Temporary Assistance Source Book - Office of Temporary and

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Temporary Assistance Source Book Employment and Income Support Programs

TASB 06/27/2016

TABLE OF CONTENTS

TABLE OF CONTENTS CHAPTER 1: FORWARD A. General Introduction B. Acronym/Terminology Listing CHAPTER 2: OVERVIEW OF TEMPORARY ASSISTANCE PROGRAMS A. B. C. D. E. F.

Introduction Family Assistance Emergency Assistance to Families (EAF) Safety Net Assistance (SNA) Supplemental Security Income (SSI) Emergency Assistance for Adults (EAA) Reference Section

CHAPTER 3: APPLICATION PROCESSING A. B. C. D. E. F. G. H. I.

Definitions Right to Apply Date of Application Applicant Interview Required Use of State-Prescribed Application Forms When State-Prescribed Application is NOT Required Required Application Signatures Eligibility Documents for TA-MA-SNAP Non-Parent Caregiver Cases Reference Section

CHAPTER 4: RECIPIENT/APPLICANT RIGHTS A. B. C. D. E. F. G. H. I. J. K. L. M. N.

Inquiries and Complaints: Definitions Inquiries and Complaints: Handling Fair Hearing Definitions Right to a Fair Hearing Priority Hearings Appellant Rights Requests for a Fair Hearing Aid Continuing Examination of Case Record Authorization of Representative Local District Responsibilities Office Responsibilities Decision and Compliance Agency Conferences

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O. P. Q. R. S. T.

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Civil Rights ADA Access by Persons with Physical and/or Mental Disabilities Access by Persons with LEP Constitutional Rights Confidentiality and Disclosure of Information Professional Standards for Dealing with Applicants/Residents Reference Section

CHAPTER 5: INITIAL ELIGIBILITY A. B. C. D. E. F. G. H. I. J. K. L. M. N.

Investigation Front End Detection System (FEDS) Responsibility for Furnishing Information Sources of Information Verification Computer Matches Supervisory Review and Approval Acceptance/Denial or Termination of Initial Eligibility Responsibility for Prompt Determinations Immediate Needs Photo Identification Cards Notification Case Record Social Security Number Requirement Reference Section

CHAPTER 6: CONTINUING ELIGIBILITY A. B. C. D.

Definition: Recertification Required Contacts and Investigation Actions Based on Required Contacts Disqualification for Intentional Program Violation Reference Section

CHAPTER 7: TEMPORARY ASSISTANCE EMPLOYMENT/PARTICIPATION REQUIREMENTS CHAPTER 8: NOTICE OF AGENCY DECISION A. B. C. D. E. F. G.

Definitions Adequate Notice Mass Changes Notice of Action Exceptions to Timely Notice Requirements Factors Common to all Notices Combined Manual Notices

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H. I. J. K. L. M. N. O.

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Manual Notices Used at Application Manual Notices Used at Recertification Manual Notices Used to Advise a TA Recipient of Changes to Eligibility (T & A) Manual Notices Used for Intent to Change TA Benefits (A) Other Manual Notices TA Only Manual Notices ABEL Budget Narratives for Manual Notice Only Transfers, Reclassifications & Withdrawal Reference Section

CHAPTER 9: FAMILY ASSISTANCE A. B. C. D. E. F. G. H. I. J. K. L. M. N. O. P. Q. R. S. T. U.

Definitions Applications for FA Applications as an Assignment Determination of Initial Eligibility Financial Need Age Welfare of Child or Minor Residence Within State Living Arrangements Relationship of Child to Relative Time Limits Pregnancy Grantee Change of Grantee Utilizing Federal Categories of Assistance Utilizing the FA Essential Person Category WMS for Essential Person Instructions Determination of Continuing Eligibility Compliance with Child Support Enforcement Program Participation in a Strike Individual Development Accounts (IDAS) Reference Section

CHAPTER 10: SAFETY NET ASSISTANCE (SNA) A. B. C. D. E. F. G. H. I. J. K.

General Persons Eligible for SNA Persons Not Eligible for SNA Financial Requirements General Requirements Non-Financial Requirements Determination of Continuing Eligibility Determination and Payment of the SNA Emergency SNA and Short-Term SNA Supplemental Safety Net Assistance Treatment of SSI In-Kind Income

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L. M. N. O. P. Q. R.

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Interim Assistance to SSI Applicants Presumptive SSI Payments SSI Application Protective Filing Date SSI Alien Deeming Period National Case Correction SNA Inter-Jurisdictional Disputes Veteran Assistance Reference Section

CHAPTER 11: EMERGENCY ASSISTANCE TO NEEDY FAMILIES (EAF) A. B. C. D. E. F. G. H. I. J. K. L.

Definition Application Eligibility Loss or Theft of Grant Check Loss or Theft of Cash Loss of Theft of Electronic Benefits Sanctioned Persons Scope/Limitation Shelter Arrears and EAF Authorization - EAF Decisions Fair Hearings Reference Section

CHAPTER 12: EMERGENCY ASSISTANCE TO ADULTS (EAA) A. B. C. D. E. F. G. H.

Definitions Application Determination of Eligibility Granting of EAA Fair Hearings Authorization Indicators of Possible Mental or Physical Health Problems Grants of Assistance for Guide Dogs Reference Section

CHAPTER 13: CALCULATING THE GRANT A. B. C. D. E. F. G. H.

The Budgetary Method Determining the Amount of the Grant Use of the Budget Worksheet Filing Unit - Persons Included in the TA Household Failure to Comply with Filing Unit Requirements Co-Op Cases Special Cases Special Instructions

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I. J. K. L. M.

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Federal Reporting Requirements Allen Budgeting “Three Generation Household” Budgeting Children Visiting Temporary Assistance Households Not Having Legal Custody Persons not Included in the TA Household or Case Count Reference Section

CHAPTER 14: STANDARD OF NEED A. General B. Statewide Standard of Monthly Need Reference Section CHAPTER 15: ENERGY ASSISTANCE/SERVICES A. Energy Assistance/Services Reference Section CHAPTER 16: ADDITIONAL/SPECIAL NEEDS A. B. C. D. E. F. G. H. I. J. K. L. M. N. O.

Establishment of a Home Replacement of Furniture or Clothing Equipment Repairs Chattel Mortgage-Conditional Sales Contract Supplemental Jobs Allowance Storage of Furniture & Personal Belongings Camp Fees Restaurant Allowances Home Delivered Meals Burial Costs for Indigent Deceased Persons Burial of Deceased FA Related Individuals Budgeting TA Allowances Removal of an Individual to Other States or Countries Hospitalization of Children After Medically Ready For Discharge Brokers or Finders Fees, Household Moving Expenses and Security Deposit Reference Section

CHAPTER 17: SHELTER A. B. C. D.

Security Deposits Shelter Costs for Applicant/Recipient (Client) Owned Property Welfare of Temporary Assistance Recipients Assistance & Allowances for Persons Not Living in Their Own Homes (Care & Maintenance) E. Personal Needs Allowance for Persons Not Living in Their Own Homes Reference Section

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CHAPTER 18: BUDGETING OF INCOME A. B. C. D. E. F. G. H. I. J. K. L. M. N. O. P. Q. R. S. T. U. V. W. X. Y.

Verification of Income Limitations on Gross Income Computation of the Standard of Need for the Gross Income Test Income Included in the Gross Income Test Deeming of a Step-Parent’s Income to Determine Whether the Temporary Assistance Household Passes the Gross Income Test Computation of Earned Income Variable Wages/Salaries & Contractual Income OPWDD Family Care Payments Earned Income Disregards Special Situations Exemptions and Disregards – Training Incentives Payments Income Exemptions Child Support Disregard and Pass-Through Income from Boarder/Lodger Deeming Step-Parent Deeming Budgeting of Social Security Benefits Net Income From Assigned Assets Treatment of Educational Grants Lump Sum Payments Income & Benefits Related to Military Services Contributions from Relatives Self-Employment/Small Business/Farms/Client Owned Property Self-Employment – Establishing the Facts Microenterprises Reference Section

CHAPTER 19: RESOURCES A. General B. Resource Limits (Cash, Automobiles, Real Property, Burial Plots, EITC, in Trust Accounts, SNA, Gifts to Minors) C. Interpretation D. Exemptions and Disregards of Resources Other Than Recurring Income Policy Restricted Benefits E. Real Property F. Liquid Resources (Personal Property) G. Transfer of Real of Personal Property in Safety Net Assistance Cases H. Relatives I. Work Related Benefits J. Enrollment in Employer Group Health Insurance as Condition of Eligibility for Assistance K. Income Tax Refunds L. Offer of a Home M. Offer of a Job

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N. O. P. Q.

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New York State Worker’s Compensation Veterans Benefits Servicemen’s Allotments Social Security Benefits, Retirement, Survivors, Disability Insurance (RSDI) Reference Section

CHAPTER 20: METHOD OF PAYMENT OF GRANTS A. General Policy B. Definitions C. Reasons for Restrictions D. Payment in Closed Cases E. Use of Restricted Payment in FA F. Restrictions on SNA G. Electronic Benefit Reference Section CHAPTER 21: REPLACEMENT OF BENEFITS RECEIVED A. B. C. D. E.

Replacement of Lost or Stolen Checks Replacement of Lost, Stolen, or Mismanaged Cash Replacement Allowance to Pay for Supplies Already Received by a Recipient Replacement of Electronic Benefits Payment for Shelter Needs Prior to Case Openings Reference Section

CHAPTER 22: RECOUPMENT PROCEDURES A. Recovery of Overpayments B. Guidelines to Assist Local Districts in Dealing With the Specified Circumstances that Might Affect Recovery C. District of Responsibility D. Budgeting of Recoupments E. Budgeting Recoupments for Cases with FA Essential Persons F. WMS Instructions G. Determination of Undue Hardship H. Notice & Documentation Requirements I. Correction of Underpayments/Erroneous Denials and Discontinuances Reference Section CHAPTER 23: MISCELLANEOUS PROGRAMS A. B. C. D. E.

Grants of Assistance for Guide Dogs (GAGD) Supplemental Nutrition Assistance Program (SNAP) Section 8 Housing Assistance Payments for Lower-Income Families (HAP) Medical Assistance Special Supplemental Food Program for Women, Infants and Children (WIC)

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F. Office of Adult Career & Continuing Education Services (ACCES) G. Telephone Discount: The Lifeline Program Reference Section CHAPTER 24: ALIEN ELIGIBILITY A. B. C. D. E. F. G. H. I. J. K. L. M. N. O.

Background Eligibility Criteria Date of Entry Documentation Requirements Documentation Systemic Alien Verification for Entitlements (SAVE) Program Permanently Residing Under Color of Law (PRUCOL) Non-Immigrants Referral Requirements Reporting Requirement Alien Sponsorship Deeming Federal Alien Sponsorship Requirements Federal Alien Sponsorship Deeming Requirements Federally Funded Public Assistance State Funded Public Assistance Reference Section

CHAPTER 25: ALCOHOLISM AND DRUG ABUSE A. B. C. D. E. F. G. H.

Conditions of Eligibility Definitions Screening Instructions for Administering the LDSS-4571 "Alcohol and Drug Abuse Screening and Referral Form" Assessment Treatment Budgeting System Implications Reference Section

CHAPTER 26: ASSISTANCE TO VICTIMS OF DOMESTIC VIOLENCE A. Family Violence Option (FVO) B. Residential Programs for Victims of Domestic Violence Reference Section CHAPTER 27: HOMELESS A. General B. Temporary Housing Assistance (THA)

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C. Hotel/Motel Facilities D. Special Needs Allowance (SNA) for Public & Private Tier II Shelters E. Education for Homeless Children Reference Section CHAPTER 28: CHILD CARE SERVICES A. B. C. D. E. F. G. H. I. J.

Child Care “In Lieu of TA” Transitional Child Care Applicant/Recipient Rights Advise the Caretaker Relative of His/Her Responsibilities Eligible Providers Client Notification Payment Child Care During Breaks in Activities Families that are Eligible When Funds are Available Families that are Eligible When Funds are Available and the Category of Family is Identified in the SSD’s CSP/ICP K. Title XX Reference Section CHAPTER 29: RESIDENCE, STATE CHARGES, DFR A. B. C. D. E.

Residency NYS Recipients Who Are Temporarily Absent State Charge NYS Recipients Who Move to Another District The District of Fiscal Responsibility (DFR) Reference Section

CHAPTER 30: SCHEDULES A. B. C. D. E. F. G. H. I.

SA-2A Statewide Monthly Grants and Allowances SA-2B Statewide Monthly Home Energy Payments SA-2C Monthly Supplemental Home Energy Allowance SA-4A Initial o r Replacement Cost o f Essential House-Hold Furniture SA-4B Replacement Cost of Clothing SA-5 Restaurant Allowance Schedule and Home Delivered Meals SA-6A Fuel for Heating: Other Than Natural Gas SA-6B Fuel for Heating: Natural Gas, Coal, Wood, Municipal Electric, Other SA-6C Fuel for Heating: PSC Electric, Greenport Electric Reference Section

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CHAPTER 31: DIVERSION PAYMENTS A. B. C. D. E. F. G. H. I. J. K. L.

Diversion Utilizing EAF Payments to Divert a Family from Needing On-Going TA EAF and Frequent Applications for Payment to Divert Families from On-Going TA WMS Diversion Payment Types Identifying When to use WMS Diversion Payment Types Utilizing ESNA to Divert Households from Needing On-Going Assistance ESNA and Frequent Applications for Payments to Divert Households from OnGoing TA EAF and ESNA Shelter Arrears Diversion Payments and Affordability of Shelter TA Notices SNAP Implications Medicaid Implications Examples

GLOSSARY A - Z

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TASB 06/10/2011

CHAPTER 1 – INITIAL ELIGIBILITY Section A-General Introduction

CHAPTER 1: FORWARD A. GENERAL INTRODUCTION The Temporary Assistance Sourcebook (TASB) is designed to provide Temporary Assistance staff with authoritative information to do their job effectively. The authority for the Source Book "Policy" sections is based upon Social Services Law, Office Regulations, Administrative Directives (ADM), Informational Letters ( INF) and Local Commissioner Letters (LCM). Such sources provide the necessary authoritative basis for determining financial eligibility for temporary assistance, the appropriate category of assistance, the correct amount of the grant, application and notice requirements, and budgeting and resource procedures basic to a determination of financial eligibility for temporary assistance. The Source Book includes sections on the categorical and program requirements for Family Assistance (FA), Safety Net Assistance (SNA), Emergency Assistance to Families (EAF) and Emergency Assistance to Adults (EAA). Also included are sections dealing with alien eligibility, alcoholism and drug abuse and assistance to victims of domestic violence. An interpretation section is provided for some subjects to explain the Policy in non-regulatory language. At the end of every subject, the reader will find at the bottom of the page, three possible headings or columns – "References”, "Related Items", and “Supplental Nutrition Assistance Program Source Book (SNAPSB)(formerly known Food Stamp)”. References will cite the State Regulations, ADMs, INFs, and LCMs. Related Items will cite other relevant sources; and the SNAPSB will cite the appropriate SNAPSB Section(s). Information in the TASB will be revised and updated on a regular basis and published on the OTDA Intranet and Internet. The pace of change within Temporary Assistance programs makes such periodic replacement essential to the continued validity of the TASB. A subscription list is used to notify participating subscribers of published changes to the TASB. To subscribe to the list: 1. go to http://otda.state.nyenet/dta/resources/subscribe.asp. This link is also found on the DETS Intranet page h+m under information - Auto-Subscriber System 2. click on “Subscribe” near the TA Source Book 3. Click send on the resulting e-mail In the period between issuance of TASB replacement sections, Administrative Directives (ADM), Informational Letters (INF), Local Commissioner Letters (LCM), Regulations, General Information System (GIS) and ABEL Transmittals will provide necessary notification of changes affecting Temporary Assistance staff. Wherever a conflict arises between the Source Book and Regulations, Social Services Law, Administrative Directives, GIS or an ABEL Transmittal, local district staff should contact the Center for Employment and Economic Supports for direction.

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CHAPTER 1 – INITIAL ELIGIBILITY Section B-Acronym/Terminology Listing

B. ACRONYM/TERMINOLOGY LISTING AABD ABE ABEL ACE ACHIEVE ACTUAL A/D ADA ADC ADM AFA AFIS AIDS ALE AP APP-TAD A/R ASAW AVE BASIC BEDS BDD BENDEX BICS BOCES CA CAA CAP CASE CASE NO CBIC CBO CBVH CEOSC CFR CHEP CIN CNS COB COLA CSEU CSMS C/THP CWEP D/A DAAA DAR

Aid to Aged, Blind and Disabled Adult Basic Education Automated Budgeting and Eligibility Logic Active Corps of Executives Another Change Initiative for Education, Vocation or Employment Actual Shelter Cost Aged/Disabled American’s with Disabilities Act Aid to Dependent Chindren Administrative Directive Anticipated Future Action Automated Finger Imaging System Acquired Immune Deficiency Syndrome Adult Literacy Education Absent Parent Application Turnaround Document Applicant/Recipient Additional Special Agricultural Worker Adolescent Vocational Exploration Program Basic or Personal Allowance Back End Detection System Bureau of Disability Determinations (NYC) Beneficiary Data Exchange Benefit Issuance and Control System Boards of Cooperative Educational Services Number in Case Community Action Agency Child Assistance Program Case Type Case Number Common Benefit Identification Card Community Based Organization Commission for the Blind and Visually Handicapped Comprehensive Employment Opportunity Support Center Code of Federal Regulations Cuban/Haitian Entrant Program Client Identification Number Client Notices System Close of Business Cost of Living Adjustment Child Support Enforcement Unit Child Support Management System Child/Teen Health Plan Community Work Experience Program Drug/Alcohol Division of Alcoholism and Alcohol Abuse Dormant Account Review

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DCA DDD DEF DEFRA DPA DSS DV DVL EAA EAF EAPP EBT EHP EHR EITC EID EP ERT ES ESL ESNA EW FA FDC FEDS FEPS FFR FFY FICA FNP FP FVO GA GAGD GED GFDC GIS GIT HAP HEA HEAP HEFPA HH HIV HMO HR HRA HSP HUD

CHAPTER 1 – INITIAL ELIGIBILITY Section B-Acronym/Terminology Listing

Disqualification Consent Agreement Division of Disability Determinations Deficit Deficit Reduction Act the Department New York State Department of Social Services Deferred Payment Agreement Department of Social Services Domestic Violence Domestic Violence Liaison Emergency Assistance for Adults Emergency Assistance to Families Employment Alternatives Partnership Program Electronic Benefit Transfer Enriched Housing Program Emergency Home Relief Earned Income Tax Credit Earned Income Disregard Essential Person Employment Readiness Training Employment Search English-as-a-Second Language Emergency Safety Net Assistance Eligibility Worker Family Assistance Family Day Care Front End Detection System Family Eviction Preventive Supplement Face-to-Face Recertification Federal Fiscal Year Insurance Contributions Act (Social Security) Indicator Federal Non-Participation Federal Participation Family Violence Option General Assistance Grants of Assistance for Guide Dogs General Educational Development Group Family Day Care General Information System Gross Income Test Housing Assistance Payment Home Energy Allowance Home Energy Assistance Program Home Energy Fair Practices Act Household Human Immunodeficiency Virus Health Maintenance Organization Home Relief NYC Human Resources Administration Housing Supplement Program Housing and Urban Development

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IAR IDA I/EDR INF INS IPV IRAP IRCA IRS J/O JOBS JTPA JTPC LCM LDSS LEP Local District LRR LTR MA MARG MOE MRB/A MSS NCSTA NTA NYC NYS OASDI OBRA OCFS OHIP OJT OMH OMR/DD OOE OSS OTDA OVESID PACE PAVE PCAP PHA PIC PIO PNA PROWRA PRUCOL PSC PWA

CHAPTER 1 – INITIAL ELIGIBILITY Section B-Acronym/Terminology Listing

Interim Assistance Reimbursement Individual Development Account Imaging/Enterprise Document Repository Informational Letter Immigration and Naturalization Service Intentional Program Violation Indochinese Refugee Assistance Program Immigration Reform and Control Act of 1986 Internal Revenue Service Job Opportunity Program Job Opportunities and Basic Skills Training Program Job Training Partnership Act Job Training Partnership Council Local Commissioners Memorandum Local Department of Social Services Limited English Proficiency Local Department of Social Services Legally Responsible Relative Lawful Temporary Resident Medical Assistance Medical Assistance Reference Guide Maintenance of Effort Mass Rebudgeting/Reauthorization Mandatory State Supplement National and Community Services and Trust Act of 1993 Non Temporary Assistance New York City New York State Old-Age, Survivors and Disability Insurance Omnibus Budget Reconciliation Act Office of Children and Family Services Office of Health Insurance Programs On the Job Training Office of Mental Health Office of Mental Retardation/Developmental Disabilities Order of Exclusion On-Site Scanning Office of Temporary and Disability Assistance Office of Vocational and Educational Services for Individuals with Disabilities Public Assistance Comprehensive Employment Progressive Adolescent Vocational Exploration Program Prenatal Care Assistance Program Public Housing Authority Private Industry Council Public Information Office Personal Needs Allowance Personal Responsibility Work Opportunity Reconcilliation Act Permanently Residing in the United States Under Color of Law Public Service Commission Public Works Administration

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PWP RAP RAW RFI RIN RSDI SAVE SAW SCU SDX SCORE SED SEMI SFY SHEA SHELT SLIAG SNAP SNAPSB SNA SOLQ SSA SSDB SSI SSL SSN SSPNA SUA SUR TA TANF TASA TASB TEAP TPHI TPR TRO UIB USCIS USDA VA VISTA WIC WMS WRM WSP WTW YIP YOP YWS

CHAPTER 1 – INITIAL ELIGIBILITY Section B-Acronym/Terminology Listing

Public Work Project Refugee Assistance Program Replenishment Agricultural Worker Resource File Integration Recipient Identification Number (NYC) Retirement Survivors Disability Insurance Systematic Alien Verification for Entitlements Special Agricultural Worker Support Collection Unit State Data Exchange Services Corps of Retired Executives State Education Department TA Semi-Monthly Cash Grant Amounts State Fiscal Year Supplemental Home Energy Allowance Shelter State Legalization Impact Assistance Grants Supplemental Nutrition Assistance Program Supplemental Nutrition Assistance Program Source Book Safety Net Assistance State On-Line Query Social Security Administration Social Security Disability Benefits Supplemental Security Income Social Services Law Social Security Number State Supplemental Personal Needs Allowance Standard Utility Allowance Surplus Temporary Assistance Temporary Assistance for Needy Families Teenage Services Act Temporary Assistance Source Book Training and Employment Assistance Program Third Party Health Insurance Third Party Resource Temporary Restraining Order Unemployment Insurance Benefits United States Citizenship and Immigration Services United States Department of Agriculture Veterans' Administration Volunteers In Service To America Women, Infants and Children Welfare Management System Worker's Reference Manual Work Supplementation Program Welfare to Work Youth Internship Program Youth Opportunity Program Youth Work Skills Program

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TASB 06/30/2011

CHAPTER 2 – OVERVIEW OF TEMPORARY ASSISTANCE PROGRAMS Section A - Introduction

CHAPTER 2: OVERVIEW OF TEMPORARY ASSISTANCE PROGRAMS A. INTRODUCTION According to Article XVII(1)(a) of the New York State Constitution: ". . .The aid, care and support of the needy are public concerns and shall be provided by the State and by such of its subdivisions and in such manner and by such means, as the Legislature may from time to time determine. . . " The Legislature enacts the Social Services Law, and the Office, through the Codes, Rules and Regulations administers the basic temporary assistance and emergency support programs for the State. These programs are Family Assistance, Safety Net Assistance, Emergency Assistance to Needy Families with Children, Emergency Assistance for Adults, including the Interim Assistance Program and certain parts of the Supplemental Security Income Program.

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CHAPTER 2 – OVERVIEW OF TEMPORARY ASSISTANCE PROGRAMS Section B – Family Assistance

B. FAMILY ASSISTANCE The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), provides the block grant funding to states for “Temporary Assistance to Needy Families” (TANF). This federal law requires states to operate a temporary assistance program to “provide assistance to needy families so that children may be cared for in their own homes or in the homes of relatives…”. Family Assistance is reimbursed entirely from the federal TANF Block Grant (100% federal funds). The program provides continuing assistance to needy families with children under the age 18, or under the age 19 and regularly attending a secondary school or the equivalent level of vocational or technical training, who meet the following criteria: 1. The child is living with caretaker relatives as set forth in Section 369.1(b) of Office Regulations, 2. The family meets the categorical eligibility requirements as set forth in Part 369.2 of Office Regulations, 3. The family meets the financial eligibility requirements as set forth in Part 352 of Office Regulations. The FA allowance consists of a basic grant allowance, a home energy allowance, a supplemental home energy allowance, a shelter allowance and a fuel allowance, if heat is not included in the rent. Each allowance category has a maximum and varies according to family size. Additional allowances may be provided if certain special needs are to be met. FA parents are required to seek employment. For the employed FA parent, there are income disregards applied in calculating eligibility and the amount of assistance. FA heads of household and their spouses are subject to a sixty month limit on the receipt of TANF-funded assistance. Once a family has reached their sixty month limit on TANFfunded assistance, they can no longer receive assistance in the FA category, unless they are granted an exemption to the time limit. They may receive assistance in the Safety Net Assistance program, if otherwise eligible. TANF-funded assistance received as a minor child does not count toward the time limit, unless received as a minor head of household or a minor spouse of the head of household. LEGAL BASIS – Responsibility for establishing standards of need and eligibility; therefore, and providing adequate assistance and care to indigent persons is specifically provided for in relation to the several distinct assistance programs – FA and SNA. Eligibility requirements mandate application of the means test and utilization of resources in accordance with the Social Services Law and the Regulations of the Office.

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CHAPTER 2 – OVERVIEW OF TEMPORARY ASSISTANCE PROGRAMS Section C – Emergency Assistance to Families (EAF)

C. EMERGENCY ASSISTANCE TO FAMILIES (EAF) Emergency Assistance to Needy Families with Children (EAF) was originally established by Congress in 1967 under Title IV-A of the Social Security Act. Today, EAF is an emergency assistance program administered at New York’s option and is reimbursed entirely from the federal TANF Block Grant (100% federal funds). Emergency assistance means all aid, care and services granted to families with children, including migrant families, to deal with crisis situations threatening the family and to meet urgent needs that were sudden, could not have been foreseen, and were beyond the individual’s control. 1. The EAF program is intended to meet the temporary emergency needs of pregnant women and families with children under 18, or under the age of 19 and regularly attend full time secondary school or the equivalent level of vocational or technical training who meet the following criteria: a. The children are living with an eligible relative. b. The children, parents or other eligible relatives are without resources immediately available to meet the need and the households available income on the date of application is at or below 200% of the federal poverty level for that household size or the household is financially eligible to receive temporary assistance. c. The emergency must be the result of a sudden occurrence or situation, unforseen and beyond the applicant’s control. d. The assistance is necessary to avoid destitution of the children or to provide living arrangements for them in a home. e. Such destitution did not arise because an employable member of the family refused, without good cause, to accept employment or training for employment. f.

Such destitution did not arise from the mismanagement of a temporary assistance grant, or the emergency grant being applied for will not replace or duplicate a temporary assistance grant already made. This does not prohibit the issuing of emergency assistance to replace a lost or stolen temporary assistance grant.

2. Kinds of assistance provided to meet emergency situations: Cash grants, vendor payments and supplies necessary to meet the identified emergent need. 3. Kinds of service provided to meet the emergency situation: Information referral, counseling, securing family shelter and any other services which meet needs attributable to the emergency situation. LEGAL BASIS – The EAF program is administered in conformance with Social Services Law Section 350-j and Office Regulation Section 372.

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CHAPTER 2 – OVERVIEW OF TEMPORARY ASSISTANCE PROGRAMS Section D – Safety Net Assistance (SNA)

D. SAFETY NET ASSISTANCE (SNA) Safety Net Assistance is the New York State category of temporary assistance provided to needy individuals who are not eligible for Family Assistance (FA). Safety Net Assistance is funded with 29% state funds and 71% local funds. Safety Net Assistance may be provided only when the standard of need may not be met by FA, EAF, SSI, EAA, support from legally responsible relatives, or other sources. Emergency Safety Net Assistance (ESNA) is also provided under the Safety Net Assistance program. Safety Net Assistance eligibility requirements are set forth in Part 370 of Office Regulations. Financial eligibility requirements are set forth in Part 352 and 370 of Office Regulations. The Safety Net Assistance allowance consists of a basic grant, a shelter allowance, a home energy allowance (HEA), a supplemental home energy allowance (SHEA), and a fuel allowance if heat is not included in rent. Each allowance category has a maximum and varies according to family size. Additional allowances may be provided if certain special needs are to be met. Safety Net Assistance is comprised of a cash and non-cash component. An individual or family may only receive cash SNA (case type 16) assistance for a lifetime limit of 24 months. After an individual has received cash SNA for 24 months, they may be categorized as non-cash SNA (case type 17), if otherwise eligible. There is no time limit on how long an individual may receive non-cash SNA. Persons who are exempt from work requirements or are HIV positive, and are not determined unable to work due to the abuse of drugs/alcohol, are exempt from the twenty-four month lifetime limit on cash Safety Net Assistance (case type 16). Under the non-cash Safety Net Assistance component, the shelter allowance and utilities (including heat) must be restricted. The recipient may receive the remaining grant as cash. There is a federally funded non-cash Safety Net Assistance component (case type 12). This case type is reserved for those Family Assistance cases which are required to receive non-cash assistance because of drug/alcohol abuse. These cases are required to have their shelter allowance and utilities (including heat) restricted. The recipient may receive the remaining grant as cash. This category of SNA is funded from the federal TANF block grant (100% federal funds). LEGAL BASIS – Responsibility for establishing standards of need and eligibility; therefore, and providing adequate assistance and care to indigent persons is specifically provided for in relation to the several distinct assistance programs – FA and SNA. Eligibility requirements mandate application of the means tests and utilization of resources in accordance with the Social Services Law and the Regulations of the Office.

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CHAPTER 2 – OVERVIEW OF TEMPORARY ASSISTANCE PROGRAMS Section E – Supplemental Security Income (SSI)

E. SUPPLEMENTAL SECURITY INCOME (SSI) The Supplemental Security Income (SSI) program was established by Congress in 1974 under Title XVI of the Social Security Act. The Social Security Administration (SSA) administers the program which provides a federal flat grant to individuals and couples who are aged, blind and disabled. The flat grant is different for individuals and for couples and also varies according to living arrangement. The federal benefit increases at a rate equal to yearly increases in the Consumer Price Index. In New York State, the federal flat grant is supplemented by State funds which are also administered under contract by SSA. There are no local funds in the SSI benefit. If the standard of need is not met by the SSI benefit and other resources, Safety Net Assistance may be provided to meet any remaining deficit.

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CHAPTER 2 – OVERVIEW OF TEMPORARY ASSISTANCE PROGRAMS Section F – Emergency Assistance for Adults (EAA)

F. EMERGENCY ASSISTANCE FOR ADULTS (EAA) Emergency Assistance for Adults (EAA) is authorized by Section 300 et. seq. of the State Social Services Law. EAA was created to assist SSI recipients with emergency needs which cannot be met by the basic SSI monthly benefit. Expenditures for EAA are shared equally between the State and local districts. EAA provides assistance under a range of circumstances, including but not limited to: 1. 2. 3. 4. 5. 6.

Catastrophic loss of clothing, furniture, food, fuel and shelter, Stolen or mismanaged cash, Moving expenses, Maintenance of home while person is temporarily hospitalized, Threatened eviction or utility shut-off, Lost, stolen or unreceived SSI check.

LEGAL BASIS – The EAA program is administered in conformance with Social Services Law Sections 300 – 309 and Department Regulations Section 397.

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CHAPTER 2 – OVERVIEW OF TEMPORARY ASSISTANCE PROGRAMS References

REFERENCES 97 ADM-20 97 ADM-21 Errata 1 Errata 2 Errata 3 SSL 157 & 158 352 372 (a)(4)

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CHAPTER 3 – APPLICATION PROCESSING Section A – Definitions

CHAPTER 3: APPLICATION PROCESSING A. DEFINITIONS APPLICANT: An applicant is a person who has expressed in writing, directly or by a representative, on the state-prescribed form to a social services official a desire to receive assistance and/or care or to have his eligibility considered. In FA, the relative with whom a child is living is the applicant in the child's behalf. APPLICATION: An application is an action by which a person indicates in writing on the state-prescribed form his/her desire either to receive assistance and/or care or to have his/her eligibility considered by a social services official. Such action shall be considered an application even though the applicant subsequently withdraws the application or proves, upon investigation, to be ineligible.

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CHAPTER 3 – APPLICATION PROCESSING Section B – Right to Apply

B. RIGHT TO APPLY 1. RIGHT TO APPLY – Any person has the right to make application for that form of temporary assistance or care which he believes will meet his needs and file the application with the social services district at any time including the same day. The request may be made by: a. The applicant himself, b. Any adult member of his family, c. An authorized representative acting in the applicant’s behalf, including relative, friend or other agency or institution if: (1) The applicant establishes a good reason such as, a physical or mental condition, or other extenuating circumstance beyond the control of the applicant exists which prevents the applicant from being reasonably expected to comply with applying for TA on his/her own behalf, (2) The applicant must designate in writing the person who will act on their behalf including proving information to the local district to determine the applicant’s initial and continued eligibiilty for TA. (3) The designation of an authorized representative does not relieve the applicant of the obligation to: • •

Cooperate with all aspects of initial and continued eligibility determination for TA such as cooperation with child support. To provide timely and accutate information to the local district

2. ACCESS FOR NON-CITIZENS a. A household's right to apply and be interviewed for temporary assistance must not be denied, limited or discouraged because of the national origin or citizenship status of a person or persons who reside in that household. b. Title VI of the Civil Rights Act of 1964, and its implementing regulation, prohibit entities receiving federal funds, such as states or counties, from discriminating against any person on the basis of that person's race, color or national origin. c. Title VI covers both intentional acts and facially neutral policies and actions that have an adverse impact based on race, color or national origin. d. Households with members born in another country who may not be citizens must be permitted to provide documentation of citizenship or alien status. Receptionists and screeners must be directed not to prevent or discourage such households from filing applications.

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CHAPTER 3 – APPLICATION PROCESSING Section B – Right to Apply

e. Eligibility workers must be sufficiently trained regarding what documentation must be provided by non-citizens, how to advise the non-citizen about obtaining such documentation, and how to make a correct assessment of alien documentation. f.

In addition to following procedures that ensure foreign-born applicants the right to prove citizenship or eligible alien status, workers must ensure that the eligibility of household members who are citizens is determined even if there are ineligible aliens in the household. This situation occurs frequently when an ineligible alien parent has a child who is a citizen.

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CHAPTER 3 – APPLICATION PROCESSING Section C – Date of Application

C. DATE OF APPLICATION All applications shall be processed promptly. The date of application shall be the date of receipt by the social services official of a signed, completed application on the State prescribed form. While documentation is required for the determination of eligibility, it shall not be a prerequisite to filing an application.

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CHAPTER 3 – APPLICATION PROCESSING Section D – Applicant Interview

D. APPLICANT INTERVIEW 1. REQUIRED ELIGIBILITY INTERVIEW - A personal interview with the applicant or a designated representative is required in all cases to establish eligibility for TA. Ordinarily, interviews shall be scheduled within seven working days except when there is indication of emergency need, in which case the interview shall be held at once. 2. RESPONSIBILITY OF THE LOCAL DISTRICT - At the time of the application interview, the local district shall inform the applicant of: a. The eligibility requirements of the program under which they are applying for assistance or care, b. Their responsibility for reporting all facts material to a proper determination of eligibility, c. The joint responsibility of the local district and the applicant for exploring all facts concerning eligibility, needs and resources, and the applicant's responsibility for securing, wherever possible, records or documents to support his statements, d. The kinds of verification needed, e. The fact that any investigation essential to the determination of eligibility will be undertaken, f.

Their responsibility for immediately notifying the local districts of all changes in circumstances,

g. The availability of assistance and/or service under some other program, either public or private, if the applicant appears eligible, h. Information about the importance of age appropriate immunizations to clients with children age 5 or less. Note: The information listed in paragraphs a through h (above) is contained in: DSS-4148A "What You Should Know About Your Rights and Responsibilities", DSS-4148B "What You Should Know About Social Services Programs", and DSS-4148C "What You Should Know If You Have An Emergency" i.

The opportunity to apply to register to vote upon initial application for benefits and at recertification. No judgment is to be made concerning an applicant's qualifications to register to vote, although local districts may point out the "Qualifications for Registration" listed on the "NYS Agency-Based Voter Registration Form". The final determination on registering an individual to vote and responsibility for adding their name to the Voter Registration List rests with the County and/or City Board of Elections. The client will receive a written verification from the board of elections:

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CHAPTER 3 – APPLICATION PROCESSING Section D – Applicant Interview

(1) Applying to register to vote is not an eligibility requirement and there can be no negative effect on applicants or recipients who refuse to apply or who refuse to sign a declination. (2) Homeless applicants and recipients are included in the State and Federal legislation. Homeless persons can apply to register to vote if they can indicate where they live. They must provide an address where they can receive mail. This includes any and all non-traditional dwellings and habitations. (3) In any case in which a representative applies for an applicant, no judgment is to be made concerning that applicant's qualifications to register to vote. It will be up to the representative of the applicant to decide if the voter registration form should be completed by him (the represen-tative) or the applicant being represented and this decision should be noted in the case record just as is the case with an applicant applying personally. (4) The same level of assistance must be provided for completing the voter registration application as is given in completing LDSS forms. The applicant who must be given the opportunity to apply to register to vote is the adult in the case who actually applies for assistance. (5) Others in the household should be offered a registration application to the extent that such an offer is not disruptive of the application process and if the forms are requested. Mail-in voter registration applications will be available for such other household members. (6) Assign a site coordinator for each local district site at which applications for temporary assistance benefits are taken. (7) The law requires that all applications to register to vote be forwarded to the appropriate County or City Board of Elections within 10 days of receipt. The law also requires that forms received by the local district between the 30th and 25th day prior to an election be transmitted so they are received by the County Board by the 20th day before an election. (8) Obtain a signed declination at the time of application and at each recertification when an applicant/client does not wish to apply to register to vote. These signed declination forms must be retained by the local district for 22 months. Since local districts may be required to retrieve the forms for a specific period, declinations should be kept in chronological order rather than in case files. This will also assist in the purging of files. (9) If the client does not sign the declination form, that fact should be noted and tallied for the Agency Based Registration Transmittal Form (Attachment II of 95 ADM-1). There are no requirements that copies or records of affirmative responses be retained. (10) Be aware of the following prohibitions:

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CHAPTER 3 – APPLICATION PROCESSING Section D – Applicant Interview

(a) No statement shall be made nor any action taken to discourage a local district applicant from applying to register to vote; (b) Local districts must not seek to influence an applicant's political preference or party designation; (c) Local districts must not display any political preference or party allegiance; and, (d) No statement shall be made or action taken to lead a local district applicant to believe that a decision to apply to register or not to apply to register has any bearing on the availability of local district services or benefits. 3. CLIENT RIGHTS a. Any investigation or reinvestigation of eligibility shall be conducted in a manner that will not result in practices that violate an applicant's or recipient's constitutional rights. b. An applicant or recipient shall be permitted to appear with an attorney or other representative at any interview or conference with a representative of the local district, whenever such interview relates to questions of eligibility for TA and care, or the amount to which the person interviewed is or was entitled.

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CHAPTER 3 – APPLICATION PROCESSING Section E – Required Use of State-Prescribed Application Forms

E. REQUIRED USE OF STATE-PRESCRIBED APPLICATION FORMS The state-prescribed form must be completed: 1. For each individual adult case and for each family case by category, 2. When a child is transferred from foster care to SNA or FA, unless the SNA or FA grantee is already in receipt of assistance in the program under which the child's needs are to be met, 3. When there is a permanent change in grantee in an FA case, 4. When the assistance or care is to be provided by a different district, 5. In the event of a reapplication more than 30 days following a case closing. Note: Local districts have the option of activating a case that has been closed less than 30 days, without requiring a new application. ("All Commissioner" Letter - 12/24/82) 6. For a new FA-foster care case, in the event responsibility for care and placement of a child in foster care shall have been explicitly imposed on the social services official by a court order.

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CHAPTER 3 – APPLICATION PROCESSING Section F – When State-Prescribed Application Is Not Required

F. WHEN STATE-PRESCRIBED APPLICATION IS NOT REQUIRED The state-prescribed form is not required to be completed under the following circumstances: 1. For a person continuously in receipt of some form of assistance or care from the same district, the application form completed at the time of original application will suffice, 2. Transfers or reclassifications except when the use of the prescribed form is required, need not be confirmed by completion of a new state-prescribed form, and 3. When a case has been denied, reapplication within 30 days does not require a new state-prescribed form.

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CHAPTER 3 – APPLICATION PROCESSING Section G –Required Application Signatures

G. REQUIRED APPLICATION SIGNATURES Signatures on the state-prescribed form are required as follows: 1. In family applications, both spouses shall sign. In situations where a parent in the family is not married to the other parent, both parents, if they are to be included in the grant, shall sign the application form. 2. Where the case involves a single parent family, the head of the household shall sign. 3. Where the case involves a single individual, such individual shall sign. 4. In any case where the applicant whose signature is required is incapable of signing the application because of physical incapabilities or mental incompetency, the application shall be signed on behalf of such person by his authorized representative.

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CHAPTER 3 – APPLICATION PROCESSING Section H –Eligibility Documents for TA-MA-SNAP

H. ELIGIBILITY DOCUMENTS FOR TA-MA-SNAP Local districts are required to use the eligibility documents listed below: 1. Statewide Common Application (LDSS-2921)

TA, MA, SNAP, Services

2. How to Complete Application (Pub. 1301)

TA,MA, SNAP, Services

3. Recertification Application (LDSS-3174)

TA, MA, SNAP

4. How to Complete Recertification (Pub. 1313)

TA, MA, SNAP

5. Mail-in Recertification/Eligibility Questionnaire (LDSS 4887) WMS INSTRUCTIONS: An Application Turnaround Document (APP-TAD) LDSS-3636 will automatically be generated for each non- services application at the time of Application Registry reflecting data input from the client completed Application. Additionally, data entered at Application Registry will automatically be "carried over" to the full data entry screens. The APP-TAD is used for Application Maintenance transactions as well as full data entry for non-services case processing. Application Withdrawals and Application Denials will continue to be performed via the Common Application. The APP-TAD is unique in that only fields generated from application information are shaded and it is printed in blue to distinguish it from the authorization document.

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CHAPTER 3 – APPLICATION PROCESSING Section I –Non-Parent Caregiver Cases

I. NON-PARENT CAREGIVER CASES A non-parent caregiver is a non-legally responsible relative or non-relative caregiver caring for a child(ren) for whom they are applying for or receiving TA. 1. Non-parent caregivers who seek TA do not need to have court-ordered custody or informal custody of the child(ren) in their care, nor do they need to pursue guardianship to be eligible for a TA grant for the child(ren). 2. Non-parent caregivers are not mandated to employment activities or Automated Finger Imaging System (AFIS) requirements. Drug/Alcohol screenings are also not mandated for these caregivers, however, if a D/A problem is apparent, workers may offer the services of a CASAC who could provide treatment options. If the non-parent caregiver refuses the services of a CASAC, no action can be taken against the child(ren)'s TA eligibility, but a referral should be made to children's services to evaluate the child's living situation. 3. The current policy (99 ADM-5) for cooperation with child support would apply to the nonparent caregiver as it does for a parent when applying for TA on behalf of a child in their care. That is, they would need to cooperate with Child Support Enforcement in establishing paternity or establishing, modifying or enforcing child support obligations from both parents. However non-parent caregivers can only be expected to cooperate to the extent that they can. They may attest to no knowledge or claim good cause or a domestic violence (DV) waiver from cooperation where there are safety concerns. Additionally, the child support program may also provide services without the involvement of the non-parent caregiver in certain circumstances. If the non-parent caregiver fails to cooperate with Child Support requirements and a DV waiver or good cause claim is not approved, a IVD sanction must be imposed (01 INF12) which results in a 25% reduction in the needs of the child(ren). 4. Federal Reporting requirements mandate that relative non-parent caregivers provide their income and resources as a condition of eligibility for the child(ren). However, they are not required to verify their income and resources. If the relative non-parent caregiver refuses to provide information on their income and resources the application must be denied. Relative non-parent caregivers do not have to provide their SSN, date of birth, citizenship/alien status, education level or veterans status. 01 ADM-04 provides clarification on federal reporting requirement mandates and also instructions for WMS and ABEL entries. The need to provide information on income and resources does not apply if the non-parent caregiver is a non-relative. 5. In order to correctly determine case type, proof of relationship is required. 00 INF-6 addresses the documentation that is acceptable to establish relationship for non-parent caregiver cases. 6. When the non-parent caregiver is not related to the child(ren), the case must be a Safety Net Assistance case. Normally Safety Net Assistance applicants have a 45-day waiting period. However it is reasonable for districts to view preventing the need for foster care as an emergency need and make payments within the 45-day period.

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CHAPTER 3 – APPLICATION PROCESSING Section I –Non-Parent Caregiver Cases

7. Districts should explore the need for child care with the non-parent caregiver and if needed, make the appropriate referral for child care services. If a non-parent caregiver paid someone to care for a child or dependent so they could work, they may be able to reduce their tax by claiming the credit for child and dependent care expenses on their federal income tax return. This credit is available to people who, in order to work or to look for work, have to pay for child care services for dependents under age 13. 8. The Earned Income Tax Credit (EITC) is available to families with children, single individuals and childless families who have earned income. Non-parent caregivers should be referred to a VITA site if one is available. 9. Eligibility for TA is based solely on the child(ren)'s income and resources. Non-parent caregiver cases can be budgeted either as a regular grant or as a room and board allowance, depending upon whether the non-parent caregiver charges the child(ren) room and board or rent. With the new shelter schedules that were effective November 1, 2003, the regular grant in most counties will provide more money for the child (ren) than a room and board rate with the personal needs allowance. If the non-parent caregiver is charging rent, a fuel allowance must also be provided if the non-parent caregiver provides documentation that they or their spouse (living in the household or was living in the household but now is deceased) are the tenant and customer of record for their residence. (91 ADM-3) 10. Camp fees can be utilized to provide respite for non-parent caregivers. When funds cannot be obtained from another source, camp fees can be paid for children who are in receipt of federally funded FA and SNA-FP. The amount that may be authorized is established at $400.00 per year, not to exceed $200.00 per week (GIS 02 TA/DC 010 dated 4/10/02). Local districts have the option to request a waiver from the Center for Employment and Economic Supports (CEES) that would allow one face-to-face TA recertification every 24 months for non-parent caregiver cases. This waiver would require a recertification mailer to be sent in the 11th month of the certification period to be returned and processed in the 12th month. Also, districts will not be able to assign a 24 month TA certification period on WMS as Medicaid requires that certification periods be limited to 12 months in these specific circumstances. Rather, districts will need to assign a new 12 month TA certification period waiver following the return and processing of the mail-in recertification. Districts can submit their waiver request to: Phyllis Morris, Deputy Commissioner Center for Employment and Economic Supports 40 North Pearl St., 11th Floor Albany, NY 12243

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CHAPTER 3 – APPLICATION PROCESSING References

REFERENCES 09 ADM-24 06 ADM-10 Attachment Attachment (Spanish) 04 ADM-02 Attachment – LDSS 3151 – Supplemental Nutrition Assistance Program (SNAP) Change Report Form Attachment – LDSS 3151- Supplemental Nutrition Assistance Program (SNAP) Change Report Form (Spanish) Attachment – “Important Information About New Supplemental Nutrition Assistance Program (SNAP) Reporting Rules” Attachment – “Important Information About New Supplemental Nutrition Assistance Program (SNAP) Reporting Rules” (Spanish) Attachment – Blank Date/Manual Notification of “Imp Info About New FS Reporting Rules” Attachment – Blank Date/Manual Notification of “Imp Info About New FS Reporting Rules” (Spanish) 01 ADM-17 Attachment – Call-in Letter 01 ADM-03 Attachment- Erratta 98 ADM-9 97 ADM-6 95 ADM-1 90 ADM-41 85 ADM-38 10 INF-22 05 INF 24 02 INF-20 Attachment-LDSS-2921 Statewide (Rev. 5/02) Attachment Pub. 1301 Statewide (Rev. 5/02) 01 INF-9 95 INF-8 92 INF-49 92 INF-7 91 INF-60 351.21 351.1 350.7 350.4 350.3 350.1 ____________ Related Items 86 ADM-07 90 INF-65 New York State Office of Temporary & Disability Assistance

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_________________________ Non-Parent Caregiver Cases 351.1(b)(2) 351.2a 352.5 352.29(e) 352.31(d)(e)(f) 352.7(i) 370.3 372 385 GIS 01TA/DC 043

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TASB 02/13/2008

CHAPTER 4 – RECIPIENT/APPLICANT RIGHTS Section A – Inquiries and Complaints: Definitions

CHAPTER 4: RECIPIENT/APPLICANT RIGHTS A. INQUIRIES AND COMPLAINTS: DEFINITIONS 1. Inquiry – An inquiry is any request for information that does not constitute an application for TA or care and that does not come within the definition of a complaint as defined below. 2. Complaint – A complaint is any written or oral communication made to a local district or the Office by or on behalf of an applicant for or recipient of TA or care, other than a complaint for which there is a right to a fair hearing, or a communication from any other source directed or referred to the local district or the Office alleging directly or indirectly dissatisfaction with: a. The action or failure to act in a particular case, b. The manner in which a local district generally handles its cases, c. The local district's facilities and services or the manner in which it generally conducts its business, d. Other facilities or services (public or private) employed by a local district for providing care and services for its clients, and e. Any other aspect of social services administration not mentioned above.

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CHAPTER 4 – RECIPIENT/APPLICANT RIGHTS Section B – Inquiries and Complaints: Handling

B. INQUIRIES AND COMPLAINTS: HANDLING 1. Handling of Inquiries a. Every inquiry received by a local district or the Office shall be answered promptly. If the information requested is not available, the inquiry shall be acknowledged and referred to the appropriate source for reply. Whenever appropriate, informational pamphlets shall be utilized. b. Local districts are prohibited from discriminating against anyone making the inquiry based on race, color, religion, national origin, age, sex, handicap (physical or mental impairment) or marital status. c. Local districts are required to provide information in a manner that is accessible to visually impaired or blind and hearing impaired or deaf applicants and recipients. d. Local districts are required to promptly give a copy of the appropriate information phamphlet to each person who inquires or applies. An example of an informational phamphlet that must be provided is: LDSS 4148A “What You Should Know About Your Rights and Responsibilities”. e. Requests from other agencies, within or outside of the State, for information requiring field investigation shall receive an immediate acknowledgement followed by a reasonably timed report of findings. 2. Handling of complaints a. Every complaint received shall be promptly acknowledged. If received by mail, acknowledgement may be by either letter, e-mail, or a home visit by a staff member. In acknowledging a complaint, the writer shall be informed that the letter or interview is in response to the communication. b. The substance of the complaint shall be reviewed and analyzed in relation to the case history or other office records in order to relate the local district's knowledge of the past situation to the present problem as the complaintant sees it and to determine the validity of the complaint. c. The social services district shall be responsible for reviewing its own activity and for making such additional investigation as may be necessary in order to determine what action is required. d. When a complaint has been referred by another agency and a report requested, the local district shall render such report with due regard to the confidential nature of social services records. e. When a complaint has been referred by the Office to a local district, a report shall be submitted within 20 days of the date of such request and shall cover fully all matters pertaining to the complaint. If the time limit cannot be met, an interim report shall be sent. The final report shall include all of the following:

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CHAPTER 4 – RECIPIENT/APPLICANT RIGHTS Section B – Inquiries and Complaints: Handling

(1) A statement that the complaintant was informed that the contact resulted from the complaint. (2) Facts in possession of the local district and any additional information requested by the Office or essential to its understanding of the case. (3) Any action taken by the local district and whether the complainant is satisfied with the explanation provided them. 3. Handling of Federal Americans with Disabilities Act (ADA) Complaints a. A complaint is complete for purposes of the federal ADA if it contains a written statement that must include all of the follwing: (1) The complaintant’s name (2) Complaintant’s address (3) Describes the district’s alleged discriminatory actions in sufficient detail to inform the Office of the nature and date of the alleged violations of Title II of the ADA. (4) Signed by the complaintant or by someone authroized to do so on his or her behalf. b. Districts must comply with the requirements of 18 NYCRR Part 356 Outlining a district’s responsibility to respond to complaints by or on behalf of an applicant for or recipient of TA. This requirement does not include complaints arising from issues where there is a scheduled fair hearing. c. Local Districts must investigate complaints of discrimination or improper case administration. d. Local Districts should make reasonable efforts to inform applicants/recipients with a disability of such complaint procedures. e. Local Districts also are responsible for ensuring that staff understands such agency procedures. f.

Local districts must post procedures for filing discrimination complaints in a conspicous manner and must list those agencies or persons that will handle complaints, e.g., local commissioner, New York State Division of Human Rights.

g. When the Office refers a complaint to a local district, the district must submit a report to the Office within 20 days of the date of such referral and shall cover fully all matters pertaining to the complaint, as required by 18 NYCRR Part 356.3(3). If the time limit cannot be met, an interim report should be sent. The Office may provide feedback to the district concerning any matters covered in the report pertaining to the complaint, and may undertake further review of the complaint, in consultation with the district, if determined necessary. New York State Office of Temporary & Disability Assistance

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h. Regarding complaints of denial of access by persons with disabilities, districts must publish their procedures that provide for prompt and equitable resolution at the local level of complaints alleging any violation of Title II of the ADA. i.

For disability-related complaints concerning the Office’s programs, district must submit a copy of such complaints, and the district’s determination thereon, to the Office’s Bureau of Equal Opportunity Development (BEOD). BEOD, 40 North Pearl Street-16 D, Albany, New York 12243; telephone (518) 473-8555.

j.

Complaintants are not required to exhaust the district’s internal complaint procedures before filing a complaint with a federal agency.

k. Districts must document and record investigations of discrimination complaints and their findings. Where such complaints are founded, districts must take appropriate remedial action both to resolve the complaint and to retrain staff regarding their responsibilities. l.

Districts must take appropriate corrective actions when staff discriminates against applicants/recipients of TA.

m. Complaints that are not ADA Related is any written or oral communication made to a social services district or this Office by or on behalf of an applicant for or a recipient of public assistance or care, other than a complaint for which there is a right to a fair hearing, or a communication from any other source directed or referred to the social services district of this Office alleging, directly or indirectly, dissatisfaction with the following: (1) The action or failure to act in a particular case, (2) The manner in which a social services district generally handles its cases, (3) The social services districts’ facilities and services, or the manner in which it generally conducts it business, or (4) Other facilities or services (public or private) employed by a social services district for providing care and services for its clients.

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CHAPTER 4 – RECIPIENT/APPLICANT RIGHTS Section C – Fair Hearing Definitions

C. FAIR HEARING DEFINITIONS •

AID CONTINUING – Aid continuing means the right to have TA continued unchanged until the fair hearing decision is issued.



APPELLANT – Appellant means the party for whom the fair hearing is requested.



APPLICANT – Applicant means a person who has applied for TA.



COMMISSIONER – Commissioner means the Commissioner of New York State Office of Temporary and Disability Assistance or the Commissioner's designee.



OFFICE – Office of Temporary and Disability Assistance



DEPARTMENT – Department means the New York State Department of Family Assistance.



FAIR HEARING – Fair Hearing means a formal procedure provided by the Office upon a request made for an applicant or recipient to determine whether an action taken or failure to act by a local district was correct.



HEARING OFFICER – Hearing Officer means an attorney who is employed by the Office and designated and authorized by the Commissioner to preside at hearings.



LOCAL DISTRICT – Local district means the county Department of Social Services or the New York City Human Resources Administration (HRA).



PARTIES TO A FAIR HEARING – Parties to a fair hearing means the person for whom a fair hearing is requested and the local district or agencies whose decision, action or failure to act is subject to review at the fair hearing.



TEMPORARY ASSISTANCE – TA includes Family Assistance (FA), Safety Net Assistance (SNA), Emergency Assistance to Families (EAF), Emergency Safety Net Assistance (ESNA) and Emergency Assistance for Adults (EAA), including special grants and benefits.



RECIPIENT – Recipient means a person who is, or has been, receiving TA. Recipient includes a former recipient seeking to review a determination of a local district and who would have a right to a hearing, if such person were a current recipient.



RESTRICTED PAYMENT – Restricted payment means one of the methods of payment described in.



TASB Chapter 20, Section C including restricted money payment, indirect or vendor payment and protective payment.

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CHAPTER 4 – RECIPIENT/APPLICANT RIGHTS Section C – Fair Hearing Definitions



WITNESS – Witness means a person, other than the applicant, recipient, or the representative thereof, who presents testimony and/or documentary evidence at a fair hearing.



RESIDENT OF A TIER II FACILITY – Resident of a tier II facility means an individual, family or family member residing in a tier II facility as defined in Office Regulation 900 and TASB Chapter 27, Section E.

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CHAPTER 4 – RECIPIENT APPLICANT RIGHTS Section D – Right to a Fair Hearing

D. RIGHT TO A FAIR HEARING 1. REASONABLE PROMPTNESS – An applicant or recipient has the right to challenge certain determinations or actions of a local district or a local district's failure to act with reasonable promptness or within the time periods required by requesting that the Office provide a fair hearing. The right to request a fair hearing cannot be limited or interfered with in any way. 2. FAIR HEARING ISSUES – An applicant or a recipient of TA has a right to a fair hearing in the following situations: a. An application has been denied by the local district or the applicant has agreed in writing that the application should be withdrawn but the applicant feels that he/she was given incorrect or incomplete information about their eligibility. b. A local district has failed to: (1) Determine eligibility for TA with reasonable promptness or within the time periods required, (2) Issue or adjust the cash grant, or (3) TA has been discontinues, suspended, reduces or increased. c. The method or manner or form of payment of all or part of the TA grant has been changed, a restricted payment is being made or is being continued. d. There is an objection to the payee selected for a restricted payment. e. The TA or HEAP is inadequate. f.

Although there has been no change in the amount of the TA grant, the applicant/ recipient wishes to challenge the local district's determination that the amount of one of the items used in the calculation of the TA grant has changed.

g. There is an objection to a local district determination that the applicant or recipient is employable or to the extent of employability. h. There is an objection to the amount deducted from the initial payment of SSI as reimbursement of TA. i.

As a relative or friend of a deceased person, he/she pays for the burial arrangements of such deceased person and the claim for reimbursement is denied by the local district.

j.

There is a disagreement with the amount of a claim for the overpayment of TA, except if the amount of such claim has already been decided by a fair hearing.

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k. While participating in a work-related program or activity or under a program authorized by section 1115 of the Social Security Act and there is a complaint regarding on-the-job working conditions or workers' compensation coverage or a complaint regarding wage rates used in calculating the hours of participation in the Community Work Experience Program (CWEP). 3. ISSUES WITHOUT FAIR HEARING RIGHTS – An applicant or recipient does not have the right to a fair hearing in the following situations: a. There is a complaint about the amount of any lien taken by a local district. b. A local district has demanded restitution in accordance with the provisions of section 104 or 106-b of the Social Services Law, of TA paid, other than by a reduction of the TA grant. c. There is a complaint about the amount of a child support payment which is passedthrough. d. As a member of a class of TA recipients for whom either State or federal law requires an automatic grant adjustment, unless the reason for the appeal is the incorrect computation of the TA grant. 4. RESIDENTS OF TIER II FACILITIES – Residents of tier II facilities have a right to a fair hearing if they have been involuntarily discharged from a tier II facility after having requested and participated in a hearing, held by the facility or by the local district in which the facility is located, to determine whether they should be involuntarily discharged. If the resident does not request and participate in such a hearing, they do not have a right to a fair hearing.

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CHAPTER 4 – RECIPIENT APPLICANT RIGHTS Section E – Priority Hearings

E. PRIORITY HEARINGS 1. Priority in scheduling a hearing and determination will be provided when: a. An applicant has been denied EAF, EAA or ESNA and the applicant is appealing the denial of such benefits b. An applicant's/recipients circumstances warrant priority in scheduling and the hearing is being scheduled because of: (1) No food (2) No shelter, or shelter is imminently about to be lost or terminated (3) An inadequate or inappropriate emergency shelter placement (4) An eviction/dispossess notice (5) No fuel for heat during the cold weather period (6) A utility disconnect scheduled for a specific date (7) A utility shut-off (8) A need for rental security deposit, broker's fee and/or first month's rent, if necessary to obtain permanent housing, and failure to expedite processing will lead to loss of such housing. (9) Any other problem which is determined, in the Office’s discretion, to be an appropriate subject for priority processing and which presents a crisis situation or a threat to the applicant's/recipient's health and safety or that of his/her family. (10) Having been involuntarily discharged from a tier II facility as defined in TASB Chapter 17, Section D and having requested and participated in a hearing, held by the facility or by the local district in which the facility is located, to determine whether the involuntary discharge was correct.

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CHAPTER 4 – RECIPIENT APPLICANT RIGHTS Section F – Appellant Rights

F. APPELLANT RIGHTS 1. Appellants have the right to: a. The continuation or reinstatement of TA until the issuance of a decision in their fair hearing, to the extent authorized by this Chapter, Section H. b. Recipients have the right to request that their TA not be continued or reinstated until the fair hearing decision is issued. c. Examine the case record and to receive copies of documents in the case record which are needed to prepare for the fair hearing, to the extent authorized by and within the time periods set forth in this Chapter, Section I. d. Examine and receive copies of all documents and records which will be submitted into evidence at the fair hearing by the local district, to the extent authorized by and within the time periods set forth in this Chapter, Section I. e. The rescheduling (adjournment) of the hearing, to the extent authorized by this Chapter, Section L. f.

Be represented by an attorney or other representative at any conference and hearing, or to represent themselves.

g. Have an interpreter at any fair hearing, at no charge if the applicant/recipient does not speak English or if they are deaf. Applicants/Recipients should advise the Office prior to the date of the fair hearing if they will need an interpreter. h. Appear and participate at the conference and fair hearing, to explain their situation, to offer documents, to ask questions of witnesses, to offer evidence in opposition to the evidence presented by the local district and to examine any documents offered by the local district. i.

Bring witnesses to present written and oral evidence at any conference or fair hearing.

j.

Make a request to the local district to receive necessary transportation or transportation expenses to and from the fair hearing for the applicant/recipient and their representatives and witnesses and to receive payment for their necessary child care costs and for any other necessary costs and expenditures related to their fair hearing.

k. Have the fair hearing held at a time and place convenient to the applicant/recipient as far as practicable, taking into account circumstances such as their physical inability to travel to the regular hearing location. l.

Have the decision review by a court if the decision is not in the appellant's favor.

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m. Request the removal of the hearing officer in accordance with this Chapter, Section L.

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CHAPTER 4 – RECIPIENT APPLICANT RIGHTS Section G – Requests for a Fair Hearing

G. REQUESTS FOR A FAIR HEARING 1. A fair hearing may be requested in writing, by telephone, email, or in person. 2. 60 DAY LIMIT – A request for a fair hearing to complain about any action by the local district affecting TA, must be made within 60 days after the determination, action or failure to act about which the applicant/recipient is complaining. Where the local district's action is based on a change in State or federal law requiring automatic TA grant adjustments for classes of recipients, a request for a fair hearing must be made within 60 days after the changed grant becomes available to the recipients. 3. HOLIDAY OR WEEKEND EXTENSION – If the last day for requesting a fair hearing falls on a weekend or holiday, a hearing request postmarked or received by the Office on the day after the weekend or holiday will be considered as timely received. 4. TIER II FACILITY – A request for a fair hearing to review the involuntary discharge of a resident from a tier II facility after the resident has requested and participated in a hearing, held by the facility or local district in which the facility is located, must be made no later than 30 days after the decision of the facility or local district is rendered.

