother, sister, grandfather, great-grandfather, great-great- grandfather, grandmother, great-grandmother, great-great-grandmother, uncle, great-uncle, great-great-uncle, aunt, great-aunt, great-great-aunt, of whole or half blood;

(2) the child's first cousin, nephew and niece, of whole or half blood;

(3) the child's stepfather, stepmother, stepbrother, stepsister, but no other steprelative;

(4) in the case of a child who has been surrendered to an authorized agency or who has been adopted:

(i) any of the blood or steprelatives included in the preceding paragraphs of this subdivision; and

(ii) the child's adoptive parents and:

(a) the other children of the adoptive parents and the children of such children;

(b) the parents, grandparents and great-grandparents of the adoptive parents;

(c) the brothers and sisters of the adoptive parents and the children of such brothers and sisters; and

(d) the aunts, uncles, great-aunts and great-uncles of adoptive parents;

(5) the spouse of any person described in the preceding paragraphs of this subdivision, even though the marriage may have been terminated by death, divorce or annulment; and

(6) in the case of a child born out of wedlock, any relative in the maternal line included in the preceding paragraphs of this subdivision and, if paternity has been adjudicated or acknowledged in writing, any relative in the maternal and paternal lines included in the preceding paragraphs of this subdivision.

(c) [Reserved]

(d)Application as an assignment.

As used in this subdivision, public assistance shall refer to assistance received through either the family assistance or the safety net assistance program. The following provisions apply to both family assistance and safety net assistance cases.

(1) Application for or receipt of public assistance shall constitute an assignment. Effective with assignments made through September 30, 2009, as a condition of initial and continuing eligibility for public assistance, by applying for or receiving public assistance an individual assigns to the State and the social services district any rights to support the individual has on his or her own behalf and any rights to support on behalf of any household member for whom the individual has applied for or received assistance. Effective with assignments made on or after October 1, 2009, the assignment of support is limited to rights to support an individual has on his or her own behalf and any rights to support on behalf of any household member for whom the individual has applied for or received assistance which accrue during the period that the individual or any household member is in receipt of public assistance. All support collected pursuant to such an assignment shall be retained to reimburse the cumulative amount of unreimbursed assistance.

(2) In a manner prescribed by the office, applicants for or recipients of public assistance shall be informed that such application for or receipt of such benefits will constitute such an assignment.

(3) Such assignment shall terminate with respect to current support rights upon a determination by a local social services official that such person is no longer eligible for public assistance, except with respect to the amount of any unpaid support obligation that has accrued.

(e) For purposes of this Part, office refers to the Office of Temporary and Disability Assistance.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 369.1

Amended New York State Register May 4, 2016/Volume XXXVIII, Issue 18, eff. 5/4/2016