N.Y. Comp. Codes R. & Regs. tit. 18 § 369.3

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

Section 369.3 - Determination of grant and its payment

(a)Designation of grantee.

A grantee is a parent or other specified eligible relative to whom an FA grant is made for the benefit of a child or minor in one of the following living situations:

(1) Child living with one or both parents.

(i) When a child or minor is living with one parent, that parent is the grantee.

(ii) When a child or minor is living with both parents, either parent may be designated the grantee.

(2) Children living with other relatives.

(i) If the relative who is the grantee is without adequate means of support, is not in receipt of SSI and applies for public assistance, his or her needs must be included in the family assistance grant. The spouse of such relative may not be included in the grant or recipient count.

(ii) When a dependent child who is receiving foster care maintenance payments is living with a relative within the degree specified in section 369.1(b) of this Part, the presence of the"needy" child in the relative's home qualifies the relative for family assistance benefits for his or her own needs. The needs and income of the child who receives foster care maintenance payments cannot be considered in determining the amount of the assistance payments. A child whose presence in the home qualifies the applying foster parent for family assistance cannot also be considered a temporarily absent member of the home from which he or she was placed.

(3) Children of different parentage.

(i) If children of different parentage are living with the same eligible relative, a single grant shall be issued to meet the needs of all children in the household receiving FA.

(ii) If two or more dependent children live with two persons who are not married to each other:

(a) If one person is the parent of all the dependent children, that person may be the grantee for all the children.

(b) If neither person is the parent of all the children, and each is an eligible relative of some of the children, a separate family assistance grant shall be issued to each grantee.

(4) Grants to minors. Unless required to comply with the requirements specified in section 369.2(i) of this Part, a minor 16 years of age or over may be designated as grantee on behalf of his or her own child or of his or her younger brothers and sisters; a child under 16 years of age cannot be designated the grantee. When pregnancy is verified, a minor 16 years of age or over may be designated as grantee of FA on her own behalf.

(i) When a dependent minor or child in receipt of family assistance becomes the parent of a child and remains in the same household:

(a) The minor parent and the infant must be included in the family assistance grant which includes parents, siblings and/or half-siblings of the minor parent.

(b) The minor parent who is at least 16 years of age but has not reached the age limits specified in section 369.2(c) of this Part and who has no siblings or half-siblings eligible for family assistance may have the parent's needs and the needs of the infant who is eligible for family assistance included in the active family assistance case or the minor parent may be the grantee with his or her own case.

(ii) When a child or minor in receipt of safety net assistance (SNA) becomes the parent of a child and remains in the same household:

(a) If the minor parent is under 16, he or she may not be designated the family assistance grantee. If there is an eligible adult relative residing in the same household, he or she must be designated the family assistance grantee. The needs of such relative, if dependent, and those of the minor parent and the infant must be met through family assistance.

(b) If the minor parent of the child is at least 16 years of age but has not reached the age limits specified in section 369.2(c) of this Part, his or her needs and those of his or her infant must be met through family assistance. The minor parent may be designated the FA grantee or another eligible relative in the household may be designated the grantee.

(b)Change of grantee.

(1) When a child or minor has been living with one parent and it becomes necessary for the child to move permanently to the home of the other parent or to the home of an eligible adult relative, or from the home of one eligible relative to that of another eligible adult relative, a new application shall be required and the other parent or eligible adult relative designated as grantee, provided the other conditions of eligibility are met. The former case shall be statistically closed and a new case opened.

(2) When a grantee is temporarily absent from the home and when another eligible adult relative cares for the child either in the same or in a different home, the grant may be continued with such eligible adult relative designated as grantee, provided the other conditions of eligibility are met. If the temporary change of grantee becomes permanent, a new application shall be required.

(c)Persons included in the grant.

(1) To be included in the grant, persons in the household must correspond with the standards of section 352.30 of this Title, or qualify as a family assistance (FA) essential person, as specified in paragraph (2) of this subdivision.

(2) Family assistance (FA) essential person. The grant made to an applicant for or recipient of FA shall include the needs of any other individual living in the same home if such needs are taken into account in determining the need of the FA child or relative, provided that such individual has applied for and is eligible to receive public assistance and the individual's presence is essential to the applicant's or recipient's well-being. Such individual is presumed to be an FA essential person unless the head of the household states otherwise.

(d)Continuation of grant after child or minor becomes ineligible.

(1) The FA grant may be continued for one calendar month after the month in which the child or minor becomes ineligible when:

(i) the effects of a condition of eligibility are being overcome;

(ii) need continues; and

(iii) ineligibility of the child or minor for FA results from one of the following changes in circumstances:

(a) no eligible grantee is available, except that foster care may not be provided through such grant; or

(b) minor 18 years of age or older leaves school.

(2) The grant may not be continued after the child or minor becomes ineligible, if:

(i) need does not continue; or

(ii) the case is found to have been originally ineligible; or

(iii) ineligibility of the child for FA results from one of the following circumstances:

(a) minor reaches age of 18 and is not a full-time student in a secondary school, or in the equivalent level of vocational or technical training;

(b) minor who has been attending school reaches age of 19;

(c) family moves out of the State; or

(d) child or minor is admitted to foster care or to an institution other than for care in a hospital.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 369.3