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CHAPTER 4 – RECIPIENT APPLICANT RIGHTS Section H – Aid Continuing

H. AID CONTINUING 1. RIGHT TO AID CONTINUING – For TA, the right to aid continuing exists as follows: a. Except as provided in paragraph 2 below, where the local district is required to give timely notice before it can take any action in a case, the recipient has the right to aid continuing until the fair hearing decision is issued if the request for a fair hearing is made before the effective date of a proposed action as contained in the notice of action. b. If a recipient's TA has been reduced, discontinued or restricted by the local district and they have made a timely hearing request by the effective date contained in the notice, their TA must be restored by the local district as soon as possible but no later than five business days after notification from the Office that they are entitled to have their benefits continue unchanged. c. In cases where the action is an automatic TA grant adjustment based on a change in State or federal law, the effective date for determining the right to continued TA will be deemed to be 10 days after the date the changed grant becomes available to the recipient. d. If the effective date of the proposed action falls on a weekend or holiday, a hearing request postmarked or received by the Office on the day after the weekend or holiday will be considered timely. 2. NO RIGHT TO AID CONTINUING – There is no right to aid continuing of: a. TA where the Office has determined that the sole issue is one of state or federal law or policy, or change in State or federal law and not one of incorrect grant computation, or b. Employment related child day care and supportive services to enable clients to participate in required work activities pursuant to 18 NYCRR 385. 3. REINSTATEMENT OF BENEFITS a. Where the local district is required only to give adequate notice but not timely notice and has discontinued, reduced or restricted TA, the recipient has the right to have the TA reinstated and continued until a fair hearing decision is issued only if the request for a fair hearing is made within 10 days of the mailing of the local district's notice of the action and if the Office determines that the action on the TA did not result from the application of or change in State or federal Law or policy. b. If the Office determines that the recipient is entitled to have the TA reinstated and continued in accordance with this paragraph, the local district must restore the TA as soon as possible but no later than five business days after being advised by the Office of such determination.

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c. There is no right to reinstatement for supportive child day care provided to enable clients to participate in required work activities pursuant to 18 NYCRR 385. d. If the tenth day of the mailing of the local district's notice of the action falls on a weekend or holiday, a hearing request postmarked or received by the Office on the day after the weekend or holiday will be considered timely for the purposes of reinstatement. 4. TO CONTEST EMPLOYABILITY a. When an applicant for or a recipient of TA is determined employable and a hearing is requested to contest employability within 10 days of the effective date of the local district's notice of employability, any failure to comply with employment requirements within the 10 day period or thereafter until a fair hearing decision is issued will not be considered willful non-compliance regardless of the outcome of the fair hearing. b. If the 10th day after the effective date of the local district's notice of the action falls on a weekend or holiday, a hearing request postmarked or received by the Office on the day after the weekend or holiday will be considered to be received within 10 days of the effective date of the local district notice for purposes of paragraph 4. a. above. 5. TA NOT CONTINUED – TA will not be continued pending the issuance of a fair hearing decision when: a. The recipient has voluntarily waived the right to the continuation of such assistance in writing. b. The recipient does not appear at the fair hearing and does not have a good reason for not appearing. c. Prior to the issuance of the fair hearing decision, a local district proposes to take or takes an action which affects entitlement to TA, and the recipient does not make a request for a fair hearing regarding the subsequent notice. 6. RECOVERY OF AID CONTINUING – If a TA grant is continued until a fair hearing decision is issued and the recipient loses the fair hearing, the local district may recover the benefits which the recipient should not have received. This does not apply to fair hearings to review the imposition of an employment sanction. 7. TIER II FACILITY – If a resident is involuntarily discharged from a tier II facility after requesting and participating in a hearing, held by the facility or the local district in which the facility is located, and the resident requests a fair hearing to review this determination, the resident does not have the right to remain at the facility pending the outcome of the fair hearing.

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CHAPTER 4 – RECIPIENT APPLICANT RIGHTS Section I – Examination of Case Record

I. EXAMINATION OF CASE RECORD 1. RIGHT TO EXAMINE CASE RECORD – At any reasonable time before the date of the fair hearing and also at the fair hearing, the applicant/recipient or their authorized representative has the right to examine the contents of their case record and all documents and records to be used by the local district at the fair hearing. 2. EXCEPTIONS – Except as provided in paragraph 3 below, the only exceptions to access to the case record are: a. Those materials to which access is governed by separate statutes, such as records regarding child welfare, foster care, adoption or child abuse or neglect or any records maintained for the purposes of the Child Care Review Service; and, b. Those materials being maintained separately from TA files for the purposes of criminal prosecution and referral to the district attorney's office. This exception applies only to records which are part of an active and ongoing investigatory action; and, c. The county attorney or county welfare attorney's files. 3. COMMISSION FOR THE VISUALLY HANDICAPPED RECORDS – Case records secured by the Commission for the Visually Handicapped or by a local rehabilitation agency acting on behalf of such Commission will not ordinarily be made available for examination since they contain information secured from outside sources. However, particular extracts will be furnished to the applicant/recipient or his/her authorized representative when provision of such information will be beneficial. The case record, or any part thereof, admitted as evidence in a fair hearing shall be available for review by the applicant/recipient or his/her authorized representative. 4. COPIES OF DOCUMENTS – Upon request, the applicant/recipient has the right to be provided within a reasonable time of their request, at no charge, with copies of all documents which the local district will present at the fair hearing in support of its determination. If the request for copies of documents which the local district will present at the hearing is made less than five business days before the hearing, the local district must provide such copies within three business days of the request or at the time of the hearing, whichever is earlier. 5. COPIES OF ADDITIONAL DOCUMENTS – Upon request, the applicant/recipient (a/r) has the right to be provided within a reasonable time of their request, at no charge, with copies of any additional documents which they request for purposes of preparing for their fair hearing. If the a/r requests that such documents be mailed, such documenst must be mailed within a reasonable time from the date of the request. If there is insufficient time for such documents to be mailed and received before the scheduled date of the hearing, such documents may be presented at the hearing instead of being mailed. If the request for copies of documents is made less than five business days before the hearing, the local district must provide such copies no later than at the time of the hearing.

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CHAPTER 4 – RECIPIENT APPLICANT RIGHTS Section J – Authorization of Representative

J. AUTHORIZATION OF REPRESENTATIVE 1. WRITTEN AUTHORIZATION – Except where impracticable to execute a written authorization, an individual or organization seeking to represent the applicant/recipient, other than an attorney or an employee of an attorney, must have a written authorization to represent the applicant/recipient at any conference or fair hearing and to review the applicant/recipient's case record. An employee of an attorney will be considered an authorized representative if such employee presents written authorization from the applicant/recipient's attorney or if such attorney advises the local district by telephone of such employee's authorization. 2. COPIES OF ALL CORRESPONDENCE – Once a local district and the Office have been notified that a person or organization has been authorized to represent the applicant/ recipient at the fair hearing, such representative will receive copies of all correspondence to the applicant/recipient from the local district and the Office relating to the conference and fair hearing.

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CHAPTER 4 – RECIPIENT APPLICANT RIGHTS Section K – Local District Responsibilities

K. LOCAL DISTRICT RESPONSIBILITIES 1. PROPOSED ACTIONS a. APPROVE, DENY, DISCONTINUE, REDUCE OR INCREASE – A local district proposing to approve, deny, discontinue, or reduce a TA grant, or to increase a TA grant, or to change the amount of one of the items used in the calculation of a TA grant, or to discharge a resident of a tier II facility involuntarily as defined in Office Regulation 900 and TASB Chapter 17, Section E, must review or cause to be reviewed the intended action to determine whether the intended action is correct on the basis of the available evidence included in the applicant's or recipient's case record. b. NOTICE – Where it is determined that the intended action is correct after review, the local district must send to the applicant/recipient a notice which meets the requirements of TASB Chapter 8, Section B. 2. PRE-HEARING RESPONSIBILITIES a. PROVIDE ASSISTANCE – When requested, the local district must provide assistance to applicants and recipients in making a request for a fair hearing. b. AID CONTINUING (1) Upon notification by the Office that a fair hearing has been requested and that the appellant's TA must be continued or reinstated until the fair hearing decision is issued, the local district must take immediate action to assure that the appellant's TA continues unchanged until the fair hearing decision is issued. (2) Upon receipt of such notification, if TA already has been discontinued, reduced or restricted, the local district must take whatever action is necessary to restore the appellant's TA to their previous level. Such action must be taken as soon as possible but no later than five business days from notification that the appellant's TA must continue or be reinstated. c. COPIES OF DOCUMENTS TO BE PRESENTED – Upon oral or written request, including request by telephone, the local district must provide to the appellant or appellant's representative copies of the documents to be presented at the fair hearing. Such copies must be provided within the time-frames set forth in this Chapter, Section H. Such documents must be provided without charge and must be provided to the appellant or the appellant's representative by mail, if so requested. d. COPIES FROM CASE RECORD – Upon oral or written request, including request by telephone, the local district must provide to the appellant or appellant's authorized representative copies of any documents from appellant's case file which the appellant requests for purposes of hearing preparation. Such copies must be provided within the time-frames set forth in this Chapter, Section I. Such documents must be provided without charge and must be provided to the appellant or the appellant's representative by mail, if so requested.

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e. ENCOURAGE AGENCY CONFERENCES – Encourage the use of agency conferences as specified in this Chapter, Section N. f.

TELEPHONE CONFERENCES – Local districts may provide telephone conferences upon prior approval of the Office of Administrative Hearings of the Office. The Office of Administrative Hearings may approve such requests in its discretion, where holding an in-person conference is not feasible.

g. COPIES OF ALL CORRESPONDENCE TO AUTHORIZED REPRESENTATIVE – The local district must send copies of all correspondence relating to the conference and fair hearing to the authorized representative of the appellant. 3. RESPONSIBILITIES AND RIGHTS IN THE FAIR HEARING PROCESS a. PROVIDE DOCUMENTARY EVIDENCE – The local district must provide complete copies of its documentary evidence to the hearing officer at the fair hearing and also to the appellant or appellant's authorized representative, where such documents were not provided previously to the appellant or appellant's authorized representative in accordance with this Chapter, Section I. Such documents must be provided without charge. b. ATTENDANCE AND DOCUMENTATION AT THE HEARING – Except as provided in this Chapter, a representative of the local district must appear at the hearing along with the relevant case record and a written summary of the case. Such representative must: (1) Have reviewed the case; and (2) Be prepared to present evidence in support of the action, including: (a) The case number (b) The applicable category or categories or type of TA involved (c) The names, addresses, relationships and ages of persons affected (d) The determination regarding which the hearing request was made (e) A brief description of the facts, evidence and reasons supporting such determination, including identification of the specific provisions of law, Office regulations and approved local policies which support the action (f) The relevant budget or budgets prepared by the local district for the appellant or the household of such appellant, including printouts of relevant budgets produced on the Welfare Management System (WMS) (g) A copy of the applicable action taken notice, adverse action notice, expiration notice or notice of action, including any notices produced on the Client Notices System. New York State Office of Temporary & Disability Assistance

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(h) When a client claims that he or she did not receive a Client Notices System (CNS) notice, the Fair Hearing officier will request proof of mailing of the notice. As evidenc to establish the mailing of the CNS notice in general, an affidavit is available to certify the procedures followed for these notices. The affidavit can be obtained by contacting: Mr. Michael Taber (DOH & CNS System Supports) Office of Temporary and Disability Assistance (OTDA) Division of Information Technology (518) 402-3805 mailto:[email protected] In addition to the affidavit, the local district / NYC Center should provide the hearing officier specific evidence from the CNS case recored, i.e. a screen print, that shows that the notice was processed by CNS. (3) Have the authority to make binding decisions at the hearing on behalf of the local district, including the authority to withdraw the action or otherwise settle the case. c. APPEAR ON PAPER ONLY - No later than five calendar days before the hearing date, the local district may make application to the Office of Administrative Hearings of the Office to appear at a hearing on paper only. (1) The Office of Administrative Hearings may approve such application in its discretion where the rights of the appellant can be protected and the personal appearance of the local district is neither feasible nor necessary. (2) A hearing officer may require the appearance of a representative of the local district where such appearance is necessary to protect the due process rights of the appellant. d. EXPENSES – Upon request of the appellant, the local district must provide necessary transportation and transportation expenses to and from the fair hearing for the appellant and appellant's representatives and witnesses and payment for appellant's necessary child care costs and for any other necessary costs and expenditures related to the fair hearing. e. LOCAL DISTRICT RIGHTS – Local districts have those hearing rights which appellants have as found in this Chapter, Section F.

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CHAPTER 4 – RECIPIENT APPLICANT RIGHTS Section L – Office Responsibilities

L. OFFICE RESPONSIBILITIES 1. NOTICE OF FAIR HEARING a. NOTICE – Except for hearings which are given priority in scheduling in accordance with this Chapter, Section E, at least 10 calendar days prior to the date of the fair hearing, a written notice of the fair hearing will be sent by the Office to the appellant, appellant's authorized representative and to the local district. b. INCLUDED IN THE NOTICE – The fair hearing notice will state the following: (1) The date, time, and place of the fair hearing and an explanation of how and when a change in the date and place of the fair hearing may be requested, and under what circumstances a hearing will be rescheduled if neither the appellant nor the appellant's representative appears at the hearing. (2) Whether TA must be continued unchanged. (3) The appellant's right upon request to necessary transportation or to transportation expenses to and from the fair hearing for the appellant and the appellant's authorized representatives and witnesses and for payment of the appellant's necessary child care costs and for any other necessary costs and expenditures related to the fair hearing. (4) The appellant's right to be represented at the fair hearing by legal counsel, a relative, friend or other person or to represent oneself, and the right to bring witnesses to the fair hearing and to question witnesses at the hearing. (5) The right to present written and oral evidence at the hearing. (6) That the appellant should bring the notice of fair hearing to the hearing as well as all evidence that has a bearing on the case such as books, records and other forms of written evidence, and witnesses, if any. (7) The appellant's right to review appellant's case record prior to and at the fair hearing. (8) The appellant's right upon request to obtain copies of documents which the local district will present at the fair hearing and copies of other additional documents for the purpose of preparing for the fair hearing. (9) The right of a deaf or non-English speaking appellant to interpreter services at the fair hearing at no charge. 2. SCHEDULING a. CONVENIENT TIME AND LOCATION – The fair hearing will be held at a time and place convenient to the appellant as far as practicable. In scheduling the hearing,

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the Office will consider such things as the physical inability of the appellant to travel to the regular hearing location. b. PRIORITY – Except as set forth in paragraph e below, a fair hearing which is subject to priority processing must be scheduled as soon as practicable after the request is made. In determining the date for which the hearing will be scheduled, consideration must be given to the nature and urgency of the appellant's situation, including any date before which the decision must be issued to allow for meaningful resolution of the issue under review. c. PRIORITY DETERMINATION – Except as set forth in paragraph e below, after a hearing which was scheduled on a priority basis, the decision must be issued as soon as practicable. In determining the date by which the decision will be issued, consideration must be given to the nature and urgency of the appellant's situation, including any date before which the decision must be issued to allow for meaningful resolution of the issue under review. d. ENDING PRIORITY PROCESSING – If, at the conclusion of a hearing which was scheduled on a priority basis, the hearing officer determines that the issues do not warrant continued priority processing, the hearing officer will inform the parties that the issuance of the decision will not receive priority processing. e. When a fair hearing is requested concerning the involuntary discharge of a resident of a tier II facility after such resident requests and participates in a hearing, held by the facility or the local district in which the facility is located, such fair hearing must be scheduled within seven working days of the request. The decision after the fair hearing must be issued within seven working days of the date of the fair hearing. f.

When a hearing is requested pursuant to this Chapter, Section G, the hearing will be held within 30 days of the request, unless delayed by, or adjourned at the request of, the appellant.

3. ADJOURNING THE FAIR HEARING a. REQUEST TO DELAY – Upon request of either the appellant or a local district, the fair hearing may be rescheduled, upon a showing of good cause for requesting the delay. b. ADJOURNING OR RESCHEDULING THE FAIR HEARING – When in the judgment of the Office or the hearing officer the parties' due process rights would best be served by adjourning the fair hearing, or if there are special circumstances which make proceeding with the case fundamentally unfair, the Office or the hearing officer may reschedule the fair hearing. c. REQUEST TO ADJOURN – Requests to adjourn a fair hearing must be made in accordance with the instructions in the notice of fair hearing.

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d. ADJOURNED PER APPELLANT'S REQUEST – If a fair hearing is adjourned based upon a request by the appellant, the time limit set forth in this Chapter, Section G will be extended by the number of days the fair hearing has been postponed. e. BENEFITS CONTINUED FOR RESCHEDULED HEARING – If TA is continued and the fair hearing is rescheduled for the reasons set forth above, an appellant has the right to have TA continued until the fair hearing decision is issued. 4. WITHDRAWAL OF A REQUEST FOR A FAIR HEARING a. WITHDRAWAL REQUIREMENT – The Office will consider a hearing request to be withdrawn under the following circumstances: (1) The Office has received a written statement from the appellant or appellant's authorized representative stating that the request for a fair hearing is withdrawn; or (2) The appellant or appellant's authorized representative has made a statement withdrawing the request to the hearing officer on the record at the hearing. b. INSUFFICIENT REQUEST – An oral statement by telephone or in person to a local district employee that an appellant is withdrawing a request for a fair hearing is insufficient to withdraw a fair hearing request. 5. ABANDONMENT OF A REQUEST FOR A FAIR HEARING a. REQUEST ABANDONED – The Office will consider a fair hearing request abandoned if neither the appellant nor appellant's authorized representative appears at the fair hearing unless either the appellant or appellant's authorized representative has: (1) Contacted the Office within 15 days of the scheduled date of the fair hearing to request that the fair hearing be rescheduled; and (2) Provided the Office with a good cause reason for failing to appear at the fair hearing on the scheduled date; or (3) Contacted the Office within 45 days of the scheduled date of the hearing and establishes that the appellant did not receive the notice of fair hearing prior to the scheduled hearing date. b. CASE RESTORED TO CALENDAR – The Office will restore a case to the calendar if the appellant or appellant's authorized representative has met the requirements above.

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CHAPTER 4 – RECIPIENT APPLICANT RIGHTS Section L – Office Responsibilities

6. HEARING OFFICER a. IMPARTIAL HEARING OFFICER – The hearing shall be conducted by an impartial hearing officer employed by the Office, who has not been involved in any way with the action in question. b. RESPONSIBILITIES OF THE HEARING OFFICER – To ensure a complete record at the hearing, the hearing officer must complete each of the following: (1) Preside over the fair hearing and regulate the conduct and course of the fair hearing, including at the hearing officer's discretion, requiring sworn testimony, and administering the necessary oaths. (2) Make an opening statement explaining the nature of the proceeding, the issues to be heard and the manner in which the fair hearing will be conducted. (3) Elicit documents and testimony, including questioning the parties and witnesses, if necessary, particularly where the appellant demonstrates difficulty or inability to question a witness; however, the hearing officer will not act as a party's representative. (4) Where the hearing officer considers independent medical assessment necessary, require that an independent medical assessment be made part of the record when the fair hearing involves medical issues such as a diagnosis, an examining physician's report, or a medical review team's decision. (5) Adjourn the fair hearing to another time on the hearing officer's own motion or on the request of either party, to the extent allowable. (6) Adjourn the fair hearing when in the judgment of the hearing officer it would be prejudicial to the due process rights of the parties to go forward with the hearing on the scheduled hearing date. (7) Review and evaluate the evidence, rule on the admissibility of evidence, determine the credibility of witnesses, make findings of fact relevant to the issues of the hearing which will be binding upon the Commissioner unless such person has read a complete transcript of the hearing or has listened to the electronic recording of the fair hearing. (8) At the hearing officer's discretion, where necessary to develop a complete evidentiary record, issue subpoenas, and/or require the attendance of witnesses and the production of books and records. (9) Prepare an official report containing the substance of what transpired at the fair hearing and including a recommended decision to the Commissioner. c. REMOVAL OF A HEARING OFFICER – A party to a hearing may make a request to a hearing officer that the hearing officer remove himself or herself from presiding at the hearing. New York State Office of Temporary & Disability Assistance

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(1) The grounds for removing a hearing officer are that such hearing officer has: (a) Previously dealt in any way with the substance of the matter which is the subject of the hearing except in the capacity of hearing officer; or (b) Any interest in the matter, financial or otherwise, direct or indirect, which will impair the independent judgment of the hearing officer; or (c) Displayed bias or partiality to any party to the hearing. (2) The hearing officer may independently determine to remove himself or herself from presiding at a hearing on the grounds set forth in paragraph (1) above. (3) The request for removal made by a party must include all of the following: (a) Be made in good faith. (b) Be made at the hearing in writing or orally on the record. (c) Describe in detail the grounds for requesting that the hearing officer be removed. (4) Upon receipt of a request for removal, the hearing officer must determine on the record whether to remove himself or herself from the hearing. (5) If the hearing officer determines not to remove himself or herself from presiding at the hearing, the hearing officer must advise the party requesting removal that the hearing will continue but the request for removal will automatically be reviewed by the general counsel or the general counsel's designee. (6) The determination of the hearing officer not to remove himself or herself will be reviewed by the general counsel or the general counsel's designee. Such review will include review of written documents submitted by the parties and the transcript of the hearing. (7) The general counsel or the general counsel's designee must issue a written determination of whether the hearing officer should be removed from presiding at the hearing within 15 business days of the close of the hearing. (8) The written determination of the general counsel or the general counsel's designee will be made part of the record. 7. WHO MAY BE PRESENT AT THE FAIR HEARING – The following persons may be present at a fair hearing: a. The appellant who has requested the fair hearing. b. The appellant's representative.

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c. Counsel or other representatives of the local district. d. Witnesses of either party and any who may be called by the hearing officer. e. An interpreter. f.

Any other person admitted at the hearing officer's discretion, with the consent of the appellant.

8. MEDIA ADMISSION TO FAIR HEARING a. WAIVER OF APPELLANT'S RIGHT TO CONFIDENTIALITY – The media may be admitted to a fair hearing where the appellant has made a specific waiver of appellant's right to confidentiality both in writing and on the record and has clearly and unequivocally confirmed on the record that the appellant desires and consents to the presence of the media. The waiver must be unqualified, complete, and made with full knowledge of the ramifications of the waiver, including that the waiver is irrevocable. b. EXTENT OF ACCESS – Where a waiver has been secured, the extent of any access to be granted to the media is to be determined at the discretion of the hearing officer. In determining the extent of such access, the hearing officer will consider all of the following: (1) Maintenance of proper hearing decorum. (2) Potential disruption to the proceedings. (3) Adverse effect on witnesses. (4) Impediments to the making of a proper and accurate record. (5) The physical space and conditions of the hearing room. (6) Potential disruption to the hearing officer, including impediments to the hearing officer's ability to discharge responsibilities. (7) Any other factor which, in the discretion of the hearing officer, is necessary to ensure the orderly and proper conduct of the hearing and the creation of a complete and accurate hearing record or which is necessary in order to protect confidential information where confidentiality cannot be waived by the appellant. 9. FAIR HEARING PROCEDURES a. PROCEDURES (1) At a fair hearing concerning the denial of an application for or the adequacy of TA, the appellant must establish that the local district's denial of assistance or benefits was not correct or that the appellant is eligible for a greater amount of assistance. New York State Office of Temporary & Disability Assistance

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(2) Except where otherwise established by law or regulation, in fair hearings concerning the discontinuance, reduction or suspension of TA, the local district must establish that its actions were correct. b. DECISION – The fair hearing decision must be supported by and in accordance with substantial evidence. c. RULES OF EVIDENCE – Technical rules of evidence followed by a court of law need not be applied. Irrelevant or unduly repetitious evidence and/or crossexamination may be excluded at the discretion of the hearing officer. Privileges recognized by law will be given effect. d. REPRODUCTION OR COPY OF ORIGINAL MATERIAL – Any written record or document or part thereof to be offered as evidence may be offered in the form of a reproduction or copy where such reproduction or copy is identified satisfactorily as a complete and accurate reproduction or copy of the original material. 10. CONSOLIDATED FAIR HEARINGS a. BASIS – The Office may consolidate fair hearings where two or more persons request fair hearings in which the individual issues of fact are not disputed and the sole issue in each request is an objection to: (1) Federal or State law or regulation, or local policy; or (2) A change in federal or State law. b. PRESENTING THE CASE – Each person whose case has been consolidated with another person's case has the right to: (1) Present one's own case or have one's case presented by a representative; and (2) Withdraw from the consolidated fair hearing and have an individual fair hearing. 11. THE HEARING RECORD a. CONTENTS OF THE RECORD – A written transcript or recording of the fair hearing testimony, the fair hearing exhibits, the hearing officer's official report including the recommended decision of the hearing officer, all papers and requests filed in the proceeding prior to the close of the fair hearing, and the fair hearing decision constitute the complete and exclusive record of the fair hearing. Where a decision without hearing is issued, the documents submitted by the appellant and the local district constitute the complete and exclusive record of the fair hearing. b. REVIEW OF RECORD – The exclusive record of the fair hearing is confidential; however, the exclusive record may be examined by either party or their authorized representative at the Office of Administrative Hearings, or upon request at some other location subject to the approval of the Office of Administrative Hearings.

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CHAPTER 4 – RECIPIENT APPLICANT RIGHTS Section M – Decision and Compliance

M. DECISION AND COMPLIANCE 1. ALL DECISIONS a. DECISION CONTENT – The fair hearing decision issued by the Commissioner: (1) Must be based exclusively on the fair hearing record, or in the case of a decision without hearing, on the documents submitted by the appellant and the local district. (2) Must be in writing and must set forth the fair hearing issues, the relevant facts, and the applicable law, regulations, and approved policy, if any, upon which the decision is based. (3) Must make findings of fact, determine the issues and state reasons for the determinations and when appropriate, direct specific action to be taken by the local district. (4) May address the violation of any provision of this Chapter by the local district, including but not limited to, violations of regulations concerning notice, aid continuing and provision of documents and records and set forth appropriate relief for such violations. b. FINAL AND BINDING – Upon issuance, the decision is final and binding upon local districts and must be complied with in accordance with this Section. c. NOTIFICATION – A copy of the decision, accompanied by written notice to the appellant of the right to judicial review, will be sent to each of the parties and to their representatives, if any. In addition, such notice will advise the appellant that the appellant or the appellant's authorized representative may request the Office’s assistance in obtaining compliance with the decision. 2. DECISION WITHOUT HEARING a. BASIS – Upon the Commissioner's own motion or upon request of an appellant in cases in which there is no material issue of fact to be resolved, a decision may be issued without a hearing. The determin-ation to issue a decision without a hearing rests solely within the discretion of the Commissioner. b. REQUEST FOR DECISION WITHOUT A HEARING – A request for a decision without a hearing must be accompanied by sufficient information to enable the Commissioner to ascertain whether any unresolved material issue of fact exists, and should contain a full and clear statement of the issues and of the appellant's position on these issues. c. LOCAL DISTRICT RESPONSIBILITIES – When the Commissioner determines that a decision without hearing is appropriate, the Commissioner will send the request for a decision without hearing, or the request for a hearing, along with any supporting documents to the local district involved. Within 10 business days of receipt of these

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documents, the local district must forward to the Commissioner, the appellant, and the appellant's representative, a response containing sufficient information to ensure resolution of the dispute. d. COMMENTS OR REBUTTAL BY APPELLANT – Within 10 business days of the receipt of the documents submitted by the local district, the appellant or authorized representative may submit comments or rebuttal to the Commissioner with copies to the other parties. e. RESCHEDULE FAIR HEARING – At any point after a request for a decision without a hearing has been made, if it appears that there is a material and unresolved issue of fact relating to the issue or issues upon which the hearing was requested, the appellant and the local district will be informed that a fair hearing will be scheduled upon notice to all parties. f.

DECISION – A decision without a hearing will be issued by the Commissioner based upon the papers submitted in accordance with this Section.

3. DIRECTION RELATIVE TO SIMILAR CASES – When a fair hearing decision indicates that a local district has misapplied provisions of law, Office regulations, or such local district's own State-approved policy, the Commissioner's letter transmitting such decision to such local district may contain a direction to the local district to review other cases with similar facts for conformity with the principles and findings in the decision. 4. COMPLIANCE a. 90 DAYS OR LESS – For all decisions, except those involving SNAP issues only, definitive and final administrative action must be taken promptly, but in no event more than 90 days from the date of the request for a fair hearing. b. COMPLAINT – Upon receipt of a complaint that a local district has not complied with the fair hearing decision, the Office will secure compliance by whatever means is deemed necessary and appropriate under the circumstances of the case. 5. COMPLIANCE WITH DIRECTION RELATIVE TO SIMILAR CASES – When a direction has been given to a local district to correct a misapplication of law, Office regulations or such district's own State-approved policy in all cases similar to the one in which a decision has been issued, such local district must report the actions it has taken to comply with such direction to the Office within 30 days after receipt of the direction. The local district must make such additional reports as the Office may require. 6. CORRECTED DECISIONS AND REOPENED HEARINGS a. CORRECTED DECISIONS – The Commissioner may review an issued fair hearing decision for purposes of correcting any error found in such decision. (1) After review, the Commissioner may correct any error occuring in the production of an issued fair hearing decision including, but not limited to, typographical and spelling errors.

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(2) After review, on notice to the parties, the Commissioner may correct any error of law or fact which is substantiated by the fair hearing record. (3) During the pendency of any review of an issued fair hearing decision, the original decision is binding and must be complied with by the local district in accordance with the provisions of this Section. b. REOPENED HEARINGS – On notice to all parties, the Commissioner may reopen a previously closed fair hearing record for purposes of completing such record. If such reopening occurs subsequent to the issuance of a fair hearing decision, the provisions of paragraph (3 )above apply.

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CHAPTER 4 – RECIPIENT APPLICANT RIGHTS Section N – Agency Conferences

N. AGENCY CONFERENCES 1. DEFINITION – Agency conference means an informal meeting at which an applicant or recipient may have any decision of a local district concerning the applicant's or recipient's TA, reviewed or may have any other aspect of the applicant's or recipient's case reviewed by an employee of the local district who has the authority to change the decision with which the applicant or recipient disagrees. 2. CONFERENCE BEFORE THE FAIR HEARING – At any reasonable time before the date of the fair hearing, the applicant/recipient may request that the local district schedule an agency conference before the appellant's fair hearing to review the local district's decision for which the appellant has requested the fair hearing except as provided for in paragraph 4 below. 3. CONFERENCE WITHOUT A FAIR HEARING REQUEST – Even though the applicant/ recipient has not requested a fair hearing, the applicant/recipient may request an agency conference to review any action on their case. 4. TIER II FACILITY – No agency conference is required for actions involving the involuntary discharge of residents of tier II facilities. 5. ENCOURAGE AGENCY CONFERENCES – The local district must encourage the use of agency conferences to settle disputes and complaints concerning actions regarding an applicant's or recipient's TA, in order to eliminate the need to hold fair hearings wherever the dispute can be resolved by scrutiny of documents and/or thorough investigation. 6. HOLDING AGENCY CONFERENCE – The local district must hold agency conferences when such conference is requested as provided for in this Section. The conference may not be used to inhibit the appellant's right to a fair hearing. Agency conferences must be scheduled before the date of the fair hearing. 7. NECESSARY INFORMATION AND DOCUMENTATION – The local district must bring the necessary information and documentation to any agency conference, including a telephone conference, to explain the reason for the agency determination and to provide a meaningful opportunity to resolve the problem. 8. REPRESENTATIVE MUST ATTEND – Except for telephone agency conferences approved according to paragraph (9) below, a representative of the local district must appear with the case record at the agency conference. Such representative must have reviewed the case and must have the authority to make binding decisions on behalf of the local district, including the authority to withdraw the intended action. 9. TELEPHONE CONFERENCES – Local districts may provide telephone conferences upon prior approval of the Office of Administrative Hearings of the Office. The Office of Administrative Hearings may approve such requests in its discretion, where holding an in- person conference is not feasible.

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Note: This approval is not intended to require a local district to request Office permission in order to have day to day discussions of a case with a client by telephone. Nor is it intended to cover the situation where a client formally requests an agency conference and for reasons such as disability, the client requests that the conference be conducted by telephone. Prior approval of telephone conferences is meant to apply to situations where a local district has found that it would not be feasible to offer in-person conferences to a particular group of clients or for a particular class of actions it intends to take. In such situations application for approval of telephone conferences should be sent to the Office of Administrative Hearings. 10. COPIES OF CORRESPONDENCE – The local district must send copies of all correspondence relating to the conference and fair hearing to the authorized representative of the appellant.

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CHAPTER 4 – RECIPIENT APPLICANT RIGHTS Section O – Civil Rights

O. CIVIL RIGHTS No local district or official shall establish or apply any policy or practice which would have the effect of discriminating against an individual because of race, color, national origin, age, sex, religion, sexual orientation, or handicap (physical or mental impairment). This prohibition shall apply to all aid, care, services, benefits, or privileges provided directly or indirectly by other agencies, organizations or institutions participating under contractual or other arrangements. 1. In the provision of TA, child welfare services, other care and services, no local district or any member of his/her staff shall, on the basis of race, color, national origin, age, sex, religion, sexual orientation, or handicap physical or mental impairment): a. Deny any individual any aid, care, services, other benefits or privileges provided by the local district. Provide any aid, care, services, other benefits or privileges to an individual which are different, or are provided in a different manner, from that provided to others. b

Subject an individual to segregation or separate treatment in any manner related to his receipt of any aid, care, services, other benefits or privileges.

c. Restrict an individual in any way in the enjoyment of any advantage or privilege enjoyed by others receiving any aid, care, services, other benefits or privileges. d. Treat an individual differently from others in determining whether he satisfies any eligibility or other requirement or condition which individuals must meet in order to receive any aid, care, services, other benefits or privileges. e. Deny any individual an opportunity to participate in a program through the provision of services or otherwise afford him an opportunity to do so which is different from that afforded others under the program (including the opportunity to participate in the program as an employee where the primary objective of the program is to provide employment, including a program under which the employment is provided to reduce unemployment). f.

Make distinction in relation to use of physical facilities, intake and application procedures, caseload assignments, determination of the amount and type of aid, care, services and other benefits under the program and use thereof.

g. No local district or official shall establish any employment policy or practice which would have the effect of discriminating against an individual because of race, color, national origin, age, sex, religion, sexual orientation, or handicap (physical or mental impairment). Note: If an individual believes that he/she is being discriminated against because of religion, race, color, sex, handicaps, religious creed, national origin, sexual orientation, or political beliefs, he/she should complain to his/her local Department of Social Services, or to the State Office of Temporary

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and Disability Assistance, or to the Office of Civil Rights in the U.S. Department of Health and Human Services, 26 Federal Plaza, New York, New York 10007. If necessary, a hearing will be held.

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CHAPTER 4 – RECIPIENT APPLICANT RIGHTS Section P – Americans with Disabilities Act

P. AMERICANS WITH DISABILITIES ACT (ADA) ACCESS BY PERSONS WITH PHYSICAL AND/OR MENTAL DISABILITIES (06 ADM-05) 1. Background The Federal Americans with Disabilities Act (ADA), enacted July 26, 1990, provides comprehensive civil rights protections to persons with disabilities in the areas of employment, public accomodations, state and local government services, and telecommunications. The Personal Responsibility and Work Opportunity reconciliation Act (PRWORA), the federal Welfare Reform law, specifically provides that section 504 and the ADA apply to any program or activity receiving federal TANF funds, 42 U.S.C.A. sections 608(d)(2) and (3), respectively. In addition, Office regulations (Part 303 of 18 NYCRR) prohibit districts from discriminating against a person because of race, color, national origin, age, sex, religion or handicap (physical or mental impairment). Part 3303.7 of 18 NYCRR extends the definition of the term handicap to include those persons having Acquired Immune Deficiency Syndrome (AIDS), testing positive for human immunodeficiency virus (HIV) infection or being perceived as susceptible to AIDS or HIV infection. For further information and instruction see: 06 ADM-05 “Providing Access to Temporary Assistance Programs for Persons with Disabilities and/or Limited English Proficiency”. Note: Additionional information can be found in informational pamphlet: LDSS 4148A “What You Should Know About Your Rights and Responsibilities”.

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CHAPTER 4 – RECIPIENT APPLICANT RIGHTS Section Q – Access by Persons with Limited English Proficiency (LEP)

Q. Access by Persons with Limited English Proficiency (LEP) (06 ADM-05) 1. The TA applicant/recipient population encompasses people with many different native languages and varying abilities to communicate in English. Persons with LEP must be able to apply for benefits, programs and services without undue hardship. To assist applicants and recipients with Limited English proficiency, application and certification materials have been translated into Spanish, Russion, Chinese, Haitian-Creole and Arabic. Certain client informational materials also have been translated into those languages as well as French, Korean Vietnamese and Yiddish. 2. Districts should assign a staff person to serve as an LEP contact, who will be responsible for monitoring investigation and resolution of complaints and for overseeing procedures that ensure access to benefits, programs and services. 3. No person shall be denied access to an application for benefits, programs or services based on a district’s inability to provide adequate interpretation services. Persons with LEP must be able to apply without undue hardship. 4. If an applicant/recipient is a person with LEP, the district is responsible for obtaining a qualified interpreter. District staff should be reminded that an applicant/recipient has the choice to use a relative or friend as an interpreter. If the applicant/recipient does not choose this option or no bilingual staff interpreter is available, the district must set up an appointment for the applilcant/recipient to return and must arrange for an interpreter or other interpretive services; e.g., Language Line Services, to be available at the appointment. However, applicants/recipients are not required to bring their own interpreter, and no person may be denied access to benefits, programs or services because of a district’s inability to provide adequate interpreters. 5. Districts must protect the filing or application date and adhere to required application interview time frames. 6. Districts must document all of the following in the case record: a. If an interpreter was requested by the applicant/recipient and if so, the date the interpreter was requested. b. If the district offered to provide an interpreter without the applicant/recipient having made a request for such services. c. Whether the applicant/recipient agreed to use the interpreter provided by the district and if the applicant/recipient agreed to use such an interpreter, how the services were or will be provided. d. If the applicant/recipient declines/refuses to use the district’s interpreter or interpreter services and brings his or her own interpreter. 7. When an applicant/recipient with LEP calls or visits the district office in person the district must complete the following:

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a. Ask the person what language he/she speaks (many persons know english well enough to answer the question). b. If the person is unable to answer the question, attempt to identify the applicant’s/ recipient’s language by having him/her point to the language on a poster or Interpreter Services Desk Guide. c. Once the language is identified, solicit (if available) the aid of an on-site bilingual staff person to assist as an interpreter. The district should not seek the aid of a bilingual applicant or recipient. Relatives or friends of the applicant/recipient may be used if the applicant/recipient requests and the district determines that the relative of friend is capable of interpreting. d. Refer to the district’s specific procedure for providing access to LEP persons if no qualified interpreter is available on-site. e. Be sure that the applicant/recipient understands the date, time and location of the new appointment if a return appointment is required. f.

Address any emergency/immediate needs prior to scheduling a return appointment.

g. Document in the case record the language of the LEP person, whether the LEP person chose to use his/her own interpreter, and/or whether a request for an interpreter was made, so that an interpreter can be scheduled, if necessary, for any future appointments. h. Document each attempt to contact an interpreter and if the interpreter appeared in person or by telephone. i.

Districts must ensure that persons acting as interpreters for persons with LEP understand their obligation to maintain clilent confidentiality.

8. Districts should make interpreter services desk guides available to workers. 9. Districts must post the “Interpreter Services Poster” (PUB-4842) in all TA benefits client areas.

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CHAPTER 4 – RECIPIENT APPLICANT RIGHTS Section R – Constitutional Rights

R. CONSTITUTIONAL RIGHTS CONSTITUTIONAL AND STATUTORY RIGHTS OF APPLICANTS AND RECIPIENTS – Any investigation or reinvestigation of eligibility shall be conducted in a manner that will not result in practices that violate an applicant's or recipient's constitutional rights. An applicant or recipient shall be permitted to appear with an attorney or other representative at any interview or conference with a representative of a local district, whenever such interview or conference relates to questions of eligibility for TA and care, or the amount to which the person interviewed is or was entitled.

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CHAPTER 4 – RECIPIENT APPLICANT RIGHTS Section S – Confidentiality & Disclosure of Information

S. CONFIDENTIALITY AND DISCLOSURE OF INFORMATION 1. PROHIBITION AGAINST DISCLOSURE OF INFORMATION a. Except in limited circumstances, Section 136 of the Social Services Law specifically prohibits the disclosure of whether a person has applied for, is receiving or has received temporary assistance, or from disclosing personal information provided to social services officials by TA applicants or recipients. b. The Social Services Law permits the disclosure of information only when such information will be used for purposes directly related to the administration of these programs. These purposes include determining whether someone is eligible for benefits, and the type and amount of benefits to be provided. c. Officers and employees of local districts shall not reveal information obtained in the course of administering TA for purposes other than those directly connected with the administration of TA, except for the name, address and the amount received by or expended for a recipient of TA when the appropriating body or local district has authorized their disclosure to an agency or person deemed entitled to it pursuant to section 136 of the Social Services Law. d. Any release of information which would reveal that a person has been the subject of an HIV-related test, or has HIV infection, HIV-related illness or AIDS, is subject to the provisions of section 2782 of the Public Health Law. In accordance with such section, confidential HIV-related information relating to a recipient of a health or social service as defined in section 2780 of the Public Health Law, may be disclosed to authorized employees to supervise, monitor, administer or provide such service and such employees would, in the ordinary course of business, have access to records relating to the care of, treatment of or provision of a health or social service to such recipient. e. Each local district shall designate the person, or persons, within the local district with authority to disclose information. 2. NATURE OF INFORMATION TO BE SAFEGUARDED – 18 NYCRR Part 357 addresses the nature of information that is to be safeguarded, the prohibition against disclosure of information, the basis for disclosure of information, the prohibition against improper use of lists of applilcants/recipients and the procedures for safeguarding information maintained by NYS OTDA, SSDs and authorized agencies. a. SSDs must disseminate to staff a policy and procedures manual addressing the confidentially or records, as detailed in this Part, including the disciplinary actions for violations of confidentiality statutes, regulations and policies. 3. BASIS FOR DISCLOSURE OF INFORMATION a. Safeguards in Disclosing Information – Information shall be released to another agency or person only when the local district providing such data is assured of all of the following:

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(1) The confidential character of the information will be maintained. (2) The information will be used for the purposes for which it is made available, such purposes to be reasonably related to the purposes of the social services programs and the function of the inquiring agency. (3) The information will not be used for commercial or political purposes. b. Disclosure of Medical Information – The medical information supplied directly by a physician, dentist or nurse, as well as by hospital or clinic reports, shall be considered a confidential communication and shall be released to another agency only with the specific consent of the patient, if competent. c. Disclosure to Applicant, Recipient, or Person Acting on His/Her Behalf (1) The case record shall be available for examination at any reasonable time by the applicant or recipient or his authorized representative upon reasonable notice to the local district. The only exceptions to access are: (a) Those materials to which access is governed by separate statutes, such as child welfare, foster care, adoption of child abuse or neglect or any records maintained for the purposes of the Child Care Review Service. (b) Those materials being maintained separate from TA files for purposes of criminal prosecution and referral to the district attorney's office. (c) The county attorney or welfare attorney's files. (2) Information may be released to a person, a public official, or another social agency from whom the applicant or recipient has requested a particular service when it may properly be assumed that the client has requested the inquirer to act in his behalf and when such information is related to the particular service requested. d. Disclosure to Relatives – The duty of the local district to investigate the ability and willingness of relatives to contribute support imposed by Section 132 of the Social Services Law and the liability of legally responsible relatives for support imports that the agency may inform them of the basic circumstances of the applicant's needs insofar as may be necessary and in a discussion looking to a contribution of support of the amount of the applicant's needs and income. Such a relative is a "person . . . considered entitled to such information." (See Social Services Law, 136, subdivision 2). e. Disclosure to Federal, State or Local Official (1) Information may be disclosed to any properly constituted authority. This includes a legislative body or committee upon proper legislative order, an administrative board charged with investigating or appraising the operation of social services, law enforcement officer, grand juries, probation and parole officers, government New York State Office of Temporary & Disability Assistance

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auditors, and members of social services boards, as well as the administrative staff of social services agencies. (2) Information may be released to a selective service board when such information is necessary in order that the board may arrive at a valid and consistent decision regarding dependency. f.

Disclosure Upon Subpoena by Court (1) When a TA record is subpoenaed by court, the local district shall immediately consult its legal counsel before producing any record or revealing any information or giving any testimony. (2) When the subpoena is for a purpose directly related to the administration of TA or protection of the child, the local district, before complying with the subpoena, shall endeavor to get in touch with the client whose record is involved or his/her attorney and secure permission to reveal the contents of the record which relate to the administration of TA. (3) In the event that the subpoena is for a purpose not directly related to the administration of TA or the protection of a child, the local district shall plead, in support of its request to withhold information, that the Social Security Act, Social Services Law and the regulations of the Office of Temporary and Disability Assistance prohibit disclosure of confidential information contained in records and files, including names of clients. The local district will be governed by the final order of the court after this plea is made.

g. Disclosure to Bona Fide News Disseminating Firm – The written assurance required by Section 136 (of Social Services Law) that the names and addresses of applicants and recipients of assistance shall not be published shall be obtained by the local district before allowing examination of records of disbursements by that bona fide news disseminating firm. 4. ACCESS OF CASE RECORDS IN CONNECTION WITH A FAIR HEARING REQUEST OR ACCESS OF RECORDS IN CONNECTION WITH HOUSEHOLD, ELIGIBILITY AND TEMPORARY ASSISTANCE PAYMENTS a. The "case file" or "case record" for access purposes includes all paper records and machine readable data that can readily be converted to a comprehensible paper record relating to an individual's receipt of Safety Net Assistance, Family Assistance, Medical Assistance, Emergency Assistance, Child Support Enforcement or Title XX services. A simple test for whether a particular file is covered is whether it is filed under the name of the requesting individual. Access to these records shall be granted only to the person to whom they pertain or his or her authorized representative. b. In the case of records which relate generally to a household, eligibility and temporary assistance payment records shall be made available to any member authorized to act on behalf of that household.

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c. Any records which are in fact maintained by the local district with respect to an individual are subject to access by that individual whether or not the records are required to be maintained. d. Medical records, whether or not they are marked "confidential", must be made available for review. The only exceptions to access are: (1) Those materials to which access is governed by separate statute, such as child welfare, foster care, adoption or child abuse or neglect or any records maintained for the purpose of the Child Care Review Service. (2) Those materials which are being maintained separate from TA files for purposes of a criminal prosecution and referral to the District Attorney's office (3) The County Attorney or Welfare Attorney's files. e. If the case file review is in connection with a fair hearing and documents from a particular file not ordinarily open to the client will be used at the fair hearing by the local district, then the entire file from which those documents are taken must be open to inspection. This provision will enable the client to inspect the file for possible exculpatory evidence. f.

Fraud files being maintained separate from the TA files for possible referral to the DA's office shall not ordinarily be available for inspection. However, if the local district intends to use information from the fraud file in the fair hearing context, the entire file shall be open to review.

g. Procedures (1) If the local district receives a request for a review of a particular file, only that file need be produced. If, however, a general request for review is made with no specificity, every file pertaining to the requesting individual should be identified and gathered for that individual's review. (2) An appointment schedule may be set up for the purpose of case file review. If there are difficulties in locating the file, the client or his representative must be called. Note: No more than five working days should elapse between the date of receipt of request for review and notification that either the file is not yet located or the file is available at a specific date, time and place for review. (3) At the time of review, proper identification from a person requesting the file must be obtained; an applicant must present a fair hearing notice or some other form of identification; a recipient must present an ID card or notice of fair hearing and an attorney, paralegal or representative must present authorization signed by the applicant or recipient and,

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(4) The option of allowing the client to make copies of documents from the file will rest with the local district. It is suggested that copying be allowed if the request is reasonable and copying facilities are available. The local districts may charge a fee up to $.25 per page for copying. h. Personal Privacy Protection Law The State's Personal Privacy Protection Law, which took effect September 1, 1984, requires the Office to inform every person, from whom the Office receives information collected by the local district, why it was requested and how it will be used. This information will be relevant and necessary to accomplish a purpose of the Office that is required by statute or executive order, or to implement a program specifically authorized by law. (1) Access and/or Amendment to Records - The law provides that: (a) Persons about whom information is obtained are generally entitled to access to that information. (b) State agencies give persons the opportunity to correct misinformation that is maintained in their files. (c) The Office answer all requests for access to records within five business days after receipt either by providing access, denying access or acknowledging receipt of the request. (d) Requests for amendments to records be acted upon within thirty days of receipt of the request. i.

Client Requests For Access or Information – Information contained in the WMS computer system is considered a State record. Therefore, requests for access and/or amendment to records or information regarding the Law must be made by writing to: Office of Public Information (PIO) NYS Office of Temporary and Disability Assistance 40 North Pearl Street Albany, New York 12243

j.

Statement of Disagreement – Paper records maintained by local districts are generally not directly subject to the law. However, if a person wishes to amend his/her records, and that request is denied, in whole or in part, the individual has the right to file a statement of disagreement. This statement of disagreement is then placed in the paper record of the local district, in the files of the PIO and in the appropriate division, becoming a permanent part of the data subject's file. Since the nature of the WMS system precludes the placing of such a statement into the computerized records, a paper file must be maintained at the local district level and a copy of the Statement of Disagreement placed in it.

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CHAPTER 4 – RECIPIENT APPLICANT RIGHTS Section S – Confidentiality & Disclosure of Information

k. Client Notification – DSS-4148A "What You Should Know About Your Rights and Responsibilities" advises applicants and recipients of the Personal Privacy Protection Law.

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CHAPTER 4 – RECIPIENT APPLICANT RIGHTS Section T – Professional Standards for Dealing with Applicants/Recipients

T. PROFESSIONAL STANDARDS FOR DEALING WITH APPLICANTS/ RECIPIENTS 1. Each local district is legally bound to insure that programs are administered in a fair and humane manner. 2. Client Interviews – Client interviews should be conducted in areas in which reasonable privacy is afforded and in an atmosphere that is as non-threatening to the client as possible. Every effort to maintain client confidentiality must be undertaken. Also, to the extent practicable, client interviews should be scheduled in a way which will minimize waiting and which will result in a minimum number of return visits. Waiting rooms should be as comfortable as possible, with convenient access to rest rooms, water fountains, etc. 3. During an initial client contact it is particularly important that the individual be treated courteously and be provided with a maximum amount of information regarding benefits available, required documentation, and that individual's responsibilities with regard to ongoing eligibility. Initial contact is the beginning of a formal process. Appropriate and required documentation of all such contacts and their disposition should be maintained. Written notice of denials must be provided to applicants. 4. Non-English Speaking Clients – It is the responsibility of local districts to make arrangements to provide translators for individuals who are not fluent in English. No person shall be denied access to services based on a local district's inability to provide adequate translation. 5. Timeliness – Client eligibility determinations should be made as expeditiously as possible and in every case in conformity with applicable requirements. 6. Responsiveness to Client Inquiries – Local district employees should be responsive to requests from clients regarding their case or their situation. With regards to adverse case actions, local district employees should be able to explain to the individual why that action occurred and what remedies are available to that individual.

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REFERENCES 303.1 339 351.1 355.1(a) 355.1(b) 355.2(a) 356.1 356.1(a) 356.2 356.2(a) 356.3 357 358-2 358-2.4 358-3.1 358-3.2 358-3.4 358-3.5 358-3.6 358-3.7 358-3.8 358-3.9 358-4.1 358-4.2 358-4.3 358-5 358-6 387.21 06 ADM-05 90 ADM-41 86 ADM-26 85 ADM-8 81 ADM-40 89 INF-71 88 INF-83 86 INF-35 03 LCM-08 02-LCM-07 91 LCM-89 90 LCM-192 90 LCM-32 89 LCM-215 Social Security Act Section 1137

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Related Item 03INF-9 93INF-26 91INF-60 90 INF-65 SNAPSB – Section 8 - Aid Continuing Facilities (TASB) SNAPSB – Section 8 - Local District Responsibility 355.1 SNAPSB Section 8 – Recipient/Applicant Rights Section 7 – Adverse Action Notice

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CHAPTER 5 – INITIAL ELIGIBILITY Section A – Investigation

CHAPTER 5: INITIAL ELIGIBILITY A. INVESTIGATION Investigation is a continuous process which is concerned with all aspects of eligibility for TA or care from the period of initial application to case closing. Investigation means the collection, verification, recording and evaluation of factual information on which basis a determination is made of eligibility and degree of need or of ineligibility for any form of TA or care.

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B. FRONT END DETECTION SYSTEM (FEDS) FEDS is a procedure designed to identify intentionally fraudulent or inadvertently erroneous information supplied by an applicant for assistance before that applicant is found eligible for benefits. FEDS provides cost avoidance savings, reduces the number of instances of erroneous eligibility determinations, and saves time for districts. The appropriate eligibility worker must refer applicants for assistance to the investigative unit in accordance with criteria set forth in the local district's approved Front End Detection System (FEDS) plan. Each district must have on file with the OTDA/Program Integrity, an approved FEDS plan identifying the FEDS indicators that will be investigated and explaining how FEDS referrals are made, investigated, and resolved. Referrals to the investigative unit must not delay the eligibility determination process beyond the timeframes established by Social Services Law. 1. BACKGROUND – Chapter 41 of the Laws of 1992 mandated that each local district establish a Front End Detection System (FEDS) for TA. Each local district must establish a FEDS plan for TA cases. Although not specifically required in State law, the Office recommends inclusion of NTA/SNAP cases, MA only cases and childcare cases in the FEDS process. The FEDS process requires that local districts investigate applicant statements and documents, over and above what is the usual verification practice in the application interview. 2. ROLE OF ELIGIBILITY WORKER – During the interview process, the worker must review the application and its accompanying documents and notes from the interview for the presence of FEDS indicators. a. Eligibility workers detect the presence of FEDS indicators by reviewing various documents related to the application such as the: (1) (2) (3) (4)

Application Clearance report Verification documents submitted by the applicant Past case record

b. If indicators are present, the worker must make a timely and appropriate referral to the investigative unit by accurately completing a FEDS referral form. Applications with indicators must be referred even if the eligibility worker suspects that the applicant may fail to comply with a part of the application process in the future, such as failure to comply with employment job search and or drug/alcohol assessment. c. Workers must ensure that FEDS referrals are clear, concise, and easily readable. They must also provide any information that could add to the safety or efficiency of the investigator’s communication with the applicant. For example: an eligibility worker is referring an applicant to the investigative unit for FEDS because the applicant does not have a utility bill in his/her own name and the residency appears questionable. During the application interview, the applicant states he/she has a bad credit history with the utility provider. The eligibility worker should indicate this on the New York State Office of Temporary & Disability Assistance

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referral. d. Eligibility workers must notify FEDS investigators immediately of: (1) The action taken on an application, so that monthly FEDS reports can be completed timely and proper cost avoidance savings can be applied. (2) Any important changes to the application, such as address change, withdrawal of the application, or denial. (3) Any action taken by the worker on the application that differs from the investigator’s recommendation on the report investigation, and the reason the eligibility worker did not follow the investigator’s recommendations. Investigators make recommendations regarding application action; however, eligibility workers make the final eligibility determination. e. Once a FEDS investigator returns the report of investigation to an eligibility worker, the eligibility worker determines whether the application should be approved, denied or if the case is already opened, the budget reduced, and sends proper notice to the applicant f.

While FEDS is not required for NTA/SNAP households, the process does apply to the SNAP part of a TA application. The worker must take the appropriate SNAP action for any information discovered during the FEDS investigation of the TA case.

g. FEDS referrals must be handled expeditiously so that the worker can know the results of the investigation before the case is opened. h. Receipt of benefits cannot be delayed because of this process. Benefits must be issued by the 30th day for FA and by the 45th day for SNA. i.

Receipt of expedited supplemental nutrition assistance program (SNAP) cannot be delayed because of this process.

j.

Receipt of emergency benefits cannot be delayed because of this process. When an applicant has an emergency situation and the worker has identified FEDS indicators that must be investigated, the local district must not delay meeting the applicant’s emergency need(s) or application approval because a FEDS investigation is not complete. Districts should complete and resolve the FEDS investigation before recurring benefits begin.

3. DEVELOPMENT OF FEDS PLANS – Each local district must establish a FEDS plan for TA cases. Should local districts wish to develop plans for NTA/SNAP cases, they may be included in the TA FEDS plan, or may be submitted separately. Whenever major changes are made in an operational plan, an addendum must be submitted for approval. A major change would be any item which impacts on the actual operation of the FEDS program, such as a modification in the targeted investigative turnaround time frames or the addition or deletion of indicators requiring FEDS referral. The plan must be submitted according to the format in 05-ADM-08. The optional referral

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indicators relating to the income/resources, residence and identity of the applicant are found in Office Reg. 348.7. Plans must be submitted at least 60 days prior to the anticipated implementation date. Once a local district has an approved plan, amendments to the approved plan must also be submitted 60 days in advance of its implementation date for review and approval. All plans and plan amendments must be submitted to: New York State Office of Temporary and Disability Assistance Audit and Quality Control - Program Integrity Riverview Center, 4th Floor Albany, New York 12243 The plans will be reviewed to assure that minimum standards for processing referrals are met. If assistance is needed in developing a FEDS plan, contact the Office's Program Integrity Unit at 518-402-0127. 4. CLIENT RIGHTS/FEDS a. The FEDS program is geared towards reducing inappropriate TA costs at application. It is important that these reductions not occur at the expense of applicants who are properly eligible for benefits. A FEDS referral in no way constitutes evidence that an applicant is committing fraud; it is a tool that prompts local districts to look further into questionable information received at application. There will be many applicants whose circumstances will require a FEDS referral based on meeting one or more FEDS indicators. Applicants must always be afforded an opportunity to explain their circumstances when one or more indicators are present. If eligibility workers are not confident that the circumstances of the indicator have been explained or supported adequately, the application must be referred for a FEDS investigation. If eligibility workers are confident of the explanation and the circumstances are supported adequately, then a FEDS referral is not necessary. But it should be documented in the case record why the indicator was not referred for a FEDS investigation. For example, a local district may include as referrals those persons who have a post office box and self-employed individuals. For example: (1) The client who has a post office box may live in a high crime area or on a rural delivery route. The reason for the post office box is legitimate, and the circumstances are supported, therefore, no FEDS referral is necessary. The worker must document in the case record why the application was not referred for a FEDS investigation. (2) The self-employed individual does not have precise or adequate tax and /or business records. Since the self employment income cannot be identified or verified, the application must be referred for a FEDS investigation. 5. HOME VISITS AND OFFICE VISITS – A home visit or office visit may be conducted by the FEDS investigator for TA applications.

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The home visit by an investigator is one of the tools available for obtaining a total picture of an applicant's situation. Normally, home visits are made after other tools, such as computer checks and collateral contacts have been used. Aside from possible fraud, the investigator can observe the need for services to develop parenting skills, or whether the residence has obvious health and safety defects that should be reported to the appropriate staff. a. A home visit to an applicant by an investigator must ordinarily be conducted only during normal business hours, unless the applicant's circumstances make such scheduling impractical. b. The investigator must properly identify him or herself. c. A home visit may be conducted without advance notice to the applicant. d. Consent by the applicant to an unannounced visit must not be considered permission to search the premises. However, the investigator may question the applicant about people or objects in plain view. e. If the applicant declines to cooperate in an unannounced visit, that cannot provide the basis for denying the application for assistance. The investigator must not lead the client to believe that failure to cooperate in a home visit will result in a denial. f.

If the applicant does not cooperate in an unannounced home visit, the FEDS investigator may schedule an appointment with the applicant to continue the FEDS investigation.

g. If an office interview is scheduled rather than a home visit, every effort must be made to prevent client hardship. The scheduled time must be reasonable and defendable at a fair hearing. If the applicant would find it difficult to make the scheduled office appointment, alternate arrangements should be made, such as providing for transportation. 6. SYSTEM IMPLICATIONS – Action on an application for failure to comply with the FEDS process should utilize one of the notices below. This would include a denial as well as a closing (for those cases when a FEDs investigation was not concluded timely and the case was opened). a. Upstate (1) Upstate – TA Action CNS Code N15 Failure to Keep Appointment EVR/FEDS [Scheduled] Home Visit CNS Code W10 Failure to Keep Investigatory Appointment [Office Interview] CNS Code V21 Failure to Provide Verification (2) Upstate – SNAP Action (If the district has approved SNAP-FEDS plan) CNS Code V21 Failure to Provide Verification Note: When using V21, districts are providing proper notice to the applicant by specifying what has not been verified. The V21 code offers the eligibility worker a list of selections of what has not been New York State Office of Temporary & Disability Assistance

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verified, as well as an “other” box that allows the eligibility worker to explain an item that is not available from the selections. It is imperative that the applicant is informed specifically in the denial notice of what has not been verified. b. NYC (Note: New York City does not do FEDS for SNAP application) (1) NYC – TA Action – Denial There are no case level denials in CNS for TA, so a manual denial notice would be sent with one of the following reasons written in: 245 – Fail to Keep EVR Appointments 246 – Ineligible Based upon EVR Evaluation 285 & 286 – Other (for Failure to Verify situation) (2) NYC – TA Action – Closing CNS Code N15 Failure to Keep Appointment EVR/FEDS [Scheduled] Home Visit CNS Code E18 Failure to Keep EVR Office Appointment (Failure to Verify codes can be found in the “Worker’s Guide to Codes”)

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CHAPTER 5 – INITIAL ELIGIBILITY Section C – Responsibility for Furnishing Information

C. RESPONSIBILITY FOR FURNISHING INFORMATION 1. LOCAL DISTRICT – The local district shall a. Provide applicants, recipients, and others who may inquire, with clear and detailed information concerning TA programs, eligibility requirements, methods of investigation, and benefits available under such programs. Note: In order to fully comply with the provisions of 45CFR Part 84, which was issued to effectuate Section 504 of the Rehabilitation Act of 1973, each district must provide information in a manner that is accessible to blind or deaf applicants or recipients. b. Inform each applicant and recipient, at the time of application and subsequently, of such person's initial and continuing responsibilities to provide accurate, complete and current information on his/her needs income and resources as well as the whereabouts and circumstances of responsible relatives. c. DSS-4148A "What You Should Know About Your Rights and Responsibilities", DSS4148B "What You Should Know About Social Services Programs", and DSS-4148C "What You Should Know If You Have An Emergency" contain the required information outlined in paragraphs a and b above. d. General Requirements: The Client Information Books must be distributed at the same time that the Application (LDSS-2921) is distributed. Specifically: ACTION The Application (LDSS-2921) is mailed or given in person; the face-to-face certification eligibility interview is scheduled to follow

REQUIREMENTS Client Books must be mailed or given with the application.

The Application (LDSS-2921) or the SNAP Application Statement for SSI Recipients and Group Living Residents (DSS-4826) is mailed. No face-to-face certification interview is required.

Client Books must be mailed with the application form.

2. APPLICANT/RECIPIENT – The applicant/recipient shall Furnish evidence to provide verification (see TASB Chapter 5, Section E) of those factors which affect eligibility and the amount of benefit, including: a. Identity b. Residence c. Family composition - For each member of the household for whom an application for assistance is made the following information must be furnished: New York State Office of Temporary & Disability Assistance

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(1) (2) (3) (4) (5) (6) (7) (8) (9)

Name Date of birth Sex Relationship to other members of the household Veteran status Marital status if 16 years of age or over If any person is pregnant, the anticipated date of delivery If the applicant is employed, the expenses incident to such employment. For each member of the household not applying for assistance, the name and relationship of such individual to those applying for assistance must be furnished. (10) Rent payment or cost of shelter (11) Income from any source (351.1) (12) Savings or other resources and (13) Lawful residence in the U.S., if the recipient is an alien. (14) Apply for and utilize any benefits or resources that will reduce or eliminate the need for TA or care Note: This includes Veterans Benefits as specified in TASB Chapter 19, Section O d. Make a timely report to the local district of any changes in his or her needs and resources. A report will be considered timely if made within 10 days of the changes. A report to the local district concerning changes in income will be considered timely if made within the timeframes specified in TASB Chapter13, Section A-9 e. Assure that for each member of the household for whom an application for assistance is made or any other individual whose needs are considered in determining the amount of assistance, apply for and provide a social security number as a condition of the household's eligibility for TA. 3. DISCLOSURE OF INFORMATION TO LAW ENFORCEMENT a. The Welfare Reform Act of 1997 amended Section 136 of the Social Services Law to require local districts to disclose certain information to law enforcement officials. (1) Office Regulation 357.3(e) requires local districts to provide addresses of recipients of FA, SNA or CAP to a federal, state or local law enforcement officer under the conditions listed. (2) In addition, a local district official must report known or suspected instances of physical or mental injury, sexual abuse or exploitation, sexual contact with a minor or negligent treatment or maltreatment of a child to a law enforcement agency or other appropriate agency or official. (3) A local district official may also communicate with the United States Citizenship and Immigration Service (USCIS) regarding the immigration status of any individual. b. The conditions under which the local district would be required to disclose information include: New York State Office of Temporary & Disability Assistance

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(1) The officer furnishes the local district with the recipient’s name and, (2) The officer's duties include the location or apprehension of the recipient and, (a) The officer notifies the local district the recipient is fleeing to avoid prosecution, custody or confinement after conviction of a crime or an attempt to commit a crime which is a felony under the laws of the place from which the recipient is fleeing. In the case of New Jersey the crime is a high misdemeanor under the laws of New Jersey; or, (b) The officer notifies the local districts that the recipient is violating a condition of probation or parole imposed under a federal or state law; or, (c) The officer notifies the local district that the recipient has information that is necessary for the officer to conduct his official duties. 4. CRIMINAL MATCHES a. Sharing Information This Office and the Division of Criminal Justice Services (DCJS) have entered into an agreement to cooperate in the sharing of information in order to implement federal requirements for the ineligibility for TA and SNAP benefits of criminals who are fleeing to avoid prosecution, custody or confinement after conviction. The New York State legislation extends the penalties mandated for FA to all TA programs in the State. The following categories of individuals are now ineligible for TA (FA and SNA) in New York State: (1) Fugitive felons. (2) Probation and parole violators. (3) Persons convicted for misrepresenting their identity or place of residence in order to receive TA, SSI, MA or SNAP simultaneously in two or more states. Such persons are ineligible for ten years, beginning with the date of the conviction. b. Local District Responsibility (1) Section 136 of the Social Services Law authorizes local districts to provide to law enforcement officials the addresses of fugitive felons, parole and probation violators. It also authorizes the provision of addresses of persons that have information that is necessary for a law enforcement officer to conduct his or her duties. (2) Under the agreement between OTDA and DCJS, when a positive match is made between a WMS individual and a DCJS individual, the local districts will report the individual's address to law enforcement officials. In addition, the local district must also take action to deny the applicant or close the recipient's case if the individual's criminal status makes him or her ineligible. Local districts should therefore plan for controlling receipt of the match information and for appropriate New York State Office of Temporary & Disability Assistance

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follow-up on the application or TA case. (3) It is recommended that the local district designate the local fraud/investigative unit (IU) as the controlling unit for "hits" on the OTDA/DCJS match. The IU should receive the monthly BICS match report and any matches there or through the Recipient Identification and Client History (RICH), (see Systems Implications) should be referred to the IU prior to any action on the application or case. (a) It will be the responsibility of the IU to evaluate the match report and, if appropriate, to contact the local sheriff or State Police with the report of the individual's whereabouts. This report should be made only for individuals who are fleeing felons or probation or parole violators, not for those convicted of fraud. (b) The IU should establish a recommended procedure with the local law enforcement regarding the normal sequence of referral -- for example - sheriff first, then State Police, depending upon the crime and/or local law enforcement arrangements. (c) The investigation unit should obtain a timely follow-up report from the law enforcement agency within 48 hours, or a reasonable equivalent arranged with the law enforcement unit. This report should establish whether the individual had been taken into custody, had fled, or if the referral had been found erroneous. (d) It should also be the basis for notification to the individual of the TA or SNAP action to be taken. After obtaining a report from the law enforcement agency, the investigation unit should evaluate whether a notice can now be sent. (e) Worker safety as well as successful completion of the law enforcement action must be given paramount importance in this decision and carefully coordinated. c. Systems Implications System support for tracking the criminal categories outlined above is available through a matching subsystem titled Recipient Identification and Client History (RICH). Under an agreement with the Division of Criminal Justice Services (DCJS), this Office will match files provided by DCJS against the WMS file of recipients and the AFIS input for applicants for both TA and SNAP programs. The DCJS data includes information on fleeing felons and parole and probation violators. In addition, this Office has contacted local District Attorneys and requested that they supply information concerning individuals who have been convicted of fraud in misrepresenting their identity or residence in order to receive duplicate TA or SNAP, and also on individuals convicted of trafficking in supplemental nutrition assistance program. When a match occurs between a WMS applicant or recipient and the files from DCJS or the District Attorneys, a match report will be made to the local district. The report will be provided monthly through BICS for recipients. For applicants, a weekly hardcopy report will be provided through RICH.

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D. SOURCES OF INFORMATION 1. PRIMARY SOURCES – The applicant, recipient, members of his/her household and public records must be relied upon as primary sources of information. Information received from applicants, recipients and members of the household must be verified. The applicant or recipient is required, wherever possible, to provide such verification by documentation. a. Primary documents not subjected to change, such as birth certificates, alien documents and marriage certificates, must be originals and not photocopies. b. If the applicant or recipient has previously verified necessary information which is not subject to change and the local district possesses documentation of such verification in its files, the applicant or recipient is not required to resubmit verification of such information; provided, however, that such documentation may be required in connection with any State quality control review of local districts programs. c. When an applicant or recipient establishes that he/she has made reasonable efforts to obtain information or verification from a third party (other than a third party who is required to be in the filing unit, or whose income is used in determining eligibility or an individual living in the household) and the third party fails or refuses to provide the information or verification or seeks to impose a charge or fee for providing the information to the applicant or recipient, the local district must pay such fee or must assist the applicant or recipient in obtaining the information or verification from the third party or by other means as may be necessary. d. In order to assist the applicant or recipient in obtaining verification of birth records, procedural information is being provided for use by local social services district staff. The procedures for obtaining an applicant or recipient’s birth certificate vary widely by region/state. Refer to the appropriate birth locality’s instructions listed below: (1) New York State (except New York City) The NYS Department of Health does not provide verification of vital records by email, phone or fax. Requests for vital records needed by federal, state or county agencies for official purposes must be submitted by mail on agency letterhead and must include a copy of the requestor’s identification (agency ID or driver’s license). Include on letterhead the reason that the verification is required. Also, complete and include the birth certificate application form to send with the request (Form DOH-4380: http://www.health.ny.gov/forms/doh-4380.pdf). A “Government Use” copy of the relevant record or a no record statement will be mailed to the requesting agency. The “Government Use” copy is stamped and is provided for agency files only, it is not to be given to the client. There is no cost to state agencies or county departments of social services for this service. Requests should be mailed to: New York State Department of Health Vital Records Certification Unit P.O. Box 2602 New York State Office of Temporary & Disability Assistance

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Albany, NY 12220-2602 (2) New York City The New York City Department of Health maintains vital records for persons born in one of the five boroughs of New York City. Original vital records documents will be provided only to the individual named on the record. However, social services district staff may obtain a free electronic verification of birth information via email. In order to obtain this electronic verification, the following steps must be taken: (a) Email: [email protected] and enter “NYS Verification” in the subject line (b) Include registrant’s name, date of birth, mother’s first & maiden name and father’s first & last name in the body of the email There is no additional documentation or identification needed by the SSD to obtain the electronic verification. The information provided by the NYC Department of Health verifies the accuracy of the information sent in the initial requestor’s email. The verification will be sent to the requestor’s email address. The information provided to the SSD’s by the NYC Department of Health is considered primary documentation and verified upon receipt. (3) New Jersey In order to receive birth certificate records for applicants or recipients born in New Jersey, a request must be submitted via fax to Kathleen Johnson at (609) 341-2007. There is no fee for this service for government agencies. The fax must include the following information: (a) Client’s birth info, such as: name at birth, date of birth, place of birth, maiden name of mother and father’s name (b) A copy of the requestor’s identification (agency ID or driver’s license) (c) An address where the certificate can be mailed (certificates cannot be faxed or scanned due to safety features included on the certificate) 2. SECONDARY AND COLLATERAL SOURCES AND COLLATERAL INVESTIGATION – Secondary or collateral sources of information are relatives outside the immediate family group and other persons, agencies, or resources. Collateral investigation means the collection of additional information through contacts with secondary sources such as, relatives, employers, banks, insurance companies, school personnel, social agencies, and other appropriate individuals and organizations. a. The Adult Caretaker and Child Relationship It is difficult to obtain formal documentation of relationship when the caretaker is related to the child in the paternal line when the child has been born out of wedlock and paternity has not been established. Additionally, because the relationships that

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qualify for FA eligibility can be more distant than parent, grandparent, brother or sister, or aunt or uncle, documenting the relationship becomes more difficult as the relationship becomes more distant. The following is the minimum documentation and verification necessary to establish relationship between the adult caretaker and the child on whose behalf the adult is making application for Temporary Assistance. The relationship requirement is still in place as a condition of categorical eligibility for FA (and non-cash SNA [FP]). Local districts may use two kinds of secondary documentation in the absence of primary documentation to establish relationship. (1) The relationship of the adult caretaker to the child is very often commonly known to neighbors and the community. It is reasonable to accept statements from these individuals or community groups who state their knowledge about the relationship. (2) In the absence of primary documentation of relationship, the following forms of secondary documentation are acceptable. Secondary documentation can include: (a) School records - A statement from the school which states the relationship of the child to the caretaker as declared in school records. (b) Attestation - The signed application in which the caretaker states the relationship. (c) Signed statements - A signed statement from a leader of a religious community, or a person authorized to act on his or her behalf, attesting to the relationship as presented to the community by the adult caretaker relative. A signed statement from a landlord, neighbor, day care worker, doctor, or scout troop leader are additional examples of verification of relationship. Note: Although the caretaker's statement (attestation) of relationship may serve as one of the forms of secondary documentation of relationship, that in no way relieves the caretaker of the responsibility to cooperate with Child Support Enforcement requirements. For example, the caretaker may be related through the paternal line. However, without proof that the child was born in wedlock, or that paternity has been legally established, the caretaker must cooperate to the extent possible in establishing the paternity of the child. Additionally, when the parent of a child is absent from the household, the caretaker of the child must cooperate with Child Support Enforcement efforts to locate the absent parent, secure a child support order and enforce the support order. (3) Local districts should accept other forms of documentation that they find will establish relationship for the purpose of FA categorical eligibility. It is not necessary to place cases into SNA pending receipt of more formal kinds of documentation when the secondary documentation is present. (4) If the local district finds the relationship questionable, additional documentation New York State Office of Temporary & Disability Assistance

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or verification is necessary. (5) This policy also applies to EAF categorical eligibility.

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E. VERIFICATION 1. Verification of data which are pertinent to the determination of initial and continuing eligibility or the amount of the assistance grant is an essential element of investigation. 2. Documents, personal observation, personal and collateral interviews and contacts, reports, correspondence and conferences are means of verification. 3. Local districts must use LDSS-2642 - “Documentation Requirements” to inform applicants/recipients of the specific eligibility factors which need to be verified, to provide a list of documents which are acceptable verification of these factors, and to indicate on the form the date by which any outstanding documents must be received. 4. When information is sought from collateral sources other than public records because the applicant or recipient cannot provide verification, there shall be a clear interpretation to the applicant, recipient or legally responsible relatives of what information is desired, why it is needed and how it will be used. 5. Verification of information with respect to legally responsible relatives from collateral sources shall be made only with the knowledge and consent of such relatives after first giving them the opportunity to provide verification of their income, resources and expenses by other means. 6. In the event that a legally responsible relative residing outside of the applicant's or recipients’ household fails or refuses to cooperate in providing necessary information about his financial circumstances, such refusal shall not be a ground for denying or discontinuing assistance. Such refusal shall be referred to the Child Support Enforcement Unit (CSEU) in accordance with Department regulations. 7. When the applying household has a child whose parent lives outside the household, a referral must be made to the Child Support Enforcement Unit (CSEU). See TASB Chapter 9, Section S 8. In the event that a legally responsible relative residing in the applicant's or recipients’ household fails or refuses to cooperate in providing necessary information about his financial circumstances, such refusal shall be a ground for denying or discontinuing assistance to the person for whom he is legally responsible. 9. “DSS-3668: "Shelter Verification", “DSS-3707: "Employment Verification" and “LDSS3708: "School Attendance Verification" may be mailed to the landlord, employer and school, respectively, at the time of application, recertification, or when circumstances demand such verification.

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F. COMPUTER MATCHES In the past several years, this Office and individual local districts have increasingly matched data on applicants and recipients with other agencies and institutions. A few of these matches include: State tax, UIB, wage reporting, Social Security, other states, and most recently, the IRS 1099 match. These matches can be a valuable tool in verifying benefit amounts and resources and uncovering hidden income, assets and resources of TA households. However, care must be given to how this information is used. 1. PROPER PROCEDURES – Local districts are reminded that when data on an applicant/recipient generates a computer match, no action can be taken against the applicant/recipient until certain steps are taken by the local district. These steps are: a. TA case action can only be initiated directly based on a computer match when the data is current and from a primary source or a secondary source that has been independently verified, If the information is not known to the local district, or if the information appears to be inaccurate, the applicant/recipient must be given the opportunity to explain the case situation. This can be done by telephone, in writing, or in a face-to-face interview. b. Primary source computer matched information is considered verified upon receipt, and there is no need for the district to independently verify the information provided through the match and the district can take action to reduce or discontinue TA benefits and issue appropriate notice, as long as: (1) The data is current (within 60 days of date of case action) (2) The district has reason to believe that the information from the match is valid. The following is a listing of computer matches verified upon receipt: (a) (b) (c) (d) (e)

SDX - SSI benefit match BENDEX - RSDI benefit match PARIS - Interstate welfare benefit match Felon Match - Fleeing felons and violators of probation and parole match Prison Match - Match with DOCS for State prisons and DCJS for city and county jails (f) UIB - Match with DOL for UIB benefits (g) Deceased Match - Match with DOH to identify the recently deceased The WINR 5228, WINR 5225 and WINR5229 are reports that include primary source computer matched information and is considered verified upon receipt. There is no need for the district to independently verify the following information provided through the match: (1) WINR5225 – date of birth of newborn, name of newborn, newborn gender, name of mother (if listed), date of death for newborn or mother (2) WINR 5228 – date of birth of newborn, name of newborn, newborn gender, name of mother (if listed), date of death for newborn or mother (3) WINR5229 – date of birth of newborn, name of newborn, newborn gender, name of mother (if listed) New York State Office of Temporary & Disability Assistance

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This must not be used to add a newborn to the case. Additional documentation is needed to add the newborn to the case including; verification of household composition, SSN, and other TA eligibility requirements such as cooperation with child support. Note: When the appropriate adverse action notice for TA, timely or adequate, depending on circumstances, is sent to the applicant or recipients they may request a fair hearing if the information is believed to be in error. c. When a computer match involves a secondary source, the computer matches are not verified upon receipt and the district must verify with the applicant or recipient, or the primary source (for WRS the employer) the accuracy of the information before initiating any case action. The following is a listing of computer matches that are not verified upon receipt: (1) WRS (Wage Reporting System) – Earnings match (2) State New Hires – Match of all NY State new hires (employment) (3) TA/MA FIRM (Financial Institution Recipient Match) – Resources match that targets State financial institutions (typically bank/credit union accounts) d. For secondary sources, the case record must be reviewed to ascertain whether or not this information is known to the local district (unless the district has an Office approved alternative methodology). If this information is known, is accurate, and does not result in a grant change or ineligibility, no further action is necessary. e. For secondary sources, if the information is not known to the local district or if the information appears to be inaccurate, the applicant/recipient must be given the opportunity to explain the case situation. This can be done by telephone, in writing, or in a face-to-face interview. (1) If the applicant/recipient does not respond to a written request for information or does not appear for an interview and no request has been made to reschedule, the local district can close the case for failure to cooperate. The local district must issue a timely notice of intent to discontinue benefits. In these situations, continuing eligibility for assistance has not been established. Assistance cannot be opened/reopened until the match information is resolved. (2) When the applicant/recipient replies or comes in and disagrees with findings of the match, the worker must investigate the circumstances and determine whether or not the applicant/recipient’s position is valid. If the worker agrees there has been an error, immediate action should be taken to correct, if possible, whatever information caused the error (for example, an incorrect Social Security number). 2. IRS UNEARNED INCOME DATA (06 ADM-02) a. General Information The Internal Revenue Service has an agreement with this State to provide unearned income data on temporary assistance recipients whose social security numbers are New York State Office of Temporary & Disability Assistance

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matched with their information. The Office of Temporary and Disability Assistance is required by law to use IRS matched data in determining eligibility for federally funded assistance programs. The 1099 computer match process involves only Temporary Assistance to Needy Families (TANF) cases (Family Assistance - case type 11 and Federally Participating Safety Net Assistance - case type 12) being matched with the IRS 1099 file to identify cases with Federal Tax Information (FTI). The results of this match are forwarded electronically to OTDA personnel staffing an office in Albany, which meets strict IRS security guidelines. This secure room is limited in access to staff involved with processing FTI. Federal tax return data is highly confidential. All tax return information must be kept secure. Access to IRS information is only allowed to 4 OTDA staff members, a supervisor who is the IEVS coordinator and three IEVS Specialists. They are responsible for the task of processing IRS matches and forwarding federal tax return information (FTI) to districts once it has been verified. Documents that are forwarded to the LDSS for case action will not contain FTI. Individuals have the right to information about their own tax records. Staff may identify the source of the match information only to the applicant or recipient, a spouse (if living in the household), or authorized representative. In the secure room, filters are applied to the IEVS Tracking System (ITS) to screen out those cases with 1099 income that are unlikely to have an impact on current financial eligibility including: (1) (2) (3) (4) (5) (6) (7)

Financial Income Recipient Match (FIRM) income Total unearned income of less than $100 annually Negative amount(s) of income Prior year tax return income Unemployment Insurance Benefits (UIB) Social Security Benefits Lottery Prize and gambling winnings income

b. Procedure (1) State 1099 IEVS staff accesses the FTI via the stand-alone ITS system. When an appropriate match passes the filters, State 1099 IEVS staff will be alerted and one of two third party collateral verification forms (Bank/Financial Verification Inquiry Cover Letter and Bank/Verification Response Form and Income/Assets Verification Inquiry Cover Letter and Income/Assets Verification Response Form) will be sent to the source of the 1099 to obtain primary verification of the FTI. (2) Once the response form has been completed, it is sent back to OTDA in a selfaddressed, return envelope. Information completed by the source of the FTI and provided back to the State on the response form as directed is no longer considered federal tax information. At that point, this information is normal nonFTI primary documentation of income and resources. While great care still must be exercised in safeguarding its confidentiality, the returned documentation no longer falls under the security constraints of FTI. New York State Office of Temporary & Disability Assistance

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(3) Returned documentation will be assessed by State 1099 IEVS staff to determine if it has any potential impact on eligibility and forwarded (normally by e-mail, but also on occasion by fax or mail) to local district contacts for further follow-up. Districts must follow-up on this documentation including reviewing the case record, contacting the recipient or initiating action to reduce or discontinue assistance as appropriate. Districts must take action on non-FTI documentation within 45 days of the date they receive it. Districts must note the reason for resolution of any referred FTI match in the case record and maintain an adequate accounting of the reason for case action or non-action for audit purposes. Note: Information received through the 1099 process that does not require district case action will not be sent to districts. (4) Because of the filters involved in screening, it is anticipated that the documentation forwarded to districts will much more frequently impact TA eligibility than previous 1099 RFI matches that districts processed. However, it is also anticipated that far fewer matches will be processed by the State and subsequently less documentation forwarded to districts for necessary action. 3. LOCAL DISTRICT RESPONSIBILITIES Local districts have several responsibilities with respect to the newly established 1099 process detailed above. a. District staff must have a general awareness of the process by which OTDA will be obtaining verification of 1099 data in order to address recipient inquiries. b. Districts must take action on non-FTI documentation from OTDA within 45 days of the date they receive it. Districts must follow-up on this documentation including reviewing the case record, contacting the recipient or initiating action to reduce or discontinue assistance as appropriate. Staff also needs to be aware that there are significant criminal and civil penalties involved with the misuse of federal tax information. This is necessary even though OTDA will be forwarding non-FTI to districts since it is possible that inadvertently third party sources or OTDA itself may mistakenly share FTI with districts. Local district staff should be aware that there are strict statutory penalties for misuse of FTI. Federal law provides the following penalties associated with FTI misuse: IRC Section 7213 and 7431 (see also IRS publication 1075) Unauthorized disclosure of Federal tax information is a felony punishable by a fine in any amount not to exceed $5,000, or imprisonment of not more than 5 years, or both, together with the cost of prosecution. Unauthorized inspection of Federal tax information is a misdemeanor punishable by a fine not to exceed $1,000, or imprisonment of not more than 1 year, or both, together with the costs of prosecution. Those convicted of either unauthorized inspection or disclosure would also be subject to civil penalties, which would be the greater of $1,000 for each act, or the sum of the actual damages sustained by the plaintiff, plus punitive damages and the cost of the civil action.

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c. Districts need to maintain a 1099 contact person to whom e-mails or faxes can be sent when federal tax information is confirmed and the district must follow-up to determine if case action is necessary. Contact name, phone number and e-mail addresses may be mailed, faxed or emailed to: Temporary Assistance Bureau 40 North Pearl Street Albany, NY 12243 Or [email protected] d. Additional Information for State OTDA Staff regarding FTI: (1) Staff that do not have access to tax information but come into contact with it during the copying process must be aware that any intentional access to the data will subject them to the civil and criminal penalties for unauthorized inspection. (2) The Office of Temporary and Disability Assistance may disclose IRA interface information only to our federal oversight agency and the Administration for Children and Families. Such disclosures may be made only in the course of the administration of the federally funded TANF program.

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CHAPTER 5 – INITIAL ELIGIBILITY Section G –Supervisory Review & Approval

G. SUPERVISORY REVIEW AND APPROVAL 1. Options a. Local districts have the option of implementing local district specific supervisory review on all, targeted or a random sampling of TA and SNAP cases. Local districts which elect not to require their supervisors to review 100% of the TA or SNAP cases, have the option (with an approved plan) of implementing a local district specific method of review to ensure that cases are processed properly and that corrective action measures are instituted. b. Local districts which elect to perform a targeted or random sample review should emphasize increased staff training, when appropriate, to address those areas which are identified through the supervisory review approval process as needing worker improvement. c. Supervisory Review Approval Plan Local districts must submit a plan to perform supervisory review approval on a targeted number or random sample of cases. These reviews should be a thorough case review in an effort to assure accuracy standards. In addition, local districts may feel that certain areas or types of cases should be targeted for review. For example: (1) (2) (3) (4) (5) (6)

Error prone areas ( i.e., earned income cases) New applications New worker's cases Recertifications Case adjustments as a result of policy changes Emergency applications

d. The supervisory review approval which is completed must continue to be indicated by a dated signature in the case record. The case review must be based upon all current information pertaining to eligibility and benefit levels. 2. Plan Requirements a. Local districts which elect to perform supervisory review approval on a targeted number or random sample of TA and/or SNAP cases must set forth their process and procedures in a Case Supervisory Review (CSR) Approval Plan. b. Local districts which are currently using the CSR process do not need to re-submit a plan unless revisions are made to their supervisory review approval process. c. Plans must be submitted and approved by the Office of Temporary and Disability Assistance. The Plan must include: (1) A description of which cases will be subject to supervisory review approval (2) The minimum number of TA and SNAP cases each supervisor will be required to review per worker, per week/month, and, New York State Office of Temporary & Disability Assistance

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(3) A description of how case processing errors will be addressed to assure accuracy. 3. Plans must be submitted to: Phyllis Morris, Deputy Commissioner Division of Employment and Transitional Supports Office of Temporary and Disability Assistance 40 North Pearl Street Albany, New York 12243 4. Upon the submission of a supervisory review approval plan, the Office of Temporary and Disability Assistance will review each district's plan and approve the plan in whole or in part within 60 days of the date of submission by the local district. This time frame may be extended with the agreement of both parties. 5. If any or all of the plan is not approved, the Office will specify the reason(s) for the disapproval and will specify the steps, if any, the local district must take to rectify the plan.

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CHAPTER 5 – INITIAL ELIGIBILITY Section H – Acceptance/Denial or Termination of Initial Eligibility

H. ACCEPTANCE/DENIAL OR TERMINATION OF INITIAL ELIGIBILITY 1. Decision on initial eligibility is the conclusion or determination reached at any point in the application process. Such decision, as approved on supervisory review, shall constitute the decision of the local district. The decision shall be one of the following: a. ACCEPTED FOR ASSISTANCE – This means that eligibility has been fully established through investigation or that emergency need and presumptive eligibility have been established and authorization for assistance has been made and approved by the local district. b. NOT ACCEPTED FOR ASSISTANCE – Applications are denied and not accepted for assistance when: (1) In the course of the application interview, the information given by the applicant establishes without the need for further investigation that he is ineligible. (2) Ineligibility is determined in the course of or upon completion of the investigation or if the applicant refuses to comply with any requirement essential to the determination of eligibility. c. TERMINATIONS WITHOUT DECISION – No decision is required when: (1) An application is withdrawn by the applicant, or (2) The local district documents that the applicant has died, cannot be located, or has left the district prior to the completion of the investigation.

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CHAPTER 5 – INITIAL ELIGIBILITY Section I –Responsibility for Prompt Determinations

I. RESPONSIBILITY FOR PROMPT DETERMINATIONS 1. Determining Initial Eligibility/Ineligibility Upon receipt of an application for assistance, the local district shall conduct an investigation and secure, record and evaluate the findings thereof in order to: a. Promptly determine eligibility or ineligibility for TA, b. Determine the type of TA or care (including SNAP and/or services) required and authorize such assistance [351.1(c)]. 2. A personal interview with the applicant or designated representative is required to establish TA eligibility. Interviews shall ordinarily be scheduled within seven working days, except when there is an emergency need, in which case the interview shall be held at once (350.3). 3. The decision to accept or deny the application must be made as soon as the facts to support it have been established by investigation but not later than 30 days from the date of application for FA and 45 days from the date of application for SNA, except where the applicant requests additional time or where difficulties in verification lead to unusual delay, or for other reasons beyond the local district's control. 4. The applicant must be notified in writing of the decision in accordance with Department Regulations. The reason for delay must be recorded in the case record and communicated to the applicant. 5. The applicant must be notified of the availability of assistance to meet emergency circumstances or to prevent eviction. DSS-4148C - "What You Should Know If You Have An Emergency" fulfills this requirement. 6. Local districts must compute the amount of the initial grant of regularly recurring financial assistance for SNA applicants using the 45th day after the filing of an application. The countdown to the 45th day is made using the date of application as day one. State reimbursement will not be paid for recurring grant payments paid prior to the 45th day. Local districts are not required to make SNA recurring grant payments before the 45th day at local expense. 7. If shelter has not been paid for the month in which the 45th day occurs, the budget will include shelter up to the maximum shelter allowance for that month. This is true regardless of what day of the month the 45th day falls. The payment is reimbursable as Safety Net Assistance. 8. The 45 day period also applies to: a. Sanctioned individuals (other than members of multi-person active cases who are under employment or D/A pro-rata reduction sanctions). b. Individuals discharged from state mental institutions, hospitals, or prisons into the community unless payment is necessary to meet an emergency need such as New York State Office of Temporary & Disability Assistance

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homelessness. (Proper discharge planning with pre-release application filings could alleviate the 45 day wait in these situations.) c. Persons entering a congregate care facility. However, the payment to the facility would be considered necessary to meet an emergency. In these cases, whether all or part of the personal needs allowance is needed to meet emergency circumstances would be determined on a case by case basis. 9. This 45 day waiting period does not apply to payments required to meet emergency circumstances which include: a. b. c. d. e. f.

No food and not in receipt of SNAP No shelter Threat of eviction No fuel for heating during the cold weather period; A utility disconnect notice and scheduled for shut-off within 72 hours or utilities have already been disconnected, and Lack of items necessary for health and safety when there are no resources, including family and community resources, available to meet the emergency circumstance. Lack of items necessary for health and safety includes residential drug treatment and items needed to remove barriers to self-sufficiency.

10. Payments to SNA applicants to meet these emergency circumstances are eligible for State reimbursement as long as all other requirements in Office regulations are met. Such emergency grants must be justified in the case record. 11. Local districts must notify applicants about the availability of assistance to meet emergency circumstances. As with all applications, they must be given a copy of the booklet What You Should Know If You Have An Emergency" (DSS-4148C). 12. SNA applicants required to participate in applicant job search activities must be provided with transportation monies when needed to make the required job contacts. These funds are to be distributed prior to the 45th day. 13. When eligibility has been established, the application shall be accepted for assistance

pending the development of potential resources, i.e., support from relatives, adjustment of insurance, or eligibility for benefits. It shall be the responsibility of the local district to fully explore and develop all such resources.

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CHAPTER 5 – INITIAL ELIGIBILITY Section J –Immediate Needs

J. IMMEDIATE NEEDS Local districts are required to respond to an applicant's declaration of an emergency situation at the time of application for TA and to provide notification of local agency determinations regarding the meeting of immediate needs. The handling of emergency situations requires the use of discretion and judgment on the part of local districts. When an applicant has immediate needs the following programs are available to local districts to meet those needs: • • • • • •

The Emergency Assistance to Families with Children (EAF) Program The Emergency Assistance to Adults (EAA) Program The Emergency Safety Net Assistance Program The Home Energy Assistance Program (HEAP) Expedited SNAP (see SNAPSB Section 4) Pre-investigation grants

1. DEFINITIONS a. An emergency situation is a set of circumstances that often will require some action before the determination of eligibility for ongoing TA is complete. An emergency situation is considered to exist when applicants state they are in one or more of the specific situations listed below: (1) (2) (3) (4) (5)

They have no food They have no shelter They have an eviction or a dispossess notice They have no fuel for heating during the cold weather period They have a utility disconnect notice and are scheduled for shut-off within 72 hours or their utilities have already been disconnected (6) They are without items necessary for the health and safety of individuals (this would be determined on a case-by-case basis, for example, a necessary home repair, such as a broken water pipe) b. Immediate needs are those needs resulting from an emergency situation that must be met that same day to ensure the health and safety of individuals. 2. RESPONSIBILITY OF A LOCAL DISTRICT TO AN APPLICANT'S DECLARATION OF AN EMERGENCY SITUATION AT THE TIME OF APPLICATION – Local districts must take the following actions whenever an applicant for TA declares that an emergency situation exists. These requirements also apply to individuals who request only emergency assistance. a. PROVISION OF EMERGENCY INTERVIEW – When applicants for TA indicate either verbally during the application process or in writing on the application, that they have one or more emergency situations, they must be interviewed the same day. b. Local districts have an affirmative responsibility to ascertain whether an emergency

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situation exists, even in situations where the client has difficulty articulating his/her problem. c. The applicant's first contact with the local district may be with a pre-screener. The applicant may indicate that he/she has an emergency situation and the pre-screener may determine, based upon the information provided by the applicant, that an emergency situation does not exist. However, even in such a situation, the prescreener must provide the applicant with notification of the determination that there is not an immediate need and the reasons for such determination by providing a LDSS 4002 - Action Taken on your Request for Assistance to meet an Immediate Need or Special Allowances. Note: If the local district pre-screens over the telephone and determines, from the information provided over the telephone that, even though the individual stated that s/he has an emergency situation, an interview that day was not necessary, a LDSS 4002 - Action Taken on Your Request for Assistance to Meet an Immediate Need or Special Allowance must be sent. 3. DETERMINATION OF IMMEDIATE NEED a. At the time of the emergency interview, local districts must determine if the applicant has an immediate need. b. Whether the situation warrants immediate action must be determined on a case-bycase basis. For example, an eviction proceeding might be forestalled for two weeks. In this type of situation, local districts must use the time from the declaration of the emergency situation, until the situation becomes an immediate need, to investigate the applicant's eligibility. c. An immediate need must be met unless the applicant is determined to be ineligible, regardless of the extent to which the investigation has been completed. Local districts are encouraged to meet an immediate need by indirect or in-kind assistance whenever possible. An example of immediate need is an applicant who is facing an eviction that must be dealt with on the same day, or an applicant who says he/she is without food or without fuel for heating during the cold weather period. d. TA individuals under a sanction cannot receive TA and care, including any emergency assistance. (A sanctioned individual may be eligible for payments made pursuant to SSL 131-s.) However, the local district should consider the availability of a public home or shelter or of assistance from private organizations. 4. VERIFICATION OF ELIGIBILITY a. Local districts must make every effort to verify an applicant's eligibility for assistance. Generally, it is reasonable to expect that the applicant will have minimal verification necessary to establish his/her identity, family composition and New York State Office of Temporary & Disability Assistance

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lawful residence in the U.S. Applicants who are unable to produce this minimal verification should be asked to explain the reasons for this inability. For example, an applicant may not have access to his/her documents because he/she has been illegally locked out of his/her apartment. Another example of why someone might not be able to produce verification of eligibility would be an applicant who has been abandoned by a spouse who has taken all documents. In such situations local districts should ask the applicant for collateral sources who can help to establish need and eligibility. The local district should make every reasonable effort to contact these collateral sources as soon as possible. b. Applicants who are unable to explain why they cannot produce documentation or who refuse to provide collateral contacts without good reason will be denied assistance for failure to cooperate. c. Due to extraordinary circumstances, there can be limited occasions when clients and local districts do not have access to third party sources of documentation. These circumstances include, but are not limited to, situations such as: (1) Families that were forced to leave their homes suddenly and are not able to return to retrieve belongings, such as a fire or flood or a domestic violence situation; (2) Refugees who do not have expected documentation due to the extraordinary circumstances when leaving their country of origin; or (3) Immigrants from countries from which documentation is not obtainable or long delays can be expected in obtaining documentation. d. When extraordinary circumstances exist, a special determination may be used to determine eligibility, such as: (1) Written declarations that corroborate an applicant's situation may be used when appropriate third party verification is unavailable, and reasonable conclusions can be drawn based upon available evidence and an examination of the entire case history. (2) Alternative sources that are not normally relied on can be used when other sources are not available. For example, immigration records may be used to verify relationship, dates of birth, etc. For each special determination made, the examiner must describe in the case record the steps taken to obtain primary and secondary evidence and then fully record the basis for making a special determination. e. When immediate need has been determined to exist, there are no resources available to meet the immediate need and verification of eligibility has not been completed despite the applicant's cooperation, the immediate need must be met. f.

During the regular eligibility determination process, if eligibility has not been

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established at the point the emergency situation becomes an immediate need, local districts must not delay in meeting the immediate need. g. Applicants who are obviously unable to care for themselves should be referred to appropriate services. 5. USE OF RESOURCES a. Local districts must determine to the best of their ability that the applicant has no available resources, credit cards or ability to obtain advances of wages from the current employer that could be used to alleviate the emergency. TA applicants with available cash and/or bank accounts must utilize such resources. b. For purposes of determining eligibility for ongoing TA, households are allowed to retain resources of up to $2,000 (or $3,000 for TA households with a member age 60 or older) equity value. However, individuals claiming immediate need cannot put aside up to $2,000 (or $3,000) in cash, checking or saving accounts. These resources must be utilized to meet the immediate need. c. Community resources, including friends and relatives, which are actually available to the client must be used before an immediate need can be met by the local district. Local districts must not provide assistance to applicants who refuse to utilize such resources. Note: The local district must be sure that the resource is actually available. Unless the client volunteers to use family and friends, the local district must check with such people to see if they are willing and able to help. If a referral is made to a community resource such as a food pantry, the local district must confirm that the pantry can supply the food needs of the family until SNAP benefits or a TA grant is available. The family must be able to get to the food pantry. If such a resource is not actually available, the local district itself must then meet the food need by a means sufficient to supply the family until SNAP benefits are available. d. For applicants whose utilities have been disconnected or are scheduled to be disconnected within 72 hours, local districts should make every effort to expedite the negotiation of a deferred payment agreement between the applicant and the utility company. This negotiation can be done by telephone. (Local districts should develop a timely means of learning the results of such negotiations from the utility companies which service their district.) Note: The Public Service Commission has indicated that the temporary continuation of utility service to a household is appropriate when reasonable efforts are being made to establish an applicant's eligibility for emergency assistance. As such, the immediate need of an applicant threatened with an imminent utility service disconnect may be alleviated by obtaining a temporary extension of service during which time the repayment agreement may be negotiated.

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e. The Office recognizes that in many instances it will be difficult to obtain verification of resources, but local districts must attempt to make as complete an eligibility determination as possible before meeting the specific immediate need. The immediate need must be met if the applicant cannot be determined ineligible and has cooperated in attempts to establish eligibility. 6. MEETING THE IMMEDIATE NEED WHEN NO RESOURCES ARE AVAILABLE If eligibility has not been established at the time the immediate need must be met and there are no resources available to meet the immediate need, local districts may meet the specific immediate need by: a. Pre-Investigation Grant – A pre-investigation grant is a grant of assistance to meet an immediate need for a specific essential item when an immediate need is determined to exist, but financial eligibility has not been fully established by the completed verification and documentation process. b. This grant may be an advance voucher or advance payment of part of the regular recurring TA grant. The pre-investigation grant would be considered an advance against the regularly recurring grant if it covers assistance which the regularly recurring grant is intended to cover after the date of eligibility has been established. c. The pre-investigation grant may also be a voucher or payment to meet an essential item not covered in the regularly recurring grant (for example, a payment for necessary home repairs) or for a period prior to what will be the date of establishment of eligibility. d. A pre-investigation grant cannot exceed the amount of assistance a recipient in a similar situation would receive during the month. (It can include special needs items such as a restaurant allowance, security deposit, property repair, etc.) e. If applicants who have received a pre-investigation grant are subsequently determined to be ineligible for ongoing assistance, local districts must determine whether these individuals were eligible for the pre-investigation grant at the time it was issued. f.

Until the final determination of ongoing eligibility is made and while the application for recurring assistance is still under investigation, individuals in receipt of a preinvestigation grant are to be considered TA applicants.

g. Incorrectly provided emergency assistance: A local district may determine that the client was ineligible (because no immediate need existed or resources were concealed) even for the emergency assistance only payment that was made as a pre-investigation grant. When this occurs, local districts must take appropriate steps to recover the incorrect payment. 7. USE OF CORRECT CATEGORIES FOR EMERGENCY ASSISTANCE ONLY CASES a. Individuals may be eligible for emergency assistance without being eligible for recurring TA. New York State Office of Temporary & Disability Assistance

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For example: Individuals with income or resources over the TA resource limit (such as a car needed for employment with Fair Market Value greater than $9,300) could be eligible for emergency assistance if there are no resources immediately accessible to meet the emergency. If it is determined that the client was eligible for the emergency assistance only payment, local districts must ensure that it is claimed under the proper category of assistance. Emergency payments may be made under the EAF, EAA or the Emergency SNA program. These programs are summarized as follows: (1) EMERGENCY ASSISTANCE TO NEEDY FAMILIES WITH CHILDREN (EAF) – An emergency program designed to provide for the emergency needs of both TA and NTA families with children or a pregnant woman. EAF may be authorized for services or TA items necessary to resolve the emergency situation. EAF authorizations for income maintenance needs are limited to the same items and amounts as described in Office Regulation 352 unless otherwise provided for in Office Regulation 372. However, financial eligibility for TA based upon the State standard of need described in Part 352 of Office Regulations is not a prerequisite for EAF eligibility. (See TASB Chapter 11) (2) EMERGENCY ASSISTANCE FOR ADULTS (EAA) – Grants of assistance to aged, blind, or disabled individuals and couples who have been determined eligible for Federal SSI benefits or additional State payments and applied for assistance to meet emergency needs as specified in Office Regulation 397, that cannot be met by the regular monthly benefits of SSI and additional State payments or by income and resources not excluded by the Federal Social Security Act. (See TASB Chapter 12) (3) EMERGENCY SAFETY NET ASSISTANCE (SNA) - Office regulation 370.3 authorizes grants of assistance to provide for the effective and prompt relief of identified needs which cannot be provided for under EAA, EAF, recurring SNA, or recurring FA. The requirements for emergency SNA are explained in TASB Chapter 10. Note: As stated previously, with the exception of SSL 131-s payments, TA clients under a sanction cannot receive any TA and care, including emergency assistance. (Please See Chapter 11, Section G and Chapter 10, Section C.) Eligibility for HEAP benefits should be explored to meet emergency energy needs of applicants. Illegal aliens are not eligible to receive TA, including EAF. 8. NOTIFICATION REQUIREMENTS a. When applicants for TA assert that they are in an emergency situation, they must be provided with a LDSS-4002: Action Taken on your Request for Assistance to Meet an Immediate Need or a Special Allowance. The LDSS-4002 must be provided to applicants at the time of interview or pre-screening. The LDSS-4002 informs the applicant/recipient of the following: (1) How the local district will meet the immediate need or the reason the local district determines there is no immediate need to be met. The local district may have New York State Office of Temporary & Disability Assistance

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met the immediate need through means other than a grant. For example, by referral to a community resource, by contacting a landlord to forestall an eviction, or by assisting the applicant in negotiating a deferred payment agreement with a utility company. (2) The reason why assistance to meet the immediate need was denied. For example, an immediate need was determined not to exist because the applicant's eviction was not scheduled to occur for two weeks or the applicant has $150 available in a savings account which can be used to meet his food needs until Supplemental Nutrition Assistance Program benefits can be issued. (3) Informs the applicant if they must repay assistance provided and if so how much must be repaid. (4) Informs the applicant of his/her right to a fair hearing if he/she disagrees with the local district decision and of his/her right to apply for expedited processing of that fair hearing. If the situation is serious, the State will attempt to process the fair hearing request as quickly as possible. (5) Contains language that is mandated. Therefore no changes in the language will be permitted. If local districts wish to change the format, they must submit their request for change to this Office for approval. b. When the final determination of eligibility has been made, all applicants, applying for ongoing TA must be provided with a notice stating the final local district decision on their application. For persons applying for emergency assistance only, the LDSS4002, action taken on your request, or assistance to meet an immediate need or special allowance, is required to be sent. c. If an applicant is accepted for HEAP benefits and no other emergency situations exist, the HEAP notice is the only notice that must be provided to the applicant. However, if the applicant files a HEAP application (and asserts the existence of an emergency situation) and is denied, both the HEAP notice and the above described notice must be provided to the applicant. For example: HEAP may be denied but the immediate need may be met in another manner. A separate notice must be provided when a determination is made on the application for ongoing TA.

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CHAPTER 5 – INITIAL ELIGIBILITY Section K –Photo Identification Cards

K. PHOTO IDENTIFICATION CARDS 1. Each social services official shall issue a photographic Common Benefit Identification Card (CBIC) card to any person who is eligible for temporary assistance and to whom payment is to be made, except to a recipient who is unable to access his own benefit personally or a resident in a medical or health-related facility. 2. Each appropriate grantee shall be required to pose for and accept an identification card. Failure of a grantee to fulfill these requirements shall make him ineligible for assistance. If he is the only eligible grantee in his family, the needs of the other eligible family members shall be met as a protective payment.

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L. NOTIFICATION Office regulations governing notification of the district's decision shall be followed whenever a request for assistance or care, including a request for transfer and reclassification, is accepted or denied.

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CHAPTER 5 – INITIAL ELIGIBILITY Section M –Case Record

M. CASE RECORD 1. DEFINITION – Case record means all written and electronic material concerning an applicant or recipient, including the application form, the case history, budget and authorization forms, medical, resource and financial records. 2. MAINTENANCE – A case record shall be maintained for each application and for each case of temporary assistance in order to provide a systematic record of interviews with the applicant or recipient and with other sources of information. The information obtained through social investigation shall be entered promptly on required forms (or approved local equivalents) and/or recorded in the social case history. 3. PURPOSE AND USE – The case record shall present a clear and accurate account of the district's provision of assistance and care, and of the services provided either directly or by referral to other community programs. 4. The evidence in the case record shall be used to: a. Substantiate the determination of initial and continuing eligibility, or ineligibility, for assistance or care; b. Document compliance with requirements pertaining to the fiscal and accounting aspects of the use of public funds; c. Validate the supervisory review and written approval of case action by the social services official or by his authorized representative; d. Insure continuity and consistency of service and planning in accordance with individual need regardless of changes in district staff; e. Evaluate the situation in connection with appeals or reapplication. 5. CASE ACTIVITY CONTROL – Each local district shall establish and maintain supervisory control of required interviews with recipients, periodic redetermination of eligibility, periodic reauthorizations of assistance, issuance of notices to recipients, and shall record the completion of such action. There shall be maintained, easily available to the local district staff, a current, cumulative record of assistance authorized.

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CHAPTER 5 – INITIAL ELIGIBILITY Section N –Social Security Number Requirement

N. SOCIAL SECURITY NUMBER (SSN) REQUIREMENT 1. SSN REQUIREMENT As a condition of eligibility, all applicants for or recipients of TA benefits are required to furnish an SSN for each member of the TA household and for any other non-applying individual whose needs and income are considered in determining the amount of assistance granted to the household. When a SSN cannot be furnished, the applicant or recipient must apply for such number, submit verification of such application, and provide the number upon its receipt. Assistance must not be denied, delayed or discontinued pending issuance or verification of a social security number if the applicant or recipient has complied with the above. 2. SSN REQUIREMENTS FOR ALIENS a. Lawfully Admitted Aliens without United States Citizenship and Immigration Services (USCIS) Work Authorizations SSA no longer assigns SSNs to lawfully admitted aliens who do not have USCIS work authorization. If an alien does not have permission from the USCIS to work in the United States, the alien may apply for a SSN only if a federal law requires the alien to have a SSN in order to receive a federally-funded benefit (i.e., SNAP, SNA/FP, SNAP or MA) to which the alien has otherwise established eligibility or, a state or local law requires the alien to have a SSN in order to receive general assistance benefit(s) (i.e., SNA) to which the alien has otherwise established eligibility. New York State law requires a SSN. SSA will provide aliens with satisfactory immigration status who do not have work authorization with a SSN. SSDs must provide aliens with a letter(s) addressed to SSA for those aliens who appear to meet all eligibility requirements for FA, SNAP, MA and/or SNA, except for the SSN requirement. The policy and procedures for this can be found in 07 ADM-01 - Social Security Numbers for Aliens without United States Citizenship and Immigration Services (USCIS) Work Authorization. No adverse action can be taken against a lawfully admitted alien or applying members of the lawfully admitted alien’s household for failure to obtain or furnish a SSN if the SSA will not issue a SSN solely due to the individual’s immigration status. b. Undocumented Aliens Undocumented aliens are unable to obtain SSNs due to SSA regulations, therefore, they are not required to apply and/or provide a SSN. If a non-applying household member is an undocumented alien whose needs and income is considered in determining the amount of assistance granted to the household fails to apply and/or provide a SSN, no adverse action can be taken against the household. Undocumented aliens do not need to provide a social security number in order for eligible household members to receive EAF (undocumented aliens are ineligible to receive EAF assistance). New York State Office of Temporary & Disability Assistance

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No adverse action can be taken against an undocumented alien or applying members of the undocumented alien’s household for the undocumented alien’s failure to comply with obtaining or furnishing a SSN. 3. SSN REQUIREMENTS FOR NON-APPLYING HOUSEHOLD MEMBERS a. Legally Responsible Relatives Non-applying legally responsible relatives whose needs and income are considered in determining the amount of assistance granted to the household must furnish or apply for an SSN as a condition of eligibility for the entire household. If such person refuses to do so, the entire public assistance household is ineligible for assistance. b. Non-Legally Responsible Relatives Social Security Numbers are not required for non-applying non-legally responsible relatives who are included in the household for federal reporting requirements unless the non-applying household member’s needs and i ncome are considered in determining the amount of assistance granted to the household. 4. OBTAINING SSN’S FOR NEWBORNS a. Social Services District Action Workers should make full use of the Anticipated Future Action (AFA) code on WMS indicating the expected date of delivery, so that a worker can monitor compliance with furnishing a SSN. Workers should utilize WMS report – WINR-5129 – Newborns with No Social Security Number on WMS. The WINR 5129 report lists any individual born in the previous month with no Social Security Number on WMS. The report includes a Local Office page plus a Unit/Worker page. Occasionally, a SSN is applied for but not obtained. In instances where 6-months has elapsed since the SSN had been applied for, the parents or guardian of the newborn must be instructed to reapply for a newborn’s SSN at their local Social Security Administration, submit verification that the SSN has been reapplied for, and provide the SSD with the SSN when it is received. b. Enumeration at Birth Program Hospitals participate in a program, whereby, the hospital files a SS-5 (Application for a SSN) for the newborn. The State Department of Health has revised the birth certificate form to include an attestation that a SS-5 was filed. An applicant or recipient may submit a birth certificate with the “yes” box checked and a signature in place as acceptable documentation that a SSN has been applied for. The parent or guardian must also be instructed to immediately provide the SSD with the SSN when it is received. If the revised birth certificate is not available, the parent or guardian must be referred New York State Office of Temporary & Disability Assistance

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to their local SSA office to apply for the newborn’s original or duplicate social security number. The parent or guardian must also be advised that they must provide verification that a new or duplicate social security number has been applied for and instructed to immediately provide the SSD with the SSN when it is received. 5. SOCIAL SERVICES DISTRICT RESPONSIBILITY An applicant or recipient must be referred to their local SSA office to apply for a social security number. Individuals can also contact SSA’s toll-free telephone number at 1-800772-1213 or online through the SSA portal at www.socialsecurity.gov/myaccount. Any person who is foreign born and applying for either a new or replacement Social Security number must be referred to SSA. Effective August 1, 2014, SSA Field Offices (FOs) will no longer provide print outs of SSN. If a SSD must have immediate verification of an SSN, the SSA has established a “Point of Contact” protocol whereby if the applicant or recipient is in the FO, the SSA representative will attempt to contact a SSD contact to verify the SSN over the phone. Since a SSN is considered Personal, Private, and Sensitive Information (PPSI), the SSA representative must speak to a SSD contact and is not permitted to leave a message verifying the SSN on voice mail. Applicants and recipients must be advised to provide the Social Security Administration receipt, SSA-5028 “Receipt for Application for a Social Security Number” or other SSA verification to the SSD as documentation that they have complied with the requirement to apply for a SSN. Applicants and recipients must be advised to immediately provide the SSD with the SSN when the Social Security number is received. Anticipated future action code (AFA) 327 “Follow-up on Application for SSN” should be used to monitor compliance with this requirement. Assistance must not be denied, delayed or discontinued pending the Social Security Administration’s issuance of a social security number as long as the individual provides verification of application. When a Social Security Number is provided by the applicant or recipient and entered into WMS and WMS SSN Code “8-SSA SSN Validation” appears in the SSN field, the SSN is validated. There is no need to request the applicant or recipient apply or provide a SSN. 6. APPLICANT/RECIPIENT RESPONSIBILITY Applicants/recipients are required to provide necessary information and documents needed to validate SSNs. Once an applicant/recipient applies for an original, duplicate or corrected SSN, the local SSA office will issue a receipt (SSA-5028 Receipt for Application for a SSN). The applicant/recipient is required to furnish this receipt or other SSA verification as documentation that they have complied with the requirement to provide an SSN. Applicants/recipient must immediately furnish the SSD with the SSN when the SSN is received.

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7. FAILURE OF AN APPLICANT/RECIPIENT TO COOPERATE IN APPLYING, PROVIDING OR VALIDATING AN SSN a. Applicant/Recipient If an applicant/recipient fails to cooperate in applying, providing, or validating a SSN, his/her needs must be removed from the grant and the needs of the family shall be determined based on the remaining persons in the grant. b. Dependent Child A dependent child on whose behalf an application is made, is not eligible for assistance if the parent or non-parent caregiver fails to cooperate in furnishing or applying, providing, or validating a SSN for the child. c. Non-Applying Legally Responsible Relative If a non-applying legally responsible relative, whose needs and income is considered in determining the amount of assistance granted to the household fails to apply, provide or validate a SSN, the entire household is ineligible for assistance. 8. VALIDATION OF SSN The Welfare Management System (WMS) SSN Validation process is used to validate SSNs through SSA. All SSNs entered on WMS with a Code 1 (SSN present) will be sent by OTDA to SSA to match social security number information on a regular basis. When the results of the match are received from SSA, WMS will be automatically updated. To assist SSDs in ensuring that SSNs are present and accurate in WMS, system-generated management reports are available through the Benefit Issuance Control System (BICS). a. SSN Validated If a SSN passes validation, one of the following SSN codes will be system generated and appear in WMS. If one of the following codes appear, no action is necessary. (1) 7 – SSN assigned by SSA – As part of creating MA/SSI cases Auto SDX updates the SSN validation code to a ‘7’ (2) 8 – SSN SSA VALIDATION – When the SSN entered on WMS matches SSA's record, Code "8 - SSN SSA Validation" is system-generated on the WMS case record, overlaying the current SSN code. Code “8 – SSN SSA Validation” can be entered by the worker when it appears on the WMS Clearance Report. b. SSN Failed SSA Validation If a SSN fails validation, one of the following SSN codes will be system generated and appear in WMS to assist the worker in identifying errors and correcting discrepancies. If one of the following codes appears, the SSD must investigate the discrepancy and if the discrepancy is corrected by the SSD, the WMS SSN code New York State Office of Temporary & Disability Assistance

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must be changed to “1 – SSN Present” or “2 – SSN Applied For”. • • • • • • • •

3 – SSN applied for and denied: SSN applied for and denied 4 – SSN not applied for 9 – SSN failed SSA validation A – SSN Not on SSA File B – No Match on Name C – DOB, Given Name Match (Difference in maiden and married names) D – No Match on DOB E – Client Known to SSA by different SSN - refer to RFI

c. System Generated Management Reports SSD’s must access their appropriate management report, investigate any recipients listed on the report for discrepancies, and take appropriate corrective action within 45 days of the date the report is available. (1) The BICS WINR 5126 “Individuals with Incorrect or No Social Security Numbers on WMS” report, is available to upstate SSDs .The WINR 5126 is a quarterly report that identified and provides a listing of recipients who have an incorrect or no SSN in WMS, or their SSN in WMS failed Social Security Administration (SSA) validation. (2) New York City WINR 0203 Report - This management report identifies and provides a listing of recipients whose cases may require corrective action because their SSN in WMS failed SSA validation. This report is sorted by center and worker. It provides a recipient’s CIN, SSN, first name, middle initial, date of birth and sex. d. Resolving Discrepancies Found on Reports The SSD shall be responsible for resolving any discrepancy on the report by checking the information received from the recipient with the information in WMS and making appropriate corrections in WMS. This may require contacting the individual for additional information. If an individual’s SSN fails SSA validation, the discrepancy causing the failure could be due to incorrect data in the WMS or SSA database. Regardless of the origin of the discrepancy, if a recipient is listed on the report, SSDs must investigate and take any necessary appropriate corrective action within the required time frame. When it is determined that a discrepancy on the report is due to incorrect information in the SSA database, the following actions must be taken in the situations outlined below: (1) Incorrect SSN – If after investigation, the SSD determines that the information on file at SSA is incorrect, the recipient must be referred to the local SSA office to apply for a corrected Social Security Number. (2) SSN Not on SSA File – If after investigation, the SSD determines that the

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information on file with SSA is incorrect; the recipient must be referred to the local SSA office to apply for an original or corrected Social Security Number. (3) DOB, Given Name Match (Difference in maiden and married names) - If after investigation, the SSD determines that the name on file with SSA is not the same name known by social services, the recipient must be informed that he/she must use the same name for social services as SSA. The recipient has the right to decide by which name he/she wants to be known. If he/she chooses to change his/her name with SSA, the recipient must be referred to the local SSA office to apply for a corrected Social Security Number. If after investigation, it is determined that the SSD incorrectly entered an individual’s pertinent information into WMS, the SSD must correct the discrepancy in WMS and change the WMS SSN code to 1 (SSN present but not yet validated). e. Listing of WMS SSN Codes and Necessary Actions WMS SSN CODES 1- SSN present but not yet validated 2- SSN applied for but not yet available

3- SSN applied for and denied

4- SSN not applied for. 7- SSN assigned by SSA 8- SSN validated by SSA 9- SSN failed SSN validation

A- Validation Failed: SSN not on SSA file

NECESSARY ACTION NO ACTION NECESSARY If SSN has been received, change code 2 to 1. If SSN has not been received and application is more than month 2 months old, refer applicant to SSA to re-apply for a SSN. Verification of compliance is required. Request verification of denial, document information in the case record and take appropriate agency actions. Refer the applicant/recipient to SSA to apply for a SSN. When verification of application for a SSN is submitted, change the validation code from 4 to 2. Once SSN is received change validation code from 2 to 1. NO ACTION NECESSARY NO ACTION NECESSARY An investigation to determine the reason for the discrepancy must be completed. If discrepancy is corrected by the SSD, change the validation code from 9 to 1. This will occur when the SSN in WMS does not match the SSA database. If after investigation, the SSD determines that the information on file with SSA is incorrect, the recipient must be referred to their local SSA office to apply for an original or corrected social security number. S/he must also submit proof of compliance, such as a copy of the Receipt for Application for a Social Security Number (form SSA-5028). When verification of application for a SSN is submitted, change the validation code

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from A to 2. When SSN received change validation code from 2 to 1.

B-Validation Failed: No match on name

D- Validation Failed : No Match on DOB

E- Client known to SSA by Different SSN- refer to RFI

N-State Benefit Eligible Alien

X – SSN SSA Validation/Deceased

This will occur when the recipient’s first or last name in WMS does not match the SSA database. If after investigation, the SSD determines that the name on file with SSA is not the same name known by social services; the recipient must be informed that he/she must use the same name for social services as SSA. The recipient has the right to decide which name he/she wants to be known by. If he/she chooses to change his/her name with SSA, the recipient must be referred to their local SSA office to apply for a corrected social security number. S/he must also submit proof of compliance. When verification of application for a SSN is submitted, change the validation code form B to 2. Once SSN received, change validation code from 2 to 1. If after investigation, the SSD determines that the information on file with SSA is not the same known by social services, refer the recipient to the SSA to have the information corrected. S/he must also submit proof of compliance, such as a copy of the Receipt for Application for a Social Security Number (form SSA-5028) When verification of application for a SSN is submitted, change the validation code from D to 2. Once SSN received change validation code from 2 to 1. Client known to SSA by different SSN. SSN sent to SSA off by one digit or number transposed. See RFI for correct number. The SSD must correct SSN and change the validation code from E to 1. SSN Validation Code N will be used to identify an applicant or recipient who has met all their SNA eligibility requirements but was denied by SSA solely due to their immigration status. Validation code remains N until immigration status changes. If immigration status changes then the client must apply for a SSN. When verification of application for a SSN is submitted, change the validation code from N to 2. Once SSN is received change validation code from 2 to 1.

Note: If after investigation, it is determined that the SSD incorrectly input an individual’s pertinent information into WMS, the SSD must correct the discrepancy in WMS and change the WMS SSN code to 1 (SSN present but not yet Validated), so that SSA can validate the recipient’s SSN at the next update.

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9. MULTIPLE SSNs When an individual submits more than one SSN and indicates that they all belong to him/her, the individual must be referred to the local SSA office. SSA will cross-reference the multiple numbers and advise the individual which SSN should be used. However, SSA cannot cancel a number that has been assigned.

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CHAPTER 5 – INITIAL ELIGIBILITY References

REFERENCES 11 ADM-05 10 ADM-04 08 ADM-08 07 ADM-01 Attachment 1 06 ADM-02 Attachment A Attachment B 05 ADM-08 02 ADM-02 01 ADM-14 01 ADM-4 99 ADM-4 97 ADM-23 Attachment 1-11 Attachment 12 Errata 97 ADM-20 93 ADM-20 93 ADM-8 93 ADM-4 92 ADM-33 Attachment 90 ADM-23 87 ADM-37 87 ADM-25 80 ADM-42 79 ADM -1 08 INF-17 07 INF-01 04 INF-09 02 INF-29 01 INF-12 00 INF-20 00 INF-6 94 INF-17 94 INF-11 93 INF-30 92 INF-32 Errata 92 INF-32 92-INF-21 91 INF-25 88 INF-72 88 INF-14 86 INF-21 90 LCM-28 New York State Office of Temporary & Disability Assistance

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89 LCM-200 348.7 349.3 350.3 350.5 351.1 351.2 351.4 351.5 351.6 351.7 351.8 351.24 351.28 354 370.2 370.7 372.1 382.1 GIS Message 2000 TA/DC008 GIS Message 1998 TA/DC014 GIS Message 1991 IM/DC019 GIS Message 1989 IM/DC019 GIS Message 1989 IM/DC011 “All WMS Coordinator” Letter (06/01/93) "All WMS Coordinator" Letter (02/21/84) "All WMS Coordinator" Letter (03/26/85) "All WMS Coordinator" Letter (02/28/86) Related Items 78 ADM 55 Determination of Initial Eligibility (TASB 9-D) Non-Financial Requirements (TASB 10-C) 348 351 352 357.3 370.3 387 397.1

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CHAPTER 6 – CONTINUING ELIGIBILITY Section A – Definition: Recertification

CHAPTER 6: CONTINUING ELIGIBILITY A. DEFINITION: RECERTIFICATION Continuing eligibility for temporary assistance shall be established by investigation and documentation at specified intervals, and the process shall be known as recertification, which shall include a reevaluation and reconsideration of all variable factors of need and other factors of eligibility. 1. LOCAL DISTRICT RESPONSIBILITY In connection with re-determination of eligibility, the local district shall: a. Require that the recipient complete the state-prescribed form and submit appropriate supporting data, b. Determine the need for additional information from the recipient and/or collateral sources, c. Interview the recipient in a face-to-face interview in order to verify factors of eligibility, including those related to: (1) (2) (3) (4) (5) (6) (7)

Identity of recipient Residence of recipient Family composition Rent payment or cost of housing Income from any source Savings or other resources Lawful residence in the U.S., if the recipient is an alien

d. Make appropriate collateral investigation, as required, where the recipient is unable to secure documentation of the above factors and any additional factors of eligibility as required to establish continued eligibility. e. Evaluate all the factual information gathered as to its completeness, relevancy and consistency. f.

Identify the factors of eligibility subject to change which call for prompt review of continuing eligibility.

g. Advise the recipient of his/her continuing responsibility to keep the local district informed of changes in his/ her circumstances. DSS-4148A "What You Should Know About Your Rights and Responsibilities" advises the recipient of this responsibility. h. Provide client informational books DSS-4148A, DSS-4148B, and DSS-4148C at each recertification.

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i.

Advise the recipient to apply for and utilize any benefits or resources that will reduce or eliminate the need for TA or care.

j.

Advise the recipient of the opportunity to apply to register to vote. See TASB Chapter 3, Section D for more information.

2. GENERAL REQUIREMENTS: The Client Information Books must be provided at Recertification to all TA, MA and SNAP Recipients at least once per year. In addition, when face-to-face recertifications are more frequent than yearly, the books must be provided at each face-to-face recertification. The following outlines acceptable practices for distribution of client informational books DSS-4148A, DSS-4148B, and DSS-4148C at recertification: ACTION Recertification Application (LDSS-3174) is mailed. Face-to-face interview scheduled to follow. Recertification Application (LDSS-3174 or equivalent) is mailed. No face-to-face interview is scheduled to follow. (This is an eligibility review at the six month interval between required once-a-year face-toface recerifications.)

New York State Office of Temporary & Disability Assistance

REQUIREMENTS Books do not need to be mailed. Books must be provided a the face-to-face interview. Books do not need to be mailed to those whose eligibility is being reviewed by mail or by telephone contact between required once-a-year face-to-face recertifications. Books must be pr ovided at the face-to-face interview.

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CHAPTER 6 – CONTINUING ELIGIBILITY Section B – Required Contacts and Investigation

B. REQUIRED CONTACTS AND INVESTIGATION 1. Contacts with recipients and collateral sources shall include face-to-face contacts, correspondence, reports on resources, eligibility mail outs and other documentation. Contacts with or concerning recipients shall be made as frequently as individual need, change in circumstances or the proper administration of assistance or care may require. 2. All variable factors of need and eligibility shall be reconsidered, reevaluated and verified at least once in every six months for all TA cases ("All Commissioner" letter - 6/2/83). Unless the local district has an Office approved waiver. 3. Required Face-to-Face Interviews: The local district shall use the state-prescribed Recertification Form (LDSS-3174) in the recertification process and shall require: a. A face-to-face interview, by the end of the third calendar month following the month of acceptance for all new and reopened FA and SNA cases. b. A face-to-face interview with the recipient for each recertification 4. Recipient Responsibility: The recipient shall appear at the face-to-face interviews and shall present appropriate documentation as required to substantiate both categorical and financial eligibility. If because of age, handicap, or other verifiable limiting condition, the recipient is unable to appear for a face-to-face interview or requires the use of an interpreter for the deaf, the local district shall make appropriate arrangements to accommodate the client. The client shall notify the local district of special needs or requirements as soon as the notice to appear is received and give the reason for such special needs or requirements. See TASB Chapter 4 Section P. 5. Additional Contacts: In addition to personal interviews and correspondence with the recipient, there shall be contact, as the circumstances of the individual case may require, with appropriate persons and agencies to secure verification of data which is essential to establish eligibility for TA and which the recipient is unable to secure. 6. Contacts with recipients and collateral sources of information shall be directed toward consideration of all variable factors of eligibility including the following. a. FINANCIAL NEED – Identity of the recipient and his individual circumstances shall be reviewed and verified as indicated in relation to changes in the household, in living arrangements, in income and in allowance schedules, in order to determine those items of need that should be added, deleted or changed in amount. b. FINANCIAL RESOURCES – Current availability and use of financial resources shall be reconsidered and verified in relation to fluctuations in value or income or the initiation or termination of rights to benefits. c. EMPLOYMENT, EMPLOYABILITY AND TRAINING FOR EMPLOYMENT – The employment, potential employability, availability for employment, or need for training or retraining shall be reviewed and established. For mor information see the Welfare to Work manual.

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d. RELATIVES – Changes in circumstances, which affect the ability or willingness of relatives to assist the recipient financially, shall be reviewed. If a legally responsible relative is failing to support according to ability and/or court order, referral for appropriate legal action shall be made. e. SPECIAL CATEGORICAL REQUIREMENTS – There shall be review of factors of categorical eligibility which are subject to change such as further impairment, recovery or improvement in the condition of an incapacitated parent, return of an absent parent, termination of eligibility or children because of age or leaving school, and obtaining employment, minor parent education and living arrangement requirements, child absence from the household for more than 45 days. In reviewing a SNA case, eligibility to assistance under a federally aided category shall be considered. f.

HEALTH – Changes in health conditions shall be considered with respect to continuing eligibility and required services.

g. SERVICES – There shall be a review of the need for services and appropriate referral made therefore. 7. Required contacts must be made at the specified recertification intervals and whenever case circumstances indicate changes in eligibility or degree of need.

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C. ACTIONS BASED ON REQUIRED CONTACTS 1. FAILURE TO APPEAR AT THE FACE-TO-FACE INTERVIEWS – If a recipient fails to appear without good cause, the local district shall send a 10-day notice of proposed discontinuance of assistance the LDSS- 4014A - Action Taken on Your Recertification: Temporary Assistance, Supplemental Nutrition Assistance Program, Medical Assistance Coverage and Services and LDSS-4014B - Action Taken on Your Recertification: Temporary Assistance, Supplemental Nutrition Assistance Program, Medical Assistance Coverage, Services. a. If the recipient does not respond within this 10-day period, the case shall be closed as of the end of the 10- day period. Any request for assistance made after a case is closed shall be considered a new application. b. If the recipient appears for a face-to-face interview during the 10-day notice period, an interview shall be arranged. If it is determined that he is eligible for continued assistance, the 10-day notice of proposed discontinuance shall be nullified. 2. MAIL–IN RECERTIFICATION PROCESS a. Local districts, which use an OTDA approved eligibility mail out questionnaire , or the State mail–in Recert/Eligibilty Questionaire (LDSS-4887) for one of the two mandatory semi-annual TA face-to-face recertification eligibility interviews required in 18 NYCRR section 351.21 must develop a waiver request outlining the eligibility mail out process, which is to be used. b. Such waiver request must be submitted to and approved by this Office before a local district's mail out process can be implemented. c. The waiver request must include all of the following: (1) Regulation for which the waiver is sought (normally 351.21). (2) How the mail–in process will work including identifying if the optional system generated mail–in recert process via the Client Notices System (CNS) will be used in districts outside of NYC. (3) A copy of the local mail–in recertification form must be included for this Office’s approval if the State mail-in Recert/Eligibilty Questionaire (LDSS-4887) will not be used or if the CNS supported process is not used. If a district develops their own mail–in eligibility questionnaire the following mandated areas of language must be addressed on each district’s local mail-in recertification form. (a) Supplemental Nutrition Assistance Program Change Reporting Rules – federally required SNAP language for six month reporting. (b) SSI Interim Assistance Repayment Agreement – provides authorization for the Social Security Administration (SSA) to send the SSD the recipient’s initial Supplemental Security Income (SSI) payment to the SSD to repay

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interim assistance provide to the individual while their SSI application was pending. (c) Lifeline Opt-out–outlines opt out provision for Lifeline. (d) Able Bodied Adult Without Dependents (“ABAWD”) – required reporting language when an ABAWD’s monthly participation in employment or other work activities falls below 80 hours. (e) National Voter Registration Act (NVRA) – required to ensure recipient awareness of NVRA. (4) Specifically address the implications of the waiver for Medical Assistance (MA) and Supplemental Nutrition Assistance Program (SNAP). (5) Identification of the target caseload (i.e., household composition, school attendance, etc.). (6) How often eligibility mail out questionnaires will be sent. (7) Timeframe within which the client must respond. (8) The action the local district will take if the questionnaire is not returned. d. To submit a waiver request mail request to: Phyllis Morris, Deputy Commissioner Office of Temporary and Disability Assistance Center for Employment and Economic Supports 40 North Pearl Street –11th floor Albany, NY 12243 e. Districts must not modify an approved waiver without this Office’s approval. f.

Districts must inform this Office in writing in the instance of stopping a waiver process and reinstituting the regulatory requirement.

g. This Office may rescind the approval of any eligibility mail out waiver or suspend such process when circumstances make such action appropriate. h. If the recipient does not respond within this 10-day period, the case shall be closed at the end of the 10- day period. Any request for assistance made after a case is closed shall be considered a new application. i.

If the recipient responds to the eligibility mail out during the 10-day notice period, the 10-day notice of proposed discontinuance shall be nullified. Note: A local district may request and the Office may approve a waiver of the regulatory provisions, which direct that failure to respond to an eligibility mail out within certain time periods will result in case closing.

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Such waiver requests may be included with the district's eligibility questionnaire process waiver or may be submitted anytime thereafter. j.

The mail-in recertification process must not be used for any of the following groups: (1) TA cases in which any member of the filing unit has earnings or for which a legally responsible relative’s earnings are budgeted. (2) TA cases in which any member of the household is sanctioned. (3) TA cases in which a time-limit trackable individual has reached a time-limit count of 48 months or more, effective January 1, 2006.

k. If an individual’s status changes by reason of becoming sanctioned or employed during a current certification period when that person is on a mail-in recertification cycle, the district must make the change to remove the person from the mail-in recertification cycle and place them on a six month face-to-face recertification at the time of the next face-to-face recertification. 3. OPTIONAL SYSTEM GENERATED MAIL–IN RECERT USING CLIENT NOTICES SYSTEM (CNS) Districts outside of New York City have the option of using the Welfare Management System (WMS) to generate the State Mail-in Recert/Eligibility Questionnaire (LDSS4887) as an attached form to the CNS mail–in recertification notice to be sent to designated TA recipient cases approximately six weeks prior to the six month point of a 12 month certification period. For instructions on how to implement this process see 06 ADM–10 “Revised Temporary Assistance (TA) Mail–in Recertification Process”. 4. QUALITY CONTROL REVIEWS (92 ADM-41) – When a head of household refuses without good cause to cooperate in a quality control review, the entire household is ineligible for TA until the head of household cooperates with the review. a. Good cause includes circumstances beyond the head of household's control, such as, but not limited to: (1) Illness of the head of household, (2) Illness of another household member requiring the presence of the head of the household or, (3) A household emergency. b. Failure to cooperate with a QC review exists when the head of household will not provide a State or federal quality control reviewer with information or documentation that is necessary to complete the quality control review. When the head of household fails to cooperate, a quality control reviewer will notify the local district by using the "Report of Incomplete Quality Control Review", DSS-1971. c. The form, DSS-1971, may be used during other local district audits, such as expanded reviews. If the form must be used for failure to cooperate in any review other federal QC, it will be annotated that it is not federal QC.

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d. When such notification is received from State quality control, the local district must send the household a timely and adequate notice to close the case. e. The suggested client notice reason language is, "You did not cooperate with the Quality Control Reviewer. You were given more than one chance to cooperate. You did not tell us a good reason why you did not cooperate. This decision is based on Office regulations 326.1 and 351.22(d)". f.

A case that is closed for failure to cooperate with a QC review and which reapplies within three months after closing can be reopened only after the head of household cooperates or agrees to cooperate with quality control. This is true even if the QC sample period has ended. (1) The eligibility worker must notify the local district QC liaison that the household has reapplied. (2) The local district QC liaison must contact State QC to determine if QC will conduct the review. (3) If no review will be done, the case can be opened if otherwise eligible. (4) If QC will conduct the review, they must notify the local district QC liaison that they are satisfied that the head of household will cooperate. The QC liaison can then notify the eligibility worker that the case may be opened if the case is otherwise eligible. (5) If the head of household still refuses to cooperate, the case must be denied.

g. Failure to cooperate does not exist if the head of household cannot provide the necessary information for reasons beyond the control of the household. (1) If the TA eligibility examiner has information about the household that may help to establish good cause, the examiner should pass the information on to the QC reviewer. (2) The ultimate decision about good cause for non-cooperation with a QC review rests with QC. 5. INDICATION OF INELIGIBILITY OR CHANGE IN NEED – When a local district receives indication of ineligibility or of change in degree of need, action shall be taken to review these situations as they occur. An investigation shall be initiated promptly and completed within 30 days. 6. VERIFIED INELIGIBILITY OR CHANGE IN NEED a. INELIGIBILITY OR DECREASE IN NEED – When a local district verifies ineligibility or a change which results in a decrease in need, it shall immediately initiate action to reduce the grant for the appropriate payment month and notify the recipient of the

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proposed change in his assistance grant in accordance with OTDA Regulations. See TASB Chapter 13, Section A. b. INCREASE IN NEED – When the verified data indicates an increase in need, action shall be taken immediately to increase the grant for the next payment period possible under the existing payment procedure. See TASB Chapter 13, Section A. c. ADDITIONAL LOCAL DISTRICT ACTIONS – An appropriate entry shall be made in the case record of whatever action is taken and the basis for this. d. CHANGE IN GRANT – A reduction or increase in grant involves a reauthorization for a continuing grant in a different amount. e. CASE CLOSED – This is a final terminal action signifying that the case is no longer eligible for financial assistance in that TA program. Such action is also taken when the case is transferred or reclassified to another category of TA. f.

The case must be closed when the recipient fails to pick up temporary assistance benefits from an electronic payment file transfer outlet for two consecutive months.

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D. DISQUALIFICATION FOR INTENTIONAL PROGRAM VIOLATION 1. OVERVIEW This section describes the processes and procedures that must be followed when a TA recipient is accused of intentionally violating the requirements of the SNA program (including the veteran assistance program) or the FA program in a fraudulent manner. If such a recipient is found to have committed an intentional program violation (IPV), the recipient may be disqualified from participation in such program for the periods of time set forth in this Section 2. DEFINITIONS a. FA/SNA IPV – IPV in either the FA or the SNA program means the commission of one or more acts in violation of standards for the FA or SNA program. An FA or SNA-IPV occurs when an individual has established or maintained his or her eligibility or the eligibility of the individual's family for either FA or SNA or has increased or prevented a reduction in the amount of either FA or SNA including veteran assistance, by intentionally: (1) Making a false or misleading statement, or misrepresenting, concealing or withholding facts concerning the individual's eligibility for FA or SNA, (2) Committing any act intended to mislead, misrepresent, conceal, or withhold facts or propound a falsity concerning the individual's eligibility for FA or SNA, or (3) Engaging in any conduct inconsistent with the requirements of the FA or SNA program. b. ADMINISTRATIVE DISQUALIFICATION HEARING – Administrative disqualification hearing means a hearing scheduled by the Office, at the request of a local district, upon the submission by the local district of sufficient documentary evidence to establish that an individual has committed one or more acts in violation of program standards described in paragraph 1 above. c. WAIVER OF ADMINISTRATIVE DISQUALIFICATION HEARING – Waiver of administrative disqualification hearing means an election of an individual, in compliance with the provisions of this Section , to accept the imposition of an appropriate penalty contained in this Section without a hearing. d. DISQUALIFICATION CONSENT AGREEMENT – Disqualification consent agreement (DCA) means a document signed by an accused individual in which an individual or any caretaker relative or head of household admits to committing an IPV and consents, as described in TASB this Section, to the imposition of an appropriate disqualification penalty, as set forth in this Section without a trial. e. CARETAKER RELATIVE – Caretaker relative means a parent or other relative, as defined in TASB Chapter 9, A, 1. with whom a child eligible for FA or non-cash

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SNA/FP. It also applies to case with children that are receiving SNA because of the State sixty-month time limit. f.

HEAD OF HOUSEHOLD – The head of household is the member of the applicant household designated by the household to represent the household in all matters pertaining to its eligibility for and receipt of benefits. The head of household classification must not be used to impose special requirements on the household, such as requiring that the head of household, rather than another responsible member of the household, appear at the certification office to apply for benefits.

3. RESPONSIBILITIES a. DUAL RESPONSIBILITY – The Office and local districts have the responsibility for investigating the alleged commission of IPVs and ensuring that the procedures set forth in this Section are followed. b. ADMINISTRATIVE HEARINGS – Administrative hearings for SNA-IPV and FA-IPV may be scheduled by the Office, provided that not more than six years have elapsed between the month an individual committed an IPV and the date on which the local district discovered the IPV, and the Office determines that there is evidence to substantiate that an IPV has occurred. 4. LOCAL DISTRICT INVESTIGATION UNIT OPERATIONS PLAN. This plan must include: a. A brief description of the organizational units responsible for the investigation and prosecution of allegations of client fraud; b. A brief description of any claims establishment (recoupments) and collection activities for which this organizational unit may also be responsible; c. An explanation of the coordination between the investigation units and the prosecutor; i.e., courts in which cases of alleged frauds are heard, referral process, etc; d. An explanation of how it is proven that the individual was advised on the record of the court of the disqualification provision prior to entering any plea; and, e. A copy of or a statement of the agreement with the District Attorney's office in accordance with OTDA Regulation 18 NYCRR 348.2(c). All plans must be submitted to: New York State Office of Temporary and Disability Assistance Audit and Quality Improvement - Riverview 40 North Pearl Street Albany, NY 12243 f.

Local districts must report information on individuals who have been found to commit IPVs in the TA program to the Office's Case Integrity Unit.

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5. REFERRAL TO THE INVESTIGATION UNIT a. When an inconsistency in the facts of a TA case is discovered, the TA worker must document the inconsistency, including the amount of any overpayment and determine whether it was the result of a potential IPV. b. If the worker has reason to suspect an individual has committed an act, which may be an IPV, the worker starts the recoupment. c. The onset of a recoupment may be delayed if it is determined that collection action may negatively impact the possibility of obtaining an IPV determination. d. For TA, a timely and adequate notice must be sent and if there is a Supplemental Nutrition Assistance Program impact, a repayment agreement must also be sent. This may be done concurrently with referring the case to the local district's Investigation Unit. e. The procedures for making the referral must be established by the local district. f.

The Investigation Unit then conducts an investigation of the alleged/potential IPV. There does not have to be an actual overpayment to be an IPV.

g. If the Investigation Unit determines that the allegation is unfounded or that all the elements necessary to process the case further as an IPV are not present (e.g., unavailability of pieces of documentary evidence required to prove the intent of the client), no further action is taken and the eligibility worker is notified to begin the recovery of overpayments if this has not already begun. 6. REFERRAL TO PROSECUTING AUTHORITIES a. The local district must refer a case involving an TA IPV in which it believes the facts warrant civil or criminal prosecution to the appropriate district attorney, or to any other prosecutor authorized to act on the matter, and not to the Office for an administrative disqualification hearing. b. This will not apply in instances in which the local district has received prior notification from the district attorney or other equivalent prosecutor that the amount of any overpayment or over-issuance determined by the local district to exist is less than the amount which the appropriate official has deemed sufficient for prosecution, provided that the local district has not been notified by any other prosecutor authorized to act on the matter that such prosecutor intends or desires to prosecute such matter. c. The Office may not reverse a determination following an administrative disqualification hearing for lack of compliance with the provisions of this Section. 7. DISQUALIFICATION CONSENT AGREEMENT (DCA) – A DCA must be in a format prescribed by the Office and must include:

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a. Notification to the accused individual of the consequences of signing the agreement and consenting to a disqualification penalty; b. A statement for the accused individual to sign indicating that he or she understands the consequences of signing the agreement, along with a statement that any caretaker relative or head of household must also sign the agreement if the accused individual is not the caretaker relative or head of household; c. A statement that signing the agreement will result in disqualification of the accused individual and reduction or discontinuance of assistance for the disqualification period, even if the accused individual was not found guilty of civil or criminal misrepresentation or fraud; d. A statement describing the disqualification period which will be imposed as a result of the accused individual's signing the agreement; and e. A statement that the remaining members of the household or assistance unit, if any, will be held responsible for repayment of the overpayment or over-issuance, unless the accused individual has already repaid the overpayment or over-issuance as a result of meeting the terms of any agreement with the prosecutor or any court order. f.

The LDSS-4903 “Disqualification Consent Agreement and LDSS-4904 “Notice of Consequences to a Disqualification Agreement” is available online. See 08-INF-06.

8. COURT ACTION AND DCAs a. When a case is referred to the appropriate district attorney, or to any other prosecutor authorized to act on the matter, and is accepted for prosecution, the prosecutor may choose to settle the case or a court of appropriate jurisdiction hearing the case may issue a pre-determination disposition order, such as an order adjourning the case in contemplation of dismissal, provided that full restitution is made. In such cases, the local district may use a DCA as described in paragraph 7. a ,above. b. Local districts which contemplate the use of DCA's must enter into written agreements with the appropriate prosecutors which give the local districts opportunity to send advance written notification of the consequences of signing a DCA to the assistance unit or household when deferred adjudication is contemplated. c. If the prosecutor requests or authorizes a local district to assist in obtaining a DCA as described in paragraph a above, a copy of the DCA, together with the notification of the consequences of signing the DCA must be provided to the accused individual at least 10 days prior to the execution of the DCA and the accused individual must be advised that he or she may obtain a legal or other authorized representative for counsel and advice prior to and at the time the DCA is executed by such accused individual.

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9. COMMENCEMENT OF THE ADMINISTRATIVE DISQUALIFICATION HEARING PROCESS a. Upon discovering and determining that an IPV may have occurred, the local district must document the determination and reach a conclusion as to whether the documented acts constitute an IPV in accordance with the definitions described in D.2 above. b. If the local district concludes that the documented acts resulted in an IPV and that referral, in accordance with this Section, to the appropriate prosecutor authorized to act on the matter, is not warranted or not possible due to the amount in issue, the local district may process the case for an administrative disqualification hearing. c. If the local district refers an overpayment or over-issuance to the appropriate prosecutor authorized to act on the matter, and that prosecutor declines to prosecute or fails to take action on the referral within a reasonable period of time, and the local district elects to initiate the process for an administrative disqualification hearing, the local district must formally withdraw in writing the referral to the prosecutor before referring the case to the Office. d. Failure to present evidence of such a formal written withdrawal either in its evidentiary transmittal to the Office or at the hearing may result in an administrative disqualification hearing decision adverse to the local district. e. If the local district elects to process a case for an administrative disqualification hearing, it must assemble documentary evidence which the local district believes is sufficient on its face to support its determination of IPV and forward the evidence in the form of an evidentiary packet to the Office of Administrative Hearings, Office of Temporary and Disability Assistance, with a request that the Office schedule an administrative disqualification hearing. f.

If the local district processes a case for an administrative disqualification hearing for a SNAP-IPV and the factual issues arise from the same or related circumstances as a case for an TA IVP, the cases must be consolidated and the local district must submit with the required evidentiary packet a statement of the particular IPV being alleged and the sanction sought to be imposed for each such IPV being alleged.

g. The evidentiary packet forwarded by the local district to the Office accompanying the local district's request for an administrative disqualification hearing must have consecutively numbered pages, must be submitted in three copies for each accused individual and must include, but not be limited to, the following: (1)

The full name (including middle name), the complete address (including county of residence), the social security number, the case number and the date of birth of the person(s) charged and against whom a disqualification penalty is sought;

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(2)

A list of the particular charge(s) and the individual or individuals against whom a disqualification penalty is sought, together with any statement required by paragraph f above if cases are consolidated;

(3)

A summary of the evidence to be introduced;

(4)

A listing of the names, titles and phone numbers of all local district personnel and witnesses who will appear in support of the determination;

(5)

An itemized list of all the exhibits included in the packet with the page number(s) on which each exhibit is found;

(6)

Copies of all documents to be used in support of the local district's determination;

(7)

Information as to when and where the original evidence exhibits submitted in the case may be reviewed;

(8)

Information as to the availability of free legal services; and

(9)

A statement indicating whether the individual previously has been determined to have committed an IPV by either a court of competent jurisdiction or an administrative disqualification hearing decision or whether the individual previously has waived attendance at an administrative disqualification hearing or previously has signed a DCA. If the person previously has been determined to have committed an IPV or previously has waived attendance at an administrative disqualification hearing or previously has signed a DCA, supporting documentation of such facts must be included in the evidentiary packet.

(10) Verification of actual benefits received is required when submitting the evidentiary packet. h. Upon receipt of a local district's request for a hearing and accompanying evidentiary packet, the Department will review the packet to determine if it contains sufficient documentary evidence to substantiate that an individual has committed one or more IPVs in accordance with the definition described in this Section. The Office also will determine whether the evidentiary packet satisfies the provisions of paragraph g,1 above. i.

If the Office review of the evidentiary packet indicates that there is either insufficient documentary evidence to establish that an IPV was committed or that the packet does not comply with the provisions of paragraph g,1 above, the Office will return the packet to the local district and not schedule a hearing.

10. NOTIFICATION OF ADMINISTRATIVE DISQUALIFICATION HEARING a. Following a determination that the evidentiary packet is sufficient, the Office must schedule an administrative disqualification hearing. The notice of administrative disqualification hearing which notifies the accused individual of the scheduled

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hearing must be mailed certified mail, return receipt requested, to the accused individual. b. The hearing will be held at a time and place convenient to the accused as far as practicable, taking into account circumstances such as physical inability to travel to a regular hearing location. c. When it mails the notice of administrative disqualification hearing to the accused individual, the Office must mail to the local district, which requested the hearing a notification of the time, date and place of the hearing by regular mail. d. A written notice of administrative disqualification hearing must be provided by the Office to an individual alleged to have committed an IPV in accordance with the definitions described in this Section. This notice must be provided to the individual at least 30 days prior to the date of the administrative disqualification hearing. The notice must include all of the following: (1) The date, time, and place of the hearing. (2) The charge(s) against the individual. (3) A summary of the evidence and how and where the evidence may be examined. (4) A statement warning that the decision will be based solely on information provided by the local district if the individual fails to appear at the hearing. (5) A notification that the individual or the individual's representative may have an opportunity to examine all documents and records to be used at the hearing by calling an identified telephone number and making arrangements to examine the documents and records at a specified place, provided that confidential information, such as names of individuals who have disclosed information about the TA unit or the nature or status of pending criminal prosecutions, cannot be released. (6) Notification of the individual's right to: (a) An adjournment provided that such a request is made at least 10 days in advance of the scheduled hearing date. In addition, such notification must advise the individual that if an adjournment is requested less than 10 days prior to the scheduled hearing date, the individual must demonstrate good cause for requesting the adjournment; (b) Present the case or be represented by legal counsel or other person; (c) Bring witnesses; (d) Advance arguments without undue interference; (e) Question or refute any testimony or evidence;

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(f) Confront and cross-examine adverse witnesses; and (g) Submit evidence to establish all pertinent facts in the case. (7) Notification that the accused individual has the right to remain silent during the hearing process, but that inferences can be drawn from the silence of the individual. (8) A statement that upon request, a copy of Office Regulation 359 will be made available to the individual or his or her representative at the local district during normal business hours. (9) Copies of the sections of Office Regulation 359 relevant to the hearing process. (10) A citation of the State regulations governing the hearing and/or offense where appropriate (11) A listing of legal aid and/or legal services organizations, which are available to assist in the defense of the case. (12) A statement that the hearing does not preclude the State or federal government from prosecuting the individual for fraud in a civil or criminal court action, or from collecting an overpayment or recovering over-issuances of benefits. (13) A statement that in order to receive a new hearing the individual or the individual's representative will have 10 days from the date of the scheduled hearing to present to the Office good cause reasons for failing to appear at the hearing. (14) A description of the penalties that can result from a determination that the individual has committed an IPV and a statement of the penalty which is applicable to the individual. (15) An explanation that the individual may, in writing, waive his or her right to appear at an administrative disqualification hearing as provided in this Section. This explanation must include: (a) The date that the signed waiver must be received by the Office and a place in which the accused individual can sign his or her name. This explanation must also include: (i) A statement that any caretaker relative or head of household must also sign the waiver if the accused individual is not the caretaker relative or head of household and a place in which such person can sign his or her name; and, (ii) The waiver statement must include an appropriately designated signature block in which such other individual can sign his or her name; (b) A statement of the accused individual's right to remain silent concerning the charge(s), but that inferences can be drawn from the silence of the individual,

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and that anything said or signed by the individual concerning the charge(s) can be used against him or her in a court of law or at an administrative hearing; (c) The fact that a waiver of an individual's right to appear at an administrative disqualification hearing may result in a disqualification penalty and a reduction or discontinuance of TA for the appropriate period even if the accused individual does not admit to the facts as presented by the local district; (d) An opportunity for the accused individual to specify whether or not he or she admits to the facts as presented by the local district; (e) The telephone number and, if possible, the name of the Office employee to contact for additional information; and (f) the fact that the remaining members, if any, of the household or assistance unit will be held responsible for the repayment of any overpayment or overissuance. 11. ADMINISTRATIVE DISQUALIFICATION HEARINGS Following a determination that the evidentiary packet is sufficient, the scheduling of an administrative disqualification hearing and the receipt of the notice required by this Section, an administrative disqualification hearing will be conducted in accordance with the following requirements. a. CONSOLIDATED HEARING – Where factual issues arise from the same or related circumstances, a consolidated administrative disqualification hearing will be held for an SNAP-IPV and TA IPV. All evidence, testimony and proof relating to the consolidated cases will be presented together, but separate findings will be made with respect to each separately alleged IPV. b. ADJOURNMENT – An administrative disqualification hearing will be adjourned when: (1) The request for such adjournment is made at least 10 days in advance of the scheduled hearing date; or (2) The request for such adjournment is made less than 10 days prior to the scheduled hearing date and the individual demonstrates good cause for requesting the adjournment. (3) The hearing cannot be adjourned for more than a total of 30 days. c. RIGHTS IN THE ADMINISTRATIVE DISQUALIFICATION HEARING PROCESS – The accused individual, or such individual's representative, must have adequate opportunity to:

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(1) Examine the contents of the individual's case file, and all documents and records to be used by the local district at the hearing, at a reasonable time before the date of the hearing and during the hearing; (2) Present the case himself or herself, or with the aid of an authorized representative; (3) Bring witnesses; (4) Establish all pertinent facts and circumstances; (5) Advance any arguments without undue influence; and (6) Question or refute any testimony or evidence including the opportunity to crossexamine adverse witnesses. d. CONDUCT OF AN ADMINISTRATIVE DISQUALIFICATION HEARING (1) The hearing officer must advise the accused individual that he or she may refuse to answer questions during the hearing. (2) The burden of proving that an accused individual has committed an IPV is on the local district. (3) When an individual has been convicted in a State or federal court of a TA IPV, and such conviction was based on a plea of guilty, and such conviction was based on the same set of facts which will be the subject of the administrative disqualification hearing, and such individual was not advised on the record in the court proceeding of the disqualification provisions: (a) Neither the conviction itself nor the records of the court proceeding may be used in any manner in the administrative disqualification hearing; and, (b) The existence of the court proceeding may not be disclosed in any manner to the hearing officer by the Office or local district nor by any person acting on behalf of the Office or local district nor by any witness presented by any local district official. (4) All provisions in Office Regulation 358 and this Section concerning the conduct of fair hearings, which are not inconsistent with any of the specific provisions of this section, are applicable to administrative disqualification hearings. e. DECISION AFTER AN ADMINISTRATIVE DISQUALIFICATION HEARING (1) The decision after an administrative disqualification hearing must be based exclusively on clear and convincing evidence and other material introduced at the hearing, which demonstrates that an individual committed and intended to commit one or more IPV.

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(2) The decision after an administrative disqualification hearing must specify the reasons for the decision, identify the supporting evidence, identify the pertinent statutes or regulations and respond to reasoned arguments made by the individual or his or her representative. (3) The Office must conduct the hearing; arrive at a decision and forward the decision to the local district for implementing action within 90 days of the date of the notice of administrative disqualification hearing. In the event of a clientrequested adjournment, this time limit will be extended by the number of days the hearing was postponed. f.

DEFAULT OF AN ADMINISTRATIVE DISQUALIFICATION HEARING (1) If an accused individual cannot be located or fails to appear at a hearing scheduled pursuant to this section, the opportunity to appear at the hearing may be considered to be defaulted by such individual unless the individual contacts the Office within 10 days after the date of the scheduled hearing and presents good cause reasons for the failure to appear. If such reasons exist, the hearing will be rescheduled. A determination that good cause exists must be entered into the record. (2) If the opportunity to appear at a hearing has been defaulted by the accused individual in accordance with paragraph (1) above the hearing must be conducted without the accused individual being present. Even though the accused individual is not present, the hearing officer is required to consider the evidence carefully and determine if an IPV was committed based on clear and convincing evidence. (3) If an accused individual fails to appear at a scheduled administrative disqualification hearing and is found to have committed an IPV, but a hearing official later determines that the individual had good cause for not appearing, the previous decision will not remain valid and a new hearing will be scheduled and conducted. The hearing officer who presided originally at the hearing may conduct the new hearing.

g. ACCESS TO RECORD OF PROCEEDINGS – The transcript or recording of testimony, exhibits, or other official reports introduced at the hearing, together with all papers and requests filed in the proceeding, and the original or a true copy of the decision after an administrative disqualification hearing must be made available to the individual or to the individual's representative at a reasonable time and place. h. REVIEW OF DISQUALIFICATION HEARING DECISIONS – A subsequent fair hearing cannot reverse A decision that an IPV has been committed. However, the disqualified individual is entitled to seek relief in a court having appropriate jurisdiction pursuant to article 78 of the Civil Practice Law and Rules. The period of disqualification may be subject to stay or other injunctive remedy ordered by such a court, but any period for which sanctions are imposed shall remain in effect, without possibility of administrative stay, unless and until a court of appropriate jurisdiction subsequently reverses the finding upon which the sanctions were imposed.

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12. WAIVER OF AN ADMINISTRATIVE DISQUALIFICATION HEARING a. An administrative disqualification hearing is waived when a waiver of administrative hearing document which is sent by the Office to an individual for whom the Office has scheduled an administrative disqualification hearing is properly executed by the individual or any caretaker relative or head of household, if the accused individual is not the caretaker relative or head of household, and received by the Office. b. The Office will send written notification to the local district which had requested the hearing that it may impose the appropriate penalty contained in this Section upon sending a notice of disqualification to the individual, as described in this Section. A waiver of an administrative disqualification hearing must comply with the provisions of this Section. c. A disqualification penalty, which has been imposed following a waiver of an administrative disqualification hearing, cannot be changed in a subsequent fair hearing. There is no right to appeal the penalty by a fair hearing. d. Upon timely receipt of a properly executed waiver, the Office will notify the local district in writing of the cancellation of the scheduled administrative disqualification hearing and of the local district's responsibility to proceed with the recovery of any overpayment or over-issuance. e. When an individual waives his or her right to appear at an administrative disqualification hearing, the disqualification and appropriate reduction or discontinuance of assistance must result regardless of whether the individual admits or denies the charges made by the local district. 13. PENALTIES a. FA/SNA – Individuals found to have committed an TA-IPV, either through an administrative disqualification hearing or by a court of appropriate jurisdiction, or who have signed either a waiver of right to an administrative disqualification hearing or a DCA confirmed by a court, will be ineligible, individually or as a member of an assistance unit, to receive FA/SNA (including veteran assistance): (1) For six months for the commission of a first TA-IPV, and the offense is less than $1,000 (2) For 12 months for the commission of a second IPV, or the offense is between $1000 and $3900; and (3) For 18 months for the commission of a Third IPV, or the offense is over $3900. (4) For 5 years for the commission of a fourth or subsequent offense. EXAMPLE: A Safety Net Assistance recipient with no prior disqualifications for an IPV is convicted of an offense in an amount of $4,000. This individual is now ineligible for all TA programs for a period of 18

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months. The remaining household members may, if otherwise eligible, receive TA. b. BUDGETING OF DISQUALIFIED INDIVIDUALS – The income and resources of the disqualified individual, but not his or her needs, must be considered in determining the remaining case members' eligibility and degree of need for TA. c. COURT DETERMINES IPV – If a court of appropriate jurisdiction determines that an individual has engaged in conduct that would constitute an IPV in accordance with the definitions described in this Section, the local district must impose the penalties except as otherwise set forth below: (1) Notwithstanding the provisions of this section, an individual found guilty of an IPV must be disqualified from the TA program for the length of time specified by the court, if the court has imposed a disqualification period for such a violation. (2) With respect to a TA-IPV, if a court fails to impose a disqualification period, the local district may impose the disqualification penalties for a TA-IPV, as specified above. (3) If a court orders disqualification, but a date for initiating the disqualification period is not specified, the local district must initiate the disqualification period for currently eligible individuals within 45 days of the date the disqualification was ordered. (4) If a court does not order disqualification, but disqualification must be imposed as the result of a criminal or civil court determination finding that an individual has engaged in conduct that constitutes an IPV, the local district must initiate the disqualification period for currently eligible individuals within 45 days of the date of the court determination. (5) No individual may be sanctioned for an TA-IPV on the basis of a conviction in a State or federal court if that conviction is based on a plea of guilty unless the individual was advised on the record in the court proceeding of the disqualification provisions contained in this section prior to the entry of the plea. (6) An individual not so advised may, however, be subject to an administrative disqualification hearing on the same set of facts as the court proceeding, provided that neither the conviction itself nor the records of the court proceeding may be used in any manner in the administrative disqualification hearing, nor may the Office or a local district, any person acting on behalf of the Office or a local district or any witness presented by the Office or a local district, disclose the existence of the court proceeding in any manner to the hearing officer. 14. DISQUALIFICATION – The local district must disqualify from the appropriate program(s) the individual(s) found to have committed an IPV, or who have signed a waiver of right to an administrative disqualification hearing or DCA, in cases referred for prosecution, but not the entire assistance unit or household of such individual(s), except as provided below.

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a. A disqualified individual is ineligible to participate in a program from which he or she is disqualified for the periods provided in paragraph D,13 of this section. Note: When one member of a multi-person SNA case is sanctioned for fraud and the case type changes to FA during the sanction period, the sanctioned client continues his period of ineligibility while in the FA case. b. If an individual signs a DCA, the period of disqualification will begin within 45 days of the date the individual signed the DCA unless the DCA is incorporated into a court determination issued at a later date or a court determination has specified the date for initiating the disqualification period, in which event the local district will disqualify the individual in accordance with the court order. 15. NOTICE TO BE SENT – If there is a determination that a member of the household or assistance unit has committed an IPV, the local district must take immediate action to send the individual a notice of disqualification. a. In the case of an individual who is not currently in receipt of TA, the disqualification period will be postponed until after a re-application for benefits under the applicable program has been approved. b. Once a disqualification penalty has been imposed against a member of the household or assistance unit, the period of disqualification continues uninterrupted until completed regardless of the eligibility of the other members of the household or assistance unit. However, the disqualified member's household or assistance unit continues to be responsible for repayment of any overpayment or over-issuance which resulted from the disqualified member's IPV regardless of the household's or unit's eligibility for TA. 16. REPORTING – Local districts must report to the Office information on individuals who have been found to commit an IPV by a hearing decision or a court or who have signed a waiver of hearing or a DCA. The following data must be submitted on each individual: a. b. c. d. e. f.

Full name; Social security number; Date of birth; Number of disqualification(s) (1st, 2nd, 3rd, etc.); Date disqualification took effect for a currently otherwise eligible individual; and Length of disqualification imposed or to be imposed. This information is to be submitted no later than 20 days after the date the disqualification took effect, or would have taken effect for a currently ineligible individual, the imposition of whose disqualification penalty will not be imposed until the individual becomes eligible for assistance or benefits. This information is to be updated by local districts where appropriate.

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CHAPTER 6 – CONTINUING ELIGIBILITY References

REFERENCES 351.1 351.20 351.21 351.22 351.24 352.17 359.0 359.1 359.2 359.3 359.4 359.5 359.6 359.7 359.8 359.9 06 ADM – 10 “Revised Temporary Assistance (TA) Mail –in Recertification Process” Attachment – Mail-In Recert/Eligibility Questionnaire Attachment – Mail-In Recert/Eligibility Questionnaire (Spanish) 01 ADM-14 Attachment – List of Waiver Districts 97 ADM-23 Attach 1 - 11 Attach 12 Errata 96 ADM-5 Attachment 95 ADM-1 93 ADM-9 93 ADM-8 92 ADM-41 90 ADM-41 89 ADM-50 85 ADM-38 08 INF-06 Attachment A – LDSS 4903 Attachment B – LDSS 4904 02 INF – 21 “ Temporary Assistance Procedures: Certification periods of TA Cases with Earned Income” 99 INF-12 95 INF-8 94 INF-11 92 INF-49 91 INF-60 Related Items 90 INF-65

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77 ADM-40 TASB Chapter 13 - Budgetary Method TASB Chapter 5 A - Definition: Investigation TASB Chapter 5 D - Sources of Information SNAPSB Section 6- Continuing Eligibility Section 5- Initial Eligibility Determination

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CHAPTER 7 – TA EMPLOYMENT / PARTICIPATION REQUIREMENTS

CHAPTER 7: Temporary Assistance Employment/ Participation Requirements For Temporary Assistance employment requirement information, please: 1. Refer to the: Temporary Assistance Bureau and Supplemental Nutrition Assistance Program Manual; or 2. Contact your Employment Technical Advisor with employment/work requirement questions. 3. The Temporary Assistance & Supplemental Nutrition Assistance Program is accessible via the Welfare to Work Caseload Management System and CentraPort.

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CHAPTER 8 – NOTICE OF AGENCY DECISION Section A – Definitions

CHAPTER 8: NOTICE OF AGENCY DECISION A. DEFINITIONS 1. NOTICE OF ACTION – Notice of action means a notice from a local district advising an applicant, recipient or resident of a tier II facility of any action the local district intends to take or has taken on his/her TA. This includes the acceptance, denial, discontinuance, suspension, or reduction of TA, an increase in TA, a change in the amount of one of the items used in the calculation of a TA grant although there is no change in the amount of such TA grant, a change in the manner or method or form of payment of a TA grant, and determination that an applicant for or recipient of TA is employable, and a denial or acceptance of HEAP or a determination to discharge a resident of a tier II facility involuntarily after such resident requests and participates in a hearing held by the facility or the local district in which the facility is located. 2. ADEQUATE NOTICE – Adequate notice means a notice of action, or an adverse action notice, or an action taken notice which contains all provisions necessary for the notice to meet adequacy standards. Please see this Chapter, Section B, Section C and Section D for the provisions of adequate notice. 3. TIMELY AND ADEQUATE NOTICE – Timely and adequate notice means a notice which meets the adequacy provisions and which is mailed at least 10 days before the date upon which the proposed action is to become effective. 4. NOTICE DATE – The date the worker completes the notice. On a timely and adequate notice, the date must be at least ten days before the effective date of the action. On adequate – only notices and notices given at application, the date may be less than ten days from the effective date of the action. 5. EFFECTIVE DATE – The date the action or change will occur. Fair hearing regulations require that notice be given as to when an action will take effect. a. In situations which require timely and adequate notice of adverse action (i.e., discontinuance, reduction), the effective date is used to determine if aid continuing can be given. In order for an appellant to have the right to aid continuing, the fair hearing must be requested by the effective date. b. In situations which require an adequate – only notice, the postmark date of the notice is used to determine whether the appellant is entitled to aid continuing (reinstatement) when a hearing is requested. 6. CLIENT NOTICE SYSTEM (CNS) – produces automated notices using case and individual information contained in WMS. Automated notices through CNS include all required information as well as an ABEL budget narrative.

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B. ADEQUATE NOTICE 1. Basic Requirements – To be considered adequate, the notice must include: a. The action the local district proposes to take or is taking, and b. If a single notice is used for all affected assistance, benefits or services, the effect of such action, if any, on a recipient's other assistance, benefits or services. Otherwise the notice shall state that there will be a separate notice for other affected assistance. 2. Additional Requirements – the adequate notice must specify the following: a. For reduction in a TA grant - Both the dollar amount of assistance prior to the reduction and the reduced amount; b. For recoupment - The total amount to be recouped and the rate of recoupment must be specified. Also , the adequate notice must inform the recipient of their right to claim that the rate of recoupment will cause undue hardship; c. For a notice of authorization of a TA grant – The amount of the grant; d. For an increase in a TA grant – The new amount of the grant; e. For all actions except a denial – The effective date of the action; f.

For all actions except an acceptance of an application for TA – The specific reasons for the action;

g. The specific laws and/or regulations upon which the action is based; h. The applicant's or recipient's right to request an agency conference and fair hearing; i.

The procedure for requesting an agency conference or fair hearing, including the address and telephone number where a request for a fair hearing may be made and the time limits within which the request for a fair hearing must be made;

j.

An explanation informing the recipient that a request for a conference is not a request for a fair hearing and that a separate request for a fair hearing must be made. Furthermore, that a request for a conference does not entitle one to aid continuing, and that a right to aid continuing only arises when a request for a fair hearing has been made; and

k. When the local district action or proposed action is a reduction, discontinuance, or restriction of TA, the circumstances under which; (1) TA will be continued or reinstated until the fair hearing decision is issued; that a fair hearing must be requested separately from a conference;

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(2) A statement that when only an agency conference is requested and there is no specific request for a fair hearing, there is no right to continued TA; (3) That participation in an agency conference does not affect the right to request a fair hearing; (4) The right of the applicant or recipient to review the applicant's or recipient's case record and to obtain copies of documents which the local district will present into evidence at the hearing and other documents necessary for the applicant or recipient to prepare for the fair hearing at no cost. (5) The notice must also contain an address and telephone number where the applicant or recipient can obtain additional information about: (a) The applicant’s or recipient’s case; (b) How to request a fair hearing (c) Access to the case file; and/or, (d) Obtaining copies of documents (6) The right to representation by legal counsel, a relative, friend or other person, to represent oneself, the right to bring witnesses to the fair hearing and to question witnesses at the hearing; (7) The right to present written and oral evidence at the hearing; (8) The liability, if any, to repay continued or reinstated benefits, if the recipient loses the fair hearing; (9) Information concerning the availability of community legal services to assist an applicant or recipient at the conference and fair hearing; (10) A copy of the budget or the basis for the computation, in instances where the local district's determination is based upon a budget computation. This does not apply to actions taken involving HEAP benefits. 3. The TA, SNAP and MA sections of the combined notice must always be completed.

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CHAPTER 8 – NOTICE OF AGENCY DECISION Section C – Mass Changes

C. MASS CHANGES 1. When an automatic TA grant adjustment is required for a class of recipients because of a change in either State or federal law, the notice provided to a member of such class will be adequate if it includes: a. A statement of the intended action; b. The reasons for such intended action; c. A statement of the specific change in the law requiring such action; d. A statement of the circumstances under which a hearing may be obtained and assistance continued. Such statement must advise the recipient that although the recipient has the right to have a hearing scheduled, the hearing officer at the hearing may determine that the recipient did not have a right to a hearing or continuation of assistance unless the reason for the appeal is the incorrect computation of the grant; and, e. The liability, if any, to repay continued or reinstated assistance, if the recipient loses the fair hearing.

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CHAPTER 8 – NOTICE OF AGENCY DECISION Section D – Notice of Action

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D. NOTICE OF ACTION 1. Notice of Action is required when a local district proposes: a. To accept, deny, increase or make change in the calculation of the grant amount and method of payment. b. Except as set forth in this Chapter, Section E, a timely and adequate notice shall be provided, when a local district: (1) Takes any action to discontinue or reduce a TA grant; (2) Changes the manner, method or form of payment of a TA grant; or, c. An adequate only notice shall be provided when the local district: (1) Accepts an application for TA (2) Denies an application for TA (3) Increases a TA grant (4) Determines to change the amount of one of the items used in the calculation of a TA grant, even if there is no change in the amount of the TA grant. d. Action based on a change in State or federal law requiring automatic TA grant adjustments for classes of recipients. When a member of a class of TA recipients for whom changes in either State or federal law require automatic grant adjustments, recipients are entitled to timely notice of such grant adjustment. This notice will be adequate if it includes those items listed in this Chapter, Section B, C, and D. e. Residents of tier II facilities have the right to adequate-only notice when they have been involuntarily discharged from a tier II facility as as defined in Office Regulation 900 and TASB Chapter 17, Section E, and have requested and participated in a hearing, held by the facility or by the local district in which the facility is located, to determine whether the resident should be involuntarily discharged. Such notice must be on a form mandated by the Department, which meets the requirements for an adequate notice as set forth in this Chapter, Section B.

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CHAPTER 8 – NOTICE OF AGENCY DECISION Section E – Exceptions to Timely Notice Requirements

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E. EXCEPTIONS TO TIMELY NOTICE REQUIREMENTS 1. A recipient of TA has the right to adequate-only notice no later than the effective date of the proposed action when: a. The local district has factual information confirming the death of a recipient or the payee of an FA case, and there is reliable information that no relative is available to serve as a new payee. b. The local district has received a clear written statement signed by the recipient which includes information that requires the local district to discontinue or reduce the TA and the recipient has indicated in such statement that he/she understands that such action will be taken as a result of supply such information. c. The local district has received a clear written statement from the recipient indicating that he/she no longer wishes to receive TA. d. The local district has reliable information that the recipient has been admitted or committed to an institution or prison which renders him/her ineligible for assistance or services under the Social Services Law. e. The recipient's whereabouts is unknown and mail addressed to him/her by the local district has been returned by the post office with an indication that there is no known forwarding address. However, TA will be given to the recipient if the local district is made aware of his/her whereabouts during the period covered by TA benefit; or the recipient has been accepted for TA in another local district, and that acceptance has been verified by the local district previously providing him/her with such assistance. f.

The recipient has been placed for long-term care in a skilled nursing home, intermediate care facility or hospital.

g. A child has been removed from the home as a result of a judicial determination, or voluntarily placed in foster care by the child's legal guardian. h. A special allowance granted for a specific period has been terminated and the recipient has been informed in writing at the time that he/she was first granted the special allowance that the allowance would automatically terminate at the end of the specified period. i.

The local district has determined to accept the application for TA or has determined to increase assistance.

j.

A recipient of SNA has been determined eligible for SSI and the local district has made a determination that the amount of SSI makes the recipient no longer eligible for SNA.

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CHAPTER 8 – NOTICE OF AGENCY DECISION Section F – Factors Common to all Notices

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F. FACTORS COMMON TO ALL NOTICES 1. Heading – Completion of all sections of the heading is required except for Office No., Unit No., Worker No. and the telephone number for the unit or worker. The unit or worker responsible for issuing the notice must be identified. 2. Notice Date – This is the date the worker completes the notice. 3. Telephone Numbers a. Legal Assistance Information – In local districts where there is only one advocacy agency, the telephone number for that agency should be given. Local districts that have more than one advocacy agency should list a social services number where the client can receive information about advocacy agencies that represent clients residing in the local district. Use of numbers which are not Department of Social Services numbers should be cleared first with the outside agency to assure they are correct and that the agency is able to handle the telephone inquiries that might result. b. Agency Conference, Fair Hearing Information and Assistance, Record Access – The notice is designed to give one general number or specific numbers for each type of information needed. If local districts opt to use a general telephone number, procedures must be in place to ensure that clients who call to request information in one or more of the above areas are directed to a person who has the knowledge and authority to respond to the specific need. 4. CIN/RID (Client Identification Number/Recipient Identification Number) – The CIN/RID number is that of the head of household. 5. Client Rights Language – The text on the reverse side of each notice is based on one prototype and the only substantive difference between the forms is in the aid continuing sections. 6. Distribution – The State-mandated notices are comprised of three-ply chemically carbonless paper which will eliminate the need for photo-copying. Two copies of the notice are to be sent to the client and the remaining copy is for the case record.

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CHAPTER 8 – NOTICE OF AGENCY DECISION Section G – Combined Manual Notices

G. COMBINED MANUAL NOTICES 1. Manual notices will be used in those situations in which the Client Notices System (CNS) does not support the action or when CNS may be unavailable. For detailed information about the preparation of a CNS notice, please refer to: http://otda.state.nyenet/dta/manuals/CNSCodesText.pdf. 2. Combined manual notices are seperated into two pages. The first page, Notice A provides information about TA and Medical Assistance eligibility and the second page, Notice B, provides information about SNAP eligibility.

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CHAPTER 8 – NOTICE OF AGENCY DECISION Section H – Manual Notices Used at Application

H. MANUAL NOTICES USED AT APPLICATION 1. The manual notices below are sent to TA applicants. They describe the effect of the action on eligibility and/or benefit amounts of each of the three program areas – TA, SNAP, and MA. a. LDSS-4013 A (05/16)/LDSS–4013A NYC (05/16) “Action Taken on Your Application: Public Assistance, Supplemental Nutrition Assistance Program Stamps Benefits and Medical Assistance Coverage”. This notice is to be used to inform applicants of the decision made on their application for TA. b. LDSS-4013 B (05/16) / LDSS–4013B NYC (05/16): “Action Taken on Your Application: Public Assistance, Supplemental Nutrition Assistance Program Benefits and Medical Assistance Coverage 2. Important information needed to complete the TA Section of the LDSS-4013A or LDSS4013A NYC a. The recoupment statement is a requirement under Office Regulation 358. If a TA application is accepted and a recoupment for past over-payments is taken, the box before the recoupment statement must be checked and a clear explanation of the reason for the recoupment provided. b. If a TA recipient is not receiving SNAP as part of the TA case (e.g., the household indicated it did not want SNAP, the household is receiving SNAP under another TA case or in a separate mixed household case), this must be written on the FS section of the combined TA notice. 3. Important information needed to complete the SNAP Section of LDSS-4013B/LDSS4013B-NYC. This section is used to tell an applicant the disposition of the application accepted, denied or pended. a. Supplemental Nutrition Assistance Program policy requires that clients be advised when benefits will be available on an automated system. The Approved box allows for this entry. b. If an established FS claim is being recovered by allotment reduction, the OVERPAYMENT box must be checked. However, a recoupment cannot be taken and this box checked unless all appropriate procedures and notices have been used regarding claims establishedment. (See SNAPSB) 4. MA Section – For MA instructions see the Medicaid Reference Guide (MRG).

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CHAPTER 8 – NOTICE OF AGENCY DECISION Section I – Manual Notices Used at Recertification

I. MANUAL NOTICES USED AT RECERTIFICATION 1. The following manual notices are used to inform recipients of the result of their recertification. a. LDSS-4014 A (5/16)/LDSS-4014A NYC (05/16), “Action Taken on Your Recertification: Public Asssitance, Supplemental Nutrition Assitance Program Benefits, Medical Assistance coverage and Services”. b. LDSS-4014B (05/16) / LDSS-4014B NYC: (05/16) “Action Taken on Your Recertification: Public Asssitance, Supplemental Nutrition Assistance Program Benefits, Medical Assistance coverage and Services”. 2. Important information needed to complete the TA Section of the LDSS-4014 A or LDSS4014 A NYC. When the recertification results in a negative action for any of the programs, this notice must be postmarked at least 10 days prior to the effective date of the action. a. Clients must be notified of the result of their recertification, even if there is no change in the grant amount. The action continue your regular monthly TA grant unchanged is included on the notice. b. This notice has space to inform the client of other amounts which the client can expect to receive during the certification period. For example, if a household receives a recurring visitors allowance, the amount, reason and dates can be entered in this space. c. The recoupment section, if applicable, must be completed. d. If the client reports a change which results in a different budget calculation, even if it results in no change in the benefit amount, a copy of the budget and the ABEL budget narrative must be sent with the notice. 3. Important information needed to complete the SNAP Section of the LDSS-4014 B. a. If an established SNAP claim is being recovered by allotment reduction, the OVERPAYMENT box must be checked. However, a recoupment cannot be taken and this box checked unless all appropriate procedures and notices have been used regarding claims establishedment. (See SNAP SB) b. When a household is not participating in the SNAP Program, a notation must be made on the reason line in the SNAP section indicating why the household is not participating. 4. MA Section – For MA instructions see the Medicaid Reference Guide (MRG).

New York State Office of Temporary & Disability Assistance

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CHAPTER 8 – NOTICE OF AGENCY DECISION Section J – Manual Notices Used to Advise a TA Recipient of Changes to Eligibility

J. MANUAL NOTICES USED TO ADVISE A TA RECIPIENT OF CHANGES TO ELIGIBILITY (timely and adequate notice) 1. The following notices are used to advise a TA recipient of changes to eligibility or benefit amount during the certification period – reductions, discontinuations, increases, or continuation of assistance unchanged (when an action has been taken which did not affect the amount of the benefit). a. LDSS-4015A (05/16)/LDSS–4015A NYC (05/16) “Notice of Intent to Change Benefits: Public Assistance, Supplemental Nutrition Assistance Program Benefits, Medical Assistance Coverage and Services” (timely and adequate) b. LDSS-4015B (05/16)/LDSS–4015B NYC (05/16) “Notice of Intent to Change Benefits: Public Assistance, Supplemental Nutrition Assistance Program Benefits, Medical Assistance Coverage and Services” (timely and adequate) 2. TA/SNAP Sections – This notice is used to provide timely notice to a recipient (i.e., notice at least ten days before the action will take effect) and must be used if the change requires timely notice for any program area covered by the notice. Example: An increase in the TA grant which does not require timely notice results in a decrease to SNAP. This notice must be used because the adverse SNAP action requires timely notice. In this situation, the effective date of the TA change may be different (earlier) than the effective date of the SNAP change. 3. The recoupment section, if applicable, must be completed. if a recoupment is currently in place, the RECOUPMENT box must be checked. 4. When a household is not participating in the SNAP Program, a notation must be made on the reason line in the Supplemental Nutrition Assitance Program section indicating why the household is not participating. 5. MA Section – For MA instructions see the Medicaid Reference Guide (MRG).

New York State Office of Temporary & Disability Assistance

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CHAPTER 8 – NOTICE OF AGENCY DECISION Section K – Manual Notices Used for Intent to Change TA Benefits

K. MANUAL NOTICES USED FOR INTENT TO CHANGE TA BENEFITS (Adequate Only) 1. The following notices are used to tell a recipient of changes to eligibility or benefit amounts during the certification period, when timely notice is not required. a. LDSS-4016A (05/16)/LDSS-4016A NYC (05/16): “Notice of Intent to Change Benefits: Public Assistance, Supplemental Nutrition Assistance Program benefits, Medical Assistance Coverage and Services”. (Adequate Only) b. LDSS-4016B (05/16)/LDSS-4016B NYC (05/16): “Notice of Intent to Change Benefits: Public Assistance, Supplemental Nutrition Assistance Program benefits, Medical Assistance Coverage and Services”. (Adequate Only) 2. Based on the different program requirements this adequate – only notice can be used for TA households under the following circumstances: a. The conditions for adequate – only notice for TA and MA apply and no notice is required for SNAP. b. Even though notice is not required for SNAP, the appropriate SNAP boxes on the combined notice must be completed to avoid confusing the recipients about their SNAP eligibility and benefits. c. The action being taken is an increase for both TA and SNAP, or an increase in either program that does not adversely affect the other program. 3. TA Section – This recoupment section, if applicable, must be completed. 4. SNAP Section: a. This notice is used to inform a TA recipient of a SNAP change during the certification period that does not have any effect on TA, MA or Services Benefits. For example, a change in SNAP Program regulations that results in decreased SNAP benefits but has no effect on the TA grant. b. If an overpayment is currently in place for Supplemental Nutrition Assistance Program, see SNAP SB. c. This notice will be used to inform recipients of increase and continue actions. The only other time adequate- only notice can be given for a SNAP action is when the action is the result of information reported on the periodic report. The DISCONTINUE box may be used at local district option in situations where no notice is required. These situations are specified in SNAP SB Section 7-B-4-all. 5. MA Section – For MA instructions see the Medicaid Reference Guide (MRG).

New York State Office of Temporary & Disability Assistance

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CHAPTER 8 – NOTICE OF AGENCY DECISION Section L – Other Manual Notices

L. OTHER MANUAL NOTICES 1. LDSS-3152 (5/16): ACTION TAKEN ON YOUR SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM BENEFITS CASE (7/06) and LDSS-2114 (15/16): CONTINUING YOUR PUBLIC ASSISTANCE, MEDICAL ASSISTANCE AND/OR SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM BENFITS – Under certain circumstances, these notices must be used by the TA worker for a TA household. See SNAP SB for information regarding when and how these notices are used for a TA case.

New York State Office of Temporary & Disability Assistance

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CHAPTER 8 – NOTICE OF AGENCY DECISION Section M – TA Only Manual Notices

TASB 12/21/2016

M. TA ONLY MANUAL NOTICES 1. LDSS-2425A/LDSS-2425A local equivalent(LE) (NYC): REPAYMENT OF INTERIM ASSISTANCE NOTICE – Every individual whose initial SSI payment is received by a local district must receive a LDSS-2425A, “Repayment of Interim Assistance Notice” (LDSS-2425A-LE) providing the individual with a complete accounting of his/ her SSI benefits withheld as reimbursement for Interim Assistance. (Please see Chapter 10, Section L). Please refer to 11 INF-10 attachment 5 for instructions on completing the LDSS-2425A. 2. LDSS-4002 (05/16): ACTION TAKEN ON YOUR REQUEST FOR ASSISTANCE TO MEET AN IMMEDIATE NEED OR A SPECIAL ALLOWANCE: a. TA section – This notice is to be used whenever an applicant requests assistance to meet an immediate need or when a recipient requests an additional allowance to meet a special or immediate need. (1) A decision on a request for an additional allowance must be made within 30 days of the local district's receipt of a completed request form (LDSS-3815): "Request For An Additional Allowance By A Temporary Assistance Recipient" unless there is an immediate need. (2) The LDSS-4002 (05/16): Provides that the applicant may be told about up to three requests. For example, the individual may have requested a broker’s fee, moving expenses, and a security deposit. The district may tell the individual about the decision about each of the requested items. (3) The LDSS-4002 (05/16): Also allows the worker to indicate that the notice is a follow-up on a previous request. For example, the applicant claimed an immediate need – an eviction – on November 7th. The worker found that the eviction would not occur before December 1st. The LDSS-4002 issued on November 7th told the applicant that since the emergency is not one that had to be met that day, the applicant was being referred to the housing specialist for resolution of the emergency. The housing specialist contacted the landlord and after some negotiation, the landlord agreed to withdraw the eviction action since DSS agreed to pay the rent arrears. On November 12th, the housing specialist issued a second LDSS-4002 telling the applicant that the emergency would be met by the payment of the rent arrears to avoid the eviction. The housing specialist noted that this notice was a follow-up to the November 7th notice. (4) allows space for the worker to inform the appicant if repayment is required and the repayment amount. (5) In the case of an immediate need of an applicant or recipient, notice must be provided in accordance with 02 ADM-02. b. SNAP section – Self-explanatory. c. MA section – For MA instructions see the Medicaid Reference Guide (MRG).

New York State Office of Temporary & Disability Assistance

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CHAPTER 8 – NOTICE OF AGENCY DECISION Section N – ABEL Budget Narratives for Manual Notice Only

N. ABEL BUDGET NARRATIVES FOR MANUAL NOTICE ONLY Each time that a TA applicant or recipient receives a grant-related manual notification, and is provided with a TA ABEL budget, a copy of the appropriate TA budget narrative must also be provided, as follows: 1. OPENINGS – Whenever an applicant is sent a notification of acceptance for TA, and a new case is opened, copies of the TA ABEL budget used to calculate the grant and copies of the "Public Assistance Budget Benefit Narrative" (LDSS-3951 rev-9/15) shall be furnished to the applicant. 2. DENIALS – Whenever the opening of a TA case is denied due to failure to meet financial eligibility requirements, copies of the TA ABEL budget used to determine the ineligibility shall be provided to the applicant and the appropriate budget narrative shall also be supplied. Either of two following TA budget narratives may be appropriate: a. "Public Assistance Excess Gross Income Narrative" (LDSS-3952 rev 9/15) for ineligibility due to total gross income limit. b. "Public Assistance Excess Net Income Narrative" (LDSS-3953 rev 9/15) for ineligibility due to excess net income. 3. UNDERCARE CASE CHANGES – Whenever a change in the circumstances of a recipient affects the TA grant (increase or decrease) and a manual notice is provided, copies of the TA ABEL budget used to determine the budgetary change and copies of the "Temporary Assistance Budget Benefit Narrative" (LDSS-3951 rev 9/15) shall be furnished with the notifications of change. 4. When there is a change in the amount of one of the items used in the calculation of the TA grant, even if there is no change in the amount of the grant, the "Temporary Assistance Budget Benefit Narrative" (LDSS-3951 rev 9/15) shall be furnished with the required manual adequate notice. 5. RECERTIFICATIONS – Whenever a TA case is recertified with a change (increase or decrease) in the grant amount and a manual notice is provided, printed copies of the TA ABEL budget used to determine the amount of grant and a copy of the "Temporary Assistance Budget Benefit Narrative" (LDSS-3951 rev 9/15) shall be furnished with the notification of change. 6. If there is no change in the grant amount as a result of recertification, except when there is a change in the amount of any item(s) used in the calculation of the grant amount, issuance of TA ABEL budgets and the budget narrative is a local district option. 7. If a case is ineligible upon recertification, the case is treated as a closing. 8. CLOSINGS, RECERTIFICATION CLOSINGS – Whenever a manual notice is provided to a TA case that is terminated due to failure to meet financial eligibility requirements, including closings at the time of recertification, copies of the TA ABEL budget used to determine the ineligibility shall be provided to the recipient and the appropriate budget explanation shall be supplied. Either of two TA budget narratives may be appropriate:

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CHAPTER 8 – NOTICE OF AGENCY DECISION Section N – ABEL Budget Narratives for Manual Notice Only

a. "Temporary Assistance Excess Gross Income Narrative" (LDSS-3952 rev 9/15) for ineligibility (closing) due to total gross income exceeding the limit; b. "Temporary Assistance Excess Net Income Narrative" (LDSS-3953 rev 9/15) for ineligibility (closing) due to excess net income. 9. CLOSINGS DUE TO LUMP SUMS – Whenever a manual notice is provided to a TA case closed for a specified period of time due to the receipt of income in a lump sum payment, notifications of budgetary changes resulting in a closing shall be provided to the client. TA ABEL budgets used to determine this closing and a copy of the "Temporary Assistance Lump Sum Ineligibility Narrative" (LDSS- 3954 rev 9/15) shall also be furnished. 10. BOTTOM-LINE BUDGETS – In case situations requiring a bottom-line budget, the applicant or recipient shall be mailed a copy of the bottom-line budget (showing as much financial data as possible) and a copy of the most appropriate TA budget narrative.

New York State Office of Temporary & Disability Assistance

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CHAPTER 8 – NOTICE OF AGENCY DECISION Section O – Tranfers, Reclassifications and Withdrawals

O. TRANSFERS, RECLASSIFICATIONS AND WITHDRAWALS 1. TRANSFERS AND RECLASSIFICATIONS – All of the procedures covering notification of agency decisions shall be observed for persons actively in receipt of assistance or care when transferred or reclassified to another program. The notification should include statements covering the programs involved and the reason for the change, and the right of complaint or appeal if dissatisfied with the new action. 2. WITHDRAWAL OF APPLICATION – It is not a requirement under Office Regulation 358 that local districts provide notice when an application is withdrawn. It is, however, strongly recommended that local districts send a notification to the client that the application dated ________ was withdrawn at the client's request and state the reason cited by the client. A copy should be kept in the case record. Notification can be provided by a letter to the applicant or by a form the local district has developed for that purpose. When an application is withdrawn, the reasons therefor shall be recorded in the case record.

New York State Office of Temporary & Disability Assistance

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CHAPTER 8 – NOTICE OF AGENCY DECISION Section P – References

P. REFERENCES 355.3 358-2.15 358-2.2 358-2.23 358-3.3 89-ADM-21 88-ADM-27 07-INF-02 Attachment 02-INF-28 Attachment I Attachment II Attachment III Attachment IV 01-INF-17 00-INF-1 98-INF-11 88-INF-83 11-INF-10 91-LCM-57 90-LCM-192 89-LCM-177 Related Item 355.5 SNAP SB Section 7 – Notice of Agency Decision Section 15 – Claims Against Households

New York State Office of Temporary & Disability Assistance

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CHAPTER 9 – FAMILY ASSISTANCE Section A – Definitions

CHAPTER 9: FAMILY ASSISTANCE A. DEFINITIONS 1. CARETAKER RELATIVE – A relative related to the child by any degree of blood marriage or adoption. See section J, below for a complete listing. 2. TANF-FUNDED ASSISTANCE – In New York State, payments through FA, CAP, SNA funded from TANF, and payment for recurring cash assistance needs (needs extend beyond four months) through EAF qualify as TANF-funded assistance. 3. FAMILY ASSISTANCE (FA) PROGRAM – FA is one of the federally funded temporary assistance (TA) program for families. FA can only be provided to a family that includes a minor child living with a parent or caretaker relative, or to a pregnant woman. As a TANF-funded program, FA is subject to the State 60-month lifetime limit on assistance. 4. DURATIONAL TIME LIMIT – There is a lifetime limit of 60 months, whether or not consecutive, that is imposed upon individual adult recipients of federally-funded TANF block grant assistance. After an adult has received such assistance for 60 months, he or she is ineligible for such assistance unless exempted from the limit. In addition, such federally funded assistance must not be issued to the family that includes an adult who has reached the limit. 5. DURATIONAL TRACKING – This is the process of counting the calendar months in which a trackable individual receives federal TANF-funded assistance, either in New York State or elsewhere, and any SNA cash assistance (case type 16), which also counts toward the State 60-month time limit. The purpose of tracking is to apply the State 60-month time limit in eligibility decisions for federally funded assistance when a trackable member of a family has reached the limit, and to inform applicants for and recipients of TA about the number of months used toward the limit. 6. TRACKABLE INDIVIDUAL – A trackable individual is an adult or a minor head of household, or minor married to the head of household, who is receiving TANF-funded assistance or SNA cash assistance. A minor is considered to be a head of household when he or she is the grantee for his or her own family. A minor with a child of his or her own who resides in an adult-supervised living arrangement in which payment is made to a person who is not the minor and who is responsible for the disposition of the funds, shall not be considered a "head of household" and therefore shall not be tracked toward the time limit while residing in such an arrangement as a minor. 7. MINOR CHILD – A minor child is an individual who is not yet eighteen years old, or who is between eighteen and nineteen and is a full-time student in a secondary school, or in the equivalent level of vocational or technical training. At least one individual in the family must be a "minor child" or a pregnant woman for FA eligibility to exist. 8. ADULT – An individual who is not a minor child; that is, someone who is either nineteen or older, or who is between eighteen and nineteen years old and not a full time student in a secondary school, or in the equivalent level of vocational or technical training. New York State Office of Temporary & Disability Assistance

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CHAPTER 9 – FAMILY ASSISTANCE Section A – Definitions

9. MONTH OF ASSISTANCE – A calendar month will count toward the durational time limit as one month of assistance whenever any assistance for recurring need is provided through a TANF-funded program, or in which SNA cash assistance (case type 16) is provided, for all or for any part of the month. In New York State, TANF-funded assistance includes ADC, FA, and CAP from December 2, 1996, and TANF-funded SNA after August 4, 1997. SNA cash assistance includes Home Relief provided after August 4, 1997. Each calendar month in which such assistance is provided is countable toward the lifetime limit of any trackable individual (that is, any adult or minor head of household) in the case. The following special situations apply: a. The following are Exempt from count: (1) Services with no monetary value. (2) Once only emergency payments for non-recurring needs (needs do not extend beyond four months), including diversion payments, do not count toward the time limit. (3) Assistance to a minor child and the child or children of such individual in an adult-supervised living arrangement will not count toward the individual's time limit, provided that the minor child is not the grantee. (Assistance to such a minor parent will be counted only if he or she is a "head of household" or the spouse of the head of household). (4) Non-cash Safety Net Assistance unless TANF-funded. (5) Assistance in a "child only" case - for example, an FA case consisting of a minor child who lives with a parent who receives Supplemental Security Income. b. The following are Countable paymenets: (1) Months in which no cash payment was issued will count if a recoupment was being taken which eliminated the potential TANF-funded payment. (2) Months of assistance in other states count if the assistance is provided through federal TANF block grant funds - for example, through that state's FA or equivalent program. (3) Months in which a sanctioned but trackable individual remains a member of an assistance unit receiving TANF-funded temporary assistance or SNA cash assistance. 10. TIME LIMIT COUNT – The time limit count is the numerical count for an individual of the number of months of assistance that have been applied toward the limit of sixty months over the lifetime record for the individual, beginning with the TANF-funded assistance under PRWORA - from December 2, 1996 in New York State, and with SNA cash assistance under the Welfare Reform Act (WRA) of 1997 - after August 4, 1997. 11. EXEMPTION – Under the WRA, exemption to application of the time limit will be made New York State Office of Temporary & Disability Assistance

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CHAPTER 9 – FAMILY ASSISTANCE Section A – Definitions

on the basis of hardship when the adult family member is unable to work because of an independently verified physical or mental impairment including those which result from domestic violence, or when the adult family member receives Supplemental Security Income (SSI) benefits or additional State payments under Section 208 of the Social Services Law. Given such a determination of hardship, TANF-funded assistance will be provided to a family that contains an individual who has reached the State 60-month limit on such assistance. 12. NEW YORK STATE TWO YEAR LIMIT ON SNA CASH ASSISTANCE – In addition to the State 60-month time limit on receipt of TANF-funded assistance, a two year lifetime limit on receipt of cash assistance through SNA (case type 16), whether or not TANFfunded, after August 4, 1997. SNA received after August 4, 1997 counts toward the 24month time limit on SNA cash assistance, as well as toward the State 60-month time limit on TANF-funded assistance. The State 60-month and the 24-month time limits are thus inter-related and impact on each other.

New York State Office of Temporary & Disability Assistance

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CHAPTER 9 – FAMILY ASSISTANCE Section B – Application for FA

B. APPLICATION FOR FA 1. FA applications must be received and recorded on the State-prescribed form. 2. The relative with whom the child will live is the applicant on the child's behalf. 3. If children, or a child, from one family are placed with eligible relatives in different homes, each eligible relative shall make a separate application and, if found otherwise eligible, shall receive an FA grant for the child or children under his care.

New York State Office of Temporary & Disability Assistance

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CHAPTER 9 – FAMILY ASSISTANCE Section C – Application as an Assignment

C. APPLICATION AS AN ASSIGNMENT 1. The application for or receipt of FA or SNA-FP (case type 11 and 12) shall constitute an assignment to the State and the local district concerned of any rights to support from any other person as such applicant or recipient may have in his own behalf, or in behalf of ,any other family member for whom the applicant or recipient is applying for or receiving assistance. 2. In a manner prescribed by the Office, applicants for or recipients of FA or SNA-FP shall be informed that such application for or receipt of such benefits will constitute such an assignment. LDSS-4148A "What You Should Know About Your Rights and Responsibilities" informs TA applicant/recipients of this assignment. 3. Such assignment will terminate with respect to current support rights upon a determination by the local district that such person is no longer eligible for FA or SNAFP, except with respect to the amount of any unpaid support obligation that has accrued.

New York State Office of Temporary & Disability Assistance

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CHAPTER 9 – FAMILY ASSISTANCE Section D – Determination of Initial Eligibility

D. DETERMINATION OF INITIAL ELIGIBILITY 1. GENERAL REQUIREMENTS – Eligibility for FA must be determined for each applicant in accordance with the policies and procedures generally applicable in TA. 2. FACTORS OF ELIGIBILITY – The determination of initial eligibility shall include consideration of the following factors: a. Financial eligibility criteria: (1) Financial need b. Categorical eligibility criteria: (1) Age (2) Welfare of child or minor (3) Residence within the State (4) Living arrangements (5) Relationship of child to relative 3. SOCIAL SECURITY NUMBER (SSN) a. Districts must inform the applicant of the requirement to furnish or apply for a SSN for each applying member of the household or for each member who receives assistance. Any individual who refuses to apply for or verify his/her SSN is ineligible. When an adult caretaker refuses to apply for or verify a child’s SSN, both the child and the caretaker are ineligible for FA. b. Non-applying household members whose needs and income are considered in determining the amount of assistance granted to the household must furnish or apply for an SSN as a condition of eligibility for the entire household. If such persons refuses to do so, the entire TA household is ineligible for assistance. c. Districts must not deny, delay or discontinue assistance pending issuance or verification of a SSN if the applicant or recipient has complied with applying for and SSN. d. For information on obtaining SSN's see TASB Chapter 5, Section N. 4. CHILD SUPPORT ENFORCEMENT PROGRAM – The applicant shall be advised of the requirement of complying, when applicable, with the requirements of the Child Support Enforcement program. LDSS- 4148A "What You Should Know About Your Rights and Responsibilities" contains this information. See also Section S of this chapter.

New York State Office of Temporary & Disability Assistance

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CHAPTER 9 – FAMILY ASSISTANCE Section D – Determination of Initial Eligibility

5. WORK REQUIREMENTS – Districts must advise the applicant of the requirements of complying, when applicable, with work requirements. LDSS-4148A "What You Should Know About Your Rights and Responsibilities" contains this information. For Temporary Assistance employment requirement information: a. Refer to the Temporary Assistance and Supplemental Nutrition Assistance Program Employment Policy Manual or Contact your Employment Technical Advisor with employment/work requirement questions. b. The Temporary Assistance and Supplemental Nutrition Assistance Program Employment Policy Manual is accessible via the Welfare To Work Caseload Management System and CentraPort. 6. AUTOMATED FINGER IMAGING SYSTEM (AFIS) a. Enrollment in AFIS is a condition of eligibility for all TA applicants and recipients. 7. INDIVIDUALS INELIGIBLE TO RECEIVE FA The provisions below apply to individuals, not households. Treat persons found to be ineligible under the provisions below as sanctioned individuals. They are budgeted according to the incremental method, Office Regulation 352.30(d), and TASB Chapter 13, Section M. a. Teen Parent Education This provision requires an unmarried teen parent, whose youngest child is at least 12 weeks of age, to participate in educational activities directed towards receiving a high school diploma or GED as a condition of TA eligibility. The individual's ineligibility will continue unless he or she participates in educational activities directed toward the attainment of a high school diploma or its equivalent or an alternative educational or training program directly related to employment approved by the local district. The remainder of the household continues to receive TA, if otherwise eligible. (1) A local district may exempt the minor parent from this requirement if it has been determined by a medical, psychiatric or other appropriate professional that the minor parent lacks the requisite capacity to successfully complete the course of study. (2) A minor parent is not subject to this requirement during any period that enrollment in required educational activities is not available. (3) Districts may use the "School Attendance Verification" form, LDSS-3708 to verify attendance in school. b. Persons in Receipt of Simultaneous Benefits Persons previously convicted in a federal or State court of making a fraudulent statement or representation regarding his or her place of residence in order to New York State Office of Temporary & Disability Assistance

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CHAPTER 9 – FAMILY ASSISTANCE Section D – Determination of Initial Eligibility

receive TA, MA, or SNAP simultaneously from two or more states, or Supplemental Security Income (SSI) in two or more states are ineligible for TA. This ineligibility extends for a period of ten years, beginning on the date of the individual’s conviction. This does not apply to any month beginning after the President of the United States grants a pardon to the individual. The remainder of the household may receive TA, if otherwise eligible. c. Fleeing Felons/Probation/Parole/Violaters Person(s) fleeing to avoid prosecution or custody, or conviction under the laws of the place from where they are fleeing, for a crime or for an attempt to commit a crime, are ineligible to receive FA. The crime must be a felony, under the laws of the place from where they are fleeing, which in the case with the State of New Jersey fleeing to avoid prosecution is a high misdemeanor. This makes the person(s) ineligible for TA and SNAP. (1) In addition, any individual who is violating a condition of probation or parole imposed under federal or State law is not eligible for FA or SNAP. The remainder of the household may receive TA and SNAP, if otherwise eligible. (2) A person is violating a condition of probation or parole only if: (a) The person is currently an absconder from probation or parole supervision and a warrant alleging such a violation is outstanding, or (b) The person has been found by judicial determination to have violated probation or by administrative adjudication by the division of parole to have violated parole, or (c) The person is violating a condition of probation or parole imposed under federal law. (3) An individual who is identified as being a probation/parole violator is considered as such until it is verified that he or she has been restored to probation or parole supervision or released from custody, or until the person's maximum period of imprisonment or supervision has expired. Note: Probation or parole includes conditional release. d. Absence of Minor (1) The district must sanction the parent/caretaker relative if he/ she does not notify the local district within 5 days of when it becomes clear that the minor will be absent for 45 consecutive days or more. (2) A district must not sanction a minor member of the household if he/she is expected to be absent without good cause for 45 consecutive days or more.

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CHAPTER 9 – FAMILY ASSISTANCE Section D – Determination of Initial Eligibility

(3) Minor children who are absent from the home for less than 45 days are not subject to the good cause provisions as long as it is determined that the parent or relative retains full responsibility for control of the child. (4) Good cause for purposes of this provision includes: (a) Absence for placement in foster care – if the goal stated in the child service plan is the return of the child to a member of the household and return is expected within a reasonable time. (b) Attendance at school – if it is in the best interests of the child to return home and return is expected within a reasonable time. (c) Hospitalization – if it is in the best interests of the child to return home and return is expected within a reasonable time. (d) Attendance at camp. (e) Visits to friends or relatives if the child will return within a reasonable time. 5. "Reasonable time" is not being defined in order to allow workers to use professional judgement in making a determination of what constitutes reasonable time in individual case circumstances. Eligibility workers are strongly urged to consult with services workers for foster care cases and other cases in which services is involved. 6. When the local district learns that a minor is, or is expected, to be absent from a TA household, the local district must determine whether the minor is expected to be absent from the household 45 consecutive days, or more, without good cause. If so, the local district must: (a) Provide timely and adequate notice to the household that the absent child is being removed from the TA household. (b) Remove the child from the case budget effective with the first semi-monthly payment due to the household following the expiration of the 10 day notice period. (c) Determine if an overpayment has been made in accordance with TASB Chapter 13, Section A-8 and initiate recoupment, if appropriate, in accordance with TASB Chapter 22. (d) Change case category, if appropriate. (e) Determine whether the child's parent or caretaker relative notified the district within 5 days of the date it became clear to that individual that the absent child would be absent for 45 consecutive days, or more. If the parent or caretaker relative did not inform the local district within the required 5-day period, the local district must:

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CHAPTER 9 – FAMILY ASSISTANCE Section D – Determination of Initial Eligibility

(i) Provide timely and adequate notice to the parent or caretaker relative (usually the case head) that that person is being removed from the TA household for a period equal to the number of calendar months (a partial month counts as a whole month) the temporarily absent child was absent before the district was informed. (ii) Remove the parent or caretaker relative from the TA household for the appropriate sanction period noted above; (iii) Determine if an overpayment has been made in accordance with TASB Chapter 13, Section A-8 and initiate recoupment, if appropriate, in accordance with TASB Chapter 22; and (iv) Change case category, if appropriate (v) In order to end the specified sanction period, the sanctioned parent or caretaker relative must request the local district to add them back onto the TA case.

New York State Office of Temporary & Disability Assistance

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CHAPTER 9 – FAMILY ASSISTANCE Section E – Financial Need

E. FINANCIAL NEED FINANCIAL NEED – Shall be determined in accordance with the approved standards of assistance. 1. CHILD LIVING WITH ONE OR BOTH PARENTS – The needs of a child living with one or both parents shall be determined for the family unit in accordance with temporary assistance (TA) standards. “18 NYCRR 352.30(a) provides that when an applicant or recipient parent resides in the same dwelling unit with his or her minor dependent children (under age 18), the minor dependent chldren must be i ncluded in the application or case. I n addition, any other dwelling unit members who are birth or adoptive siblings or parents of the applying children must also be included. Once the filing unit is determined, all the income and r esources of all members is considered to determine eligibility and t he degree of need is determined using the income and r esources of all filing unit members. Unless exempt from filing unit rules, all required individuals must apply.” 2. CHILD LIVING WITH ANOTHER RELATIVE a. DEPENDENT RELATIVE – When the child is living with an eligible relative, other than a parent, and the eligible relative is without adequate means of support, financial need will be determined in accordance with TA standards. b. SELF-MAINTAINING, NON-LEGALLY RESPONSIBLE RELATIVE – If the applicant is a non- legally responsible relative who is self-maintaining or who is supported by a spouse or other person who is not a legally responsible relative, an FA grant may be made for the needy child, according to applicable TA standards. 3. CHILD OR APPLICANT HAS SUFFICIENT RESOURCES FOR HIS OWN MAINTENANCE a. A child or minor who has sufficient financial income to meet the expenses of his own maintenance shall be considered categorically eligible for FA if the parent or eligible relative with whom he is living and who is essential to his needs has insufficient means for self-support. b. A child or minor is categorically eligible for FA if the parent or eligible relative with whom he is living has sufficient means to maintain himself but not enough to maintain the child or minor and no other resources are available. 4. AVAILABILITY OF ALL SUPPORT OBLIGATIONS - The local district official shall determine the availability of, and seek enforcement and collection of, all support obligations owed to recipients of FA and foster care pursuant to the requirements and procedures set out in Part 347 of Office Regulations.

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CHAPTER 9 – FAMILY ASSISTANCE Section F – Age

F. AGE 1. A child is eligible for FA if under 18 years of age; or if under age 19 if he/she is a full time student in a secondary school, or in the equivalent level of vocational or technical training. 2. The district must establish the age of each applying child or minor . Districts must not deny FA to children who are obviously below the age limit solely because the date of birth cannot be determined immediately. The district must establish age as soon as possible. 3. The district must establish the fact that a child 18 years of age is a full-time student in a secondary school or in the equivalent level of vocational or technical training. The following considerations shall apply to establishing such facts: a. Secondary school or the equivalent level of vocational or technical training shall mean attending public, private or parochial school with a source of study leading to a high school diploma or its equivalent whose curriculum is approved by the Education Department. b. Full-time attendance, provided it represents a program of education or training as above defined, shall be in accordance with what the individual institution considers full-time for academic institutions; c. Notwithstanding item b above, a child is considered in full-time attendance while: (1) a resident pupil temporarily absent from home, when the primary purpose is to secure educational, vocational or technical training and the parent retains full responsibility for and control of such minor; (2) enrolled in school, but on vacation; or (3) receiving instruction in the home conducted by the board of education or while in any course leading to a high school equivalency certificate [369.2(c)]. d. CONTINUING ELIGIBILITY – Districts must confirm attendance in high school or the equivalent level of vocational or technical training of a minor who is at least age 18 at each regular contact with the family. If such a minor fails to resume attendance at the next regular term following vacation, he is ineligible for FA [369.4(e)]. e. Districts may mail the LDSS-3708: "School Attendance Verification" directly to the school at the time of application, recertification, and when circumstances demand such verification.

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CHAPTER 9 – FAMILY ASSISTANCE Section G – Welfare of Child or Minor

G. WELFARE OF CHILD OR MINOR 1. A child or minor shall be eligible for FA if his home situation is one in which his physical, mental and moral well-being will be safeguarded. 2. CONCERN FOR CHILD'S WELFARE - Where there is concern for a child's welfare, referral shall be made to Children's Services for assessment of the child's home situation. Note: Local district workers are required to report cases of suspected child abuse or maltreatment in accordance with Social Services Law, Section 413. 3. DETERMINING PARENTAL ABILITY a. In determining the ability of a parent or relative to care for the child, the home shall be judged by the same standards as are applied to self-maintaining families in the community. b. If, at the time of application, a home does not meet the usual standards of health and decency, but the welfare of the child is not endangered, FA will be granted and services provided in an effort to improve the situation. Where appropriate, consultation and direct service shall be requested from Children's Services. c. The mother or other caretaker relative may be considered available for employment. (Office regulation Part 385). See the Temporary Assistance and Supplemental Nutrition Assistance Program and Employment Policy Manual.

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CHAPTER 9 – FAMILY ASSISTANCE Section H – Residence Within State

H. RESIDENCE WITHIN STATE 1. A child or minor, to be eligible for FA, shall live within the State at the time of application. His residence shall be established. 2. To establish residence a LDSS-3668: "Shelter Verification" may be mailed directly to a landlord at the time of application, recertification and when a change occurs.

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CHAPTER 9 – FAMILY ASSISTANCE Section I – Living Arrangements

I. LIVING ARRANGEMENTS 1. OWN HOME a. A child or minor, to be categorically eligible for FA, shall be living in his own home, i.e., with his parent(s) or another eligible relative. b. A child is considered to be living in his own home as long as the relative takes responsibility for the care and control of the child even though circumstances may require temporary absence of either the child or the relative. c. A child is considered to be living in his own home (the home of the caretaker relative) if the child has been placed in the home of such relative by a court, except when placement is pursuant to foster care with a plan for supervision, control, and a goal of discharge to a member of the household by the Office of Children and Family Services through its children's services program. 2. MINOR PARENT LIVING ARRANGEMENTS a. An individual who is a pregnant minor, or a minor residing with and providing care for his or her dependent child, must live with a parent, legal guardian or adult relative if he or she is: (1) Under the age of 18; and (2) Not married b. EXCEPTIONS - The individual (and minor child) will not be required to live in the household of a parent, legal guardian, or other adult relative when: (1) The individual has no living parent, legal guardian, or other appropriate adult relative whose whereabouts is known; or (2) The individual has no parent, legal guardian, or other adult relative who will allow the individual (and child) to live in his or her home; or (3) The individual (or child) has been subjected to serious physical or emotional harm, sexual abuse or exploitation in the residence of the parent, guardian or relative; or (4) Substantial evidence exists of imminent or serious harm if the individual (or child) were to reside in the same residence with the individual's parent, guardian or relative; or (5) It is in the best interest of the child to waive the requirement. Best interest will be determined by the local district on a case by case basis. c. ALTERNATIVE LIVING ARRANGEMENTS – When an exception applies to the requirement that an individual (and child) live with a parent, guardian or adult New York State Office of Temporary & Disability Assistance

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relative, and unless the individual's current living arrangement is appropriate, the local district must locate or assist the individual in locating an adult supervised supportive living arrangement. An adult supervised supportive living arrangement are those that meet the standard as stated in paragraph below. These include but are not limited to: (1) Maternity homes; and, (2) Second Chance Homes – Second chance homes are defined as a facility which provides teen parents with a supportive and supervised living arrangement in which they are required to learn parenting skills, including child development, family budgeting, health and nutrition and other skills to promote long-term economic independence and well-being of their children. d. INDIVIDUAL'S CURRENT LIVING ARRANGEMENT (1) The local district may determine if the individual's current living arrangement is appropriate by considering such factors as: (a) The individual's involvement in educational activities; (b) The availability, at or near the individuals residence, of child care which enables the individual to take part in educational activities; (c) The individual's ability to properly manage his or her grant; and (d) Other persons living in the dwelling unit with the individual. (2) These and other factors specific to the individual and child will be viewed together and support the decision that the individual's behavior appears to be responsible and would justify a continuation of that living arrangement. (3) When the local district determines that factors exist which prevent the current living arrangement from being considered appropriate, the local district may offer the individual the opportunity to locate a more appropriate arrangement and may assist the individual with expenses related to the move. (4) When no appropriate arrangement is located by the individual the local district will then require the individual to live in an adult supervised supportive arrangement, the arrangement must meet the standard stated below. Only when the individual will not live in such an arrangement can the local district deny assistance to the individual. e. STANDARDS – In the case of formal adult supervised supportive living arrangements such as maternity homes and second chance homes, the arrangements must meet the appropriate licensing or certification requirements set by the Office of Family and Children Services for that kind of facility. f.

GRANT RESTRICTION – The individual's grant should be paid to the adult in an adult supervised living arrangement, if possible.

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g. REFERRAL TO CHILD PROTECTIVE SERVICES (CPS) – If the individual alleges that one of the circumstances in paragraph above, I-2.b exists, the local district cannot deny assistance to the minor for refusing to live with the parent, guardian or adult relative unless a CPS investigation is conducted under Section 432 of Office Regulation and resulted in a contrary finding. (1) The local district can explore whether or not the individual (and child) should live in an alternative adult supervised supportive living arrangement and CAN deny assistance to the individual for refusal to live in an appropriate alternative arrangement. (2) If, after a CPS investigation and determination that the report is unfounded, the individual (and child) will be required to return to the home of the parent, guardian or relative whose home was the subject of the investigation. (3) The individual (but not the individual's child) may be denied assistance for still refusing to live there. In such an instance, the individual is entitled to a fair hearing within 30 days if the request is made timely. h. PENALTY FOR NON-COMPLIANCE – The individual is ineligible. The individual's minor child may receive assistance. 3. INFANTS IN PRISON (95 ADM-4) a. Infants, born to mothers serving prison sentences, may live in the prison nursery for up to eighteen months. This includes a stay for a period that would not extend past the child's first birthday unless there is reasonable probability that the mother is to be paroled shortly after the child becomes one year of age. b. In no case may the child remain past age 18 months. c. Such children, who are otherwise eligible for FA, are eligible for FA in this living situation. The child is considered to be living in the home of a FA relative since the mother of an infant in a correctional facility nursery is involved in the day-to-day care of the child and in the decision making about the child. d. An inmate mother with a child in the facility nursery may apply for TA and MA for the child. The most recent local district or legal residence of the mother will be the local district of fiscal responsibility (DFR). e. The DFR of a woman who is an inmate and whose infant is residing in the correctional facility nursery must accept and process the application and determine the eligibility for TA and/or MA for the infant. f.

The following will state the responsibility of Department of Correctional Services (DOCS) and DFR for each aspect of the application and eligibility process: (1) Application - The mother of the infant must complete the State-prescribed form, the DSS-2921: "Application for Temporary Assistance, Medical Assistance,

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Supplemental Nutrition Assistance Program, Services". The designated person at the correctional facility will review the application to insure that it is complete and will conduct the interview. (2) Designated Person - The designated person(s) may be a local district employee. The local district Commissioner may also approve a corrections employee, chosen by the Superintendent of the facility, as the designated person. (3) When the local district and the correctional facility decide that the designated person will be a corrections employee, the local district and the facility must enter into a Memorandum of Understanding (MOU) which sets forth the rights and obligations of each. A sample MOU is included as Attachment I of 95 ADM-4. (4) Local districts that choose to modify this MOU must submit a copy of the proposed MOU to the Office for approval, and explain procedures that vary from those in Attachment I of 95 ADM-4. Local districts must submit modified MOU's to: Office of Temporary and Disability Assistance Center for Employment and Economic Supports Temporary Assistance Bureau 40 North Pearl Street - 11B Albany, NY 12243 A copy of the modified MOU should also be submitted to: Office of Health Insurance Programs New York State Dept of Health One Commerce Plaza, Suite 826 Albany, New York 12210 (5) Any corrections staff selected to act as a designated person must complete the Confidentiality Agreement (Attachment II of 95 ADM-4). g. APPLICATION DATE – The application date is the date that the designated person at the correctional facility receives the signed, completed application form. h. DISTRICT OF FISCAL RESPONSIBILITY (DFR) – The infant's district of residence is considered to be the mother's local district of residence at the time of her sentencing. (1) In the event that the mother has no legal residence at the time that she is sentenced, the where-found local district (the sentencing local district), is the local district of fiscal responsibility. (2) Even though the child may have been born in the local district where the correctional facility is located, that local district will not be the DFR unless it is the local district where the mother resided at the time of her sentencing.

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i.

PROCESSING THE APPLICATION – The application package, including the application, , the Child Support Enforcement Referral, proof of the child's birth, and proof that application for a social security number for the child has been made must be forwarded by the designated person at the correctional facility to the Temporary Assistance Director of the DFR. The DFR must review the application, the Certification Guide and the documentation and decide on eligibility for the child.

j.

In the event of an unresolved inter-jurisdictional dispute, the local district where the facility is located must accept and process the application. The local district may request a hearing to resolve the dispute.

k. DETERMINATION OF THE GRANT – In another living situation, the mother of the child would also be required to be included in the filing unit with her minor dependent child. Because the mother of the child is incarcerated, she is not eligible to receive FA. So, although she must complete and sign an application that includes information about herself, including her income and resources, her social security number and her signature, her needs cannot be included in the budget. l.

The district must determine if the incarcerated mother has reached her State 60month time limit and is no longer eligible for FA. In such a case, the infant will be in the SNA-FNP category (case type 17).

m. INCOME – Any income and resources of the mother, unless exempt (for example, the income and resources of an SSI mother) must be considered in full to determine the eligibility of the child. Inmates will sometimes be paid wages. The total monthly earned income must be budgeted along with appropriate earned income disregards. n. STANDARD OF NEED – The standard of need for the child will be based on a negotiated room and board rate plus the $45 personal needs allowance (PNA). Each local district has the right to negotiate its own rate with the correctional facility. It is suggested that the room and board maximum (the total of the one person Basic, Home Energy Allowance, Supplemental Home Energy Allowance and Shelter maximum, (without children) for the responsible local district, should be the rate set. o. COORDINATION BETWEEN LOCAL DISTRICT AND THE CORRECTION FACILITY (1) The grant can be paid to the correctional facility as a restricted payment or paid into an account for the mother at the correctional facility. If the payment is not restricted, the correctional facility, as part of the package that is sent to the local district, must provide specific details concerning the mother's account in the facility into which the grant will be paid. (2) Copies of client notices of case action, request for information, etc. that are sent to the mother must also be provided by the local district to the designated person in the correctional facility. Each application forwarded to the DFR must include the name and telephone number of the designated person at the correctional facility.

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(3) Arrangements must also be made between the local district and the designated person at the correctional facility for the performance of necessary procedures and the gathering of information by the correctional facility for recertification of a case (TA/MA and MA only) and for quarterly reporting where required. p. CHILD SUPPORT ENFORCEMENT UNIT (CSEU) – The CSEU in the DFR must accept referrals and provide appropriate child support enforcement services to establish paternity and secure support for the child in receipt of TA who is residing with the mother in a correctional facility. The CSEU in the DFR may request assistance from the CSEU in the local district where the correctional facility is located in obtaining information, in preparing affidavits and/or acknowledgments of paternity or in providing other services which may require personal, on-site contact with the mother at the correctional facility. q. SYSTEM IMPLICATIONS – Only the child should be included for the Household (HH) and Case (CA) counts in ABEL in conjunction with Shelter Code 04, Room and Board. 4. JOINT CUSTODY (94 INF-45) a. DETERMINING PARENT WITH PRIMARY RESPONSIBILITY – Joint custody awards in divorce proceedings are common. FA eligibility must be looked at on a case-by-case basis to determine who is the primary caretaker. Shared responsibility means there is no primary caretaker. (1) Joint custody exists when two parents reside apart, but share physical custody of a common child. This can occur when a court has awarded joint custody, or can be based on informal arrangements between separated parents. (2) When a child applying for TA has continued contact with parents that live apart, the local district must review the case specific circumstances to establish whether one or both parents take an active and continuing responsibility for the upbringing of the child. (3) If one parent is making most of the decisions regarding the day-to-day upbringing and future of the child, then that parent is the primary caretaker and the child is considered to be living with that parent. (4) If both parents share equally in the upbringing of the child, then the parents share responsibility and the child is considered to be living in each parents home. The following questions are guidelines for joint custody cases and all other cases in which the child has substantial and continual contact with both parents and may help in establishing the parent’s primary responsibility for the child: (a) If the parent and absence parent reside in different school districts, where does the child attend school? Who selects the child's school?

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(b) Who assists the child with homework or school-related tasks? Who attends school conferences, such as parent-teacher conferences? (c) Are there any tuition costs related to the child's education? If so, who pays these costs? (d) If the child is in day care, who makes the arrangements and pays the costs? (e) Who takes the child to and from school or day care? (f) Which parent is listed as the contact for emergencies at the child's school or day care centers? (g) Who arranges medical and dental care for the child? Who selects the doctor or dentist who provide medical and dental care for the child? (h) Who initiates and makes decisions regarding the child's future? (i) Who responds to emergencies involving the child (i.e., medical and/or law enforcement emergencies)? (j) Who spends money on food and/or clothing for the child when the child visits the other parent? (k) Who disciplines the child? (l) Who plays with the child and arranges recreational activities? (m) Does one parent have visitation rights? This may suggest that the other parent is the custodial parent. (n) An income tax claim may be an indicator of the primary caretaker, but the decision must take into account all the circumstances of the case. (o) If one parent pays child support, it may be an indication of no shared responsibility. However, each case will still need to be reviewed on an individual basis. b. The legal court order regarding custody of the child is not the determining factor in deciding whether the child is in a primary caretaker or shared responsibility situation. c. The primary source of the information regarding the family's circumstances should be the applying parent. Collateral sources need only be contacted if the information provided by the applicant is contradictory or insufficient to establish joint custody. d. DETERMINING CATEGORY (1) PRIMARY CARETAKER SITUATIONS – When one parent is determined to be the primary caretaker, the child is considered to be living with that parent. In these instances the child and primary caretaker are categorically eligible for FA. New York State Office of Temporary & Disability Assistance

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(2) SHARED RESPONSIBILITY SITUATIONS – When both parents are involved in the daily upbringing of the child, the applying parent is categorically eligible for FA. e. BOTH PARENTS ON TA OR SSI – When both parents are on TA or SSI and applying for the child in a shared responsibility situation, both parents are entitled to a shelter allowance. The basic allowance, HEA, and SHEA are computed by using the $4.00 per day visitor's allowance for each day the child is with that parent. Both parents can be categorically eligible for FA. For example: If the child spends 10 days with mother and 20 days with father, mother would get $4.00 x 10 = $40.00 and the father would get $4.00 x 20 = $80.00. These pro-rated basic allowances are in addition to the shelter allowances for the child to each parent in shared responsibility situations. If both parents are working, and sharing responsibility, both are entitled to the various income disregards. f.

CHILD TEMPORARY ABSENT FROM HOME – When the child is temporarily absent from the home of the primary caretaker, the primary caretaker is still entitled to the child's TA benefit.

g. If the child is away from home for more than 45 days without good cause, and is the only FA eligible child, then the category must be chagnes to SNA. If a SNA mother is to have the child for a one month visit in the summer, the case remains SNA if the other parent continues to be the primary caretaker. h. CHILD’S VISITS (1) When one parent is the primary caretaker, the non-custodial parent in receipt of TA may request and receive a visitor’s allowance. The visitor’s allowance is $4.00 per day for each day the child visits the non-custodial parent. The noncustodial parent does not receive a shelter allowance for the child. (2) Generally, a statement by the client is sufficient verification of visits made by the child. If the local district has reason to doubt the statements made by the client, the local district should check with the other parent. If the child is receiving foster care benefits, the foster care caseworker should be contacted. Collateral sources need only be contacted if the local district has reason to believe that the parent's statement is inaccurate. (3) There is no time limit on the length of time that a parent can receive the regular visitor's allowance of $4.00 per day for the non-custodial parent before it becomes a shared responsibility situation. However, if the child spends a great deal of time with the non-custodial parent, the case should be re- evaluated for shared responsibility. For further information on the visitor's allowance see TASB Chapter 13, Section M. i.

CHILD CHANGES DISTRICTS – When a child goes from one local district to another, the local districts must work together to determine if there is a primary

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caretaker or a shared responsibility situation. The general budgeting rules then follow. 5. EXAMPLES a. Example #1 in Which Legal Court Order Has No Bearing Burt and Lonnie Jones were divorced in January of 1996. At the time, the judge ordered joint custody of their nine year old daughter, Margaret. Under the order, Margaret was to spend alternating two weeks with each parent. In August of 2002, Lonnie comes into her local district to apply for herself and Margaret. At that time, Lonnie explains to her worker that Margaret now spends ten months a year with her, since Burt has returned to college. Margaret spends the summer months of July and August with her father. During the eligibility interview, the worker asks Lonnie the questions about which parent is providing for the day-to-day upbringing of Margaret. From answers to these questions, the worker is able to establish that Lonnie is the primary caretaker of Margaret. Since Lonnie and her daughter are eligible for assistance, the worker provides a full FA grant for two. The case is also referred toCSEU so that child support can be sought from Burt. b. Example #2 of Absent Parent Applying Continuing with the example above, Burt Jones leaves college in February of 2003. However, he cannot find a job. In April of 2003, Burt applies for TA. At that time, Burt explains to his worker that his daughter will be spending the months of July and August with him. During the eligibility interview, the worker asks Burt the questions about who is providing for the day-to-day upbringing of his daughter. From the answers, the worker is able to establish that Lonnie is still the primary caretaker. Since Burt is otherwise eligible for TA, the worker authorizes an SNA grant in midMay for full TA. In July and August, Burt will get a visitor's allowance of $120 per month ($4 allowance X 30 days) since Margaret will be visiting her father for these two months. c. Example #3 of Shared Responsibility Mark and Sharon Stafford are informally separated. When they separated, both parents agreed that their two common children would spend two weeks at a time with each parent until their divorce was final.

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Sharon has just started part-time work as a mechanic for Sears Roebuck Corporation and is self- supporting. Mark is receiving Unemployment Insurance Benefits. When Mark's UIB ends in May of 2002, Mark applies for assistance for himself and the two children. During the eligibility interview, Mark's worker explores with him who is responsible for the day-to-day upbringing of the children. From the answers Mark provides, the worker establishes that Mark and his wife share responsibility for the upbringing of the children. The worker next determines the FA grant amount. Mark and the children can receive: (1) Shelter for three up to the maximum; (2) Fuel for three (if appropriate); (3) Full basic for one; and (4) Prorated basic for the two children of $120 (2 children X 15 days (½ month) X $4 per day). The worker also refers Mark to the Child Support Enforcement Unit (CSEU) so that child support can be sought from Sharon. 6. WMS IMPLICATIONS a. PRIMARY CARETAKER – When one parent has been determined to be the primary caretaker, the child is included in the household and case counts for that parent's TA ABEL budgets. b. NON-PRIMARY CARETAKER – When budgeting TA for the parent who is not the primary caretaker, the "visitor's allowance" paid to an absent parent is not part of the TA Needs for eligibility and therefore, is not part of the WMS/ABEL budget. c. SHARED RESPONSIBILITY – The "Prorated basic Allowance" is part of the TA needs for eligibility along with a shelter (and, if applicable, fuel) allowance which includes the child. As such, it is included in the WMS/ABEL budget.

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CHAPTER 9 – FAMILY ASSISTANCE Section J – Relationship of Child to Relative

J. RELATIONSHIP OF CHILD TO RELATIVE The district must establish, document and verify the specific relationship of the child or minor to the parent or other caretaker relative. 1. ELIGIBLE CARETAKER RELATIVE – A caretaker relative related to the child by any degree of blood marriage or adoption such as, but not limited to, the child's father, mother, brother, sister, grandparent, great-grandparent, great-great-grandparent, greatgreat-great grand-parent, uncle, great-uncle, great-great-uncle, aunt, great-aunt, greatgreat-aunt, of whole or half blood; the child’s first cousin, first cousin once removed, nephew and niece, of whole or half blood. 2. The child's step-father, step-mother, step-brother, step-sister, but no other step-relative; 3. In the case of a child who has been surrendered to an authorized agency or who has been adopted: a. Any of the blood or step-relatives listed above, b. The child's adoptive parents, and (1) The other children of the adoptive parents and the children of such children, (2) The parents, grandparents and great-grandparents of the adoptive parents, (3) The brothers and sisters of the adoptive parents and children of such brothers and sisters, and (4) The aunts, uncles, great-aunts, and great-uncles of adoptive parents. c. The spouse of any person described above, even though the marriage may have been terminated by death, divorce, or annulment. d. In the case of a child born out-of-wedlock, any relative in the maternal line included in the preceding paragraphs, and, if paternity has been adjudicated or acknowledged in writing, any relative in the maternal or paternal lines included in the preceding paragraphs.

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CHAPTER 9 – FAMILY ASSISTANCE Section K – Time Limits

K. TIME LIMITS 1. SIXTY MONTH LIFETIME LIMIT ON FEDERALLY-FUNDED TEMPORARY ASSISTANCE (FA, CAP, TANF-funded SNA – FP) a. Family assistance may not be granted to a family that includes a trackable adult who received a cummulative total of sixty months of assistance, wether or not such months are consequitive , from any combination of the following sources: (1) Family Assistance, case type 11 (2) Child Assistance Program (CAP), case type 11 with WMS CAP Indicator (upstate) or Center 17 cases (NYC) (3) Non-cash Safety Net Assistance/FP, case type 12 (4) Cash Safety Net Assistance, case type 16 (Including payments claimed under Refugee Assistance Program) (5) TANF Assistance funded assistance received in other states or U.S. territories b. There are no time limit counts for asssitance issued through Non Cash SNA (case type 17), Emergency Assitance to Needy Families (case type 19) and emergency Assistance to Adults (case type 18). c. TANF-funded assistance received as a minor child does not count toward the lifetime limit, unless received as a minor head of household or minor spouse of the head of household. d. Some states have imposed time limits on federal assistance that are shorter than 60 months – for example, two years. If a trackable adult has exceeded a time limit in another state that is less than sixty months, that individual will remain eligible for federal assistance in New York State for the remaining months up to a lifetime total of sixty months. e. In addition to the federal time limit on receipt of federally-funded assistance, the Welfare Reform Act of 1997 specifies that any months in which an adult receives cash assistance through the Safety Net Assistance (SNA) program will also be applied toward the State 60-month lifetime limit, even though the SNA is not funded through TANF. f.

Once a trackable adult in the assistance household reaches the State 60-month durational time limit, unless the houshold meets the criteria for a time limit exemption, any subsequent assistance to the household must be through the Safety Net Non-Cash Assistance (FNP) program (case type 17).

g. The trackable case member with the highest time limit count determines the time limit for the entire household. For example, if there are two parents in a household

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the time limit of the parent with the highest time limit count will be the time limit count for the entire household. h. Recipients are advised of their time limit count at every case opening and at each case action to recertify, change case type or close the case. i.

The WMS Tracking Function facilitates time limit monitoring and notification to the recipients.

j.

Local districts began changing FA, CAP and TANF-funded non-cash SNA cases to cash or non-cash SNA/ FNP with authorizations effective from December 1, 2001.

2. LOCAL DISTRICT RESPONSIBILITY a. At each application and recertification of ongoing assistance for FA, CAP, TANFfunded SNA, and for recurring cash assistance needs, local districts must identify individuals in the family who are adults or otherwise trackable and determine the time limit counts for the individual(s). Trackable individuals include: (1) All adults receiving TANF funded assistance (Case type 11 and 12). Except Essential Persons and adults on an incremental sanction. Essential persons and adults on an incremental sanction are not tracked toward the TANF time limit but they are tracked toward the State 60 month time limit. (2) All Adults and children receiving assistance throught the cash SNA FNP (case type 16). (3) The following three categories of minors are considered adutls and are tracked for both the TANF time limt and the State 60 month time limit: (a) A minor head of household (b) A minor married to the head of household (c) A minior parent with a child in common with the head of household b. The WMS records of assistance granted and the WMS Tracking Function shall be used to determine the number of months in which the individual received TANFfunded assistance or SNA cash assistance. c. If there is evidence that the individual has lived in another state since becoming eighteen years old, the local district must also determine whether any TANF-funded assistance was received by the individual in the other state. d. The local district worker must inform the TA applicant/recipient (A/R) of his or her time limit count, and explain what this means in terms of the State 60 month limit at every case opening, at each case action to recertify, change case type or close the case.

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e. When a trackable individual is near the State 60-month time limit for TANF-funded assistance the local district must reassess the individual's situation to know what the correct category of assistance would be after the State 60-month time count. Every trackable individual must have a face-to-face reassessment interview. (1) At the reassessment interview the local district must make the following determinations: (a) Are there services and interventions that would help this family achieve selfsufficiency? (b) Does the individual qualify (and, therefore, the family) for a time limit exemption? (c) Does the individual qualify for an employment exemption that would also exempt him or her (and, therefore, the family) from the twenty-four month time limit on cash Safety Net Assistance? (d) What case processing changes are needed for the family to begin receiving Safety Net Assistance? (2) Local districts must explore new self-sufficiency strategies for housholds reaching the State 60 month time limit. All avenues for these families to achieve self-sufficiency or alternative means of support should be considered before a time limit exemption is granted. f.

The local district shall exempt a family from the State 60 month time limit on FA (Case type 11) and federally participating safety net (Case type 12) when a trackable adult household member meets any of the the time limit exemption critera listed in Section 3 below.

g. When a family must move to Safety Net Assistance at the State 60- month time limit count local districts must complete the actions listed in Section 13 below. 3. TIME LIMIT EXEMPTIONS a. The district shall exempt a family from the State 60 month time limit when: (1) The adult family member is unable to work because of an independently verified physical or mental impairment that: (a) Causes incapacity for a period of more than six months; (b) Is the result of domestic violence and is anticipated to last three months or more; (c) Is the result of domestic violence towards a child and the adult family member is needed in the home to care for the child;

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(d) Has happened to another household member and is so severe that the adult family member is needed in the home to provide full–time care; or (e) The adult family member has applied for and is awaiting receipt of Supplimetnal Security Income payments (SSI) or additioanl State payments under section 209 of Social Services Law. While SSI eligibility is pending the physical or mental impairment must be medically verified and expected to last for a period more than six months. (f) The adult family member qualifies for, or is in receipt, of Supplimental Security Income payments (SSI) or additional State payments under section 209 of social services Law. b. Identification of Potential Time Limit Exemptions. An integral part of local district time limit monitoring is the identification of cases with potential time limit exemptions. For ease of administration, OTDA regulations provide that recipients or inactive household members who may qualify for a time limit exemption are identified by certain employability codes. (1) The following employability codes alert local districts to cases that may have a trackable individual who would qualify for a time limit exemption. Code Definition 36

Incapacitated/Disabled (More than 6 months)

38

Needed in the Home Full Time to Care for Incapacitated Household Member

43

Incapacitated (SSI Application Filed)

(a) Individuals who currently have one of these employability codes do not automatically receive a time limit exemption. This is because recipients' employability status is dynamic and can change in a relatively short time. The district may not grant a time limit exemption until a recipient has received 60 months of cash assistance and the exemption has been verified. (b) Each recipient who nears the State 60-month time limit must have an individual evaluation to insure that his or her employability code is correct. (c) Recipients coded with one of the three employability codes above give districts an indication of their potential universe of recipients who may qualify for time limit exemption at any point in time. Employability codes now have significance for both employment purposes and time limit impact. (d) Local districts must keep employability codes current for each recipient so that local districts can gauge the number of cases that might qualify for a time limit exemption.

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c. Applying Time Limit Exemption Criteria (1) Local districts must use the existing procedures in Office Regulation for obtaining medical verification of any physical or mental impairment that prevents the individual from working for at least six months. (2) Individuals with an exemption and their families will continue to receive TANF funded assistance (FA, CAP, non-cash SNA/FP) until the exemption condition no longer exists. Districts report time limit exemptions by the posting of a time limit indicator. Every individual granted a time limit exemption must have a time limit indicator entered on WMS. (3) Upstate WMS, a "T" indicator ("TANF funded assistance) is entered in the LMT EXM field on the individual's line on Screen 3. On NYS WMS an “X” time limit exemption indicator is entered either on the eligibility screen NCEM15 (individual data) or the undercare screen NUCMCL (unformatted screen). (4) Cases granted an exemption to the State 60-month time limit should generally be reviewed no less frequently than every six months to determine if the time limit exemption is still warranted. (5) The time limit status of inactive individuals in the household who would be on the case except for their sanction or ineligible status also affects families. For example, State 60-month time limit count for a parent under an IPV penalty would send the family to non-cash SNA/FNP, unless a time limit exemption is granted to the inactive parent. (6) Whenever an individual is added to the household as an inactive member who would be an active member except for a sanction or ineligible condition, the local district must determine the individual's time limit status. If the individual has a State 60-month time limit count of 60-months or more, the district must make an exemption determination as if the inactive individual were a member of the case. 4. ALLOWABLE STATE SIXTY MONTH TIME LIMIT EXEMPTIONS a. Incapacitated More Than Six Months At the end of the time limit, trackable individuals who have a physical or mental health problem expected to last more than six-months that makes them unable to work qualify for a time limit exemption. (1) The medically verified health condition must exist when the individual is at the time limit (2) Individuals properly coded with Employability Code 36-Incapacitated More Than Six Months meet this criterion. Local districts must update the individual's employability code as necessary. (Medical documentation must be present in the case record) New York State Office of Temporary & Disability Assistance

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(3) When granting a time limit exemption, local districts must enter the time limit indicator "T" (TANF funded assistance) in the LMT EXM field on the individual's line on Screen 3 (upstate) or the “X” indicator on the NCEM15 eligibility screen or NUCMCL undercare screen (NYC). b. Incapacity Expected to Last More than Six Months Due to Drug or Alcohol Abuse Districts must not grant time limit exemptions to every individual who is unable to work due to drug or alcohol abuse. Local districts must individually review these cases when they are reaching the end of the State 60-month time limit. (1) Time limit exemptions can only be granted to individuals who have a mental or physical incapacity that independently of the drug or alcohol abuse also makes them unable to work and, is expected to last more than six months. (2) This policy is not a change to existing definition of the employability code (Code 63 Substance Abuser - In rehabilitation or Waiting Rehabilitation - Exempt). Local districts must review these cases and identify the subset of this population that qualifies for a time limit exemption (those individuals unable to work more than six months because of another definitive incapacity). (3) Local districts report time limit exemptions for these individuals not by the employability code but by the posting of the time limit exemption indicator. In upstate, local districts must enter the "T" indicator (TANF funded assistance) in the LMT EXM field on the individual's line on Screen 3 or the “X” indicator or the appropriate NYC WMS screen. c. Incapacitated SSI Application Filed (1) Individuals who have an application filed for Supplemental Security Income (SSI) and are incapacitated at least to the same degree as individuals given Employability Code 36 may have a time limit exemption. (2) The incapacity must be medically verified and expected to last at least 6 months. (3) These individuals are identified with Employability Code 43-Incapacitated SSI Application filed. (4) An individual granted a time limit exemption under employability, Code 43, must have the time limit exemption indicator "T" (TANF funded assistance) placed on the LMT EXM field on individual's line on Screen 3 or the “X” indicator or the appropriate NYC WMS screen. d. In Receipt of SSI If the parent or caretaker is receiving SSI, he or she must be entered on the WMS Family Assistance Case as an inactive individual with time limit exemption indicator "T" (TANF funded assistance) in the LMT EXM field on the individual's line on Screen 3 (upstate) or the “X” indicator or the appropriate NYC WMS screen. New York State Office of Temporary & Disability Assistance

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Note: If two parent household, both parents must be in receipt of SSI before a time limit exemption can be given. e. Needed in the Home Full-Time to Care for Incapacitated Household Member Trackable adults at the time limit who are unable to work because they are needed in the home to provide full-time care to an incapacitated household member qualify for a time limit exemption. (1) The incapacity of the household member and the need for full-time care must be medically verified. Individuals properly coded with Employability Code 38 – “Needed in Home Full Time to Care for Incapacitated/Disabled Household Member” meet this criterion. (2) Individuals granted a time limit exemption under this criterion must have the time limit exemption indicator "T" (TANF funded assistance) entered in the LMT EXM field on the individual's line in Screen 3 (upstate) or the “X” indicator or the appropriate NYC WMS screen. (3) The time limit exemption continues for as long as the individual is unable to work because he or she is needed to provide full-time care. 5. TIME LIMIT WAIVER FOR DOMESTIC VIOLENCE VICTIMS Victims of domestic violence reaching the sixty-month time limit may qualify for a domestic violence good cause time limit waiver and time limit exemption due to domestic violence. a. A domestic violence victim qualifies for a good cause time limit waiver (and time limit exemption) if at the State 60-month time limit of Family Assistance the victim is unable to work or participate in a training program due to a physical or mental disability caused by domestic violence. b. The disability must be medically verified and be expected to last three months or more. c. Domestic violence victims' impairments do not have to be long-term (more than 6 months) for a time limit exemption to be granted. State law on time limit waivers allows domestic violence victims to have a time limit waiver for short-term disabilities (expected to last between 3 and 6 months) that were the result of the domestic violence. d. The law also allows a parent or caretaker to have a time limit waiver if she is unable to work because she needs to care for a child who was disabled by domestic violence. Letters sent to recipients approaching the time limit will include language advising them that they may be eligible for a good cause time limit waiver because of disabilities they or their children received because of domestic violence that precludes them from working or attending training programs.

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e. Before a good cause time limit waiver can be granted, the domestic liaison must establish credibility for the victim in accordance with the procedures in 98 ADM-3 (Family Violence Option under the Welfare Reform Act of 1997). f.

A credible victim, who chooses to disclose that she or her children have disabilities caused by domestic violence that precludes here from working, must have her claim evaluated by the domestic violence liaison. The liaison must make this evaluation to keep the victims' confidence and protect their identity.

g. Domestic violence victims disclosing that their or their children's disabilities were the result of domestic violence will do so by making a verbal attestation of facts to the domestic violence liaison. h. The liaison should inform the victim that anything disclosed will be kept confidential with the exception of child abuse and neglect. The victim's verbal attestation is sufficient evidence for the liaison to accept that the credible victim's or the child's disabilities were the result of domestic violence. i.

The liaison needs to document the attestation in the domestic violence liaison's file and obtain medical verification that the victim is unable to work or participate in training program because of disabilities if the district does not already have such verification. The liaison should use the local district's standard procedure for requesting medical documentation.

j.

The only change to the standard procedure is that necessary medical forms will be given out by and returned to the domestic violence liaison. Medical documentation requested to verify disability does not need to state that the disability was caused by domestic violence.

k. When reviewing the medical documentation, the liaison can consult as necessary with the staff normally responsible for reviewing medical documentation and determining employability status. l.

The liaison must document the victim's file and enter the time limit waiver on the Domestic Violence Subsystem. The domestic violence liaison also must insure that an appropriate service plan is completed for every domestic violence victim granted a good cause time limit waiver.

m. The continuing validity of domestic violence good cause time limit waivers must be reviewed no less frequently than every six months. n. Granting a good cause time limit waiver means that the local district must also grant a time limit exemption because they are defined the same in State Social Services Law. It is not necessary for local districts to do a separate determination of a time limit exemption for domestic violence victim granted a good cause time limit waiver. o. However, for time limit tracking, domestic violence victims with time limit waivers must also be identified as having a time limit exemption. They are identified through one of the following employability codes:

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Code Definition 47 48 49

Incapacitated/Disabled Time Limit Exemption (more than 6 months) Needed in the home to care for Incapacitated Child Time Limit Exemption Incapacitated Time Limit exemption (3 to 6 months exemption)

p. These employability codes are only used for identifying domestic violence victims who reached the sixty-month limit and were granted a time limit waiver. The codes do not include domestic violence as an identifying term to protect victim’s confidentiality. q. Appropriate local district staff should be aware that Employability 49 is for reporting time exemptions for short-term disabilities (3-6 months) caused by domestic violence. The local district staff normally responsible for changing an employability code can change the employability code for an individual granted a time limit waiver. r.

The domestic violence liaison only needs to advise the appropriate staff that an individual qualifies for time limit exemption and the employability code must be changed.

s. The liaison should provide the specific code from the list above based on the medical documentation. Staff changing the employability code must also enter the time limit exemption indicator "T" (TANF funded assistance) in the LMT EXM field on the individual's line on Screen 3 (upstate) or the “X” indicator or the appropriate NYC WMS screen. t.

When the victim no longer qualifies for a time limit waiver, the domestic violence liaison needs to remove the waiver from the Domestic Violence Subsystem. The liaison also needs to advise appropriate staff to change the individual's employability code, remove the time limit exemption indicator and change case category to cash or non-cash SNA.

u. Local districts will have instances where a domestic violence victim receiving a time limit waiver had an employment waiver. Domestic violence victims were granted employment waivers for reasons of safety. The were also identified through employability codes. v. Employability Code 45 (Work Requirements Waivable Exempt) is used when a domestic violence victim could not participate in work or training activities because any public exposure would compromise the victim's safety. w. Employability Code 46 (Work Requirements Waivable Non-Exempt) is used when a domestic violence victim could participate in some work or training activities as long as the placement accommodated the victim's particular safety needs. x. Employment waivers are not applicable to domestic violence victims granted a time limit waiver. A domestic violence victim cannot have an employment waiver and a time limit waiver at the same time.

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y. A victim granted a time limit waiver meets the criteria for an exemption from work activities so the need for an employment waiver is moot. z. Individuals granted a time limit waiver and coded with either employability code 45 or 46 must have their employability codes changed to one of the new ones that would identify the individual as having a time limit exemption. aa. Disclosure of disabilities caused by domestic violence is strictly voluntary on the victim's part. However, the only way a domestic violence victim can obtain a time limit exemption for a short-term disability is to disclose that domestic violence was the cause of the disability. bb. When the victim does not disclose that her disability is the result of domestic violence, the domestic violence liaison is not involved and the determination of time limit exemption is made by district staff who normally evaluate client's claims that they are unable to work. cc. Time limit waivers must be entered on the Domestic Violence Subsystem because they may help the State avoid a federal fiscal penalty. In the event the State exceeds the twenty-percent limit for time limit exemptions and it can show that it was due to domestic violence good cause time limit waivers, the federal penalty for exceeding the twenty-percent limit on time limit exemptions will not be imposed. 6. TIMELY DELETION OF ABSENT INDIVIDUALS OR ESSENTIAL PERSONS AT THE TIME LIMIT a. Local districts must delete individuals who move out of the assistance household as soon as possible after discovering the change in household composition. b. This applies to individuals who are under sanction at the time of leaving the household, as well as non- sanctioned members of the case. c.

Unless the individual is deleted in the month of the move, months of assistance may be incorrectly counted toward the State 60-Month limit for that individual.

d. If the time limit for a household is reached solely upon the time limit count for an essential person, the essential person must be deleted from the case so that Family Assistance can continue for the rest of the household. e. The essential person must then receive assistance through non-cash SNA/FP (Case Type 17) or case SNA (case Type 16) if he or she is exempt from work requirements. 7. TWO–PARENT FAMILIES a. A two-parent family at the State 60-month time limit can only have a time limit exemption if both parents meet one of the exemption criteria.

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b. A family with a parent needed in the home full time to care for the second parent who has a long-term disability and is unable to work would be an example of a twoparent family where both parents would meet the time limit exemption criteria. 8. RECEIPT OF SSI AFTER THE STATE SIXTY MONTH CASH TIME LIMIT Local districts will have trackable single FA parent or caretaker households reach the State 60-month time limit and transfer with their families to non-cash SNA because they do not have a physical or mental disability that qualifies for a time limit exemption. a. Subsequently, the parent or caretaker may begin receiving SSI. In these situations local districts must return the family to FA, if otherwise still eligible. b. State law on time limits specifically allows a time limit exemption for cases in which a parent or caretaker begins receiving SSI. The cases returned to FA will not be tracked for the time limit for there is no longer a trackable individual active on the case and they are not subject to time limit tracking. c. The trackable individual's Employability Code must be changed to 44-In Receipt of SSI. He or she also must be entered on the WMS Family Assistance case as an inactive individual with the exemption indicator of either "T" or “X” posted on WMS. 9. TIME LIMIT EXEMPTIONS FOR FAMILY CASES RECEIVING SAFETY NET ASSISTANCE The ability to grant a time limit exemption does not end when a formerly TANF-funded case is receiving Safety Net Assistance. Cases in SNA because of the time limit are returned to TANF-funded assistance, if the time limit trackable adult develops a condition that meets the time limit exemption criteria. a. When returning these cases to TANF Assistance, local districts must appropriately update the adult's employability code and enter a time limit exemption indicator on WMS. b. Cases returned to Family Assistance or Non-Cash SNA/FP because of a time limit exemption should generally be reviewed no less frequently than every six months to determine if their condition still qualifies them for a time limit exemption. 10. EMERGENCY ASSISTANCE FOR FAMILIES (EAF) AFTER REACHING THE STATE SIXTY–MONTH TIME LIMIT Families who are no longer receiving TANF-funded assistance because an adult family member has reached the State 60-month cash time limit can still receive EAF if they meet the eligibility criteria (Office Regulations Part 372). EAF payments made to families beyond the State 60-month time limit can only be used for addressing a need created by a discrete crisis and cannot extend beyond four months. The families may receive EAF more than once but EAF cannot be used to meet an ongoing or recurring need. New York State Office of Temporary & Disability Assistance

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Families that have passed the State 60-month time limit can still receive federally reimbursed EAF because EAF payments meet the federal definition of non-assistance. There are no time limits on TANF-funded non-assistance payments. Non-assistance payments address one time or short time needs. 11. TANF FUNDED SERVICES AFTER REACHING THE STATE SIXTY- MONTH TIME LIMIT Families who are no longer receiving TANF funded assistance because an adult trackable member has reached the State 60-month cash time limit can still receive TANF funded services as long as their income does not exceed 200% of poverty. TANF funded services meet the definition of non-assistance. 12. ALIENS LAWFULLY ADMITTED FOR PERMANENT RESIDENCE Under the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA), the only non-citizens who may receive TA are qualified aliens who were in the country as of the date of enactment of the law (August 22, 1996) and certain aliens who arrived in the country after that date. The listing of eligible groups of aliens is included on TASB Chapter 24, Section B. Aliens and their families admitted to the US on or after August 22, 1996 for permanent residence are barred by PRWORA from receiving TANF-funded benefits for five years from the date they were admitted to the country. a. Under State law these aliens are eligible for SNA. However, cash SNA received by alien adults counts toward the State 60-month time limit and is tracked accordingly. b. Therefore, after these alien families are no longer subject to the PRWORA five-year bar on federally funded benefits the amount of time they can receive FA will depend on what their time limit count is for cash SNA. 13. FAMILIES MOVING TO SAFETY NET ASSISTANCE Families who reach the State 60-month time limit and do not meet the exemption criteria for remaining in FA must go to SNA. When a family must move to Safety Net Assistance at the State 60-month limit count, local districts must complete the following actions: a. Determine if the family will receive cash or non-cash SNA. b. Determine if one of the adults in the household is exempt from NON-CASH safety net (case type 17), because they qualify for a SNA time limit exemption . An adult meets the exemption criteria if they are: (1) Exempt from work requirements or HIV positive and not required to participate in alcohol/drug rehabilitation. If exempt, the case will receive cash SNA (Case Type 16), instead of non-cash SNA (Case Type 17) , as required by WRA and 18 NYCRR 370.4(b)(1)(ii). The family will New York State Office of Temporary & Disability Assistance

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continue to receive cash SNA as long as one adult in the household meets the exemption criteria. c. Adults who were essential persons in the FA case cannot be included in Safety Net Case Type 16 (cash SNA) or Case Type 17 (non-cash SNA). They must have their own separate SNA case. d. Families receiving non-cash SNA must have their benefits restricted following the procedures outlined in 97 ADM-7, 99 LCM-20 and 00 ADM-7. e. Bona fide loans: Consider if the family has such income, which was exempt under FA, but must be counted for SNA. f.

Require the head-of-household to sign the Repayment Agreement (LDSS-4529) and Assignment of Future Earnings (LDSS-4530).

g. Send the family an adequate notice on the change in assistance category or a timely and adequate notice if the family's benefits or method of payment change. h. Be prepared to explain the Interim Assistance Agreement if a family member is pending SSI. i.

Co-op cases have to be recombined if any family member was TANF eligible; i.e., TANF ineligible alien receiving Safety Net Assistance.

j.

Identify Family Assistance cases moving to Safety Net Assistance as eligible for Maintenance of Effort (MOE) claiming by using federal/State change code 63 or 64, for both upstate and NYC cases.

14. SYSTEMS SUPPORT Upstate WMS Screen 03 (item #393 in NYC WMS) has an Exemption Indicator field. When a recipient or inactive individual is given a time limit exemption from the State 60month time limit, the local district must enter one of the following codes in the LMT EXM field on the individual's line. In NYC the time limit indicator is entered either on eligibility screen NCEM15 (individual data) or the undercare screen NUCMCL (unformatted screen). a. Upstate WMS "T" (TANF) – Signifies that a FA, CAP, or non-cash SNA/FP case continues to receive TANF-funded assistance after the time limit because a time exemption has been granted. "A" – Indicates that Family Assistance continues beyond the time limit because of pending fair hearingon the time limit count.

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b. NYC WMS An “X” in the exemption field on the appropriate screen will establish a time limit exemption for a FA or non-cash SNA/FP case. An “A” in the exemption field will indicate the case continues to receive Family Assistance beyond the time limit as aid continuing while pending a fair hearing. c. The WMS Tracking Function (1) The WMS Tracking Function is available to districts and provides system support for tracking recipient time limit counts. Local district staff can utilize the Tracking Functions Individual Tracking Summary (Screen WTRK 11) to identify current cases exempted from the time limit. (2) If a time limit exemption indicator has been entered on WMS Screen 03 (item #398 in NYC WMS) the Individual Tracking Summary will display the Time Limit Exemption Indicator Code in the Exemption field. 15. REPORTS The WMS Milestone Report (WINR 8112 upstate) reports cases reaching the FA time counts of 58, 59, 60 and 60+ month intervals. Safety Net time limits counts are reported at 22, 23, 24 and 24+ month intervals. The report also indicated whether the case has been exempted from the time limit and is sorted by office, unit and worker. The TA Caseload Tracking Report (WINR 8113) is another report, which can be helpful to districts in managing cases approaching the time limit. For all active cases (FA and SNA) the WINR 8113 displays time limit counts and the number of months remaining before the end of the time limit for the individual code with Relationship Code "01 Applicant Payee" as entered on the case record. The following supporting information is included with the time limit counts: a. Case Type – the Case Type of the case on which the information is based b. Case Name – Self-explanatory c. Case Number – Self-explanatory d. TA/SNAP – the TA/SNAP Indicator Code as entered on the case record e. PAR IND – the number of parents in the case (0, 1 or 2) as previously calculated by WMS f.

60 CT – the number of months used toward the State Sixty-Month Time Limit

g. 24 CT – the number of months used toward the Safety Net Twenty-Four Month Cash Time Limit

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h. EXEMPT – the Time Limit Exempt Indicator (S, T, or A), if present i.

EMPL Code – the Employability Code of the individual

j.

INDIV REASON – the TA Individual Reason Code, if present

k. INDIV STATUS – the Individual Status Code l.

HRS WORKED – the Number of Hours Worked per Month (if any) as entered on the TA ABEL Budget

Months Left – the number of months remaining before the case reaches the State Sixty-Month Time Limit or Safety Net Twenty-Four Month Cash Time Limit. Citz – The WMS citizenship/alien indicator of the applicant/payee Shelt – The shelter type for the household Report totals are provided showing, by Case Type, the total number of cases for each number of months remaining; e.g., "Case Types 12" - 10 cases with 0 months remaining, 100 cases with 1 month remaining, 250 cases with 2 months remaining, etc. The WINR 8113 is available monthly through BICS and is sorted by Office/Unit/Worker and page broken down by worker. It is also available as a data file which districts can use to create customer variations of the report or on-the-demand ad hoc reports. 16. WMS INQUIRY A recipeint’s current employability code can be viewed on Screen 3 of the Case Comprehensive Inquiry or by looking at the 3209. Local districts are reminded that an individual given an exemption from the State 60-month cash time limit must have one of the employability codes discussed. A complete description of the WMS Tracking Function in found in 99 ADM-7 Errata, 99 ADM-7. 17. OUT-OF-STATE CONTACTS FOR TANF-FUNDED ASSISTANCE The attached numbered list of contacts (phone, fax, addresses) from other states is for use in the documentation of TANF-funded assistance. a. Under Office Regulation 369.4(d)(4), TANF-funded assistance from another state will count toward the State 60-month limit placed upon families (FA and TANFfunded SNA) in New York State. Local districts should use the attached list of contacts to document receipt of TANF-funded assistance from another state when the need arises. b. For example, if the applicant/recipient has lived in another state in 1996 or later and indicates that he or she received TA in that state, the period of calendar months should be documented through contact and retained in the case record. Factors to document include the period that the applicant/recipient received TA in the other state, and also the effective date of TANF-funded assistance in that state. Item #C New York State Office of Temporary & Disability Assistance

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"TANF START DATE" – in the following contact list provides the State’s TANF start date. c. Time limit counts from other states must be entered for an adult on the WMS Tracking System. d. If a local district cannot document the out-of-state period of TANF-funded assistance by direct contact with the other state, the recipient's statement of the period and type of assistance should be used to make necessary updates to the tracking time limit counts for the individual(s). e. In using the contact list, local districts should use the specific medium requested by the other state, whether mail, phone, or FAX number, when one medium is specific. f.

If local districts are contacted by other states for information on TANF-funded assistance paid to a former New York State recipient, they may direct these inquiries for response to OTDA at: New York State Office of Temporary & Disability Assistance Center for Employment and Economic Supports Out of State Inquiry Unit 40 North Pearl Street Albany, New York 12243-0001 FAX: 518-474-8090

g. All inquiries from other states should be made on their official letterhead and contain the full name, date of birth, and Social Security Number of the individual, with a brief statement of the reason for the request.

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1. ALABAMA TANF PROGRAM a. b. c. d. e. f. g. h. i. j.

FAMILY ASSISTANCE TANF TIME LIMIT: 60 MONTHS TANF START DATE: 12/1/96 CENTRAL DATA SOURCE EXISTS FOR ENTIRE STATE: YES CONTACT: ASK FOR PA HELP DESK PHONE: (334) 242-1950 FAX: (334) 242-0513 E-MAIL: [email protected] PREFERRED METHOD TO CONTACT: E-MAIL NECESSARY DATA FOR INDIVIDUAL: NAME, SOCIAL SECURITY NUMBER (SSN), DATE OF BIRTH (DOB)

2. ALASKA TANF PROGRAMS a. b. c. d. e. f.

DIVISION OF PUBLIC ASSISTANCE TANF TIME LIMIT: 60 MONTHS TANF START DATE: 7/1/97 CENTRAL DATA SOURCE EXISTS FOR ENTIRE STATE: YES CONTACT: LYDIA LUCHINI, BENEFIT ISSUANCE & RECOVERY SPECIALIST ADDRESS: 350 MAIN STREET ROOM 317 JUNEAU ALASKA 99811-0601 g. PHONE: (907) 465-6161 h. FAX: (907) 465-3651 i. PREFERRED METHOD TO CONTACT: PHONE / FAX / WRITE j. NECESSARY DATA FOR INDIVIDUAL: NAME, SSN, DOB 3. ARIZONA TANF PROGRAMS a. b. c. d. e. f. g. h. i. j. k.

TANF CASH ASSISTANCE JOBS EMPLOYMENT PROGRAM EMERGENCY ASSISTANCE TANF TIME LIMIT: 2 TO 5 YEARS FOR ADULTS; ALL MEMBERS 5 YEARS LIFETIME. TANF START DATE: 10/1/96 CENTRAL DATA SOURCE EXISTS FOR ENTIRE STATE: YES CONTACT: CUSTOMER SERVICE UNIT PHONE: (602) 542-3451 (Customer Service Calls) FAX: (623) 873-4278 PREFERRED METHOD TO CONTACT: PHONE/FAX NECESSARY DATA FOR INDIVIDUAL: NAME, SEX, SSN,DOB

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4. ARKANSAS TANF PROGRAMS a. b. c. d. e. f. g. h. i.

TRANSITION EMPLOYMENT ASSISTANCE (TEA) TANF TIME LIMIT: 24 MONTHS TANF START DATE JULY 1, 1997 CENTRAL DATA SOURCE FOR ENTIRE STATE: YES CONTACT: CUSTOMER SECRETARY [(501) 682-8993 OR 1-800-482-8988] ADDRESS: P.O. BOX 1437, SLOT S341, LITTLE ROCK, AR 72203 FAX: (501) 682-8978 PREFERRED METHOD TO CONTACT: PHONE / FAX NECESSARY DATA FOR INDIVIDUAL: NAME, SEX, SSN, DOB

5. CALIFORNIA TANF PROGRAMS a. CALIFORNIA WORK OPPORTUNITY AND RESPONSIBILITY TO KIDS (CALWORKS) PROGRAM b. TANF TIME LIMIT: 60 MONTHS c. TANF START DATE: 1/1/98 d. CENTRAL DATA SOURCE FOR ENTIRE STATE RECORDS MAINTAINED – COUNTY LEVEL e. ADDRESS: CALWORKS – 744 P STREET, MAIL STATION 6-23, SACREMENTO, CA 95814 f. CONTACT: RECORDS MAINTAINED AT COUNTY LEVEL: CALL FOR INFORMATION, PUBLIC INQUIRY LINE 1-800-952-5253 g. FAX: (916) 651-8866 h. PREFFERED METHOD TO CONTACT: FAX OR MAIL, EITHER ON LETTERHEAD WITH YOUR SIGNATURE. YOU WILL BE CONTACTED BACK, WITH COUNTY CONTACT NUMBER. i. NECESSARY DATA FOR INDIVIDUAL: CLIENT NAME, SEX, SSN, DOB j. FOR POLICY: EMPLOYMENT ELIGIBILITY & TANF PROGRAM: (916) 657-2128 6. COLORADO TANF PROGRAMS a. b. c. d. e. f. g. h. i.

TANF COLORADO WORKS PROGRAM TANF TIME LIMIT: 60 MONTHS TANF START DATE: 7/1/97 CENTRAL DATA SOURCE FOR ENTIRE STATE: YES CONTACT: OUT OF STATE (OoS) INQUIRY LINE PHONE (800) 536-5298 FAX (303) 866-5488 PREFERRED METHOD TO CONTACT: PHONE (with case number if available)/ FAX NECESSARY DATA FOR INDIVIDUAL: NAME, SEX, SSN, DOB, OLD CASE NUMBER IF AVAILABLE

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7. CONNECTICUT TANF PROGRAMS a. b. c. d. e.

TEMPORARY FAMILY ASSISTANCE TANF TIME LIMIT: 21 MONTHS WITH POSSIBLE 6 MONTH EXTENSIONS TANF START DATE: 10/1/96 CENTRAL DATA SOURCE EXISTS FOR ENTIRE DISTRICT: YES ADDRESS: CONNECTICUT DEPT. OF SOCIAL SERVICES PUBLIC & GOVERNMENT RELATIONS, INFO & REFERRAL 25 SIGOURNEY STREET HARTFORD, CT 06106 f. PHONE: (860) 424-5970 g. FAX: (860) 424-4960 h. PREFERRED METHOD TO CONTACT: PHONE / FAX i. NECESSARY DATA FOR INDIVIDUAL: NAME, SEX, SSN,DOB j. INFORMATION AVAILABLE FROM CONNECTICUT: SPECIFIC MONTHS 8. DELAWARE TANF PROGRAMS a. b. c. d. e. f.

CASH ASSISTANCE EMERGENCY ASSISTANCE TANF TIME LIMIT: 48 MONTHS TANF START DATE: 3/10/97 CENTRAL DATA SOURCE EXISTS FOR ENTIRE DISTRICT: NO ADDRESS: DELAWARE HEALTH AND SOCIAL SERVICES DIVISION OF SOCIAL SERVICES P.O. BOX 906 NEW CASTLE, DELAWARE 19720 g. PHONE: (302) 255-9605 h. FAX: (302) 255-4425 i. E-MAIL [email protected] j. PREFERRED METHOD TO CONTACT: E-MAIL k. NECESSARY DATA FOR INDIVIDUAL: NAME, SEX, SSN, DOB l. INFORMATION AVAILABLE FROM DELAWARE: NOT SPECIFIED 9. DISTRICT OF COLUMBIA TANF PROGRAMS a. b. c. d. e.

TANF TIME LIMIT: 60 MONTHS TANF START DATE: 3/1/97 CENTRAL DATA SOURCE EXISTS FOR ENTIRE DISTRICT: YES CONTACT: OUT OF STATE (OoS) INQUIRY LINE ADDRESS:

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D.C.DHS/IMA 645 H STREET, NE, 5th FLOOR WASHINGTON, D.C. 20002 f. OoS INQUIRY LINE: (202) 724-2000 g. FAX: (202) 724-2041 h. E-MAIL: [email protected] i. PREFERRED METHOD TO CONTACT: CALL / E-MAIL j. NECESSARY DATA FOR INDIVIDUAL: NAME, SEX, AND SSN, DOB k. INFORMATION AVAILABLE FROM DISTRICT OF COLUMBIA: SPECIFIC MONTHS 10. FLORIDA TANF PROGRAMS a. b. c. d. f.

WAGES – CASH ASSISTANCE TANF TIME LIMIT: 48 MONTHS TANF START DATE: OCTOBER 1996 CENTRAL DATA SOURCE EXISTS FOR ENTIRE DISTRICT: YES ADDRESS: ACCESS FLORIDA QUALITY ASSURANCE FLORIDA DEPT. OF CHILDREN AND FAMILIES 1317 WINEWOOD BLVD. BLDG 3 ROOM 427A TALLAHASSEE, FL. 32399-0700 g. PHONE: 1-866-762-2237 (Call Center) h. FAX: (850) 488-0770 i. PREFERRED METHOD TO CONTACT: PHONE / FAX OR WRITE j. NECESSARY DATA FOR INDIVIDUAL: NAME, SSN k. INFORMATION AVAILABLE FROM FLORIDA: SPECIFIC MONTHS 11. GEORGIA TANF PROGRAMS a. b. c. d.

TANF TIME LIMIT: 48 MONTHS TANF START DATE: 01/01/97 CENTRAL DATA SOURCE EXISTS FOR ENTIRE DISTRICT: YES CONTACT: CUSTOMER SERVICE GEORGIA DEPT. OF HUMAN RESOURCES TANF/SNAP UNIT TWO PEACHTREE STREET, N.W., SUITE 14-416 ATLANTA, GEORGIA 30303 e. PHONE: (404) 657-3433 f. FAX: (404) 657-9703 g. E-MAIL: [email protected] (*NOTE: ALL INFORMATION ALSO AVAILABLE FROM LOCAL COUNTY OFFICES.) h. PREFERRED METHOD TO CONTACT: E-MAIL i. NECESSARY DATA FOR INDIVIDUAL: NAME, SEX, SSN, DOB j. INFORMATION AVAILABLE FROM GEORGIA: SPECIFIC MONTHS New York State Office of Temporary & Disability Assistance

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12. HAWAII TANF PROGRAM a. b. c. d. e. f. g.

TANF CASH ASSISTANCE PROGRAM TANF TIME LIMIT: 60 MONTHS TANF START DATE: 12/1/96 CENTRAL DATA SOURCE EXISTS FOR ENTIRE STATE: YES PREFERRED METHOD TO CONTACT: E-MAIL NECESSARY DATA FOR INDIVIDUAL: NAME, SEX, SNN, DOB ADDRESS: DEPARTMENT OF HUMAN SERVICES 820 MILILANI ST., SUITE 606 HONOLULU, HAWAII 96813-2036 h. TELEPHONE: (808) 586-5735 i. FAX: (808) 586-5744 13. IDAHO TANF PROGRAMS a. b. c. d. e.

TEMPORARY ASSISTANCE FOR FAMILIES IN IDAHO (TAFI) TANF TIME LIMIT: 24 MONTHS TANF START DATE: 7/1/97 CENTRAL DATA SOURCE EXISTS FOR ENTIRE STATE: YES ADDRESS: ADMINISTRATIVE SUPPORT UNIT BENEFIT VERIFICATION DIVISION OF WELFARE IDAHO DEPT. OF HEALTH AND WELFARE 450 WEST STATE STREET BOISE, IDAHO 83720 f. PHONE: (208) 334-5815 g. FAX: (208) 334-5817 h. PREFERRED METHOD TO CONTACT: CALL i. NECESSARY DATA FOR INDIVIDUAL: NAME, SSN, DOB j. INFORMATION AVAILABLE FROM IDAHO: SPECIFIC MONTH COUNT 14. ILLINOIS TANF PROGRAMS a. b. c. d. e. f. g.

TANF TIME LIMIT: 5 YEARS TANF START DATE: 7/1/97 CENTRAL DATA SOURCE EXISTS FOR ENTIRE STATE: YES PHONE: 1-844-453-7283 FAX: (217) 557-1370 E-MAIL: [email protected] PREFERRED METHOD TO CONTACT: E-MAIL / FAX

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h. NECESSARY DATA FOR INDIVIDUAL: NAME, SSN, DOB, SEX i. INFORMATION AVAILABLE FROM ILLINOIS: SPECIFIC MONTH COUNT 15. INDIANA TANF PROGRAMS a. b. c. d. e.

f. g. h.

i. j. k. l. m.

TANF CASH ASSISTANCE TANF EMERGENCY ASSISTANCE PROJECT RESPECT - INDIANA STATE DEPARTMENT OF HEALTH TEEN PARENT PROGRAM – INDIANA DEPARTMENT OF EDUCATION TANF TIME LIMIT: 24 MONTHS CASH ASSISTANCE FOR ADULTS IN MANDATORY EMPLOYMENT STATUS; 60 MONTH LIMIT IS IN ADDITION TO 24 MONTH LIMIT, WITH CHILDREN ALSO SUBJECT TO 60 MONTH LIMIT. TANF START DATE: 10/1/97 CENTRAL DATA SOURCE EXISTS FOR ENTIRE STATE: YES ADDRESS: INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION DOCUMENT CENTER PO BOX 1810 MARION, IN 46952 PHONE: (800) 403-0864 FAX: (800) 403-0864 PREFERRED METHOD TO CONTACT :FAX / WRITE NECESSARY DATA FOR INDIVIDUAL: NAME, SSN, DOB INFORMATION AVAILABLE FROM INDIANA: SPECIFIC MONTH COUNT

16. IOWA TANF PROGRAMS a. b. c. d. e.

FAMILY INVESTMENT PROGRAM TANF TIME LIMIT: 5 YEARS TANF START DATE: 1/1/97 CENTRAL DATA SOURCE EXISTS FOR ENTIRE STATE: YES ADDRESS: DEPT. OF HUMAN SERVICES HOOVER STATE OFFICE BUILDING DES MOINES, IOWA 50319-0114 f. PHONE: 1-877-855-0021 g. FAX: h. PREFERRED METHOD TO CONTACT: PHONE i. NECESSARY DATA FOR INDIVIDUAL: NAME, SSN, DOB j. INFORMATION AVAILABLE FROM IOWA: SPECIFIC MONTH COUNT 17. KANSAS TANF PROGRAMS New York State Office of Temporary & Disability Assistance

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a. b. c. d. e. f. g.

TANF TIME LIMIT: 5 YEARS TANF START DATE: 10/1/96 CENTRAL DATA SOURCE EXISTS FOR ENTIRE STATE: YES CONTACT: (785) 296-2152 FAX: (785) 296-6960 PREFERRED METHOD TO CONTACT: CALL NECESSARY DATA FOR INDIVIDUAL: NAME, DOB, SSN OF EVERY APPLICANT

18. KENTUCKY TANF PROGRAMS a. b. c. d. e. f. g. h. i. j. k.

K-TAP TANF TIME LIMIT: 60 MONTHS TANF START DATE: 10/18/96 CENTRAL DATA SOURCE EXISTS FOR ENTIRE STATE: YES CONTACT PERSON: PHONE: (502) 564-3440 FAX: (502) 564-4021 E-MAIL: [email protected] PREFERRED METHOD TO CONTACT: E-MAIL / FAX NECESSARY DATA FOR INDIVIDUAL: NAME, SSN, DOB INFORMATION AVAILABLE FROM KENTUCKY: SPECIFIC MONTH COUNT

19. LOUISIANA TANF PROGRAMS a. b. c. d. e. f.

FITAP TANF TIME LIMIT: 24 MONTHS OUT OF 60 MONTHS TANF START DATE: 1/1/97 CENTRAL DATA SOURCE EXISTS FOR ENTIRE STATE: YES CONTACT: CARA SHIELDS INQUIRY SERVICE STATE OF LOUISIANA DEPT. OF SOCIAL SERVICES 755 THIRD STREET, 3RD FLOOR BATON ROUGE, LOUISIANA 70804 g. PHONE: (225) 342-2342 h. FAX: (225) 342-6996 i. E-MAIL: [email protected] j. PREFERRED METHOD TO CONTACT: CALL / E-MAIL k. NECESSARY DATA FOR INDIVIDUAL: NAME, SSN l. INFORMATION AVAILABLE FROM LOUISIANA: SPECIFIC MONTH COUNT 20. MAINE TANF PROGRAMS a. TANF New York State Office of Temporary & Disability Assistance

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TANF TIME LIMIT: 5 YEARS TANF START DATE: 11/1/96 CENTRAL DATA SOURCE EXISTS FOR ENTIRE STATE: YES PHONE: (207) 624-4168 FAX: (207) 287-5096 PREFERRED METHOD TO CONTACT: FAX / CALL OR WRITE NECESSARY DATA FOR INDIVIDUAL: NAME, SEX, SSN,DOB INFORMATION AVAILABLE FROM MAINE: NOT SPECIFIED

21. MARYLAND TANF PROGRAMS a. b. c. d. e. f.

g. h. i. j. k.

TEMPORARY CASH ASSISTANCE TANF TIME LIMIT: 60 MONTHS TANF START DATE: 1/1/97 CENTRAL DATA SOURCE EXISTS FOR ENTIRE STATE: YES: CLIENT INFORMATION SYSTEM (CIS) CONTACT: MICHELE GREEN MARYLAND DEPT. OF HUMAN RESOURCES POLICY & TRAINING, 6TH FLOOR 311 WEST SARATOGA STREET BALTIMORE, MD 21201 PHONE: (410) 767-7944 FAX: (410) 333-6581 PREFERRED METHOD TO CONTACT: WRITE OR FAX NECESSARY DATA FOR INDIVIDUAL: NAME, SEX, SSN,DOB INFORMATION AVAILABLE FROM MARYLAND: SPECIFIC CALENDAR MONTHS

22. MASSACHUSETTS TANF PROGRAMS a. b. c. e. f.

TAFDC, EA, CHILD CARE, EMPLOYMENT SERVICES TANF TIME LIMIT: 24 MONTHS UNLESS EXEMPTED TANF START DATE: 9/30/96 CENTRAL DATA SOURCE EXISTS FOR ENTIRE STATE: NO CONTACT: RECIPIENT SERVICES 1-800-445-6604 OR (617) 348-5502 HOURS 7:30 AM TO 5:00 PM g. PREFERRED METHOD TO CONTACT: PHONE, FOLLOW BY FAX REQUEST h. FAX: (617) 348-5479 i. NECESSARY DATA FOR INDIVIDUAL: NAME AND SSN 23. MICHIGAN TANF PROGRAMS a. CONTACT: CUSTOMER SERVICE b. PHONE: (517) 373-3908 c. FAX: (517) 335-6054 New York State Office of Temporary & Disability Assistance

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d. E-MAIL: [email protected] e. PREFERRED METHOD OF CONTACT: PHONE / E-MAIL f. NECESSARY DATA FOR INFO: NAME, SSN AND DOB 24. MINNESOTA TANF PROGRAMS a. b. c. d. e. f. g. h. i.

MINNESOTA FAMILY INVESTMENT PROGRAM (MFIP) TANF TIME LIMIT: 5 YEARS TANF START DATE: 7/1/97 CENTRAL DATA SOURCE EXISTS FOR ENTIRE STATE: YES CONTACT: JOVON PERRY PHONE: (651) 431-4006 PREFERRED METHOD TO CONTACT: PHONE NECESSARY DATA FOR INDIVIDUAL: NAME, SEX, SSN,DOB INFORMATION AVAILABLE FROM MINNESOTA: CASE AUTHORIZATION DATES

25. MISSISSIPPI TANF PROGRAMS a. b. c. d. e.

TANF TIME LIMIT: 60 MONTHS TANF START DATE: 10/1/96 CENTRAL DATA SOURCE FOR ENTIRE STATE: YES CONTACT: CLIENT SUPPORT SERVICES ADDRESS: DIVISION OF ECONOMIC ASSISTANCE - POLICY UNIT MISSISSIPPI DEPARTMENT OF HUMAN SERVICES P.O. BOX 352 JACKSON, MS 39205 f. PHONE: (601) 359-4811 g. FAX: (601) 359-4550 h. E-MAIL: [email protected] i. PREFERRED METHOD TO CONTACT: FAX / E-MAIL j. NECESSARY DATA FOR INDIVIDUAL: NAME, SEX, SSN, DOB / (YOUR ADDRESS, FAX, PHONE) k. INFORMATION AVAILABLE FROM MISSISSIPPI: SPECIFIC MONTHS 26. MISSOURI TANF PROGRAMS a. b. c. d. e. f. g.

TEMPORARY ASSISTANCE - FAMILY SUPPORT DIVISION TANF TIME LIMIT: 60 MONTHS TANF START DATE: 7/1/97 CENTRAL DATA SOURCE EXISTS FOR ENTIRE DISTRICT: NO CONTACT: SHAUNA HILLEN – DIVISION OF FAMILY SERVICES PHONE: (573) 751-8959 FAX: (573) 751-3677

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E-MAIL: [email protected] PREFERRED METHOD TO CONTACT: PHONE / E-MAIL NECESSARY DATA FOR INDIVIDUAL: NAME, SSN, DOB INFORMATION AVAILABLE FROM MISSOURI: NOT SPECIFIED

27. MONTANA TANF PROGRAMS a. b. c. d. e.

FAMILIES ACHIEVING INDEPENDENCE IN MONTANA (FAIM) TANF TIME LIMIT: 60 MONTHS TANF START DATE: 2/1/97 CENTRAL DATA SOURCE FOR ENTIRE STATE: YES CONTACT: MARIA JIMENZ-GONZALEZ MONTANA DEPT. OF PUBLIC HEALTH AND HUMAN SERVICES P.O. BOX 8005 COGSWELL BUILDING HELENA, MT 59604-8005 f. PHONE: (460) 444-0675 g. FAX: (406) 444-2547 h. E-MAIL: [email protected] i. PREFERRED METHOD TO CONTACT: CALL / E-MAIL j. NECESSARY DATA FOR INDIVIDUAL: NAME, SSN k. INFORMATION AVAILABLE FROM MONTANA: SPECIFIC MONTHS 28. NEBRASKA TANF PROGRAMS a. b. c. d. e.

EMERGENCY ASSISTANCE TANF TIME LIMIT: 24 OUT OF 48 MONTHS TANF START DATE: 10/1/97 CENTRAL DATA SOURCE FOR ENTIRE STATE: YES ADDRESS: ECONOMIC ASSISTANCE UNIT DEPARTMENT OF HEALTH AND HUMAN SERVICES BOX 95026 LINCOLN, NEBRASKA 68509 f. PHONE: (402) 471-9243 g. FAX: (402) 471-9597 h. PREFERRED METHOD TO CONTACT: PHONE i. NECESSARY DATA FOR INDIVIDUAL: NAME, SSN,DOB j. INFORMATION AVAILABLE FROM NEBRASKA: SPECIFIC MONTHS 29. NEVADA TANF PROGRAMS a. EMERGENCY ASSISTANCE b. TANF TIME LIMIT: 24 ON, 12 OFF; 24 ON, 12 OFF, UNTIL 60 MONTHS USED New York State Office of Temporary & Disability Assistance

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TANF START DATE: 1/1/97 CENTRAL DATA SOURCE FOR ENTIRE STATE: YES PHONE: (775) 684-0615 FAX: (775) 684-0681 PREFERRED METHOD TO CONTACT: PHONE NECESSARY DATA FOR INDIVIDUAL: NAME, SSN INFORMATION AVAILABLE FROM NEVADA: SPECIFIC MONTHS

30. NEW HAMPSHIRE TANF PROGRAMS a. b. c. d. e. f.

FINANCIAL GRANTS EMERGENCY ASSISTANCE TANF TIME LIMIT: 60 MONTHS TANF START DATE: 10/1/97 CENTRAL DATA SOURCE FOR ENTIRE STATE: YES ADDRESS: DIVISION OF FAMILY ASSISTANCE DEPT. OF HEALTH AND HUMAN SERVICES 6 HAZEN DRIVE CONCORD, NH 03301 g. PHONE: (603) 271-9700 h. FAX: (603) 271-4637 i. PREFERRED METHOD TO CONTACT: PHONE, FAX (NEED CLIENT CONSENT TO FAX) j. NECESSARY DATA FOR INDIVIDUAL: NAME, SSN, DOB, SEX k. INFORMATION AVAILABLE FROM NEW HAMPSHIRE: SPECIFIC MONTHS 31. NEW JERSEY TANF PROGRAMS a. b. c. d. e.

WORK FIRST NEW JERSEY TANF TIME LIMIT: 60 MONTHS TANF START DATE: 4/1/97 CENTRAL DATA SOURCE FOR ENTIRE STATE: YES – IN DEVELOPMENT CONTACT: JOYCE OTTAUNICK – CALL OUT OF STATE VERIFICATION PROGRAM f. PHONE: (609) 588-2931 g. FAX: (609) 631-4507 h. PREFERRED METHOD TO CONTACT: PHONE. OR FAX i. NECESSARY DATA FOR INDIVIDUAL: NAME, SSN, DOB, SEX j. INFORMATION AVAILABLE FROM NEW JERSEY: NOT SPECIFIED 32. NEW MEXICO TANF PROGRAMS a. NEW MEXICO WORKS b. TANF TIME LIMIT: 60 MONTHS New York State Office of Temporary & Disability Assistance

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TANF START DATE: 7/1/97 CENTRAL DATA SOURCE EXISTS FOR ENTIRE STATE: YES CONTACT: FLORA MARTINEZ NEW MEXICO HUMAN SERVICES DEPARTMENT INCOME SUPPORT DIVISION P.O. BOX 2348 POLLON PLAZA SANTA FE, NM 87504-2348 PHONE: (505) 827-63 FAX: (505) 827-7203 PREFERRED METHOD TO CONTACT: PHONE / WRITE NECESSARY DATA FOR INDIVIDUAL: NAME, SEX, SSN, DOB INFORMATION AVAILABLE FROM NEW MEXICO: SPECIFIC CALENDAR MONTHS

33. NEW YORK TANF PROGRAMS a. FAMILY ASSISTANCE b. SAFETY NET NON CASH ASSISTANCE/ FP EMERGENCY ASSISTANCE TO NEEDY FAMILIES (EAF): AS SHORT-TERM, ONCE ONLY EMERGENCY ASSISTANCE, EAF IS NOT COUNTED TOWARD TIME LIMIT. c. TANF TIME LIMIT: 60 MONTHS d. TANF START DATE: 12/3/96 e. CENTRAL DATA SOURCE FOR ENTIRE STATE: YES f. NEW YORK STATE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE CENTER FOR EMPLOYMENT AND ECONOMIC SUPPORTS OUT OF STATE INQUIRY UNIT 40 NORTH PEARL STREET ALBANY, NEW YORK 12243-0001 g. FAX: (518) 474-8090 h. PHONE: (518) 486-3460 i. PREFERRED METHOD TO CONTACT: FAX ON STATE/COUNTY LETTERHEAD j. NECESSARY DATA FOR INDIVIDUAL: NAME, SSN, DOB, BRIEF STATEMENT OF REASON FOR REQUEST k. INFORMATION AVAILABLE FROM NEW YORK: AUTHORIZATION DATES, UNTIL TRACKING SYSTEM IS IN PLACE 34. NORTH CAROLINA TANF PROGRAMS a. WORK FIRST b. TANF TIME LIMIT: 24 MONTHS (FAMILIES MAY REQUEST EXTENSIONS FOR UNUSUAL CIRCUMSTANCES. ONCE A FAMILY HAS BEEN OFF 36 MONTHS, IT CAN RECEIVE ASSISTANCE AGAIN.) c. TANF START DATE: 1/1/97 d. CENTRAL DATA SOURCE EXISTS FOR ENTIRE STATE: NO (ONLY CUMULATIVES) e. CONTACT: HELP DESK New York State Office of Temporary & Disability Assistance

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f.

NORTH CAROLINA DEPT. OF HEALTH AND HUMAN SERVICES 325 N. SALISBURY STREET P.O. BOX 2348 POLLON PLAZA RALEIGH, NC 27603-5905 g. PHONE: (919) 733-3055 h. FAX: (919) 715-5457 i. PREFERRED METHOD TO CONTACT: CALL j. NECESSARY DATA FOR INDIVIDUAL: NAME, SEX, SSN,DOB k. INFORMATION AVAILABLE FROM NORTH CAROLINA: SPECIFIC CALENDAR MONTHS 35. NORTH DAKOTA TANF PROGRAMS b. c. d. e.

TANF TIME LIMIT: 60 MONTHS TANF START DATE: 7/1/97 CENTRAL DATA SOURCE EXISTS FOR ENTIRE STATE: YES ADDRESS: NORTH DAKOTA DEPT. OF HUMAN RESOURCES 600 E. BOULEVARD BISMARCK, ND 58505 f. PHONE: (701) 328-4008 / 1-800-755-2716 X: 4008 g. FAX: (701) 328-1060 h. PREFERRED METHOD TO CONTACT: CALL OR FAX i. NECESSARY DATA FOR INDIVIDUAL: NAME, SEX, SSN,DOB j. INFORMATION AVAILABLE FROM NORTH DAKOTA: SPECIFIC CALENDAR MONTHS 36. OHIO TANF PROGRAMS a. OHIO WORKS FIRST (OWF) b. PREVENTION, RETENTION, AND CONTINGENCY (PRC) PROGRAMS - PRC DOES NOT MEET FEDERAL DEFINITION OF COUNTABLE ASSISTANCE, PROVIDING SERVICES THROUGH TANF - FUNDING. c. TANF TIME LIMIT: 36 MONTHS WITH 24 ADDITIONAL MONTHS WITH "GOOD CAUSE" AND IF OFF OF OWF FOR AT LEAST 24 CONSECUTIVE MONTHS. d. TANF START DATE: 10/1/96 e. CENTRAL DATA SOURCE EXISTS FOR ENTIRE STATE: YES f. CONTACT: OFFICE OF FAMILY STABILITY OHIO DEPARTMENT OF HUMAN SERVICES g. PHONE: (614) 466-4815 – OFFICE OF FAMILY STABILITY – STAFF WILL DIRECT CALL h. FAX: (614) 446-1767 i. PREFERRED METHOD TO CONTACT: PHONE j. NECESSARY DATA FOR INDIVIDUAL: NAME, SEX, SSN, DOB, LAST OHIO COUNTY*

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INFORMATION AVAILABLE FROM OHIO: SPECIFIC CALENDAR MONTHS FOR ADULTS AND MINOR HEADS OF HOUSEHOLDS AND SPOUSES OF HEAD OF HOUSEHOLD.* (* MINOR HEAD OF HOUSEHOLD IN OHIO LAW IS MINOR CHILD WHO IS THE PARENT OF A CHILD INCLUDED IN THE SAME ASSISTANCE GROUP THAT DOES NOT INCLUDE AN ADULT.)

37. OKLAHOMA TANF PROGRAMS a. b. c. d.

TANF TIME LIMIT: 60 MONTHS TANF START DATE: 10/1/96 CENTRAL DATA SOURCE FOR ENTIRE STATE: YES ADDRESS: FAMILY SUPPORT SERVICES PO BOX 25352 OKLAHOMA CITY, OK 73125 e. PHONE: (405) 521-4391 f. FAX: (405) 521-4158 g. REFERRED METHOD TO CONTACT: CALL FAX h. NECESSARY DATA FOR INDIVIDUAL: NAME, SSN, DOB, SEX i. INFORMATION AVAILABLE FROM OKLAHOMA: SPECIFIC MONTHS 38. OREGON TANF PROGRAMS a. TANF TIME LIMIT: 24 MONTHS (OUT OF ANY PERIOD OF 84 CONSECUTIVE MONTHS) b. TANF START DATE: 10/1/97 c. CENTRAL DATA SOURCE FOR ENTIRE STATE: YES d. CONTACT: ADULT AND FAMILY SERVICES RECEPTION e. PHONE: (503) 945-5600 (IF NECESSARY) f. FAX: (503) 373-7032 g. PREFERRED METHOD TO CONTACT: FAX, PHONE (IF NECESSARY) h. NECESSARY DATA FOR INDIVIDUAL: NAME, SSN, DOB - ON STATE LETTERHEAD i. INFORMATION AVAILABLE FROM OREGON: SPECIFIC MONTHS 39. PENNSYLVANIA TANF PROGRAMS a. b. c. d. e.

TANF TIME LIMIT: 60 MONTHS TANF START DATE: 3/3/97 CENTRAL DATA SOURCE FOR ENTIRE STATE: YES CONTACT: PUBLIC WELFARE HELPLINE OIM - BUREAU OF OPERATIONS – HELPLINE P.O. BOX 2675, 5TH FL. BERTOLINO BLDG.

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HARRISBURG, PA. 17105-2675 PHONE: 1-800-692-7462 FAX: (717) 772-4702 PREFERRED METHOD TO CONTACT: PHONE / FAX NECESSARY DATA FOR INDIVIDUAL: NAME, SSN, DOB INFORMATION AVAILABLE FROM PENNSYLVANIA: SPECIFIC MONTHS

40. PUERTO RICO TANF PROGRAMS a. b. c. d.

e. f. g. h. i. j. k.

TANF TIME LIMIT: 60 MONTHS TANF START DATE: 7/1/97 CENTRAL DATA SOURCE FOR ENTIRE STATE: YES CONTACT: AIDA KARMAN, SUPERVISOR, COMMUNITY AFFAIRS OFFICE SOCIOECONOMIC DEVELOPMENT ADMINISTRATION P.O. BOX 8000 SAN JUAN, P.R. 00910 PHONE: (787) 289-7600, EXT. 2609 **(NY – SEE BELOW) FAX: (787) 289-7614 FOR NY CASES ONLY CONTACT: MIGUEL DE JESUS PHONE: (787) 289-2613 (OR Extensions 2610, 2638) PREFERRED METHOD TO CONTACT: WRITING OR PHONE NECESSARY DATA FOR INDIVIDUAL: NAME, SSN, PUERTO RICO ADDRESS, STATEMENT OF REASON FOR REQUEST. INFORMATION AVAILABLE FROM PUERTO RICO: DATES OF CASE AUTHORIZATION

41. RHODE ISLAND TANF PROGRAMS a. b. c. d. e. f.

FAMILY INDEPENDENCE PROGRAM TANF TIME LIMIT: 60 MONTHS TANF START DATE: 5/1/97 CENTRAL DATA SOURCE FOR ENTIRE STATE: YES CONTACT PERSON: LYNN SABOURIN ADDRESS: THE RI DEPARTMENT OF HUMAN SERVICES, ADMINISTRATRATOR OF FIELD OPERATIONS, 600 NEW LONDON AVENUE CRANSTON, RI 02920 g. TELEPHONE: (401) 415-8526 h. FAX: (401) 415-8563 i. E-MAIL: [email protected] j. PREFERRED METHOD TO CONTACT: FAX / PHONE k. NECESSARY DATA FOR INDIVIDUAL: NAME, SEX, SNN, DOB 42. SOUTH CAROLINA TANF PROGRAMS New York State Office of Temporary & Disability Assistance

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a. b. c. d. e.

FAMILY INDEPENDENCE TANF TIME LIMIT: 24 MONTHS IN 120 MONTHS TANF START DATE: 10/1/96 CENTRAL DATA SOURCE FOR ENTIRE STATE: YES CONTACT: CUSTOMER SERVICE HOTLINE FOR TANF & SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM f. ADDRESS: SOUTH CAROLINA DEPT. OF SOCIAL SERVICES P.O. BOX 1520 COLUMBIA, SC 29202-1520 g. PHONE: 1-800-768-5700 (FOLLOW PROMPTS) h. FAX: (803) 898-7156 TANF/SNAP OR (803) 898-7102 TANF POLICY i. PREFERRED METHOD TO CONTACT: PHONE / FAX j. NECESSARY DATA FOR INDIVIDUAL: NAME, SSN, DOB k. INFORMATION AVAILABLE FROM SOUTH CAROLINA: PERIODS OF CASE AUTHORIZATION, WITH SOME INDIVIDUAL INFORMATION 43. SOUTH DAKOTA TANF PROGRAMS a. b. c. d. e.

TANF WORK TANF TIME LIMIT: 60 MONTHS TANF START DATE: 12/1/96 CENTRAL DATA SOURCE FOR ENTIRE STATE: YES ADDRESS: SOUTH DAKOTA DEPARTMENT OF SOCIAL SERVICES 700 GOVERNORS DRIVE KNEIP BUILDING PIERRE, SD 57501 f. PHONE: (605) 773-4678 g. FAX: (605) 773-7183 h. E-MAIL: [email protected] i. PREFERRED METHOD TO CONTACT: E-MAIL OR PHONE j. NECESSARY DATA FOR INDIVIDUAL: NAME, SOCIAL SSN, DOB k. INFORMATION AVAILABLE FROM SOUTH DAKOTA: COUNT BY CALENDAR MONTH 44. TENNESSEE TANF PROGRAMS a. b. c. d. e. f. g. h.

FAMILIES FIRST TANF TIME LIMIT: 18 AND 60 MONTHS TANF START DATE: 9/1/96 CENTRAL DATA SOURCE FOR ENTIRE STATE: YES CONTACT: TENESEE STATE SERVICE CENTER PHONE: (866) 311-4287 FAX: 866) 876-7552 PREFERRED METHOD TO CONTACT: FAX (PHONE IF NECESSARY)

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i. REQUIRED (ON STATE LETTERHEAD) WITH RETURN PHONE NUMBER j. NECESSARY DATA FOR INDIVIDUAL: NAME, SSN, CONTACT INFORMATION k. INFORMATION AVAILABLE FROM TENNESSEE: COUNT BY CALENDAR MONTH 45. TEXAS TANF PROGRAMS a. TANF-UP b. TANF TIME LIMIT: 12, 24, OR 36 COUNTABLE MONTHS, CONNECTED TO AVAILABILITY OF EMPLOYMENT SERVICES; THEN, A FIVE YEAR INELIGIBILITY PERIOD, WITH EXEMPTIONS. THIS IS A STATE TIME LIMIT; TEXAS HAD A WAIVER FROM FEDERAL TIME LIMITS UNTIL APRIL 2002. c. TANF START DATE: 11/1/96 d. CENTRAL DATA SOURCE FOR ENTIRE STATE: YES e. CONTACT: OFFICE OF THE CLIENT RESOLUTIONS ON BUDSMAN TEXAS DEPARTMENT OF HUMAN SERVICES INFORMATION AND REFERRAL UNIT (MCW-231) P.O. BOX 149030 AUSTIN, TEXAS 78714-9030 f. PHONE: (877) 787-8999 g. FAX: (512) 491-1967 (ON STATE LETTERHEAD) h. PREFERRED METHOD TO CONTACT: FAX, PHONE IF UNDER 5 INQUIRIES i. NECESSARY DATA FOR INDIVIDUAL: NAME, SSN, DOB j. INFORMATION AVAILABLE FROM TEXAS: COUNT BY SPECIFIC CALENDAR MONTH 46. UTAH TANF PROGRAMS a. b. c. d. e.

CASH ASSISTANCE, EMERGENCY ASSISTANCE TANF TIME LIMIT: 36 MONTHS TANF START UP DATE: 10/1/96 CONTACT: HELP DESK ADDRESS: DEPARTMENT OF WORKFORCE SERVICE 140 EAST 3 THIRD SOUTH SALT LAKE CITY, UTAH 84111 f. TELEPHONE: (801) 526-9675 (FOLLOW PROMPTS) g. FAX: (801) 526-9239 h. PREFERRED METHOD TO CONTACT: FAXj. NECESSARY DATA FOR INDIVIDUAL: NAME, SSN, SEX, DOB i. CENTRAL DATA SOURCE FOR ENTIRE STATE: YES 47. VERMONT TANF PROGRAMS

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a. b. c. d. e.

AID TO NEEDY FAMILIES WITH CHILDREN/REACH UP TANF TIME LIMIT: 5 YEARS TANF START DATE: 9/20/96 CENTRAL DATA SOURCE FOR ENTIRE STATE: YES ADDRESS: FAMILY SERVICES DIVISION DEPT. OF SOCIAL WELFARE 103 SOUTH MAIN STREET WATERBURY, VT 05671-1201 f. PHONE: 1-800-479-6151 (FOLLOW PROMPTS) g. FAX: (802) 241-2235 h. PREFERRED METHOD TO CONTACT: PHONE i. NECESSARY DATA FOR INDIVIDUAL: NAME, SSN, DOB, SEX j. INFORMATION AVAILABLE FROM VERMONT: COUNT BY CALENDAR MONTH 48. VIRGINIA TANF PROGRAMS a. b. c. d. e.

TANF TIME LIMIT: 60 MONTHS TANF START DATE: 10/1997 CENTRAL SOURCE FOR ENTIRE STATE: YES CONTACT: NANCY HEWITT BENEFIT PROGRAMS VA DEPARTMENT OF SOCIAL SERVICES 7 NORTH EIGHTH ST. RICHMOND, VA 23219-3301 f. PHONE: (804) 726-7000 g. PREFERRED METHOD TO CONTACT: PHONE h. NECESSARY DATA FOR INDIVIDUAL: NAME, SSN (YOUR PHONE NUMBER – RETURN CALL) 49. VIRGIN ISLANDS (best information we have as of 9/30/07) TANF PROGRAMS a. b. c. d. e.

TANF BLOCK GRANT TANF TIME LIMIT: 5 YEARS TANF START DATE: 7/1/97 CENTRAL DATA SOURCE FOR ENTIRE STATE: YES CONTACT: MS. CHRISTOPHER - DEPARTMENT OF HUMAN SERVICES FINANCIAL PROGRAMS DIVISION ST. THOMAS, US VI 00802 f. PHONE: (340) 774-2399 OR 774-7125 g. FAX: (340) 774-5449 h. PREFERRED METHOD TO CONTACT: WRITE TO PROGRAM ADMINISTRATOR i. NECESSARY DATA FOR INDIVIDUAL: NAME, SSN, DOB, SEX j. INFORMATION AVAILABLE FROM VIRGIN ISLANDS: COUNT BY CALENDAR MONTH 50. WASHINGTON New York State Office of Temporary & Disability Assistance

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TANF PROGRAMS a. b. c. d. e.

WORK FIRST TANF TIME LIMIT: 5 YEARS TANF START DATE: 8/1/97 CENTRAL DATA SOURCE FOR ENTIRE STATE: YES ADDRESS: COMMUNITY SERVICES f. CONSTITUENT RELATIONS, CUSTOMER SERVICES DIVISION STATE OF WASHINGTON, DEPT. OF SOCIAL AND HEALTH SERVICES OLYMPIA, WA 98504-5000 g. PHONE: 1-800-865-7801 OR (360) 725-4763 h. PREFERRED METHOD TO CONTACT: PHONE i. NECESSARY DATA FOR INDIVIDUAL: NAME, SSN, DOB, SEX j. INFORMATION AVAILABLE FROM STATE OF WASHINGTON: PERIODS OF CASE AUTHORIZATION 51. WEST VIRGINIA TANF PROGRAMS a. WV WORKS – EMERGENCY ASSISTANCE - DIVERSIONARY CASH ASSISTANCE b. TANF TIME LIMIT: 60 MONTHS c. TANF START DATE: 1/1/97 d. CENTRAL DATA SOURCE FOR ENTIRE STATE: YES e. CONTACT: CLIENT SERVICES f. PHONE: (304) 558-2400 g. FAX: (304) 558-4501 h. PREFERRED METHOD TO CONTACT: PHONE i. NECESSARY DATA FOR INDIVIDUAL: NAME, SSN, DOB, SEX j. INFORMATION AVAILABLE FROM STATE OF WEST VIRGINIA: NOT SPECIFIED 52. WISCONSIN TANF PROGRAMS a. b. c. d. e. f. g. h. i.

WISCONSIN WORKS (W-2) TANF TIME LIMIT: 60 MONTHS TANF START DATE: 9/30/96 CENTRAL DATA SOURCE FOR ENTIRE STATE: YES CONTACT: DWD CALL CENTER PHONE: (608) 261-6317 (TANF CONTACT) FAX: (608) 267-0484 OR CONTACT: CARES HELPDESK PHONE: (608) 261-6378 OPT #1 CARES CENTER (FOR SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM/MA) j. FAX: (608) 267-2269 k. E-MAIL: [email protected] New York State Office of Temporary & Disability Assistance

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l. PREFERRED METHOD TO CONTACT: FAX OR E-MAIL m. NECESSARY DATA FOR INDIVIDUAL: NAME, SSN, DOB, SEX n. INFORMATION AVAILABLE FROM STATE OF WISCONSIN: SPECIFIC MONTH 53. WYOMING TANF PROGRAMS a. b. c. d. e. f.

POWER TANF TIME LIMIT: 5 YEARS TANF START DATE: 1/1/97 CENTRAL DATA SOURCE FOR ENTIRE STATE: YES CONTACT: ANNETTE JONES STATE OF WYOMING DEPARTMENT OF FAMILY SERVICES - CENTRAL OFFICE HATHAWAY BLDG., 3RD FLOOR CHEYENNE, WY 82002 g. PHONE: (307) 777- 5846 h. FAX: (307) 777-6276 i. E-MAIL: [email protected] j. PREFERRED METHOD TO CONTACT: PHONE (FAX/E-MAIL AS NECESSARY) k. NECESSARY DATA FOR INDIVIDUAL: NAME, SSN, DOB l. INFORMATION AVAILABLE FROM STATE OF WYOMING: SPECIFIC MONTH COUNT

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CHAPTER 9 – FAMILY ASSISTANCE Section L – Pregnancy

L. PREGNANCY A woman with a medically verified pregnancy is categorically eligible for FA, regardless of the expected date of delivery. Unless she is ineligible for FA due to reaching the State 60 month time limit or immigration status. The recipient becomes eligible for the pregnancy allowance beginning in the fourth month of pregnancy, or the month the she verifies the pregnancy, whichever is later. For Example: Mr. and Mrs. Arthur are applying for temporary assistance (TA). Mrs. Arthur has presented medical verification that she is in her second month of pregnancy. If the Arthur’s are determined to be eligible for TA and have not reached their State 60-month time limit, they will be eligible for FA immediately. The pregnancy allowance may not be provided prior to the 4th month. In this example, the 4th month of the pregnancy is considered to be March 16. The pregnancy allowance must begin on March 1st. Note: A father’s written acknowledgement of paternity is sufficient to verify FA realationship but the household must still be referred for paternity adjudication.

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CHAPTER 9 – FAMILY ASSISTANCE Section M – Grantee

M. GRANTEE 1. DEFINITION A grantee is a parent or other specified relative to whom an FA grant is made for the benefit of a child or minor in one of the following living situations: a. Child living with one or both parents b. Child living with other relatives c. Children of different parentage 2. CHILD LIVING WITH ONE OR BOTH PARENTS a. When a child or minor is living with one parent, that parent is the grantee. b. When a child or minor is living with both parents, either parent may be designated the grantee. 3. CHILD LIVING WITH OTHER RELATIVES If the relative, who is the grantee, is without adequate means of support his/her needs shall be included in the FA grant. The spouse of such relative may not be included in the grant or recipient count. 4. CHILDREN OF DIFFERENT PARENTAGE a. 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. b. If two or more dependent children live with two persons who are not married to each other, the following shall apply: (1) If one person is the parent of all of the dependent children, that person shall be the grantee for all of the children. (2) If neither person is the parent of all of the children and each is an eligible relative of some of the children, a separate FA grant shall be issued to each grantee. 5. GRANTS TO MINORS a. A minor 16 years of age or over may be designated as grantee in behalf of his own child or of his younger brothers and sisters. b. A child under 16 shall not be designated the grantee. c.

Subject to the provision of Section 1, Living Arrangements, above:

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(1) When pregnancy is verified, a minor recipient of FA over 16 may be designated as grantee in her own behalf from the beginning of the month of medically verified pregnancy. (2) When a dependent child in receipt of FA gives birth to an out-of-wedlock child and remains in the same household: (a) If the mother is under 16 years of age, her needs shall be included in the FA grant and the needs of the infant shall be added to the FA budget, if the grantee is an eligible relative of the baby. (b) If the mother is at least 16 years of age but under 18 years of age, (or if under age 19, if she is a full-time student in a secondary school, or in the equivalent level of vocational or technical training), her needs and those of her infant may be included in the active FA case or the mother may be the grantee with her own case. d. For infants born to female residents placed with the Division for Youth (DFY) in youth centers, schools and centers, the following rules for grantees apply: (1) If the mother is 16 years of age or over, she may be designated as grantee in behalf of the infant and can receive the TA and/or personal needs allowance directly. However, the agency should consider issuing two-party temporary assistance and/or personal needs allowance checks to the mother and the DFY. (2) If the mother is under 16, she shall not be designated the grantee. The local district must issue two-party temporary assistance and/or personal needs allowance checks to the mother and the DFY. Note: In no event shall the check go directly to the DFY or an employee of the DFY.

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CHAPTER 9 – FAMILY ASSISTANCE Section N – Change of Grantee

N. CHANGE OF GRANTEE 1. When a child or minor has been living with one parent and it becomes necessary for him to move permanently to the home of the other parent or to the home of an eligible relative, or from the home of one eligible relative to that of another eligible relative, a new application shall be required. The other parent or eligible relative is designated as grantee, provided the other conditions of eligibility are met. The former case is closed and a new case opened under a new or different case number. 2. When a grantee is temporarily absent from the home and when another eligible relative cares for the child either in the same or in a different home, the grant may be continued with such eligible relative designated as grantee provided the other conditions of eligibility are met. If the temporary change of grantee becomes permanent, a new application is required.

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CHAPTER 9 – FAMILY ASSISTANCE Section O – Utilizing Federal Categories of Assistance

O. UTILIZING FEDERAL CATEGORIES OF ASSISTANCE 1. FULL UTILIZATION OF FEDERAL CATEGORICAL ASSISTANCE - FA shall be granted to persons eligible (or presumptively eligible) in compliance with Office Regulations. 2. UTILIZATION OF FEDERAL SUPPLEMENTAL SECURITY INCOME PROGRAM (SSI) a. Any applicant for or recipient of FA who, based on a medical statement documenting or indicating the existence of a physical or mental impairment, reasonably appears to qualify for SSI, or who otherwise appears to be eligible for SSI benefits must, as a condition of eligibility or of continuing eligibility: (1) Cooperate in applying for SSI benefits (2) Appeal a SSI eligibility denial when the district determines such appeal is required (3) Accept SSI benefits b. When an applicant or recipient refuses without good cause to cooperate in applying for SSI, appealing a SSI denial if required bv the local district, or accepting benefits for himselfor herself or for a child in his or her care the following penalty applies: (1) The non cooperative adult must be removed from the budget (incremetnal sanction). This is true unless the Rice budgeting methodology is used then the penalty is a prorata reduction. The sanction is effective until compliance. (2) Adult caretaker A/R refuses to comply on behalf of a child – The noncooperative adult must be removed from the budget (incremetnal sanction) until the individual cooperates. This is true even if the adult caretaker is not a legally responsible relative. If the adult caretaker is not in receipt of temporary assistance, no sanction is imposed. c. An applicant or recipient who is referred to the SSA to apply for SSI must be provided by the local district with any available medical documentation that may have been used to establish potential eligibility for SSI and any other medical information available at the time of referral. d. An entry must be made in the local district's SSI tracking system with respect to each referral. e. Chapter 53 of the Laws of 1992 require local districts to have enhanced procedures in place for assisting TA applicants/recipients who appear to be disabled to apply for, appeal and receive SSI benefits. f.

Local district plans must develop procedures for early identification, assessment, referral with medical information, tracking and assisting clients in the SSI application

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and appeals process for more information see 08-ADM-05 "SSI- Screening/ Identification, Referral and Tracking Requirements", Attachment A, Attachment B, Attachment C, Attachment D, Attachment E, Attachment F, Attachment G. g. When the only remaining child in an FA household becomes eligible for SSI benefits, the needs of the dependent relative who is otherwise eligible shall be provided as FA until the child would no longer be FA categorically eligible. h. When an individual in the FA household becomes eligible to receive SSI benefits, and no FA-eligible individual remains in the household, FA shall not be provided. i.

If a parent or eligible relative providing care for a minor child applies for SSI benefits, FA shall be granted while the SSI eligibility determination is pending.

j.

THE FOLLOWING QUALIFIED ALIENS ARE ELIGIBLE, OR POTENTIALLY ELIGIBLE, FOR SSI BENEFITS (1) Aliens lawfully residing in the U.S. on 8/22/96 and who are blind or disabled, or who were receiving SSI on 8/22/96. (2) Refugees admitted into the U.S under section 207, are potentially eligible for SSI within the first seven years after the date of admission. (3) Asylees granted asylum under Section 208 of the INA, are potentially eligible for SSI for the first seven years after the date status was granted. (4) Cuban or Haitian entrants, as defined in section 501(e) of the Refugee Education Assistance Act of 1980, are potentially eligible for SSI for the first seven years after the date status was granted. (5) An alien lawfully admitted for permanent residence, who has been credited with 40 work credits from the alien’s work, or from work done by a parent or spouse of the alien, and who entered the U.S on or after 8/22/96, must be a qualified alien for five years to be potentially eligible for SSI. (6) An alien whose deportation was withheld under section 243(h) of INA, or removal was withheld under ssection 241(b)(3) of INA, is potentially eligible to receive SSI for seven years beginning with the date deportation or removal was withheld. (7) Qualified aliens who are active duty members, or who are honorably discharged veterans, of the veterans, of the U.S. armed forces, their spouses and unmarried dependent children. The un-remarried spouse and unmarried dependent child of a deceased veteran who are qualified aliens are also eligible. (8) American Indians born outside the US, who are under section 289 of the INA, or who are members of a federally recognized Indian tribe, (under section 4c of the Indian Self-Determination and Education Assistance Act) can receive SSI if they meet SSI eligibility criteria.

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(9) Certain aliens who meet the requirements of the Trafficing Victims Protection Act of 2000. Note: Local districts should track cases not eligible for SSI and require appropriate cases to apply for SSI within three months before the end of the disqualification period 3. UTILIZATION OF FA CATEGORY FOR PREGNANT WOMEN – FA must be granted to a needy pregnant woman beginning with the month of medically verified pregnancy, unless she is ineligible for FA due to reaching the State 60 month time limit, or immigration status. 4. UTILIZATION OF FA CATEGORY FOR A CHILD OR MINOR WHO BECOMES CATEGORICALLY INELIGIBLE a. ONE MONTH ELIGIBILITY – In situations where need continues but the ineligibility of the child or minor is the result of no eligible grantee available or a minor 18 years of age or older leaves school, FA eligibility should be continued for one month after the month in which the child or minor becomes ineligible. b. MEDICAID – Cash assistance cases that close after they have received this extension are entitled to continued MA coverage until a separate MA determination is made.

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CHAPTER 9 – FAMILY ASSISTANCE Section P – Utilizing the FA Essential Person (EP) Category

P. UTILIZING THE FA ESSENTIAL PERSON (EP) CATEGORY 1. DEFINITIONS – For the purpose of determining Essential Person status, the following definitions apply: a. ESSENTIAL PERSON – An essential person is an individual(s) who has applied for and is eligible to receive TA other than FA and SNA-FP (case type 12), who is living in the same home as an FAor SNA-FP dependent child(ren) who is an applicant/ recipient, and the individual's presence is essential to the applicant or recipient's well-being. This definition includes but is not limited to step-parents,and stepsiblings, and siblings over the age of 18 who are themselves no longer categorically eligible for FA or SNA-FP. b. HEAD OF HOUSEHOLD – The head of household is the caretaker relative who is either: (1) The FA (SNA-FP) applicant/recipient who will receive or receives the FA or SNAFP benefits in his/her name; or (2) The adult payee for FA or SNA-FP minor child(ren) and the essential person(s); for example, a Non-TA grandmother who is payee for a grandchild. 2. REQUIREMENTS FOR ESSENTIAL PERSONS – Any adult age 18 or older who is included in the FA or SNA-FP grant as an EP must comply with all eligibility requirements. The EP must also: a. Sign an application unless the EP is in receipt of assistance; b. Sign all subsequent recertification applications unless there is a good reason for not signing, for example the worker failed to notify the EP of that requirement; c. Appear for the face-to-face eligibility interview and recertification interviews, unless there is a good reason for not appearing; for example the EP is working or in school. d. If an EP fails, without good cause, to comply with employment requirements, the appropriate employment sanction must be applied. e. When a sanction is imposed because of the EP. The EP must be deleted from the FA or SNA-FP household. The sanction is then imposed on the EP outside of the FAor SNA-FP case. f.

The Safety Net Assistance 45 day application period applies; and,

g. The presence of an EP cannot negatively impact the FA or SNA-FP household. 3. EP STATUS NOT DESIGNATED – The local district cannot designate an applicant/ recipient to be an EP: New York State Office of Temporary & Disability Assistance

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a. If the head of household does not agree that the individual is essential; or b. If the individual designated as the EP indicates that he or she does not wish to be designated as essential; or c. If it would reduce the total household grant or cause ineligibility. 4. NOT FA (SNA-FP) ELIGIBLE – The local district must apply the designation of essential person only to individuals not categorically eligible for FA or SNA-FP. Only when an individual has been determined ineligible for FA or SNA-FP can EP status be considered. 5. INDIVIDUAL MAY REFUSE ESSENTIAL PERSON STATUS – An individual who is designated as an essential person may choose at any time not to be included as an essential person in an FA or SNA-FP case. Upon such notification, the local district will immediately take appropriate action to cancel the essential person status of the individual. 6. SEPARATE GRANT – The local district must: Send the EP's portion of the FA or SNA-FP grant (after any restrictions) to the EP, if requested by the EP, and if the FA (SNA-FP) head of household agrees to the restriction. This agreement by the head of household must be in writing and documented in the case record. If the head of household does not agree, the EP designation must be removed. Note: When an essential person in a case with restricted rent requests a separate grant, the rent shall remain restricted. This includes the essential person's share that is included in his/her separate grant. ("All Commissioner" Letter - 12/13/85.) 7. CHANGE OF CATEGORY – In most cases, the esential person’s (EP’s) categorical change from SNA to FA will not have a negative impact on the recipients involved. However, there may be situations where such a change might be construed as negatively affecting a recipient. If such a situation should arise, the categorical change from SNA to FA or SNA-FP must not be made. Note: For procedures on budgeting an Essential Person case in which a recoupment was being applied see TASB Chapter 22, Section E. 8. FA REQUIREMENTS – All requirements that apply to FA or SNA-FP applicants/ recipients also apply to - essential persons, (e.g., documentation, verification, employment requirements as appropriate, etc.) Since this individual is eligible to become an essential person only when he/she has been determined SNA (FNP) eligible, the 45-day application period for SNA applies. Once essential person status is determined, the essential person is treated like any other FA or SNA-FP recipient in terms of eligibility and degree of need.

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“DANKS" CASES: a. FA (SNA-FP) households living as a separate economic unit and containing an essential person who is neither a legally responsible relative nor a dependent child under the age of 21 of another member of the case, must receive a monthly assistance grant at least equal to the amount the household would have received if the essential person were budgeted as a separate cooperative case. The Basic Allowance, Home Energy Allowance, Supplemental Home Energy Allowance and Shelter Allowance, are not prorated in such cases. Fuel and water allowances reflect the total number in the FA (SNA-FP) case, including the essential person(s). b. Cases must be budgeted using Danks v. Perales rules if any of the following are true: (1) The Essential Persons do not pool essentially all income and resources with the other FA (SNA-FP) case members; (2) The Essential Persons purchase and prepare food separately from the other FA (SNA-FP) case members and, (3) The Essential Persons and the other case members do not share the cost of other major household expenses such as utilities, fuel, insurance and car maintenance.

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CHAPTER 9 – FAMILY ASSISTANCE Section Q – WMS for Essential Person Instructions

Q. WMS FOR ESSENTIAL PERSON INSTRUCTIONS 1. GENERAL – Workers must code the individual as EP with the Relationship Code (12). 2. SEPARATE GRANT – If a "Danks" Essential Person requests that his/her portion of the FA or SNA-FP grant be paid as a separate payment and if the EP applies for and is found eligible for a separate SNAP allotment, workers may, at local district option, open a separate PA/SNAP case for the EP. a. In these instances, the Case Type would be FA (Case Type 11) or SNA-FP (Case Type 12), b. Relationship Code must be 12 (Essential Person), c. The TA budget would be calculated according to TASB Chapter 13, Section D. d. The EP's TA grant, after appropriate restrictions, should be issued using Payment Type Code "05 - Case Recurring Grant". Do not use "E1 - Grant to Essential Person". e. If the local district opts to establish a separate case for the "Danks" EP, in order to ensure case integrity and to avoid categorical/financial eligibility problems, local districts should establish the SAME recertification dates for the EP's case and its associated FA or SNA-FP case and both cases should use the cooperative case indicator field. In addition the case records should be kept together and handled by the same worker to ensure that both cases would be reviewed together if either case were audited. Note: The presence of a "Danks Essential Person" in a TA case does not alter the method for determining Supplemental Nutrition Assistance Program household composition. See SNAPSB, Section 5. 3. BUDGETING ACCORDING TO DANKS V. PERALES RULES a. TWO SEPARATE ECONOMIC UNITS – When budgeting FA Essential Persons cases in which Danks v. Perales rules apply the ABEL budget will represent the entire household’s needs [including the EP(s)] and degree of eligibiltiy even though the EP is a separate economic unit. To properly budget Danks v. Perales cases the following steps shall be taken: (1) Include the FA Essential Person (s) in the number in the ABEL household and the number in the Case “CA” field along with the other case members. (2) Enter the number of Esesential Persons (1-9) in the ABEL “PRO” proration indicator field to indicate separate economic units with no legal responsibility. (3) Enter the household's expenses as usual. When the budget is transmitted, the Basic Allowance, Home Energy Allowance, Supplemental Home Energy Allowance and Shelter Allowance will equal the unprorated allowances for the New York State Office of Temporary & Disability Assistance

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number of people in the case excluding the Essential Persons plus the unprorated allowances for the Essential Persons (see Example "A"). The water and fuel allowances and PA Additional Needs type 14 (Other Shelter Needs), will be computed including the Essential Persons along with the other FA (SNA-FP) recipients as one unit. b. MORE THAN TWO DANKS ECONOMIC UNITS – Bottom Line budgets will be required for those cases in which there is more than one Danks Essential Person when there is no legal responsibility between the Essential Persons. In such cases, each Essential Person is entitled to the entire Basic Allowance, Home Energy Allowance, Supplemental Home Energy Allowance and Shelter Allowance for one. (see Example “C” below). 4. NON-DANKS ESSENTIAL PERSONS – The Shelter Proration Indicator ABEL “PRO” is left blank to indicate Essential Persons when legal responsibility exists between the Essential Persons and other members of the case. These budgets should be computed as "straight" FA or SNA-FP cases (see Example "D" below). Note: For further information on use of the Shelter Proration Indicator see TASB Chapter 13, Section D. 5. EXAMPLES a. MORE THAN ONE DANKS ESSENTIAL PERSON (no lines of legal responsibility) – Tom and Mary Jones and their daughter are FA eligible. The Jones family shares an apartment with Tom’s brother-in-law, Bob, and Bob’s wife, Lucy Smith, who are SNA-FNP eligible. The two families have no lines of legal responsibility between them and do not share living expenses or income (separate economic units). Bob and Lucy Smith are deemed to be FA Essential Persons on the Jones Case. Since Bob and Lucy are legally responsible for each other, the district enters a “2” in the Shelter Proration field. ABEL will calculate the needs as follows and the district does not need to complete a bottom-line budget: (Lewis County)

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WBGTPA ** PA BUDGET ** VERSION DIST LEWI 01/18/2008 CASE NAME CASE NO. OFC UNIT WORKER TRAN CASE IVD EXAMPLE A SCRATCHPAD 02 10 11 HH CA DP-HH DP-CA HC LF PI SI PSP PSF ********** EARNED INCOME ********* 05 05 2 # LN 30I 30M SRC FRQ D HRS CCR TY R ACTUAL ALLOW 1: BASIC 41700 2: ENRGY 5250 **** OTHER INCOME **** 0 GROSS 0 SPMNT 4000 LN SRC F AMOUNT EXEMPT 0 TAXES 0 01 SHELT 60000 47600 0 0 0 NYS DIS 0 WATER 0 0 0 0 0 WORK EXP 0 0 FUEL 0 0 0 0 EXEMPT 0 OTHER 0 0 TOTAL NET 0 0 CH CARE 0 OTHER 0 0 $$$$ PA GRANT $$$$$ 0 CH CARE 0 OTHER 0 0 TOTAL NEEDS 98500 0 CH CARE 0 TOTAL NEEDS 98500 TOTAL INC 0 0 DISREGARD 0 ********* RECOUPMENT ********** CD / AMT D 98500 0 TOT DED 0 TY BALANCE % MO AMT REM RECOUPMENT 0 0 UNAVAIL 0 0 00.0 0 0 UTIL/RES 0 0 NET INC 0 0 00.0 0 0 SHELT/RES 0 0 00.0 0 0 RESTRICTED 0 * EFFECTIVE DATE * RECALC 00.0 0 SEMI CASH 49250 010108 TO 013108 SNAP CASE NO. SEMI N-CASH 0 DATE STORED / /

b. DANKS FA ESSENTIAL PERSONS REQUEST A SEPARATE CHECK – When a Danks Essential Person requests his/her portion of the TANF grant be paid as a separate check, the worker must manually calculate the EP’s share of the grant. ABEL will only calculate the grant for the entire TANF case. To issue the EP’s share of the grant, the worker must write a payment line using payment type “E1”. BICS will generate a worker advisory because the ABEL budget amount does not match the amount of the case’s regular recurring grant (Payment type 05). The Smiths in Example "a" want a separate check for their share of the grant. Their share is computed as follows: Basic Energy SPMNT Shelter with (Children) Total Needs (rounded)

$166.00 21.00 16.00 $190.00 $393.00

Allowances for 2 Allowances for 2 Allowances for 2

c. MORE THAN TWO DANKS ECONOMIC UNITS – Kathy Young and her two children rent a home in Albany County with two roommates. There is no legal responsibility between the roommates and Kathy's family nor between the two roommates. Both of the roommates are TA eligible. Kathy's family is FA eligible. The roommates have been deemed FA Essential Persons. The household members do not share income or living expenses (separate economic units) other than rent. The total actual shelter for the household is $600.00 with heat.. Since there are no legal lines of responsibility between the roommates and more than one co-op case exists, the actual rent is prorated between the cases (case of 3, case of 1, case of 1) based on the number of recipients in each case (3/5 of 600.00 = $360.00, 1/5 of 600.00 = $120.00, 1/5 of $600.00 = $120.00 respectively). New York State Office of Temporary & Disability Assistance

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Since the maximum shelter allowance with children ($309.00) for Kathy and her two children is less than her prorated share ($360.00), and the maximum shelter allowance for each of the two remaining households ($214.00 each) is less than their prorated share of the actual rent, the remaining balance of the actual rent is split between the two remaining households up to the maximum shelter allowance with children for each household. In this case, the shelter allowance with children for each of the two remaining households is $145.50. The total shelter allowance for the household must not exceed the actual rent as paid for the entire household. Since there are no legal lines of responsibility and the households reside as separate economic units, and because there are more than two cooperatively budgeted cases, the district must enter the following information into a bottom line budget. If there were only two cooperatively budgeted households, the district would enter the information directly in ABEL as in Example A above. Allowances for 3 + Allowances for 1 + Allowances for 1 = BASIC ENERGY SPMNT SHELTER Total Needs (Rounded)

$238.00 30.00 23.00 309.00 600.00

+ + + + +

$112.00 14.10 11.00 145.50 282.00

+ + + + +

$112.00 14.10 11.00 145.50 282.00

Total

= $ 462.00 = 58.20 = 45.00 = 600.00 = $1,164.00

d. NON-DANKS ESSENTIAL PERSON – Ms. Walters and her three minor children are in receipt of FA. Ms. Walters' daughter Ginger turns 18 and graduates from high school, but continues to live in her mother's household. Ginger is no longer considered an eligible child for FA, but can remain on the FA case as an essential person. Since legal lines of responsibility exist between Ms. Walters and her daughter until her daughter turns 21 years old, the district does not use the ABEL Shelter Proration Indicator to indicate Ginger as an Essential Person on ABEL. On WMS, Ginger should receive a Relationship Code of "12- Essential Person", not "05Daughter". The budget should be computed as a straight FA case. There is no 45day application period for Ginger because she has remained in continuous receipt of FA up until this point. ABEL will calculate the needs as follows: (Albany County)

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WBGTPA ** PA BUDGET ** VERSION DIST ALBA 01/22/200 CASE NAME CASE NO. OFC UNIT WORKER TRAN CASE IVD EXAMPLE D SCRATCHPAD 02 06 11 HH CA DP-HH DP-CA HC LF PI SI PSP PSF ********** EARNED INCOME ******* 05 05 # LN 30I 30M SRC FRQ D HRS CC TY R ACTUAL ALLOW 1: BASIC 37900 2: ENRGY 4770 **** OTHER INCOME **** 0 GROSS SPMNT 3700 LN SRC F AMOUNT EXEMPT 0 TAXES 01 SHELT 40000 38600 0 0 0 NYS DIS WATER 0 0 0 0 0 WORK EXP 0 FUEL 0 0 0 0 EXEMPT OTHER 0 0 TOTAL NET 0 0 CH CARE OTHER 0 0 $$$$ PA GRANT $$$$$ 0 CH CARE OTHER 0 0 TOTAL NEEDS 84900 0 CH CARE TOTAL NEEDS 84900 TOTAL INC 0 0 DISREGARD ********* RECOUPMENT ********** CD / AMT D 84900 0 TOT DED TY BALANCE % MO AMT REM RECOUPMENT 0 0 UNAVAIL 0 00.0 0 0 UTIL/RES 0 0 NET INC 0 00.0 0 0 SHELT/RES 0 0 00.0 0 0 RESTRICTED 0 * EFFECTIVE DATE * RECALC 00.0 0 SEMI CASH 42450 010108 TO 013108 SNAP CASE NO. SEMI N-CASH 0 DATE STORED / /

Note: In no case would the income of a case member be applied against the needs of other case members where there are no legal lines of responsibility and filing unit provisions do not apply.

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CHAPTER 9 – FAMILY ASSISTANCE Section R – Determination of Continuing Eligibility

R. DETERMINATION OF CONTINUING ELIGIBILITY Continuing eligibility for FA will be determined according to the policies and procedures generally applicable in Temporary Assistance. Personal contacts and redetermination of eligibility will be made in accordance with department regulations as described in TASB 6 “Continuing Eligibility”. The determination of continuing eligibility shall include reconsideration of all variable factors, including: 1. FINANCIAL NEED – The needs and resources of the child and parents or other relative shall be reevaluated. Extent of need shall be determined in accordance with agency policy for the family group each time a member of the household is temporarily out of the home. The part of the grant which is necessary to retain the child's home shall be provided. 2. RECONSIDERATION OF THE WELFARE OF THE CHILD – A reevaluation of the welfare of the child shall be part of the periodic redetermination of eligibility. Where there is concern for a child's welfare, referral must be made to Children's Services for assessment of the child's home situation. 3. LIVING WITH A PARENT OR OTHER RELATIVE a. Temporary absence from the home or from the district of a child, a grantee, or both, shall not affect a previous determination that the child is living with an eligible relative when it is determined that the parent or relative retains full responsibility for control of the child and that the absence cannot be interpreted as a change in the child's home. b. Such absence may include visits to friends or relatives, attendance at camp, enrollment as a residence pupil, or temporary foster care either in a family home or in an institution. The costs of tuition and maintenance in a residence school or of foster care shall not be met through the regular FA grant to the household. 4. CHANGE OF PARENTAL STATUS – Those changes of parental status which may affect financial eligibility shall be under continuous review, including: a. remarriage, b. recovery from physical or mental illness, c. return to the home of a child or absent parent, d. return to employment, e. abandonment or desertion, and f.

Acknowledgement or adjudication of paternity of children already receiving FA.

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5. CONTINUED SCHOOL ATTENDANCE – High School attendance or attendance at an equivalent level of vocational or technical training shall be confirmed for children who are age 18 at each regular contact with the family when needed to determine categorical eligibility. A child who is age 18 will lose categorical eligibility when he or she is no longer regularly attending full time secondary school (or the equivalent) or reached age 19, whichever comes first. 6. CHANGE OF RESIDENCE OR ABSENCE FROM THE DISTRICT OF ADMINISTRATION – When the recipient leaves the district of administration, the agency shall determine if the absence is temporary, a continuing responsibility of the district of administration, or a permanent change of residence.

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CHAPTER 9 – FAMILY ASSISTANCE Section S – Compliance With Child Support Enforcement Program

S. COMPLIANCE WITH CHILD SUPPORT ENFORCEMENT PROGRAM 1. GLOSSARY a. 60 DAY POSTPARTUM PERIOD: The 60 days following the end of the pregnancy and the remainder of the month in which the 60th day occurs b. ABSENT PARENT: The biological parent, stepparent or adoptive parent of a child who is not residing with the child. For a child in foster care, "absent parent" also includes a biological parent, stepparent or adoptive parent who was present in the household when the child entered foster care. c. ARREARS: Unpaid child support for past months owed by a parent who is under court order to pay. d. ASSIGNMENT: Transfer of support rights e. COURT-ORDERED SUPPORT: Legal obligation of a non-custodial parent to pay a support amount for his or her child. f.

CURRENT SUPPORT: Payment collected, as determined by its date of collection, toward the obligation amount for that month.

g. CUSTODIAL PARENT: Person with whom a child lives; may be a parent, relative or guardian. h. FORMER CUSTODIAL PARENT (for foster care): The parent to whom a court order granted legal custody, including joint custody, of the child if such order was in effect when the child entered foster care or will be entering foster care, or, where no court order granting legal custody exists, the parent who had physical custody of the child immediately prior to the child's entering foster care. i.

NON-CUSTODIAL PARENT: Parent who does not live with a child, but is legally responsible for providing financial and medical support.

j.

NON-CUSTODIAL PARENT (for foster care): The parent who has had legal custody of the child transferred from him or her by court order prior to the child's entering foster care, or, where no court order granting legal custody exists, the parent who lived separate and apart from the child when the child entered foster care.

k. PATERNITY ESTABLISHMENT: Legal determination of fatherhood l.

TEMPORARY ASSISTANCE: Cash assistance programs including Family Assistance, Safety Net Assistance and Emergency Assistance to Needy Families with Children.

m. PUTATIVE FATHER: Man alleged to be the biological father of a child

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n. RESPONDENT: Person against whom a petition is filed 2. BACKGROUND – Title 6-A of Article 3 of the Social Services Law (SSL) requires applicants for and recipients of FA to assign their rights to support and directs TA eligibility staff to refer certain FA applicants and recipients to the Child Support Enforcement Unit (CSEU) for child support enforcement services, including paternity establishment. a. SSL Section 101establishes the legal responsibility for : (1) spouses to support spouses (2) parents and step-parents to support children under the age of 21 b. SSL 132-a and 352-a requires all TA applicants and recipients, including SNA to cooperate with local districts to establish the paternity of their children, and SSL 158 and 352 require their cooperation to obtain support. By cooperating with the child support enforcement process, TA applicants/recipients may benefit in several ways, including: (1) Legally establishing their children's paternity may enable their children to gain rights to medical insurance, life insurance and inheritance, and Social Security, Veterans or other government benefits; (2) Up to $50 per month of current support collected by the CSEU on behalf of their children will be paid to them; and (3) Support payments could help to eliminate their need for TA, supplement their earnings, and assist them to remain self-sufficient and enjoy a higher standard of living 3. CHILD SUPPORT COOPERATION (99-ADM-5) a. Federal and state laws and regulations require individuals who apply for TA on behalf of a minor child to cooperate with efforts to identify and locate the parent of the child, establish the paternity of a child born out-of-wedlock and obtain support payments and any other payments or property due the applicant/recipient and/or the child. b. In addition, state law requires a TA applicant or recipient who is pregnant with or is the mother of an out-of- wedlock child to cooperate with efforts to establish paternity and pursue support for that child. This requirement applies so long as the child lives with the applicant/recipient, regardless of whether the child is included in the application for assistance. By assisting the CSEU to establish paternity and obtain support for the non-TA child, the parent can help to provide a more secure future for the child. c. TA applicants must demonstrate prior to their eligibility determination , that they have met the child support cooperation criteria. New York State Office of Temporary & Disability Assistance

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d. TA recipients have an ongoing requirement to cooperate with establishing paternity and securing support. 4. REFERRING APPLICANTS AND RECIPIENTS TO THE CSEU a. TA must refer to the CSEU each TA applicant household (includes FA and SNA) which includes, and each recipient household which has gained, any of the following: (1) An under age 21 child or minor caretaker relative who has a continuously absent, living parent. (2) A minor child or minor caretaker relative whose paternity has not been legally established (i.e., adjudicated in court), including a minor whose putative father resides with the household. (3) A pregnant woman, unless she is married, living with her husband and at least 21 years old. Note: A putative father's written acknowledgment of paternity is sufficient to verify relationship for TA purposes, but the household must still be referred for paternity adjudication. (4) Certain child(ren) not in receipt of FA. See TASB Chapter 13, Section L. b. TA applicants or recipients must complete a LDSS-4882, B or C as per 12 ADM-03. c. TA must notify the Child Support Enforcement Unit (CSEU) of non-applying household members (such as step parents) whose needs and income are considered in determining the amount of assistance granted to the household, as well as that person's Social Security Number, when it is known. d. To differentiate between a referral of a non-applying household member and an absent parent referral, local districts may use a general referral form or a local equivalent for this notification instead of the LDSS-4882, “Information about Child Support Services and Application/Referral for Child Support Services” form. 5. ASSIGNMENT OF RIGHTS a. By signing the application (LDSS-2921) and recertification (LDSS-3174) forms, TA applicants/recipients assign to the local district and the Office, their rights to all court-ordered and other support paid and payable on behalf of themselves and all children for whom they apply. Upon assignment, the CSEU takes necessary action to redirect support payments to the Office by changing the beneficiary of an order already payable through the Support Collection Unit (SCU), or modifying the order to be made payable the SCU based on the assignment. b. By signing the application (LDSS-2921) and recertification (LDSS-3174) forms, TA applicants/recipients assign to the local district and the Office any rights to payment New York State Office of Temporary & Disability Assistance

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for medical care from a third party, and rights to support specified by a court or administrative order to be used for medical care. 6. COOPERATION STANDARD – Cooperation includes the following actions that a TA applicant or recipient must take: a. Complete the LDSS-4882. All of the following information is required: (1) Name of the absent parent or putative father (2) Social security number of the absent parent or putative father (3) Date of birth of the absent parent or putative father (4) Telephone number of the absent parent or putative father (5) Address of the absent parent or putative father (6) Employer name and address of the absent parent/putative father (7) Other information (e.g., name and address of relatives, friends) which can lead to the identity and location of the absent parent/putative father b. If any required information listed in “a” above is not entered on the LDSS-4882, the TA applicant/recipient must complete a LDSS-4281: “ Attestation to Lack of Information”; c. Assign rights to cash support to the local district; d. Assign rights to medical support(s) to the local district; e. Cooperate to establish paternity; f.

Provide verifiable information sufficient to identify and locate the absent parent or putative father including: (1) The full name and social security number of the absent parent or putative father; or (2) The full name of the absent parent or putative father and at least two of the following concerning such parent or father: (a) date of birth; (b) residential and, if different, mailing address; (c) telephone number; and (d) name and address of employer; or

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(3) The full name and any additional information equivalent to the information required by ‘6. f.’ above, that leads to establishment of the absent parent's or putative father's identity and location; or (4) Attest, under penalty of perjury, to the lack of information, by completing and signing the LDSS- 4281 "Attestation to Lack of Information". g. Appear at court or other hearings as necessary to achieve the objectives of establishing paternity or securing support; h. Cooperate to establish, modify and enforce cash support orders; i.

Cooperate to establish, modify, and enforce medical support orders;

j.

Submit self and child to genetic testing if required by judicial order or adminstrative direction;

k. Pay assigned medical support to the SCU that are received directly by the TA household; l.

Pay to the SCU any payments received directly from the absent parent which are covered by the support assignment if the SCU has the ability to accept and record the payment. If the SCU does not have the ability to accept and record the assigned payment received directly by the TA recipient then the assigned child support received directly from the absent parent to the TA recipient must be budgeted as unearned income “06 – Child Support Payments”. Once the SCU begins to receive the assigned support directly on behalf of the recipient , the local district must immediately change the unearned income source code “06 – Child Support Payments” to unearned income source code “13 – Child/spousal Support Assigned to Agency”.

m. Appear at the local CSEU, as required by the CSEU to be interviewed and cooperate with the CSEU prior to the TA eligibility determination unless good cause not to cooperate exists. 7. OPPORTUNITY TO CLAIM GOOD CAUSE a. Applicants and recipients must be informed of their responsibility to cooperate with the paternity establishment and support enforcement process, and of their right to claim Good Cause for refusing to cooperate. b. While the validity of a Good Cause claim is pending final determination, the applicant/recipient who claims Good Cause is excused from cooperating with the CSEU. c. Good Cause can be claimed at any time during the TA/CSEU process. For example: A recipient may claim Good Cause due to recent potentially harmful events or circumstances which did not exist when the individual was initially referred to the CSEU. New York State Office of Temporary & Disability Assistance

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8. TEMPORARY ASSISTANCE CLIENT RESPONSIBILITIES a. Cooperate in good faith with the State and the social services district to: (1) establish the paternity of a child born out of wedlock, (2) locate any absent parent or putative father, and (3) establish, modify and enforce support orders. b. The term "cooperation", as defined in Section 6 above, includes appearing at the local CSEU, as required by the CSEU, to be interviewed and cooperate with the CSEU prior to the TA eligibility determination. Most, but not all, applicants will be required to participate in person in a CSEU intake interview. c. Examples of situations which may not require a face-to-face CSEU interview include the case of an applicant who already has an active (non-TA) CSEU cases or an applicant whom the CSEU can interview by telephone in accordance with district procedures. d. Applicants for whom the TA face-to-face eligibility requirement is waived will be subject to alternative arrangements for their CSEU interview as well. e. Cooperation with the CSEU is required as long as the family receives TA. 9. TA WORKER RESPONSIBILITIES – TA worker must complete all of the following: a. Inform TA applicants and recipients of their rights, responsibilities and benefits of their cooperation with the child support enforcement process by providing the TA applicant/recipient with the LDSS- 4148B “What You Should Know About Social Services Programs”, and the LDSS-4279 “Notice of Rights and Responsibilities for Support” b. The LDSS-4279 “Notice of Rights and Responsibilities for Support” must be given at: (1) Application (2) When there is a need for a new referral to child support, such as, a parent left the household, pregnancy verified, child joins the household. (3) Whenever an individual wants to claim good cause. (4) At recertification if there is a change in household composition (see b (2) above), or a recipient wants to claim good cause or no longer wants to claim good cause. c. The TA worker must ask the client to to indicate on the the LDSS-4279 “Notice of Rights and Responsibilities for Support” form, if he/she does, or does not, claim good cause. The TA client must sign and date the form. A copy of the form must be

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given to the TA applicant/recipient and a copy must be maintained in the case record. d. Provide domestic violence notification and conduct screening of all A/Rs. Refer selfidentified victims of domestic violence to the district's domestic violence liaison, as described in 98 ADM-3.Errata, 98 ADM-3. e. Determine whether an A/R who claims to have good cause for refusing to cooperate actually does have good cause. f.

Refer applicants to the CSEU prior to their TA eligibility interview. If this is not logistically possible in a district, then refer applicants to the CSEU as soon as practicable after their eligibility interview but prior to the eligibility determination, to afford them the opportunity to comply with CSEU requirements prior to their TA eligibility determination.

g. Provide the LDSS-4882 “Information about Child Support Services and Application/Referral for Child Support Services” form to applicants who are required to appear in the CSEU and inform them that they must bring the completed LDSS4882 to their CSEU interview. h. Safety Net Assistance (SNA) category cases also must bring to the CSEU a completed LDSS-4882 form.The TA worker must sign the LDSS-4882 on behalf of the SNA client because the A/R has assigned support rights to the district. i.

Obtain necessary documentation from applicants and recipients which they have not already provided in their CSEU intake interview and, according to local district procedures, forward or make documentation available to the CSEU.

j.

When notified by the CSEU that an A/R has failed to cooperate, impose appropriate sanction, as described in section 12 below.

k. Take appropriate action in TA cases reported in the IV-D/IV-A Interface Report and in LDSS-2859 “Information Transmittal” referrals from the CSEU. The weekly IVD/IV-A Interface Report provides information to TA workers about status changes in child support cases, including location of absent parents, paternity establishment, support order actions and third party health insurance coverage. l.

Respond to CSEU requests for TA eligibility and payment information, including TA payment history necessary for the CSEU to update total unreimbursed TA amounts.

m. Use support collection information and reports to redetermine recipients continued eligibility for TA. n. Ask recipients for new and changed information about absent parents and putative fathers and forward all such information, via the LDSS-2859 “Information Transmittal” form to the CSEU. o. Resolve child support pass-through mass rebudgeting/ authorization (IV-D MRB/A) WMS "exceptions" and manually authorize pass-through payments, when New York State Office of Temporary & Disability Assistance

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necessary. Resolution of pass- through payments must be completed by the 20th calendar day of each month. p. Resolve client(s) pass-through questions and complaints if possible. q. Inform A/Rs of the pass-through desk review procedures. r.

When recouping or recovering TA overpayment amounts, do not include amounts of TA already reimbursed by support collected on behalf of the family. Example #1: Dave Davis and his daughter, Maeve, received $500 TA in November. During November, $350 current support was collected for the Davises. In January, the TA worker learns that Mr. Davis also received, but failed to report, $100 unemployment benefits (UIB) in November. The worker uses the UIB and support amounts to determine that the Davises were still eligible for TA in November, but should have received $400 TA, a $100 overpayment for November. The worker also determines that the $350 support was applied toward reimbursement of the $400 TA the Davis should have received. The $100 TA overpayment is unreimbursed and recoverable. Example #2: The same Davis family received $500 TA again in December, but failed to report that they also received $300 UIB that month. During December, $350 current support was collected for the Davises. The worker used the UIB and support amounts to determine that the Davises are no longer eligible for TA. The TA worker also determines that, of the $500 TA overpayment for December, $150 is unreimbursed and recoverable. The remaining $350 of the TA for the month is already reimbursed by support collections and is not subject to recovery from Mr. Davis.

10. CHILD SUPPORT WORKER RESPONSIBILITIES – Child Support workers must complete all of the following: a. Review the CSMS for any information about the applicant/recipient and the absent parent/putative father. b. Affirm that the LDSS-4882 and supporting documentation is complete and determine if the information is sufficient to identify and locate the absent parent/ putative father. At a minimum, the information must include: the absent parent/ putative father's name and social security number or name and at least two of the following; date of birth, mailing and if different, residential address, telephone number, name and address of employer or other information which can lead to the identity and location of the absent parent/putative father. c. Interview the A/R for information if the data obtained pursuant to a and b above, is insufficient to identify and locate the absent parent/putative father. d. Determine A/R cooperation, ensure that the LDSS-4882 has been completed, and provide notice of cooperation/non-cooperation to the A/R and to TA, as appropriate, New York State Office of Temporary & Disability Assistance

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via the LDSS-2859 form. Note: such notification of cooperation determination must be made promptly to ensure that TA is aware of the cooperation determination prior to an applicant's eligibility interview. In districts which refer applicants to the CSEU after the eligibility interview, the CSEU must provide cooperation notification prior to the eligibility determination. e. If, after the CSEU investigative interview, an A/R disavows knowledge of information necessary to identify and locate the absent parent/putative father, explain the attestation form and penalties for concealing facts about the absent parent/putative father. Require the A/R to complete the LDSS- 4281,”Attestation to Lack of Information” and provide a copy to the A/R. f.

Review the CSMS Daily Interface Report for TA case openings and review the CSMS Daily Interface Report for IV-E FC, Non-IV-E FC and Medicaid case openings.

g. Review the IVDRSP for completeness. h. Build the CSMS case and initiate next appropriate action. i.

Supplement the weekly IV-D/IV-A Interface Report with LDSS-2859 referrals as needed.

j.

Review client cooperation periodically and at the request of TA staff, and notify the appropriate staff of recipient's cooperation/non-cooperation.

k. When a TA A/R indicates the presence of domestic violence, refer the individual to the district's domestic violence liaison for screening and assessment and, as described in 98 ADM-3 Errata, 98 ADM-3, cease location, paternity establishment and support enforcement activities while the A/R undergoes screening and assessment. l.

Refer to TA any A/R who claims good cause for refusing to cooperate. Refer to TA any case where the CSEU is aware of circumstances which could jeopardize the health, safety or welfare of the family if the CSEU were to proceed, and suspend activities on that case.

m. On a case for which good cause has been claimed, take no further action to establish paternity or establish, modify or enforce child support until notified by TA that child support activities may continue. n. Review and comment as appropriate on good cause findings made by TA. o. In a case where TA has determined that child support enforcement actions may not continue, cease all paternity and support activities. p. Provide any A/R with an opportunity to cooperate at any time upon contact by such A/R or the TA program.

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q. After the CSEU makes a determination of non-cooperation, if the A/R cooperates, the CSEU must promptly notify TA. r.

CSEU staff must review and resolve IV-D exceptions in the monthly IV-D MRB/A, indicating the amounts of pass-through payments due, for referral to TA. CSEU must respond to and, to the extent possible, resolve TA workers' pass-through inquiries concerning dates and amounts of support collections. When a recipient or former recipient disagrees with the CSEU/SCU's support collection records on which pass-through payment amounts are based, the individual must be referred to the desk review process. The form for requesting a desk review may be obtained at the local district Support Collection Enforcement Unit or by referring the client to the Child Support Helpline at 1-888-208-4485.

11. EXCEPTIONS TO COOPERATION REQUIREMENTS a. The establishment of paternity and a support order are not required when the child has been surrendered for adoption or, for a period of up to ninety days after the child's birth, when the application is being assisted by a public or licensed private social services agency to decide whether to surrender the child for adoption. b. When a petition for the establishment of paternity has been filed but the putative father denies paternity, state law requires that further paternity proceedings be deferred until sixty days after the child's birth. For TA, this deferral applies only to paternity proceedings for the newborn child. Paternity and support proceedings for the applicant/recipient and other children in the TA household are not deferred. Note: The TA worker must refer a TA applicant/recipient to the CSEU, with a LDSS-4882, immediately upon learning that she is pregnant or has a newborn child and paternity and/or support establishment services will be required. The CSEU should initiate paternity and/or support proceedings, and the applicant/recipient should be encouraged to participate early in efforts to locate the putative father and to establish paternity and a support order. Where a proceeding to establish paternity has been filed, however, and the allegation of paternity has been denied by the respondent, the district must stay all paternity proceedings until 60 days after the birth of the child. A/Rs must be informed that TA will not be denied or reduced during the stay on the basis of her refusal to cooperate with child support activities with respect to the unborn child. If she fails to cooperate, a sanction cannot be imposed until after the child has been born and, if appropriate, added to the TA grant. Her MA eligibility must be continued for 60 days after the birth of the child. c. The applicant is excused from cooperating with efforts to establish paternity and secure support if such cooperation would be against the best interests of the child; i.e., "good cause" exists for refusing to cooperate. However, the local district may proceed without the applicant's cooperation if it has determined that its actions would New York State Office of Temporary & Disability Assistance

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not risk harm to the applicant or child. Good cause determinations are addressed in Section 13 below. d. The CSEU will not pursue paternity establishment or support enforcement in the case of a TA individual who has been granted a waiver of child support requirements on the basis of domestic violence, unless the domestic violence liaison has determined that the CSEU may proceed without risk to the victim or the victim's family. Refer to 98 ADM-3 Errata, 98 ADM-3 for more information concerning domestic violence policy and procedures. 12. REFUSAL OR FAILURE TO COOPERATE a. PENALTY FOR NON-COOPERATION (1) Failure of a TA A/R to cooperate to establish paternity or secure support on behalf of a household member results in a penalty equal to a 25 percent reduction in the household's TA standard of need for each non-cooperating individual. The non-cooperating individuals are included in the household member count and all of their non-exempt income continues to be applied in calculations of the household's TA eligibility and benefit amount as appropriate. (2) In the case of an individual who applies for or receives TA on behalf of a child but is not included in the grant; e.g, a person in receipt of SSI or sanctioned for an Intentional Program Violation, the individual's failure to comply with child support requirements results in the 25 percent reduction in the household's TA standard of need. b. SANCTION NOTIFICATION (1) For a TA applicant who is sanctioned at case opening, use Individual Reason Code V30 “Failure to comply with IV-D Support Requirements” to identify a noncompliant individual and to produce the correct acceptance (or denial) notice which explains why the standard of need, on which the family’s eligibility was determined, was reduced. The specific reason for the sanction must be given. The reason should be stated as explicitly as possible; e.g., "You refused to cooperate in obtaining child support. You refused to attend a November 2, 2006 meeting with a child support enforcement worker. You were told about that meeting in advance". In addition, the notice must state that the sanction will be lifted if the individual will comply by completing the action(s) required by the Child Support Enforcement Unit. (2) The TA notice also must indicate the MA acceptance for those individuals opened on TA and the MA denial, if appropriate, and reason for denial of the sanctioned individual. (3) For a TA recipient whom the TA worker proposes to sanction, timely and adequate notice must be provided. Use TA Individual Reason Code V30 “Failure to Comply with IV-D Support Requirements” to identify a IV-D non-compliant individual and to produce the correct CNS notice. The specific reasons must be included. New York State Office of Temporary & Disability Assistance

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c. TERMINATING A NON-COOPERATION SANCTION Non-cooperation sanction durations are open-ended, i.e., until compliance. A sanctioned individual who indicates a willingness to cooperate must be informed by TA of the specific action(s) that must be taken to have assistance provided or reinstated. When the individual cooperates, the sanction must be ended. For example, a recipient who was sanctioned for refusing to testify in court, but who now agrees to testify, will not have assistance reinstated only upon so agreeing. The sanction must be continued until the individual actually testifies. 13. DETERMINING GOOD CAUSE a. DEFINITION OF GOOD CAUSE – A TA parent, caretaker relative, applicant or recipient may refuse, without penalty, to cooperate with paternity establishment and child support enforcement requirements when such cooperation would be against the best interests of the child. Following are the only circumstances under which "good cause" for non-cooperation may be found to exist: (1) Cooperation is expected to result in physical or emotional harm of a serious nature to the child for whom support is sought; (2) Cooperation is expected to result in physical or emotional harm of a serious nature to the parent/caretaker relative/grantee, sufficient to impair the caretaker's ability to care for the child; (3) The child was conceived as a result of incest or rape, and establishing paternity or seeking support would be detrimental to the child; (4) Adoption of the child is pending before a court, or the caretaker is receiving preadoption counseling services (for up to three months after the child's birth). b. Special considerations apply with respect to a good cause claim based on emotional harm. In order for TA to find good cause for refusal to cooperate due to the expectation of emotional harm, the applicant/recipient must demonstrate that the emotional harm would have a substantial effect on the individual's ability to function. When evaluating emotional harm good cause claims, TA workers must consider: (1) The present emotional state of the individual subject to emotional harm; (2) The individual's emotional health history; (3) Intensity and probable duration of the emotional impairment; (4) The extent of cooperation with the child support enforcement process which would be required; and (5) With respect to emotional harm to the child, the extent to which the child would be involved in the paternity establishment and support enforcement activities.

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c. PROCEDURES FOR DETERMINING GOOD CAUSE - An applicant/recipient (A/R) must be provided with the LDSS-4279 - “Notice of Responsibilities and Rights for Support” and the A/R must indiciate on the form if they do, or do not, claim good cause. When the A/R claims good cause the good cause claimant has the burden of proving that good cause exists, by specifying the circumstances which the claimant believes constitute good cause, providing corroborative evidence, and cooperating with TA's investigation of the claim. d. TA must determine whether good cause exists based on the claimant's evidence, its own investigation, if needed, and recommendations from the CSEU. For TA A/Rs, the TA worker’s good cause determination will apply to the individual’s Medicaid and Child Care eligibility. Specific steps of the good cause determination process are: (1) TA must notify the CSEU that an applicant has claimed good cause at the same time that TA refers the case to CSEU. An applicant who claims good cause is not referred in person to the CSEU while the good cause determination is pending. (2) TA must report an applicant or recipient's good cause claim to the CSEU within two days of the claim. TA may notify CSEU of good cause claims by completing the good cause information in Section II of the LDSS-2859 - “Information Transmittal” referral form. (3) The good cause claimant has 20 days from the day the LDSS-4279 is signed in which to provide corroborative evidence. The TA worker must, upon supervisory approval, allow a reasonable additional period of time if the worker determines it to be necessary because the evidence is difficult to obtain. (4) Good cause may be corroborated with the following types of evidence: (a) A birth certificate or medical or law enforcement record indicating that the child was conceived as the result of incest or forcible rape; (b) Court or other documents indicating that legal adoption proceedings are pending; (c) A written statement from a public or licensed private social agency that it is assisting the parent to decide whether to release the child for adoption; (d) Court, medical, criminal, law enforcement, child protective services, social services or psychological records indicating that the putative father or absent parent might inflict physical or emotional harm on the child or the caretaker; (e) Medical records indicating the child's or caretaker's emotional health history and present state, or written statements from a mental health professional licensed to practice in New York State indicating a diagnosis or prognosis of the child's or caretaker's emotional health; and/or (f) Sworn statements from individuals (other than the claimant) with knowledge of the good cause circumstances. A "sworn" statement is signed before, and New York State Office of Temporary & Disability Assistance

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witnessed and signed by, a person who is empowered to administer an oath to the testifier. Persons authorized to administer oaths include notaries public, commissioners of deeds, judges, town justices and justices of the peace. (5) TA must examine the evidence submitted by the claimant and, if additional evidence is needed to make a good cause determination, promptly notify the claimant of what specific type of evidence is needed. (6) If requested, TA must advise the claimant how to obtain needed documents, and attempt to obtain any documents which the claimant is not reasonably able to obtain without assistance. (7) When no corroborative evidence is submitted or available, but the claim is based on anticipated physical harm, TA must investigate the claim if TA believes that, even without corroboration, the claim is credible. (8) TA may further investigate and verify any good cause claim when the claimant's statement and evidence are insufficient to make a determination, (i.e., the local district is not satisfied that it has adequate information to decide whether or not good cause exists). (9) If TA conducts an investigation it will, if necessary to its determination and approved by a supervisor, contact the putative father or absent parent. Before contacting the putative father/absent parent, TA should consider whether the necessary information could be obtained from another source, and whether the absent parent is likely to be the most appropriate and objective source. Also, before making such contact, TA must notify and give the claimant the opportunity to: (a) Submit additional evidence or information to make contact with the putative/ absent parent unnecessary; (b) withdraw the application for assistance or request that the case be closed; or (c) have the good cause claim denied. For example: If a claimant alleges that an absent father has threatened to physically harm her, it is not reasonable to expect the absent father to corroborate her claim. (10) Prior to making a determination, TA must afford the CSEU an opportunity to review and comment on the findings and proposed determination. Districts must take into consideration recommendations, if any, from the CSEU. If a written referral is necessary, TA may use the LDSS-2859 referral form. (11) Pending determination, the CSEU must suspend all paternity establishment and support enforcement activities (including the intake interview of an applicant) for

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the children to whom the good cause claim pertains. However, child support services for the caretaker's other children should not be suspended. (12) The CSEU must update the CSMS IVDJSI screen to reflect that good cause has been claimed by entering the appropriate status code, (e.g., G001, G002, etc). The CSEU must update the IVDJSI screen whenever the status of a good cause claim changes. (13) TA cannot delay, deny, reduce or discontinue assistance pending a determination of good cause for refusal to cooperate, as long as the claimant is complying by furnishing corroborative evidence and information needed for investigation of the claim. (14) TA's final determination must be made within 30 days after the claimant signs the DSS-4279, unless the claimant was allowed additional time to provide verification. If additional time was allowed, the final determination must be made within 10 days following the extended due date. (15) The TA worker's final determination of whether good cause exists and the basis for the determination must be approved or disapproved by a supervisor, documented in the TA case record, and reported to the CSEU within two business days of supervisory approval. The LDSS-2859 may be used to make the report to the CSEU. (16) TA's final determination will be one of the following: (a) Good cause for refusal to cooperate exists and the CSEU cannot pursue paternity establishment or child support. When the basis for good cause is potential physical harm, the determination will be that the CSEU may not pursue paternity or support. (b) Good cause for refusal to cooperate exists but CSEU's efforts to establish paternity and secure support without the individual's participation will not pose risk to the child or caretaker; or (c) Good cause does not exist. (17) TA must provide the claimant with written notification of the final determination and the basis for the finding. The notice also must inform the individual that: (a) If TA excuses cooperation, but determines that CSEU activities may proceed, the individual may choose to withdraw the application or request to have the TA case closed. (b) If TA determines that good cause for refusal to cooperate does not exist, the individual may cooperate, withdraw the application, or request to have the TA case closed; but continued refusal to cooperate will result in a sanction.

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(c) If the individual does not respond or cooperate within five business days, TA must provide notice of intent to impose a sanction as specified in section 11 above. (18) The local district's fair hearing officer must notify TA and CSEU of, and give both the opportunity to participate in, any hearing on an individual's appeal of TA's good cause determination and/or non- cooperation sanction. A recipient's timely request for aid-to-continue pending a fair hearing decision requires the district to stay the proposed action; pending an appeal of a good cause decision, the CSEU must suspend all paternity and support actions. (19) TA must review at each recertification each case in which good cause has been determined based on circumstances subject to change. For example: A good cause claim which was based on potential emotional harm to the caretaker and on caretaker's emotional state six months ago should be re-evaluated at recertification. Workers may use Anticipated Future Action Code 328: “Follow-up on Referral (Other)" as a reminder to review good cause determinations. TA workers must afford the CSEU with an opportunity to review and comment on a proposed redetermination of good cause, and must notify the CSEU within two business days of any change in a good cause decision. (20) Good Cause Record Keeping - TA must retain records and submit quarterly reports to the Office of all applicants and recipients who claim good cause and all determinations made. Instructions for completing the required report form (LDSS-3343 - “Quarterly Roster of Good Cause Claims”) are contained in 99 ADM-5. 14. TA’s ON-GOING RESPONSIBILITIES a. SUPPORT INCOME – Upon assignment, the CSEU takes necessary action to redirect support payments to the LDSS by changing the beneficiary of an order already payable through the Support Collection Unit (SCU), or by modifying the order to be made payable to the SCU based upon the assignment. Subsequent to signing the TA application, any support payments received directly on behalf of an individual applying for or receiving TA must be remitted to the SCU ( if the SCY has the ability to accept and account for the payment) . The address of the local district's SCU must be prominently posted in all TA and CSEU client reception and waiting areas. b. Assigned support is not applied to reduce the TA grant. However, assigned support is counted in the gross and net income eligibility tests (first $100 or $200 per month of total current support amount is disregarded as applicable). ABEL budgeting instructions and information on the IV-D Indicator are provided below. c. Assigned support which is received directly and retained by an TA recipient must be recouped as an overpayment. The overpayment amount is equal to the total amount of support payments retained, minus $100 or $200 per month of current support received by the household as applicable. New York State Office of Temporary & Disability Assistance

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d. In order to be characterized as current child support and thereby qualify for the $100 or $200 per month disregard as applicable, the money which was received by the household must be payments made pursuant to a court order or voluntary agreement for support which are paid through a child support collection unit (SCU) with verifiable dates of collection. e. SNA cases – TA’s ongoing responsibilites found in this section also apply to SNA case. See TASB Chapter 10, Section B. f.

Support sources which cannot be paid directly to the SCU: (1) Military dependents' allotments which are paid voluntarily by a serviceperson to dependents generally are not payable to the SCU. If the serviceperson is not a member of the TA household which receives the allotment, the allotment is budgeted as support income. ABEL instructions for budgeting unassigned support and disregarding $100 or $200 per month as applicable are provided below. Court-ordered military allotments may be paid to the SCU and treated as assigned support. ABEL budgeting instructions are provided below. (2) If there is no support order, just a voluntary agreement between the parties, or, the payee, the child support order must be established before the SCEU can collect the support payment. (3) Spousal support or alimony is payable to the SCU only when an order for child support is also assigned. Spousal support payments which are received directly by a TA household must be budgeted as described below. For Example: Patricia Booth applies for TA for herself, her four-year-old daughter, Linda, and Linda's adjudicated father, Bill Walters. Patricia receives $40 per week alimony from her ex-husband. Patricia, Linda and Bill are determined eligible for FA. Patricia and Bill are both over 21 years of age. Patricia is not referred to the CSEU because her household does not include a minor who has an absent parent or whose paternity has not been established. Also, because no child support payments are assigned, the alimony cannot be collected directly by the SCU. Patricia's $40 weekly income from alimony is budgeted against her needs.

g. USE OF SUPPORT AMOUNTS IN DETERMINATIONS OF INITIAL AND ONGOING TA ELIGIBILITY (1) Only current support is considered in TA eligibility determinations. Current support is the amount collected, as determined by its date of collection, which represents payment toward the obligor's court-ordered or voluntary current support obligation for that month. Support collections in excess of a month's obligation amount, e.g., payments on past-due obligation amounts for previous months, are not used in eligibility determinations. For example: In a case where the court order for current support is $100 per month, and $125 is collected, only the $100 current support is used in the TA New York State Office of Temporary & Disability Assistance

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eligibility calculation. The additional $25 collection is applied to the past-due support ledger. (2) For the initial assistance month only, current support actually received by a TA household in the month of eligibility determination but prior to the date of eligibility determination, i.e., direct support, is counted as income. This calculation is accomplished in Upstate ABEL by entering the amount of current support received prior to the eligibility date as Other/Unearned Income Source Code "02 - Alimony/Spousal Support (Non-Arrears)" or "06 - Child Support Payments", as appropriate. Assigned current support which is due after the eligibility determination date in the initial month is entered as source code "13 Alimony/ Spousal/Child Support Assigned to Agency" ABEL will: (a) Disregard the first $100 or $200 per month of current support as applicable. (b) Apply the remaining direct support and assigned support in the gross income test. If ineligible, the application for TA should be denied, and separate determinations of eligibility for supplemental nutrition assistance program and medical assistance must be made. If eligible, ABEL will apply the countable direct support to reduce the TA deficit amount for the initial month. Note: There are circumstrances under which the Support Collection Unit (SCU) cannot accept and account for the support that is received directly by a family. When the support recipient has attempted to turn over the assigned support , but the SCU is unable to accept or account for it, the support must be budgeted against the TA needs until such time as the SCU can accept and account for the support collections. The $100 or $200 disregard must be given as applicable. (3) Except as noted in (b) above, beginning with the first full month for which the household receives TA, the TA worker must calculate and authorize a new ABEL budget with the amount of the current support obligation entered as assigned support: Upstate source code "13". A copy of the TA budget results screen must be provided to the recipient whenever an ABEL budget is recalculated and a notice is sent to the recipient. (4) In a TA case which includes an essential person (EP), the TA worker must ensure that support collected on behalf of the TA household members is not applied to the needs of the EP. Conversely, support which is collected on behalf of an EP must not be applied against the needs of the TA household members. This means that if the support collected is sufficient to meet the needs of the TA household on whose behalf support is collected, and the support will continue at that rate, the TA household must be closed. Change income source “13” to “06” to produce the correct excess income budget. This is done after the EP is removed from the FA case and opened on a SNA case. New York State Office of Temporary & Disability Assistance

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If the support is collected on behalf of the EP, and is sufficient to meet the EP’s needs, the EP must be removed from the FA case, and the EP’s case closed due to excess income after appropriate, timely, and adequate notice is provided. (5) Subsequent to eligibility determination, any assigned support payments which the district verifies were received and retained by a TA recipient must be recouped (after disregarding the first $100 or $200 per month of current support as applicable) using Recoupment Type Code "5 - IV-D Payment". In order to be characterized as current child support and thereby qualify for the $100 or $200 per month disregard as applicable, support which was received by the household but not reported, must be payments made pursuant to a court order or voluntary agreement for support which are paid through a support collection unit (SCU) with verifiable dates of collection. (6) A TA recipient who fails to cooperate with support enforcement, as evidenced by his or her continued acceptance and retention of assigned support payments, is subject to sanction until compliance. (7) For a TA household which is owed and receiving alimony/spousal support only, the support (current and arrears), will count as income. In this instance, the amount of current support actually received is entered in the ABEL budget as code "02 Alimony/ Child Support". The amount of payments on support arrears is entered in the ABEL budget as code "17 – Alimony/Spousal Support (Arrears)". h. MONITORING RECIPIENTS' CONTINUED ELIGIBILITY TO RECEIVE TA VIA CSMS 8649 REPORT (1) TA workers must redetermine the ongoing TA financial eligibility of each household which is identified, in the following reports, as potentially ineligible due to assigned support amounts: (a) ABEL budgets which include support amounts and generate a TA "Surplus" message, or a "Warning" message; or which include a monthly amount of assigned support which exceeds the TA deficit amount by at least $100 or $200 as applicable. (b) Cases appearing in the monthly IV-D MRB/A (child support pass-through mass rebudgeting/authorization) "eligibles" and "exceptions" lists with a "TA WARNING" message, for which total current support collected from all respondents associated with the case in the previous month exceeds the TA deficit in the ABEL budget which is stored as of the date of the IV-D MRB/A. (c) Cases included in the monthly CSMS 8649 Report: "Obligation and Collections Greater Than Assistance Granted". The CSMS 8649 report has been revised to identify only those TA cases for which the sum of all current support obligations and collections (minus tax offset amounts) for the month exceed the TA grant amount plus the support disregard amount. Section "A-1" of the CSMS 8649 Report is based on a four-weeks-per-month factor, New York State Office of Temporary & Disability Assistance

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and Section "A-2" is based on multiplying weekly support amounts by five and biweekly amounts by three. (d) On both sections of the CSMS 8649 Report compare support amounts to both the TA deficit, for TA eligibility determinations; and to the TA deficit minus any recoupment amount, for excess support calculations. (e) The CSMS 8649 Report is based on the ABEL budget which is stored/ authorized as of the date of the report pulldown, and is available by the first Friday of every month. Upstate districts' BICS operators must print the monthly CSMS 8649 for immediate distribution to TA workers. (2) For each case identified in the above reports, TA workers must review the household's continued financial eligibility to receive TA, as follows: (a) Obtain from the district's support collection unit (SCU), for each support obligor associated with the TA case, the obligation amount and frequency for current support for the month in question, the amount of support collected from each of the obligors for the month and whether support continues to be collected. For cases listed in the CSMS 8649 report, the SCU will provide their information when the CSMS 8649 is processed. (b) Recalculate the household's TA eligibility for the month in question, by entering the support collections up to the obligation amounts for each of the support obligations, in an ABEL budget using code "02" or "06" Upstate. (c) Although the 8649 report is based on four- and five-week months, TA workers must use support amounts and frequencies as specified by the court orders and reported by the SCU; ABEL will convert weekly and biweekly amounts to monthly amounts using a 4 + 1/3-weeks-per-month conversion factor. (d) If the ABEL TA budget calculation results in a deficit, the household was eligible for the month and the test budget is not stored in ABEL. Check the current stored ABEL budget to ensure that the correct support obligation amounts are included as code "13". If the support obligation amounts have changed, send a copy of the new ABEL budget to the recipient with the appriopriate notice. (e) If the ABEL TA budget calculation using actual collection amounts with code "02"/"06" generates a "Surplus" message, the household was ineligible in the collection month. If the SCU has advised that support continues to be collected in the current month, the household continues to be ineligible for the second consecutive month and is reasonably assured of a stable income source for future months. (f) For cases with continued ineligibility based on support collections, store the "Surplus" ABEL budget, send timely notice of intent to discontinue TA and initiate TA case closing action. The TA worker must take care to use closing reason code "E32: Excess Income - Support" in order to generate an New York State Office of Temporary & Disability Assistance

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automated client notice (in districts that are using CNS for PA closings and denials) and medical assistance (MA) extension. Note: These reports must be reviewed and appropriate action taken when received. Failure to do so will result in recipients not receiving money they are entitled to receive, lead to time consuming desk reviews, and possibly cases remaining open on TA when they should be closed for excess income. For Example: Rose Fleur receives TA for herself and her daughters Iris and Myrtle. Ms. Fleur's TA case is listed in Section A-2 of the CSMS 8649 report for July. The TA worker receives the report on August 5 and contacts the SCU worker for support obligation and collection information. The SCU informs TA that Iris' father is court-ordered to pay $20 per week for current support and had made five payments in July. Myrtle's father made three payments of $50 each toward his $50 biweekly obligation for July's support. The TA worker recalculates the July TA budget by entering the support collections as code "06”, in the amounts of $20 weekly and $50 biweekly. ABEL converts the collections to monthly amounts based on 4-1/3 weeks per month and calculates eligibility/deficit or ineligibility/surplus. i.

CALCULATING, ISSUING AND BUDGETING EXCESS SUPPORT PAYMENTS (1) Each month, after the disregard and pass-through of the first $100 or $200 per month of court-ordered current support as applicable, the remaining current support is applied toward reimbursement of assistance granted to the TA household on whose behalf the support is collected. If the amount of current support which is collected in a month, up to the court-ordered obligation amount, exceeds the disregard plus the TA payment for that month, the excess current support must be paid to the TA household. Instances in which excess current support payments must be issued are rare, but could occur in the following circumstances: (a) The household is ineligible for TA but the case has not yet been closed. A household which is receiving aid-continuing pending a fair hearing on any issue, however, is not entitled to receive their excess support payments until after a hearing determination is made. (b) The household was ineligible for TA in the collection month but, due to changed circumstances, the household is again eligible and the case remains open. (c) The household is eligible, based on 4-1/3 weeks per month, but current support collected in a five-week month exceeds the amount of the passthrough and the TA grant.

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(d) The household is eligible but, due to subtraction of a recoupment amount, the TA grant is less than the current support collected (minus the passthrough). (2) The CSMS 8649 report, "Obligation and Collections Greater Than Assistance Granted", assists in identifying cases which potentially are owed excess current support. The CSMS 8649 must be printed by Upstate districts' BICS operators by the first Friday of each month and immediately distributed to TA. TA must annotate Sections "A-1" and "A-2" of the CSMS 8649 with the actual amount of TA paid to each listed case during the collection month to which the report applies, and provide the annotated report to the SCU within three days, but no later than the 10th day of the month. Include the following: (a) Direct assistance payment amounts issued in the calendar month (Upstate BICS LCRDP2 or NYC Benefit Issuance - TA), i.e., grant amounts after subtraction of recoupments. Include benefits which were available to the recipient, regardless of whether the benefits were redeemed and regardless of the period covered by the payments. (b) Indirect assistance payment issued (BICS LCRIP3/Benefit Issuance – TA), regardless of the period covered by the payments. (3) The SCU must calculate the amount of excess support, if any, which is owed to the TA households listed in the annotated 8649, write in the amounts and return the CSMS 8649 to TA. The SCU must return the 8649 to TA by the 12th day of the month, annotated with the following information: (a) For each case, the amount and frequency of the obligation for current support (e.g., "$30 per week") and whether support continues to be collected. TA will use this information to evaluate continued TA eligibility; and (b) for cases with excess support, the amount of excess current support and excess support arrears, if any, to be paid. (4) TA must issue the excess current support and excess support arrears payments in the amounts indicated in the annotated CSMS 8649. TA’s authorization of the payments must be completed in WMS by the 15th day of the month. The following codes will be used: Upstate WMS TA payment type "D3 - Excess Current Support", Special Claiming Category Code "N - Non-reimbursable" is required. If the TA case has already been closed, TA workers should issue the excess support payments in Upstate WMS using closed case maintenance (WMS transaction type '14'). For Upstate cases which are clocking down to closing, TA New York State Office of Temporary & Disability Assistance

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workers should use transaction type "05 – undercare maintenance" and reason code "966 - other clockdown closing change" on screen one and enter the single issue payment lines on screen six. NYC TA single issuance code "71 – Excess Current Support" (5) For each TA case which receives an excess support payment. TA must calculate a new TA budget for the month following the month of issuance, with the payment included as Upstate other/unearned income source code "24 – Excess Support Payment" or NYC income source code "71 – "Excess Support Payment". If a decrease in the grant or surplus results, provide timely notice to the household. For cases which are not closed, TA must change or remove the excess support income from the TA budget for the second month after excess support payment issuance, to correspond to a new or zero amount of excess support paid in the preceding month. 15. EXCESS SUPPORT PAYMENTS Since November 2005 the calculation and issuance of excess support payments has been automated. The following explains the automated process and required worker action. The automated process measures child support collected against countable assistance over the life of the TA case. It does not calculate and issue excess current support as discussed above in Section 14-g. a. The automated process runs monthly at the end of the IV-D accounting month. New York State used the IV-D accounting month which ends on the last Friday of each month except for December when it ends on the last day of the month. b. The automated process identified assistance paid to or on behalf of the family that is eligible to be offset by support collections. The automated process identification of assistance paid to or on behalf of the family is from the date the case first opened or the date of birth of the oldest child, whichever date is later. c. The automated process will identify lottery winnings of the TA family which, as a result of the lottery match, have been used to repay TA. d. Repayments not considered in the automated process such as collections on liens, lawsuit settlements, etc., must be accounted for in reducing the total amount of assistance which has not yet been repaid. e. While not included in the amount of unreimbursed assistance picked up through the automated matches with WMS, assistance paid to or on behalf of the family while the mother was pregnant is also eligible to be offset by support. New York State Office of Temporary & Disability Assistance

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Any additions or reductions will be added manually upon notification of NYS DCSE by local district staff.

g. When support collected and retained by the LDSS exceeds the unreimbursed assistance, the excess is issued within two business days following the month in which the excess was collected. h. The general process for the identification and distribution of an excess support payment is as follows: (1) When, as part of the automated process, the individual who is owed the excess support is found to have an active TA case in the district that owes the support, the payment will automatically be issued to the individual’s Electronic Benefit Transfer (EBT) account and a notice will be sent to the recipient. (See section (1) below). (2) When an individual who is owed excess support is inactive for TA in the district that owes the support, CSMS will pass the CSMS address to WMS and a check will be issued to the individual if the address is determined to be a reliable address. An address will be considered reliable when the individual was sent support through the Support Collection Unit (SCU) within the two prior months and there is no evidence that the payment was undeliverable or not received. (See section (3) below). (3) When no active TA case is found in the district which owes the excess suport, and no child supoprt has been sent to the family within the two previous months by the district’s SCU, an address verification letter will be sent to the Child Support Management System (CSMS) address. (See section (4) below) 16. CASES FOUND ACTIVE FOR TEMPORARY ASSISTANCE IN THE DISTRICT THAT OWES THE EXCESS SUPPORT a. Payment When an active TA case is identified as being entitled to an excess support payment, the payment will be authorized onWMS and issued to the individual’s EBT account unless it is an exception case (See section E below). For those cases that a ppear on the exception report, the LDSS will resolve the exception and write a single issue pay line for deposit in the case’s EBT account in the amount of the excess support payment. Use the appropriate pay type: Upstate, “D4 - Excess Support Arrears” (with special claiming code “N”), or NYC, “72 Excess Support Arrears”. The amount of the payment wil be found on the most recently issued “Excess Child support – Exception Report”. b. Upstate If the payment is issued systematically, the individual will receive the notice “Excess Support (Sys. Gen.) Active Case” (CNS Reason Code J65).

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When manually issuing the excess support payment to an active TA case that was an exception to the mass reauthorization (MRA), LDSS workers must provide the notice “Excess Support (Worker Authorized) Active Case” (CNS Reason Code L65). c. NYC If the payment is issued systematically, the individual wil receive the notice “Excess Support (Sys. Gen) Active Case” laser letter When manually issuing the excess support payment to an active TA case that was an exception to the mass reauthorization (MRA), LDSS workers must provide the manual notice “Excess Support (Worker Authorized) Active Case” (LDSS-4864). 17. TA CASE CLOSED – RELIABLE ADDRESS FOUND IN CSMS a. Payment When a reliable address is found in CSMS, the address will be passed to WMS and a check will be issued systematically through the closed TA case in the district which owes the support. A CSMS address will be considered reliable when a support payment was issued to the individual at that address within the prior two months and there is no evidence that the payment was undeliverable or not received. Upstate, if the closed case has been migrated, it will appear on the exception list and the local district which owes the excess support must do an open/closed to issue the check. The local district must be sure to use the same TA case number as is associated with the child support account or the disbursement will not be accounted for, and the case will continue to show that excess support is due and owing to the individual. If the TA worker responsible for issuing the payment is unsure about the appropriate case number to use, the worker must confer with the district IV-D unit. b. Notices (1) Upstate The individual will receive the system generated notice: “Excess Support – Payment Auth. (Sys. Gen.) – Closed Case” (CNS Reason Code A66). If the case has been migrated, a manual notice must be issued. (2) NYC The individual will receive the “Excess Support (Sys. Gen.) Closed Case” laser letter. The text is the same as is found on the notice: “Excess Support - Worker Authorized - Closed Case (NYC)”. (LDSS-4865) 18. ADDRESS VERIFICATION LETTERS a. Initial Address Verification Letter

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The letter, “Excess Support Address Verification (Sys. Gen.) Closed Case” will be sent by OTDA via the Client Notices System (CNS) (Reason Code A65) upstate and by laser letter in NYC. The letter will go to individuals, whose cases are not currently active for TA in the district which owes the support, unless CSMS in that district has a reliable address. A reliable address is assumed when support payments are made to the individual within the two prior months, and there is no evidence that the payment was undelivered or not received. The address to which the letter will be sent is the last known address on the CSMS. The address verification letter will inform the individual that a payment is due to them, and why, but will not specify an amount. The individual is asked to sign and enter certain information, including his or her social security number (SSN), and mail back the second page of the address verification letter. Upstate, the address verification letter also asks for the individual’s date of birth as this is a required data element necessary to get a clearance report if a closed case has been migrated. The first page of the letter is intended to be retained for the individual’s records. b. Address Verification Letter Received – Complete When the letter verifying the individual’s address is received by the LDSS designated TA unit or worker, the worker must check to be sure that the client signed the letter and entered his or her Social Security Number (SSN). The worker must verify that the SSN given by the client on the address verification letter matches the individual’s SSN on WMS. If the SSN matches, the LDSS must update the address. If the address on WMS is different from the verified address and issue a check using standard Benefit Issuance and Control System (BICS) procedures for issuing manual checks. The pay type must be: Upstate “D4 – Excess Support Arrears” (with special claiming code “N”). In NYC, pay type “72 – Excess Support Arrears” is used. The payment FROM date is the 1st of the Month of the CSMS file run and a TO date is the last day of the month of the CSMS file run. The payment amount, and payline dates will be found on the “Excess Child Support – Exception Report”. Although the month is which the address verification letter was sent will be found on the address verification form that the individual returns to the LDSS, the district must use the most current exception report because the amount due may have changed. The amount may have changed due to additional support collections, or the identification of additional payments eligible to be offset by support, or repayments from sources not identified in the automated process. WMS edits have been revised to allow the excess support payment to be made by closed case maintenance, no matter how long the case has been closed. For upstate cases, if the closed case has been migrated, it will appear on the exception list and the local district which owes the excess support must do an open/close to issue the check. The local district must be sure to use the same TA case number as is associated with the child supoprt account or the disbursement will not be accounted for and the case will continue to show that excess support is due and owing for the individual. If the TA worker responsible for issuing the payment is

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unsure about the appropriate case number to use, the worker must confer with the district IV-D unit. In addition to updating the verified address on WMS, the verified new address must be updated on the CSMS, if there is still an active CSMS case, and the verified address is different than the one on CSMS. This address change will not be systematically updated on CSMS via the IV-A/IV-D daily Interface Report. Local district and NYC TA units must determine how CSMS will get the information. For example: TA may batch all address verification letters received and processed, and send the batch to IV- D for them to determine which cases are active and for them to update the addresses on CSMS. c. Address Verification Received – Incomplete If the address verification letter is received by the LDSS, but the letter is not signed by the individual, and/or the SSN is not given or is incorrect, the district must contact the individual to inform him or her that the necessary missing information must be provided. If there is any doubt about the identify of the individual, the LDSS must ask the individual for additional verification necessary to document the individual’s identity to the district’s satisfaction. Note: The individual must provide the correct SSN d. Address Verification Not Received In the event that the address verification letter is not received from the individual, no further action is required by the local district at that time. CSMS will pass the case to WMS every month until a disbursement is issued. However, no additional address verification letter will be sent unless the CSMS address is different from the address to which the first address verification letter was sent. e. Follow-up Address Verification Letter Closed Case Exceptions that fail to respond to their initial contact letter are matched to the WMS data base statewide (including NYC), twice yearly, provided the case is still owed an excess support payment. This match is to identify if there are any TA, SNAP, MA or HEAP cases on WMS with a more recent address that can be used to send an address verification letter or the excess child support payment to the Custodial Parent/Caretaker. If the match is to an active TA or SNAP case, the address will be automatically entered on CSMS and marked as “Validated”. The case will then go through the Excess Child Support payment process again, as described above. Cases identified as Non-Migrated WMS Closed Cases with a “Validated” CSMS Address will then be automatically processed to receive their excess child support payment, in accordance with procedures describe above for such cases. Cases identified as Migrated WMS Closed Cases with a “Validated” CSMS Address will appear on the EXCEPTION Report with exception reason “MIGRATED WKRK DO BENF” and must be issued their excess child support payment in accordance with procedures described above for such cases. If the case

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match is other than an active TA or SNAP case, an automated address verification letter will be sent. f.

Notices Upstate The heading on the address verification letter is the usual CNS notice heading. The heading has a unique office/unit/worker identification; EXS/CHILD/SUPPT. The name and telephone number associated with that identification is the contact person for excess support as determined by the LDSS and that person’s telephone number. If there is no TA default, the district default number will be referenced. When a valid address is found and the payment will be issued, LDSS workers must produce the appropriate notice when issuing the excess support payment by using CNS reason code K65. That code will produce the “Excess Support (Worker Authorized) Closed Casee” notice. If the case has been migrated, a manual notice must be issued. NYC The address verification letter is a laser letter and has the standard laser letter heading. The second page of the address verification letter that the individual will return ahs the designated identification. When a valid address is found and the payment will be issued, NYC workers must produce the appropriate manual notice when issuing the excess support payment. This notice is “Excess Support – Worker Authorized – Closed Case.” (LDSS-4865).

19. Client Inquiries Including Requests for an Excess Support Review a. LDSSs must identify a contact unit or individual for handling inquires regarding excess support. The contact unit or individual must, at minimum, be able to refer and monitor inquiries. Note: Districts should include the contact person’s name and telephone number in the CNS contact table for EXS/CHILD/SUPPT and update the contact name and telephone number as necessary. b. Reception staff, telephone staff, eligibility staff and child support staff must be informed about this project and about the correct contact person or unit so that they will recognize the issue when a client makes an inquiry and will route the call, the letter, or the visitor appropriately. c. The individual may not have a fair hearing on the amount of the excess child support payment but is entitled to a district level review and, if the matter is not resolved locally, a State second level Excess Support Review.

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For Example: The individual may claim the excess support payment should be greater because the local district recovered TA payments through sources other than those identified through automated means in the project. OTDA identified payments issued (with exception - see section d below), and reduced these by lottery match offset repayments of TA. d. OTDA is unable to identify in an automated fashion other repayments such as lawsuit settlements, collections on repayment agreements or judgments, liens on real property, etc. Any additional repayments or recoveries of assistance must be identified by TA and provided manually to NYS DCSE by local district staff (see section e below). The URA amount on CSMS will then reflect these reported manual updates. e. Recoupments were already taken into account since OTDA consideres only issued payments. 20. EXCEPTIONS – The automated issuance will not be done if one or more of the following exception circumstances exist. TA a. No WMS case b. Invalid case type c. Application status d. Pending status e. Invalid PA Authorization MMDDYY f.

Case denial

g. Closed case h. Migrated worker isssu benefit i.

Migrated wrong case type

j.

Migrated CSMS Address

k. Migrated No Address l.

No available pay line

CSEU a. Excess support payment in excess of $5,000.00 b. No Identified IV-A case number New York State Office of Temporary & Disability Assistance

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c. Invalid Dates of TA Payments For additional information about the exceptions, see the Dear WMS/CNS Coordinator letter dated October 20, 2005. 21. LDSS ADJUSTMENTS a. LDSS Identified Payment Eligible for Offset In certain instances, the LDSS will determine that the amount of TA eligible for offset is greater than the OTDA identified amount. In that case, the LDSS must immediately inform the DCSE so that CSMS can be updated to reflect the actual amount of unreimbursed assistance. b. Continuing Responsibility to Identify and Issue Excess Support Payments The automated process does not take into account repayment made from other sources such as lawsuit settlements, SSI interim assistance reimbursement, collections on judgments, liens, repayments from lump sum, etc. Some cases, whether or not identified in the automated process as being owed excess support, may still be entitled to an excess support payment, or a greater excess support payment, if repayments of TA by means other than child support, recoupment and lottery offset have been received. Districts continue to have the obligation to insure that all sources of repayment are considered together and compared to the total amount of TA provided. Not all TA payments qualify to be offset by support payment. For example: One-time emergency payments made 12/96 or later are not considered assistance and cannot be offset by support payments. However, recoveries on liens, lawsuit settlements, etc. must be applied against all TA payments, including one-time emergency payments. If, after all sources of repayment have been applied as is appropriate for the repayment type, there is more total repayment than TA provided, the excess must be paid to the family. Use the appropriate pay type: Upstate “D4 – Excess Support Arrears” (with special claiming code “N”) or NYC, “72 – Excess Support Arrears”. Note: If there have been repayments (other than by lottery or recoupment) that were not previously considered but which reduce the amount of unreimbursed assistance, DCSE must immediately be informed so that CSMS can be updated to reflect the actual amount of unreimbursed assistance. c. Adjusting Existing Overpayments (1) Overpayments must be terminated to account for the full repayment of TA by child support. The only exceptions are amounts owed to the LDSS for payments which were not offset by child support. New York State Office of Temporary & Disability Assistance

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(2) To help LDSSs to meet this requirement, the CAMEXC-RPT, “CAMS Report of Debts on Excess Child Support Cases” was developed for districts outside NYC. (3) The CAMEXC-RPT, “CAMS Report of Debts on Excess Child Support Cases” will be issued following the end of the IV-D accounting month. The IV-D accounting month ends on the last Friday of the month except in December when it ends on the last day of the month. The report will be issued monthly even if a district has no cases to report in the month and the report will continue until further notice. (4) When an excess supoprt arrears payment has been issued or determined to be owed, then all TA payments eligible to be offset by assigned support have been repaid in full. This includes some overpayments that have resulted in the debt on CAMS for TA. When this report is received, districts must review the CAMS record to determine if the debt is the result of an overpayment that has been repaid by child support. (5) If a payment has not been offset by support, and is the payment that resulted in the debt, then the debt has not been repaid and should not be terminated. However, if the overpayment resulted from a payment that was offset by child support, the payment must be terminated. The following examples will illustrate: For Example: The debt is the result of a utility arrears payment made for a period 12/96 or later. Child support will not have been applied against such a payment so the debt is not terminated. For Example: The debt resulted from an overpayment in a month due to unreported income. Since all of the assistance payments in the month of the overpayment have been repaid (offset by support), the debt has been repaid and must be terminated. (6) If it is determined that a CAMS debt must be terminated, claim status reason code of 73 - Excess Child Support should be used. (7) Each month, the report will contain new excess supprt cases, as well as prior month excess support exceptions, that have yet to be resolved (WINR-4402 cases). Even for cases that continue to show as exceptions, if the debt is one that should be terminated, use of claim status reason code 73 will result in the debt falling off the report. (8) The CAMS Report of Debts on Excess Child Support Cases reports only cases with debts on CAMS. Local districts must use the Excess Child Support Eligible Report (WINR 4401) and the Excess Child Support Exception Report (WINR4402) reports to identify cases that must be maintained or terminated. (9) In NYC, an automated process was developed that terminates debts as appropriate for cases that have received an excess support arrears payment. (10) Cases not appearing on any of these reports (upstate or NYC) may be entitled to an excess support payment, or a greater excess support payment, if repayments New York State Office of Temporary & Disability Assistance

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of assistance have been made from sources such as lump sums, SSI Interim Assistance reimbursement, lawsuit settlement, lien execution, etc. (11) If the LDSS has a pending claim or judgement against real or personal property of the recipient/former recipient, those claims must be adjusted to reflect the repayment of TA. d. Excess Support Review (1) The individual may not have a fair hearing on the amount of the excess child support payment but is entitled to a district level review. See 18 NYCRR 347.25 (2) The LDSS CSEU and TA Unit will conduct the review, and the TA unit must issue a written decision to the individual who has requested the excess support review within 45 days of a written request for a review. (i) The individual may claim that the amount of assistance considered is too high. Because, in some instances an estimate of assistance was used to compute the URA, the LDSS should complete an audit of the assistance paid to the family. (ii) The individual may also claim that the excess support payment should be greater because the local district recovered TA payments through sources other than those identified through automated means in the project. Since OTDA is currently unable to identify, in an automated fashion, other repayments such as lawsuit settlements, collections on repayment agreements or judgments, liens on real property, etc.; such repayments may have been made by an individual and must be investigated as part of the district level Excess Support Review. (3) Individuals may request a State Second Level Excess Support Review conducted by OTDA when they have requested an excess support review by the LDSS and are dissatisfied with the written response by the LDSS. The individual must make that request to OTDA within 20 days of the date of the LDSS written decision resulting from the first level review. Note: Detailed information regarding the desk review process is found in 06 ADM-16, “Desk Reviews of the Distribution of Child Support Payments.” e. Treatment of the Excess Support Payment for Recipients (1) Temporary Assistance: Office Regulation 352.31(a)(8) provides that excess support must be counted as income in the month, following the month, in which the payment is received by the household. The payment must be issued within two business days following the end of the CSEU accounting month. The end of the CSEU accounting month is the last Friday of the month, except for December when the end of the accounting month is December 31st.

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In some months, the last Friday in the month will be so early that the excess support payment will be available in EBT in the same month that the excess is identified. For example: In 2005 the last Friday in August in the 26th. Two business days following the 26th is Tuesday the 30th. In such months, it would not be possible to provide timely and adequate notice and affect the budget change by the month following the month in which the payment is received by the household (in this example, September). Then, an overpayment must be calculated. (2) If the excess support payment, combined with other countable income in the month, is greater than the family’s standard of need, then the excess support payment must be treated as a lump sum. Please refer to 03 ADM-10 “TA Policy Changes: Lump Sum Set Asides and Recourse Two-year College Fund Exemption”. (3) Supplemental Nutrition Assistance Program: Lump sums are not countable for Supplemental Nutrition Assistance Program. However, in the month following the month of receipt, the remaining money will be considered a resource. (4) Medicaid: Medicaid treatment of excess child support payments depends on the category of the recipient. (a) For Low Income Families, ADC-related Medically Needy and Federal Poverty Level applicants/recipients, all excess support payments must be budgeted as income in the month following the month the payment is issued and as a resource thereafter. (b) For SSI-related applicants/recipients, excess child support collected by a state and forwarded to a family is unearned income to the child in the month the payment is received. One-third of the amount of a child support payment made to or for an eligible child is excluded. If payment is made for several children, a per capita portion of the payment is income to the SSI child. f.

EXCESS SUPPORT AND CHILD ASSISTANCE PROGRAM (CAP) CASES For districts that participate in the Child Assistance Program (CAP), these cases are subject to the excess support process. Before a district issues a quarterly child support reconciliation payment (K3-CAP Support Reconciliation) on a CAP case, the district must review the period convered by the quarterly report to see if an excess child support payment was previously issued through the mass re-budgeting process and not duplicate any part of the excess support payment through the manual CAP quarterly reconciliation process. Payments Excluded From the Calculation of Assistance (1) There is a difference in the payments that are considered in the calculation of assistance before December 1996 and after. Since December, 1996 New York State has been operating under the approved TANF state plan and there is a distinction between assistance and non-assistance. Federal child support rules

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(OCSE-AT 88-10) direct states to exclude non-assistance from consideration for the child support offset. g. Client Notice System (CNS) codes used for changes or closing of TA cases will trigger appropriate Medicaid notice language and systems extensions. Depending on the circumstances of the change or closing, Medicaid may be extended for: the 4-month child support extension, the Rosenberg extension to re-determine Medicaid eligibility, or 6 months for Transitional Medical Assistance. Also, when appropriate, TA CNS closing codes will continue Medicaid unchanged. h. Requesting Information TA has an ongoing responsibility to ask recipients for new and changed information concerning putative fathers and absent parents. As the local districts is the first and most frequent point of contact with recipients, and as the determiner of ongoing TA eligibility, the TA worker is best able to remind recipients of the requirements and benefits of cooperating with suppport enforcement activities. The potential payoffincome from child support is a major componet of self- sufficiency, particularly in light of time limited cash assistance. Often a recipient has access to vital information that can save SCU months of investigation and location efforts, and leads to earlier establishment of paternity and support obligations. (1) To reinforce recipients involvement in the support enforcement process, TA must question recipients regarding putative fathers and absent parents no less frequently than at each recertification. No recertifying TA recipient should leave the absent parent information on the LDSS -3174 blank, unless there is no absent parent. TA workers must require that the head of household enter all required information, or write “unknown”, for any information that cannot be provided. (2) In addition to asking the support related questions included in the recertification form (LDSS-3174 sections 12 and 13), TA examiners may ask appropriate and specific questions such as the following: (a) What is Suzie’s father’s social security number? (b) Do you have copies of decisions in paternity adjudication or support order proceedings? If not, in what court where the orders made? (c) When did you or Suzie last hear from Suzie’s father? (d) Where is he living now? (e) Where is he working? (f) What other income does he have? (g) Who else ( his family or friends) might know where he is or where he is working?

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(h) When you need to contact him, do you have a telephone number where he can be reached? (i) Based on things you remember him saying or doing, to where do you think he might have moved? (j) Does he call or send Suzie gifts or cards? If so, from where are the calls made or mail sent from? (k) Does he send money for Suzie? (l) If he is not providing health insurance for Suzie, can he obtain it through his job? (m) What have you heard about his whereabouts from his family or friends? (3) TA must encourage recipients between recertifications to report any new or changed information immediately. TA must promptly refer all information to the CSEU so they can follow–up on leads while they are fresh. TA refers recipients new or changed putative father/absent parent information to CSEU on the LDSS-2859 “Information Transmittal” form. (4) TA workers must encourage recipients who have been sanctioned for noncooperation with child support requirements to take necessary actions to end the sanction. Workers should discuss cooperation with sanctioned recipients no less frequently than at each recertification. 22. ACTING ON CSEU INFORMATION AND REQUESTS a. ACTING ON CSEU INFORMATION – The CSEU receives, for referral to TA, monthly reports of TA households for whom current support collected equaled or exceeded the TA deficit amount. Promptly upon receipt of information from the CSEU, that current support exceeds TA granted, TA must determine whether the household would remain eligible for TA if the household received the support directly. b. TA also must redetermine ongoing TA eligibility when notified by CSEU that an absent parent has returned to a TA household. However, TA cannot close a TA case based on a parent's return until all of the following actions are completed: (1) The household must comply with filing unit requirements. Generally, the returning parent must apply for assistance and the parent's income must be counted against the TA budget for the household which includes that parent's minor dependent children; (2) The household's financial eligibility for TA must be redetermined based on the inclusion of the returning parent's income and resources (or the household will be ineligible due to its failure to comply with filing unit or verification requests); and

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(3) The household's category of assistance must be redetermined in light of the absent parent's return. For example: The returning parent may have a sixty-month count greater than the count currently on the case, or the case may have an existing time limit exemption that will have to be re-examined since a second parent has entered the household. 23. SYSTEMS IMPLICATIONS a. WMS INSTRUCTIONS (1) WMS IV-D Indicator Code (a) A IV-D Indicator Code of "Y: IV-D Case" or "X: IV-D Case to be Excluded From IV-D Monthly Mass Authorization" must be entered in screen 1 of the LDSS-3636 or LDSS-3209 for each TA case which includes a minor whose paternity has not been legally established or who has an absent parent. The "X" is used to prevent automated authorization of the pass-through payment and causes an Exception Report in the IV-D MRB/A. It is used at worker discretion. (b) For a TA case which is not required to be referred to the CSEU, the IV-D Indicator must be coded "N: Not a IV-D Case". (c) To ensure that IV-D payments are not withheld during the 45-day waiting periods for SNA (Case type 12, 16, or 17), a new IV-D Indicator of “PPending 45th Day from Application” has been created. This change was necessary in order to systematically inform CSMS that during this 45-day pending period, child support must continue to be forwarded to the applicant. Previously, the change to the status of the client prevented disbursement of support payments to the client, even though there was no cash assistance being issued. When opening Case Types 12, 16, or 17, a IV-D indicator of “N” or “P” must be entered. If a case type 12, 16 or 17 has a IV-D indicator value of “P”, this “P” must be automatically changed to a “Y” after the 44th day, in a system generated transaction. The case reason code generated will be “Y34-IV-D Ind changed to “Y”. (d) If the PA/SNAP code = 01 (Authorized for PA and SNAP), the PA/SNAP reason code will be generated as “Y20-PA Benefit Not Changed - No New Budget). If the PA/SNAP code is not =01, then the PA/SNAP Reason Code will be left blank. The Notice Indicator will be set to “N” (No Notice). The Transaction Type will be “05-Change”, and a normal authorization number will be generated. (e) For a TA case in which only a referral for paternity establishment is required, the IV-D Indicator must be coded “D-Refer for Paternity Establishment Only”.

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b. ABEL INSTRUCTION (1) Sanctioned individual(s) are included in the household and case member count when preparing an ABEL budget. The "IV-D" field on the ABEL input screen is used to indicate the number of individuals (1, 2 or 3) who are non-compliant with child support enforcement requirements. ABEL will calculate a reduced monthly needs amount. All of the non-compliant individual(s) countable income should be included in the ABEL budget for the case. ABEL logic performs computation in the following sequence: (a) three-generation calculation (b) gross test (185%) (c) gross test (poverty level) (d) 25% IV-D sanction reduction (e) net income test (f) prorated sanction reduction (g) recoupments (h) restrictions (2) For TA SNAP budgets with a "FROM" date of October 19, 1998 or later, entry in the "IV-D" field of the ABEL TA input screen will result in calculation of the SNAP budget including the pre-sanction TA grant as income. (3) For ABEL TA budgets, the following "Other/Unearned Income Source" Codes for support payments should be used as appropriate: 02:

Alimony/Spousal Support (Non-Arrears)

06:

Child Support Payments (not assigned) (also used for unassigned military dependents' allotments when the service person is not a member of the TA household)

10:

GI Dependency Allotment (not assigned; no disregard - used when service person is TA household member)

13:

Child/Spousal Support assigned to Agency

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17:

Spousal Support - Arrears (CT 16, 17, 31, 32)

Note: When the amount of assigned support (minusthe disregard) is greater than or equal to the calculated budget deficit, or greater than or equal to the calculated surplus in a Gross Income Test failure, ABEL will generate a "W" in the Surplus/Deficit (S/D) field as a warning that the worker should further investigate the household's eligibility for TA. (4) Erroneous pass-through payments and overpayments resulting from assigned support payments being received directly and retained by a TA recipient (other than unassigned support which is budgeted against TA needs) must be recouped using Recoupment Type Code "5: IV-D Payment". (5) For ABEL Supplemental Nutrition Assistance Program budgets, child support pass-through payments are budgeted in the IV-D MRB/A as Other/Unearned Income Source Code "87: IV-D Payment". c. CLIENT NOTICES SYSTEM (CNS) TA workers must enter code 'V30 - Failure to Comply with IV-D' in the "TA/Medicaid Individual Reason Code" field on Screen 3 of WMS to designate the individual(s) not in compliance with IV-D requirements. Single or multiple person cases in which an individual has an IV-D sanction coded using individual reason code 'V30' and entering the appropriate CNS pending notice number on Screen 1 of WMS. d. BICS: RUN OF IV-D PASS THROUGH PAYMENTS To ensure that pass-through payments are issued in a timely manner and that timely and adequate notice of any resulting reductions in Supplemental Nutrition Assistance Program benefits are provided, as appropriate, districts must review and take appropriate action immediately upon receipt of the monthly IV-D MRB/A "eligibles" list from the CSEU. All pass-through payments, including manually authorized "exceptions" payments, must be issued by the 20th calendar day of each month.

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CHAPTER 9 – FAMILY ASSISTANCE Section T - Participation In A Strike

T. PARTICIPATION IN A STRIKE No family shall be categorically eligible for FA for any month in which the caretaker relative with whom the child is living is, on the last day of such month, participating in a strike. If an FA recipient, other than a caretaker relative, is participating in a strike on the last day of a month, such individual shall be ineligible for FA benefits for such month. 1. DEFINITIONS a. STRIKE – The term "strike" includes any strike or other concerted stoppage of work by employees (including a stoppage by reason of the expiration of a collective bargaining agreement) and any concerted slow down or other concerted interruption of operations by employees. b. CARETAKER RELATIVE – The term "caretaker relative" means natural or adoptive parent for purposes of making a determination of strike participation. c. PARTICIPATING IN A STRIKE – The term "participating in a strike" means concerted cooperation and support for a strike action which results in a reduction of income, but does not include in its meaning concurrent work stoppage due to those occurrences described below, items 2a. 2. DETERMINATION IF APPLICANT/RECIPIENT IS PARTICIPATING IN A STRIKE a. The applicant or recipient shall not be considered to be participating in a strike if, in the opinion of the local district, the FA applicant or recipient stopped work due to any of the following: (1) Illness (2) Approved vacation (3) Firing (4) Lock-out (5) Intimidation or threats (6) Acceptance of other full time employment (7) Lay-off related to the strike, or (8) Any other reason consistent with Office Regulation. b. The case record should include all documentation necessary to justify the agency's decision that the individual is not participating in a strike and therefore continues to be eligible for FA.

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c. Participation in a strike must also result in a reduction of income, and does not include in its meaning concurrent work stoppage due to illness, approved vacation, firing, lock-out, lay-off related to the strike, intimidation or threats by strikers, acceptance of other full time employment, or any other reason consistent with Office Regulations. d. Participation in a strike, for FA purposes, does not constitute good cause to leave, or to refuse to seek or accept employment. Therefore, the work rules apply. 3. DENIAL OF FA ELIGIBILITY a. CARETAKER RELATIVE – When the caretaker relative of an FA child participates in a strike on the last day of the month, the family is not eligible for FA. If otherwise eligible for assistance, benefits must be provided as SNA. b. NON-CARETAKER RELATIVE – When the individual participating in a strike on the last day of the month is not the caretaker relative, only that individual is ineligible for FA. The other family members can continue to receive FA. 4. SNA CLAIMS ADJUSTMENT a. The change of a family or individual to SNA based on participation in a strike on the last day of the month is accomplished by claims adjustment, not case type change. b. For a family, the claim for the month’s FA benefit would be adjusted and claimed to SNA. c. For an ineligible individual, the district must manually determine the amount to be adjusted out of FA to SNA. d. Performing BICS adjustments are explained in the BICS (PICS/IPPS/BSPP) manuals which are on the OBFDM intranet web site. 5. LOSS OF EARNED INCOME DISREGARDS FOR FA STRIKERS Applicants/recipients that have participated in a strike within the previous thirty days are not entitled to receive earned income disregards (i.e., $90 work disregard, percent earned income disregard) as a deduction from their earnings.

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CHAPTER 9 – FAMILY ASSISTANCE Section U - Individual Development Accounts (IDAs)

U. INDIVIDUAL DEVELOPMENT ACCOUNTS (IDAs) The Welfare Reform Act of 1997 established the right of FA recipients to establish and maintain independent development accounts (IDAs). These accounts are trusts which allow recipients of FA to set aside funds, outside of the resource limits, for the purposes of postsecondary education, first home purchases and business capitalization. 1. DEFINITIONS a. ELIGIBLE EDUCATIONAL INSTITUTION – An "eligible educational institution" means the following: (1) An institution described in section 481(a)(1) or 1201(a) of the Higher Education Act of 1965 as such sections were in effect on August 26, 1996, or (2) An area vocational education school (as defined in subparagraph (C) or (D) of section 521(4) of the Carl D. Perkins Vocational and Applied Technology Education Act) as such sections were in effect on August 26, 1996. b. POST-SECONDARY EDUCATIONAL EXPENSES – A "Post-secondary educational expenses" means: (1) Tuition and fees required for the enrollment or attendance of a student of in eligible educational institution, or (2) Fees, books, supplies, and equipment required for courses of instruction at an eligible educational institution. c. QUALIFIED ACQUISITION COSTS – The costs of acquiring, construction, or reconstructing a residence. The term includes any usual or reasonable settlement, financing, or other closing cost. d. QUALIFIED BUSINESS – Any business that does not contravene any law or public policy. e. QUALIFIED BUSINESS CAPITALIZATION EXPENSES – Qualified expenditures for the capitalization of a qualified business pursuant to a qualified plan. f.

QUALIFIED EXPENDITURES – Expenditures included in a qualified plan, including capital, plant, equipment, working capital, and inventory expenses.

g. QUALIFIED FIRST – TIME HOME BUYER – A taxpayer (and, if married, the taxpayer's spouse) who has no present ownership interest in a principle residence during the 3-year period ending on the date of acquisition of the principal residence. h. DATE OF ACQUISITION – The date that a binding contract to acquire, construct, or reconstruct the principal residence is entered into. i.

QUALIFIED PLAN – A "qualified plan" means a business plan which:

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(1) Is approved by a financial institution, or by a nonprofit loan fund having demonstrated fiduciary integrity, and (2) Includes a description of services or goods to be sold, a marketing plan, and projected financial statements, and (3) May require the eligible individual to obtain the assistance of an experienced entrepreneurial advisor. j.

QUALIFIED PRINCIPAL RESIDENCE – A principal residence (within the meaning of section 1034 of the Internal Revenue Code of 1986), the qualified acquisition costs of which do not exceed 100 percent of the area purchase price applicable to such residence (determined in accordance with paragraphs (2) and (3) of section 143(e) of the Internal Revenue Code.

2. PURPOSES FOR AN INDIVIDUAL DEVELOPMENT ACCOUNTS An individual development account may be established by or on behalf of an individual eligible for Family Assistance for the purpose of enabling the individual to accumulate funds for a qualified purpose as specified below. a. POSTSECONDARY EDUCATION EXPENSES – Postsecondary educational expenses paid from an individual development account directly to an eligible educational institution. b. FIRST HOME PURCHASE – Qualified acquisition costs with respect to a qualified principal residence for a qualified first-time homebuyer, if paid from an individual development account directly to the persons to whom the amounts are due. c. BUSINESS CAPITALIZATION – Amounts paid from an individual development account directly to a business capitalization account which is established in a federally insured financial institution and is restricted to use solely for qualified business capitalization expenses. 3. ESTABLISHMENT OF AN INDIVIDUAL DEVELOPMENT ACCOUNT a. An individual development account is a trust created in the United States by or on behalf of an individual eligible for FA and funded through periodic contributions by the establishing individual and matched by or through a qualified entity which is listed below: (1) An organization which meets the definition of not-for-profit under the Internal Revenue Code of 1986 and is exempt from taxation under section 501(c)(3) of the Code, or (2) A local district acting in cooperation with an organization described in (a) above. However, neither the state nor local district shall be required to make or match contributions. New York State Office of Temporary & Disability Assistance

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b. Contributions by the individual can only be made while the individual is receiving FA. c. The State or local district is not required to administer any individual development account and is not required to contribute funds to any account. Any contributions made by local districts to these accounts are non-reimbursable. d. An individual may only contribute to an individual development account amounts which are derived from the disregarded portion of reported earned income. Funds may only be withdrawn for one of the three reasons cited in subsection 2 above. e. An individual development account is disregarded for the purpose of determining eligibility to receive, or the amount of, any assistance or benefit authorized under FA for the period during which the person maintains or makes contributions into the account. f.

Individual development accounts are exempt as a resource for all PA (FA and SNA), Supplemental Nutrition Assistance Program and MA programs.

4. PENALTIES FOR UNAUTHORIZED WITHDRAWALS The following penalties will be imposed on the family assistance recipients who withdraw funds from individual development accounts for purposes other than specified in subsection 2 above. a. The matching funds are subject to the conditions specified by the terms of the trust, if these funds are still available to the qualified entity. b. Penalties assessed under the terms of the trust by the qualified entity must be paid, if these funds are still available. c. All moneys retained by the recipient, including matching funds, are treated as unearned income in the month the funds are withdrawn. d. The account is considered closed and any moneys left in the account after settlement of any penalties under a and b above are considered as unearned income as of the date of the unauthorized withdrawal. Any moneys retained in the following month is considered a resource in that month. e. The account holder and his/her legal spouse are prohibited from establishing any other individual development accounts in the future. 5. ADDITIONAL PROVISIONS The following provisions apply: a. If the account holder dies, the account may be transferred to a contingent beneficiary subject to the conditions of the trust. b. The total of all deposits by the recipient of family assistance paid into an individual development account in a calendar year cannot exceed the amount of the earned New York State Office of Temporary & Disability Assistance

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income disregarded in calculating the amount of assistance for the recipient's household. c. The account holder may, subject to the terms of the trust, transfer available moneys from one individual development account to another without penalty under the family assistance program.

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References 08 ADM-5 Attachment A Attachment B Attachment C Attachment D Attachment E Attachment F Attachment G 03 ADM-10 01 ADM-3 Errata 01ADM-3 00 ADM-7 99 ADM-5 99 ADM-7 Errata 99-ADM-7 98 ADM-6 98 ADM-3-Errata 98-ADM-3 97 ADM-23 Attachment – Erratta Attachment – 1 – 11 Attachment - 12 97 ADM-20 97 ADM-8 97 ADM-7 96 ADM-5 Attachment 96 ADM-4 95 ADM-12 95 ADM-4 93 ADM-4 91 ADM-29 90 ADM-41 89 ADM-49 88 ADM-35 83 ADM-28 81 ADM-55 80 ADM-44 80 ADM-42 78 ADM-93 77 ADM-44 06 INF 12 02 INF-29 02 INF-3 Attachment 01 INF-19 Attachment New York State Office of Temporary & Disability Assistance

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01 INF-6 00 INF-3 00 INF-2 98 INF-14 94 INF-45 94 INF-18 93 INF-30 90 INF-35 90 INF-25 99 LCM- 20 98-LCM-45 Attachment 97 LCM -10 345 347 350.4 352.7(k) 369.1 369.2 369.3 369.4 369.5 SSL 413 GIS Message (98TA/DC028) GIS Message (92 IM/DC027) "All Commissioner Letter" (03/18/86) "All commissioner Letter" (09/12/84) "All Commissioner" Letter - 6/2/86 "All Commissioner" Letter - (12-13/85) Related Items 92 ADM-2 Errata 92 ADM-2 85 ADM-9 77 ADM-96 SSL 111g SSL 111m SSL111n “All Commissioner” Letter (6/20/84) Domestic Relations Law 37-a

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CHAPTER 10 – SAFETY NET ASSISTANCE (SNA) Section A – General

CHAPTER 10: Safety Net Assistance (SNA) A. GENERAL 1. Chapter 436 of the Laws of 1997 (The Welfare Reform Act (WRA) of 1997) established the SNA program to provide assistance to individuals and families who are ineligible for Family Assistance (FA) or other federal temporary assistance programs, including Refugee Cash Assistance. 2. The SNA program is comprised of a cash and a non-cash componet. 3. The SNA assistance program was effective on January 1, 1998. The non-cash component of SNA took effect January 1, 1998 for persons determined unable to work due to the abuse of drugs/alcohol in accordance with Department regulations. 4. Effective December 1, 1999, the non-cash component of SNA becomes effective for persons who have received cash SNA or Home Relief for twenty-four months in their lifetime since August 4, 1997. Persons who are exempt from work requirements, (or who are HIV positive, and are not determined unable to work due to the abuse of drugs/alcohol), are exempt from the twenty-four month lifetime limit on cash SNA. 5. SNA rules apply to all SNA cases, regardless of whether there are children in the case. This includes the following: a. Forty-five day application period b. Requirement to sign Repayment Agreement (LDSS-4529) and Assignment of Future Earnings (LDSS- 4530) c. Prohibition against the transfer of resources 6. There are some instances where FA rules, not SNA rules, will apply for families whose assistance is claimed to Temporary Assistance to Needy Families (TANF) Case Type 12. This includes the following: a. For TANF funded SNA cases (Case Type 12), an individual in receipt of SSI is not included in the case’s household or case count. Additionally, the individual’s SSI income is not considered in determining the eligibility of the remaining household members. Example: a. Husband, wife, and a 6-year-old child in common reside together and the child is an SSI recipient. The family is in receipt of TANF-funded SNA Case Type 12. The case would not include the SSI child or the child’s income in the case. Therefore, the case is budgeted as a household (HH) of 2 and case (CA) of 2. b. Disregard of bona fide loans

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c. Interim Assistance will not be recovered d. Employment activities and participation rate The same rules that govern essential persons in FA also govern essential persons in SNA Case Type 12. See TASB Chapter 9 section P. 7. The minor parent living arrangement and minor parent educational requirements will apply to all families with dependent children who receive SNA. 8. The Earned Income Disregard is applicable to all SNA households containing a pregnant woman or a dependent child applying for or receiving SNA or Supplemental Security Income (SSI). This includes cases no longer eligible to receive TANF funded FA Case Type 11 or SNA CaseType 12, because an adult on the case, or minor head of household, has reached the State 60-month limit. 9. SNA includes assistance granted to veterans under existing laws, and assistance to persons not residing in their own homes when such persons reside in other living situations for which an SNA grant may be provided as specified in 18 NYCRR Part 352. 10. SNA does not include medical assistance, foster care of children, or care classifiable under the law as public institutional care. 11. Regulations of the office generally governing the programs of Temporary Assistance (TA) and care, including application, determination of initial and continuing eligibility, standards of assistance, budgeting, provision of services, notification of decision, authorization and payment of grants, handling of inquiries, complaints, appeals and requests for fair hearings and investigations of fraud shall apply to SNA. [18 NYCRR § 370.1(a)] 12. Any application for SNA or redetermination shall be made on the State prescribed form [18 NYCRR § 370.1(b)]. 13. The application for or receipt of SNA shall constitute an assignment to the State and the local district concerned of any rights to support from any other person as such applicant or recipient may have in his own behalf, or in behalf of ,any other family member for whom the applicant or recipient is applying for or receiving assistance. In a manner prescribed by the Office, applicants for or recipients of SNA must be informed that an application for or receipt of such benefits will constitute an assignment. LDSS-4148A "What You Should Know About Your Rights and Responsibilities" informs TA applicant/recipients of this information. Such assignment will terminate with respect to current support rights upon a determination by the local district that such person is no longer eligible for SNA except with respect to the amount of any unpaid support obligation that has accrued. 14. Investigation - When practicable, responsibility shall be placed upon the applicant for SNA to provide verified information concerning his previous maintenance, loss of income and the extent and duration of current need. Both the method and content of

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investigation shall be aimed at assisting the applicant to return to self-support and to fully utilize resources. [18 NYCRR § 370.2(a)]

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CHAPTER 10 – SAFETY NET ASSISTANCE (SNA) Section B – Persons Eligible for SNA

B. PERSONS ELIGIBLE FOR SNA 1. The following persons, if otherwise eligible for TA must receive assistance under the SNA program: a. Adults without dependent children living with them b. Persons under the age of 18 without a dependent child who have no adult relative with whom to live. c. Families who are otherwise eligible for TA in which the head of household, or any adult member required to be a member of the TA household, is determined to be unable to work due to the abuse of alcohol and/or drugs, and the adult or head of household is compliant with the alcohol and substance abuse screening, formal assessment and rehabilitation treatment requirements in accordance with Office regulations. d. Members of a household in which the head of the household or any adult required to be a member of the TA household fails to comply with required screening, formal assessment or rehabilitation treatment for drug/alcohol abuse in accordance with Office regulations. The non-complying head of household or adult is ineligible for TA. e. Aliens who are eligible for TA, but who are not eligible for federal reimbursement. f.

Families who have received FA or other cash assistance, whether or not funded under the Temporary Assistance for Needy Families (TANF) block grant, for periods of time equal to the State sixty-month maximum durational limits for receiving TANF funded assistance.

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CHAPTER 10 – SAFETY NET ASSISTANCE (SNA) Section C – Persons Not Eligible for SNA

C. PERSONS NOT ELIGIBLE FOR SNA 1. The following persons are not eligible for SNA: a. Persons who are not legally residing in the U.S. or who are unable to document that they are legally residing in the U.S. b. Aliens who are not eligible for TA. c. Persons who are sanctioned from FA or SNA. d. Persons and families who fail to comply with the eligibility requirements for FA or SNA. e. Persons eligible for the eight months of Refugee Cash Assistance that they can receive in New York State (these persons will be Case Type 16 with the appropriate Federal Charge Codes).

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CHAPTER 10 – SAFETY NET ASSISTANCE (SNA) Section D – Financial Requirements

D. FINANCIAL REQUIREMENTS 1. The initial determination shall include consideration of each of the following eligibility factors: a. PREVIOUS MAINTENANCE AND REASON FOR APPLICATION – For each member of the household applying for assistance, the following shall be determined: (1) The source and amount of previous income or maintenance (2) The reason and date of its discontinuance (3) Presumptive eligibility for benefits relating to loss of income (4) Employability and availability for employment b. PRESUMPTIVE DURATION OF NEED – On the basis of all available facts, an evaluation shall be made of the following: (1) The probable duration of need based upon consideration of the applicant's employability and the availability of employment in the current labor market (2) Presumptive eligibility for work-related benefits (3) The availability of vocational training, rehabilitation services (4) The availability or potential availability of other resources that will make his need for financial assistance short-term

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CHAPTER 10 – SAFETY NET ASSISTANCE (SNA) Section E – General Requirements

E. GENERAL REQUIREMENTS 1. Applicants/recipients of SNA must meet all applicable requirements generally governing TA programs, including, but not limited to: a. Application b. Determination of initial and continuing eligibility c.

Standards of assistance

d. Budgeting e. Provision of services f.

Notification of decision

g. Authorization and payment of grants h. Handling of inquiries, complaints, appeals and requests for fair hearings and

investigations

i.

Filing unit requirments

j.

Provide social security number

k.

Residence within the State

l.

Pursue, appeal and accept Supplemental Security Income

m. Alcohol and substance abuse screening, formal assessment and rehabilitation

treatment requirements

n. Employment requirements - Applicants for and recipients of SNA must meet the

employment requirements found in 18 NYCRR Part 385.

o. Automated finger imaging system (AFIS) p. Requirement to sign repayment agreement (LDSS-4529) and Assignment of future

earnings (LDSS-4530)

q. Sign agreement to Interim Assistance reimbursement r.

Ability of relatives to support

s.

Cooperate with Child Support Enforcement Unit (CSEU) and right to claim good cause

t.

Pursue alimony/maintenance/spousal support

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u. No transfer of property provision v.

Must not be in receipt of public institutional care

w. Comply with SNA time limits x.

family violence option

y.

The requirements of families of the FA program, such as the minor parent and the absence of a minor provisions, also apply to families in the SNA program.

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CHAPTER 10 – SAFETY NET ASSISTANCE (SNA) Section F – Non-Financial Requirements

F. NON-FINANCIAL REQUIREMENTS 1. The following requirements shall be evaluated to establish initial and continuing eligibility: a. AGE – The applicant shall furnish the date of birth for each person applying for assistance only where such verification is necessary to classify a person as eligible or presumptively eligible for a federal category, to determine employability, or to establish the right of a minor between the ages of 16 and 18 years to receive SNA in his/her own name. b. A minor may be considered eligible for SNA in his own right, provided he is not living with a guardian or relative qualified to receive a grant of TA. Note: When a 16-21 year old alleges that there is abuse in his/her family and he/she cannot return, a referral should be made to determine if the home situation is detrimental to the 16- 21 year old. If the individual is under 18 years of age, referral must be made to the State Central Register of Child Abuse and Maltreatment in accordance with Sections 413 and 415 of the Social Services Law. If the individual is between 18 and 21 years of age, referral should be made to the Services Division. In either situation arrangements should be made for sheltering the 16-21 year old until a determination is made. 2. SOCIAL SECURITY NUMBER – Any applicant for or recipient of SNA, regardless of age, must furnish or apply for a Social Security number as a condition of eligibility. For more information see TASB Chapter 5 Section N. 3. RESIDENCE WITHIN THE STATE – SNA shall be granted only to eligible persons who reside in or who are found within the State at the time of application, and the grant may be continued only while such persons are residents of the State. 4. LIVING ARRANGEMENT – SNA shall be granted to an eligible needy person in his/her home, home of a relative/friend or in a homeless living situation. In addition, SNA allowances may be granted to persons not living in their own homes when the living arrangement is one described in TASB Chapter 17, Section E. Note: LDSS-3668: "Shelter Verification" may be mailed directly to a landlord at the time of application, recertification or when a change of residence occurs. 5. POTENTIAL ELIGIBILITY FOR SSI a. Any applicant for or recipient of SNA who, based on a medical statement documenting or indicating the existence of a physical or mental impairment, reasonably appears to qualify for SSI, or has reached or will before the end of the following calendar month reach his/her 65th birthday, or who otherwise appears to be eligible for SSI benefits must, as a condition of eligibility or of continuing eligibility: (1) Cooperate in applying for SSI benefits

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(2) Appeal an SSI eligibility denial when the district determines such appeal is required (3) Accept SSI benefits b. When an applicant or recipient refuses without good cause to cooperate in applying for SSI, appealing an SSI denial if required bv the local district, or accepting benefits for himselfor herself or for a child in his or her care the following penalty applies: (1) An SSD must impose an incremental sanction when any applicant for or recipient of TA refuses without good cause to pursue SSI benefits for himself or herself, required filing unit members, or any persons the applicant, recipient ,or representative indicates wishes to receive TA and who reside in the same dwelling unit. (2) An incremental sanction imposed against a single individual will result in a denial or discontinuance of TA. (3) An incremental sanction imposed against a multi-person household will remove the ineligible individual from both the TA household (HH) and case (CA) count which reduces the amount of the TA benefit. (4) An SSD must not impose any sanction when a Non-Parent Caregiver (NPC) who does not want to apply for TA or is not in receipt of TA refuses to pursue SSI benefits for himself or herself. c. An SSD must not deny an applicant or reduce or discontinue a recipient’s TA benefits for failure to comply with pursuing SSI if the individual is physically or mentally unable to pursue SSI benefits for himself or herself, required filing unit members, or any persons the applicant, recipient, or representative indicates wishes to receive TA and who reside in the same dwelling unit. d. An SSD must not deny a TA applicant for failure to pursue SSI if the individual’s failure occurred prior to applying for TA. e. Chapter 53 of the Laws of 1992 requires local districts to implement enhanced procedures for assisting TA applicants/recipients, who appear to be disabled, to apply for and receive SSI benefits. Local district plans must be developed which specify procedures for early identification, assessment, referral with medical information, tracking and assisting clients in the SSI application and appeals process. For more information see: 08 ADM–5 “SSI – Screening/Identification, Referral and Tracking Requirements.”; attachment A; attachment B; attachment C; attachment D; attachment E; attachment F; attachment G 6. ALCOHOL AND SUBSTANCE ABUSE SCREENING, FROMAL ASSESSMENT AND REHABILITATION TREATMENT REQUIREMENTS: a. Applicants for and recipients of SNA must participate in alcohol and substance abuse screening, formal assessment and rehabilitation treatment requirements. (See TASB Chapter 25).

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b. When a mandatory filing unit member is non-compliant with the required screening, formal assessment or rehabilitative treatment for drug/alcohol abuse, a pro-rata sanction must be imposed. The member’s needs and income are included in determining the maximum non-cash SNA benefit for the household, but the benefit will be reduced by the member’s pro-rata share. c. For SNA Case Type 12, the non-cash SNA received during a sanction for noncompliance with the screening, formal assessment or rehabilitative treatment requirements for drug/ alcohol abuse counts toward the 60-month TANF limit. 7. EMPLOYMENT REQUIREMENTS – Applicants for and recipients of SNA must meet the employment requirements found in 18 NYCRR Part 385. a. Districts must advise the applicant of the requirements of complying, when applicable, with work requirements. LDSS-4148A "What You Should Know About Your Rights and Responsibilities" contains this information. b. For Temporary Assistance employment requirement information – refer to the Temporary Assistance and Supplemental Nutrition Assistance Program Employment Policy Manual or Contact your Employment Technical Advisor with employment/work requirement questions. c. The Temporary Assistance and Supplemental Nutrition Assistance Program Employment Policy Manual is accessible via the Welfare To Work Caseload Management System and CentraPort. 8. AUTOMATED FINGER IMAGING SYSTEM (AFIS) a. Finger imaging will prevent recipients from establishing more than one case in either their home district or statewide and will establish positive identity for each client. b. Enrollment in AFIS is a condition of eligibility for all TA adult or head of household applicants and recipients. c. 18 NYCRR § 351.2(a) authorizes local districts to require that FA, SNA, CAP, FAP, EAF, ESNA, Public Institutional Care for Adults (PICA) and TEAP applicants and recipients establish their identity by means of finger images as a condition of eligibility. d. Applicants who decline to be finger imaged will not have their cases opened. The entire case is ineligible. e. Recipients who fail to be finger imaged will lose their eligibility for TA. The entire case is ineligible. f.

A sanctioned individual is not exempt from finger imaging. Any adult member or head of household applying for or receiving TA must be finger imaged. If the household is applying for or receiving TA, all adult members must be finger imaged. If an adult member of the household is responsible for other members of the household, the household must be denied or the case closed if the member refuses

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to be finger imaged. If an adult member of the household is not responsible for other members of the household, that adult is removed from the case. g. An applicant or recipient who declines to be finger imaged may claim "Good Cause" for not complying with this requirement. If a local district determines that "good cause" exists, then no negative action can be taken. Good Cause exists when: (1) The applicant or recipient has a physical or mental condition which prevents compliance (2) The failure to comply is directly attributable to Office or local district error (3) There are other extenuating circumstances or reasons beyond the recipient's or applicants control whereby the applicant or recipient cannot reasonably be expected to fulfill the responsibility to comply. (4) When an applicant or recipient claims good cause, that person is responsible for furnishing evidence to support that claim. Upon a review of the evidence, the local district will determine whether to accept the claim of good cause. The final determination and the reasons for it should be detailed in the case record. 9. REQUIREMENT TO SIGN REPAYMENT AGREEMENT (LDSS-4529) and ASSIGNMEMT OF FUTURE EARNINGS (LDSS-4530) a. Applicants for SNA must as a condition of eligibility sign (2) two copies of the following forms: (1) Sign a Repayment Agreement (LDSS-4529) – which provides that, if it is determined that money is owed to the SSD because of overpayments of SNA, the applicant/recipient agrees to repay any such money that remains due after the applicant ceases to receive SNA. (2) Sign an Assignment of Future Earnings (LDSS-4530) – to secure the repayment of any money that is determined, after providing the opportunity for a fair hearing, to be owed to the SSD because of overpayments of SNA to the recipient of SNA. The signature on the LDSS-4530 must be notorized. This requirement applies whether or not there are children in the case. b. The Repayment Agreement (LDSS-4529) and Assignment of Future Earnings (LDSS-4530) forms must be signed by every adult applicant, every time a person applies or reapplies for SNA benefits. c. After a case is automatically converted from FA to SNA due to reaching the State 60month time limit, the worker must take action at the next case contact to require every adult in the case to sign the Repayment Agreement (LDSS-4529) and Assignment of Future Earnings (LDSS-4530). Refusal to sign these forms must result in the discontinuance of the SNA case. d. One (1) set of signed forms must be given to the applicant. The second set of signed forms must be placed in the case record or other location so that the forms can be retrieved if needed. New York State Office of Temporary & Disability Assistance

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e. Niether the Repayment Agreement (LDSS-4529) or the Assignment of Future Earnings (LDSS-4530) forms have to be signed at the time of recertification. f.

Applicants who are only applying for emergency SNA pursuant to 18 NYCRR § 370.3 are not required to sign the Repayment Agreement (LDSS-4529) and Assignment of Future Earnings (LDSS-4530) forms.

g. Refusal to sign either of the Repayment Agreement (LDSS-4529) or the Assignment of Future Earnings (LDSS-4530) forms must result in the denial or discontinuance of the SNA case. (1) All adult applicants for SNA must sign the Repayment Agreement (LDSS-4529) and the Assignment of Future Earnings (LDSS-4530) forms. If one adult SNA applicant who is legally responsible for other SNA applicants refuses to sign either the repayment agreement or the assignment of future earnings or both, the entire SNA case is ineligible for SNA and must be denied. (2) If an SNA applicant who is applying to become added to an active SNA case refuses to sign either or both forms and he/she is legally responsible for members of this active SNA case, the local district must deny the SNA application and close the active SNA case. 10. WELFARE OF CHILD OR MINOR – When children or minors are included in the application, the home situation shall be considered to determine whether or not the welfare of the child or minor will be safeguarded. 11. RELATIONSHIP OF APPLICANT TO CLAIMED DEPENDENTS – The applicant shall furnish information regarding the relationship of all members of the household to each other, including those who are applying for assistance and those who are not. Documentation of relationship shall be required in order to explore the possibility of securing necessary services and care and to establish the responsibility of legally responsible relatives for the support of the SNA applicants. 12. INTERIM ASSISTANCE – All adult TA applicants and recipients must, as a condition of eligibility, sign and date the common application form (LDSS-2921 Statewide), the recertification form (LDSS-3174) the Mail-In Recert/Eligibility Questionnaire (LDSS4887) or local equivelant. These forms contain the Interim Assistance Reimbursement (IAR) authorization language that permits the Social Security Administration (SSA) to withhold a Supplemental Security Income (SSI) recipient’s initial or post eligibility SSI payment, and forward it to a SSD as reimbursement for Interim Assistance (IA) paid to an SNA individual while their SSI application was pending. For more information see Section L below. 13. ABILITY OF RELATIVES TO SUPPORT a. LEGALLY RESPONSIBLE RELATIVES – For both short-term and long-term cases, the local district shall determine the existence and whereabouts of the legally responsible relatives of persons for whom application is made and the ability of such relatives to support. When legally responsible relatives are able to provide support

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to the applicant and are not doing so, the local district shall implement procedures to enforce support. b. An applicant for, or recipient of SNA, who is under the age of 21 and living apart from a legally responsible relative, is required, as a condition of SNA eligibility, to cooperate with Child Suport Enforcement Unit (CSEU) efforts to establish paternity and secure support. For Information on SNA applicants and recipients responsibility to comply with the child support enforcement program see TASB Chapter 9 Section S. c. Offer of a Home – In considering the ability of a legally responsible relative to support, the offer of a home shall be carefully explored and evaluated. (1) The evaluation shall include a determination of the reason for the separation which had occurred, and, if children, minors or other persons are members of the applicant's family unit, the advisability of a change in their living arrangements. (2) An offer of a home does not preclude consideration of eligibility for SNA. If the local district determines that the legally responsible relative is otherwise able but unwilling to contribute to the support of the applicant, the local district shall initiate appropriate action to enforce support. (3) If a single individual under 21 years old leaves home and requests housing at the local district because he/she does not want to follow the rules in the parent's home, and no parental abuse is alleged, the local district calls the parents and they say that the individual can return if he/she adheres to their rules, the individual is not deprived of parental support or care. The local district must deny assistance. (4) The case record must reflect how the above evaluation factors support the applicant's/recipient's decision to accept or deny the offer of a home. d. SOCIALLY RESPONSIBLE RELATIVES – The local district may evaluate the willingness of socially responsible persons to assist in whole or in part in the support of applicants. Where socially responsible persons have assisted in the past, the situation shall be reviewed to determine current availability of such support. (1) In considering the ability of socially responsible persons to support, the offer of a home by a person shall be included in the exploration and evaluation of resources. In considering the offer of a home, there shall be a careful evaluation of the suitability of such resource in the individual situation, including the physical and mental health of the applicant, his current living arrangements, and his personal wishes and those of his family. (2) SNA applicants and recipients may be required to cooperate with the local district in exploring potential support by socially responsible persons. Such exploration should not delay the application process or interrupt assistance at recertification. (3) The case record must reflect how the above evaluation factors support the applicant's/recipient's decision to accept or deny the offer of a home.

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14. THE REQUIREMENT TO COOPERATE WITH CSEU AND RIGHT TO CLAIM GOOD CAUSE: a. Federal and state laws and regulations require individuals who apply for TA to cooperate with the child support program. All SNA applicants and recipients must comply with the Child support requirements and procedures listed in TASB Chapter 9 Section S, “Compliance with Child Support Enforcment Program. b. Applicants and recipients must be informed of their responsibility to cooperate with the paternity establishment and support enforcement process, and of their right to claim Good Cause for refusing to cooperate. See TASB Chapter 9 Section S for more information. c. Referrals of minors to the CSEU: (1) SNA minors are required to cooperate with CSEU efforts to establish paternity and secure support. (2) SNA minors are not exempt from pursuing support from parents who are themselves recipients of TA, MA, or SSI. (3) A minor who is married, even if living with the spouse, must cooperate with establishing paternity and/or securing support from the minor's own parents. d. Legally Responsible Relative – Referral of an SNA Applicant/Recipient (A/R) to the CSEU does not abrogate the TA worker's responsibility to investigate whether a legally responsible relative is willing and able to provide an appropriate home and adequate financial support to reduce or eliminate the A/R's need for TA. 15. THE REQUIREMENT TO PURSUE ALIMONY/MAINTENANCE/SPOUSAL SUPPORT a. Federal and State laws do not permit the CSEU to provide spousal-only support services. An SNA A/R who is living apart from a spouse or ex-spouse, but is not eligible for child support services as described above, may be required to file a court petition for spousal support or maintenance as described below. An SNA A/R who is not eligible for child support services must pursue alimony/maintenance/spousal support if it is potentially available, as follows: (1) INFORMAL SEPARATION – An A/R who resides apart from a living spouse and has no action for separation, divorce or annulment pending or decreed, must petition in Family Court to establish a spousal support order. (2) If an order exists but changes in the A/R's or obligor's circumstances so warrant, the A/R must petition to increase the existing order. (3) If an order exists, but the obligor is not making the required payments, the A/R must petition to enforce the existing order. b. SEPARATION, DIVORCE OR ANNULMENT PENDING – An A/R who has an action for separation, divorce or annulment pending, but for whom the Supreme Court has New York State Office of Temporary & Disability Assistance

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not ordered spousal support, must request support in the Supreme Court action if he or she has an attorney, or petition in Family Court to establish a spousal support order. (1) If a Family Court order already exists, the individual must petition in Family Court to increase or enforce the existing order, if appropriate. c. LEGAL SEPARATION – An A/R who has obtained a legal separation must petition in Family Court to establish, increase or enforce (as appropriate) an order for spousal support, unless the separation decree states that the Supreme Court retains exclusive jurisdiction: See "Supreme Court Jurisdiction", Paragraph e below. d. DIVORCE OR ANNULMENT FINAL – An A/R who has obtained a final judgement of divorce or annulment which includes an order for alimony/maintenance to be paid to the A/R must petition in Family Court to increase or enforce the support order, as appropriate, unless the decree states that the Supreme Court retains exclusive jurisdiction. (1) If the divorce or annulment decree refers the matter of support to the Family Court, the A/R must petition in Family Court to establish a support order. (2) If the divorce/annulment decree does not address alimony/maintenance for the A/R, the Supreme Court retains jurisdiction. e. SUPREME COURT JURISDICTION – In situations where the Supreme Court has jurisdiction, the local district should require the A/R to petition in Supreme Court for alimony/maintenance/spousal support only if the A/R has an attorney or the district will provide legal representation. (1) An A/R who has good cause for refusing to pursue alimony/maintenance/spousal support, or whose good cause claim is pending determination, is exempt from cooperating with pursuing support. (2) The local district may pursue support on behalf of such A/R without his or her cooperation only if the district has determined that the individual will not be endangered. (3) Good cause criteria and procedures are described in TASB Chapter 9, Section S.13. Local districts must not include SNA cases in their quarterly reports (LDSS-3343) to the Department of IV-A/IV-D good cause claims. 16. ALIMONY/MAINTENANCE/SPOUSAL SUPPORT ONLY a. A local district's CSEU cannot secure or enforce an order which is only for alimony, maintenance or spousal support on behalf of a TA recipient. b. Current alimony/ spousal support and arrears which are owed on behalf of the TA recipient are budgeted as income to reduce the TA grant amount.

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Example 1 John Bean is an eighteen-year-old TA applicant who lives apart from his parents who, when contacted by the TA worker, state that they are not willing to have John return to their home. John's father is court-ordered to pay John $45 per month for current support and $5 per month on arrears. John is referred to the CSEU and, when he is found eligible for TA, the CSEU modifies the support order to be payable to the Support Collection Unit (SCU). From the $50 per month received by the SCU on John's behalf, $45 (current) is passed through to John and $5 (arrears) is retained toward reimbursement of John's TA grant. Example 2 Jean Smith is a 24-year-old TA applicant who lives apart from her husband. Jean verifies that she has a petition for spousal support pending in Family Court. Her case is opened in the SNA category. At her recertification interview, Jean states that she has received $45 per month for current support. The TA worker budgets the $45 per month current spousal support. Three months later, Jean reports that she has also received $10 per month for arrears. The worker budgets the $10 per month arrears payments as income to reduce Jean's TA grant. The $10 per month of countable income which Jean already received and retained in the previous three months is recouped as an overpayment. 17. TRANSFER OF PROPERTY a. A person shall not be eligible for SNA when he/she has made a voluntary assignment or transfer of real or personal property for the purpose of qualifying for such aid. Such ineligibility shall be applicable to the TA household for a period of one year from the date of transfer. b. A transfer of such property made within one year prior to the date of application shall be presumed to have been made for the purpose of qualifying for such assistance. c. If it is determined that there was no intent to defraud the agency and that the action which the applicant took at the time the property was conveyed was a normal transaction not taken for the purpose of qualifying for assistance, such transfer or assignment shall not constitute a basis for denial. d. A applicant or recipient who clearly transfers a homestead to avoid a lien would be ineligible for SNA because he transferred to qualify. A client who transfers a homestead where the local district is not seeking a lien would not be penalized because he would only be disposing of an exempt resource, not transferring to qualify. 18. NOT IN RECEIPT OF PUBLIC INSTITUTIONAL CARE – For each member of the household included in the SNA application, it shall be determined that he is not in receipt of public institutional care.

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CHAPTER 10 – SAFETY NET ASSISTANCE (SNA) Section F – Non-Financial Requirements

19. NOT ELIGIBLE FOR OR RECEIVING ASSISTANCE AS FA OR EAF – For each member of the household included in the SNA application, it shall be determined that he is not eligible to receive FA or EAF. 20. SNA TIME LIMITS a. A twenty four-month life time limit on receipt of cash Safety Net Case Type 16 is imposed on all SNA individuals not exempt from work requirements. b. The twenty-four month Safety Net Cash Assistance clock started on August 4, 1997 (this affects persons who were receiving Home Relief on this date). c. The cumulative total months of Safety Net Cash Assistance is applied against the cumulative sixty month TANF limit for adults. For example, if an adult received twenty-four months of cash in Safety Net Assistance and then becomes eligible for Family Assistance (i.e., has a child), the family can only receive Family Assistance for thirty-six months. After this time, they could receive non-federally participating SafetyNet Case Type 16 or Case Type 17. d. If an SNA household reaches the twenty-four month life time limit on the receipt of cash SNA Case Type 16 and the head of the household is exempt from work requirements or is HIV positive and not required to participate in alcohol/drug rehabilitation, the case is exempt from the twenty-four month SNA time limit and will receive cash SNA Case Type 16 instead of non-cash SNA Case Type 17 as required by 18 NYCRR 370.4(b)(1)(ii). e. The time limit exemption indicator “S” must be entered on Screen 3 of Upstate WMS (item #393 in NYC WMS) for all individuals in an SNA case that is exempt from the twenty-four month life time SNA time limit. f.

If an SNA household reaches the twenty-four month life time limit on the receipt of cash SNA Case Type 16, and the head of the household is not exempt from work requirements or HIV positive and not required to participate in alcohol/drug rehabilitation, the case will receive non-cash SNA Case Type 17.

g. The SNA time limit count does not increment for any household members receiving non-cash Safety Net Assistance because the adult in the household is sanctioned for failure to comply with drug/alcohol screening/assessment or treatment requirements. h. The twenty-four month limit for cash SNA applies to all cash SNA recipients, including children being cared for by non-applying, non-relative adults. These child only cases are commonly referred to as "Non-Parent Caregivers” (NPC) cases. i.

A cash SNA-NPC case cannot be exempted from the twenty-four month case SNA time limit because the exemption criteria of employment or HIV status is only applicable to adults in receipt of assistance.

j.

At the end of the twenty-four month cash SNA limit, each cash SNA case (including NPC cases) must be recategorized to non-cash SNA and is subject to the mandated non-cash SNA restriction hierarchy.

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CHAPTER 10 – SAFETY NET ASSISTANCE (SNA) Section G – DETERMINATION OF CONTINUING ELIGIBILITY

G. DETERMINATION OF CONTINUING ELIGIBILITY 1. CONTINUING ELIGIBILITY – Continuing eligibility for SNA must include reconsideration of all factors of initial eligibility which are subject to change, including financial need, employment and availability for employment. It must include, where indicated, consideration of presumptive eligibility for FA and classification and transfer to that category. 2. POTENTIAL SSI ELIGIBILITY – If a recipient, based on a medical statement documenting or indicating existence of a physical or mental impairment, reasonably appears to qualify for SSI benefits, or during the recertification process demonstrates behavior or symptoms suggesting potential SSI eligibility, or has reached or will before the end of the following calendar month, become 65 years of age, or otherwise appears to be eligible for SSI, his or her continuing eligibility for SNA is subject to his or her efforts to obtain SSI benefits and compliance with the conditions set forth in this Chapter 10 , Section F.5. Any determination that pursuit of SSI benefits is necessary must be included in the local district's SSI tracking procedures. See 08 ADM-5 “SSI – Screening/Identification, Referral and Tracking Requirements;” attachment A; attachement B; attachment C; attachment D; attachment E; attachment F; attachment G. 3. LIVING ARRANGEMENTS – The SNA recipient's place of residence shall be reconsidered in determining continuing eligibility. Whenever possible, dependent persons should be given assistance in their own residence, or efforts should be made to return them to their own residence when it has been determined that another form of care is not appropriate or is no longer required. 4. CONTINUANCE OR CHANGE IN SHORT-TERM STATUS – If assistance is needed beyond the short-term period as defined in this Chapter, Section I, policies governing the meeting of needs and the utilization of resources for long-term assistance shall be applied. 5. RESIDENT: ABSENCE FROM THE DISTRICT OF ADMINISTRATION – Such absence shall be evaluated according to Chapter 29, Section A. SNA may be provided when the recipient seeks or accepts employment or training available in another local district or when a recipient is temporarily absent from the dwelling unit.

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CHAPTER 10 – SAFETY NET ASSISTANCE (SNA) Section H – Determination and Payment of the SNA

H. DETERMINATION AND PAYMENT OF THE SNA 1. DETERMINATION – Determination of initial and continuing eligibility and the amount of the grant shall be based upon the State established standards of assistance. Needs shall be determined, resources explored and utilized, and the budgetary method applied. 2. PAYMENTS OF GRANTS a. SNA may be granted in cash except: (1) when the granting of cash may be deemed inappropriate by the local district because of an inability to manage funds, or (2) less expensive or more easily controlled alternative methods of payment are available (administrative ease), or (3) When vendor payments are made to landlords on behalf of individuals residing in public housing. b. Where an individual has so requested, SNA may be granted in whole or in part by restricted payment. TASB Chapter 20 explains the policy of restricting SNA grants. c. Cash assistance can be provided to SNA A/R, except to the following groups of persons, who must receive non-cash SNA only: (1) Individuals who are, or families where the head of household or any adult member required to be a member of the TA household is, determined to be unable to work due to the abuse of drugs/alcohol and the head of household or adult member is compliant with the screening, formal assessment and treatment requirements for drug/alcohol abuse. (2) Families where the head of household or any adult member required to be a member of the TA household fails to comply with the requirements for screening, formal assessment or rehabilitation treatment for alcohol and/or substance abuse. (3) Families that include an adult or minor head of household who have received sixty months of cash assistance, unless the head of household (including spouses) or any adult member of the TA household is exempt from employment requirements or is HIV positive, and not required to participate in drug/alcohol rehabilitation. (4) Cases that include individuals who have received cash SNA or Home Relief for a cumulative period of twenty-four months, after August 4, 1997, in a lifetime, including the receipt of recurring cash emergency SNA, unless the head of household (including spouses) or any adult member of the TA household is exempt from employment requirements or is HIV positive, and is not required to participate in drug/alcohol rehabilitation.

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d. Non-Cash Assistance benefits must be paid in the following manner. This methodology and hierarchy does not apply when a person is in the cash component of SNA program and the grant is restricted for mismanagement or for administrative ease. (1) Shelter Assistance (a) Local districts must make a payment for shelter by direct payment to a landlord, two-party check or other form of restricted payment up to the local agency maximum shelter allowance amount. Local districts may make a payment for a recipient's shelter in excess of such maximum, up to the deficit amount, if the recipient requests in writing that such excess amount be paid. (b) These shelter payments are subject to the provisions of Section 143-b of the Social Services Law, often referred to as the Spiegel Act. This law allows local districts to withhold restricted rent when there are violations of health and safety codes. (c) Local districts must make payment for shelter by a two-party check upon the request of the recipient. However, local districts are not precluded from making a direct payment to the landlord whenever it finds that the recipient has persistently failed to make payment for rent without good cause in accordance with the current policies for restricted payments (Part 381 of Office regulations) or for administrative ease. (d) Districts have three (3) methodologies available to satisfy the mandated shelter restriction. Each of the methodologies may produce a different amount of remaining TA deficit after the mandated shelter restriction. The remaining TA deficit amount may influence the restriction policy of the district. (i) Districts may restrict the agency maximum shelter allowance only. The district enters an "X" in the ABEL budget shelter restriction field, and the shelter cost, up to agency maximum, will be restricted prior to the restriction of domestic energy and/or heating costs. (ii) Districts may restrict the entire actual shelter cost (if the recipient requests that the excess amount be paid). The district enters a "P" in the ABEL budget shelter restriction field, a shelter cost, up to the actual amount, will be restricted prior to the restriction of domestic energy and/or heating costs. (iii) Districts may restrict the excess shelter costs that exceed the agency maximum shelter allowance (if the recipient requests in writing that the excess amount be paid) after all other restrictions are satisfied. The district enters an "S" in the ABEL budget shelter restriction field and any remaining TA deficit will be applied to the shelter cost, up to the actual amount. (e) Local districts must provide the recipient with proof of the shelter payment upon request by the recipient.

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(2) Utility Assistance (including fuel for heating) (a) Local districts must make a restricted payment for utilities on behalf of noncash SNA recipients who pay separately for utilities. (b) Utilities include domestic energy costs (energy required for lights, cooking and hot water), fuel for heating and expenses classified as a utility (i.e., water) that the applicant/recipient is obligated to pay. (c) The methodology to determine the restricted amounts for utilities can be found in the “Methods of Payment” section of the TA Energy Manual. (d) Local districts must provide the recipient with proof of the domestic utility payment upon request by the recipient. (e) The local district is not prohibited from paying the entire amount of a heatonly bill at the written request of the recipient, with appropriate reconciliation. For recipients of non-cash SNA, the local district must get the recipient's written permission before the entire heat-only bill can be paid. (i) Social Services Law § 131-s mandates and procedures take precedence when the applicant/recipient is threatened with a shut-off when they present themselves to the local district. This means that when the applicant/recipient of non-cash SNA is in a shut-off situation, the local district will not need the written permission of the non-cash SNA recipient in order to pay the entire heat-only bill. e. Non- Cash SNA Payments to Persons not Residing in their Own Home (1) Persons residing in certain residential settings have living arrangements different from those of persons residing in their own apartments or homes. Persons residing in those living arrangements have a higher standard than the maximum temporary assistance standards for persons who maintain their own homes. (2) Payments for persons in such residential settings do not fit in the ordinary payment methods for non-cash SNA. (3) For persons receiving non-cash SNA who are residing in one of the following living situations, the standards of assistance are those detailed in 18 NYCRR § 352.8 and Parts 408, 900 and 1000: (a) Negotiated Room and board situations (b) Approved residential programs for victims of domestic violence (c) Maternity homes (d) Family care (e) Residential care facilities

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(f) Residential substance abuse treatment facilities (4) The payment to the facilities or to the provider of room and board must by made by a restricted payment. (5) The personal needs allowances (PNA) must be provided in cash, except for those persons in residential substance abuse treatment facilities where it must be provided as a restricted/ conditional payment. The PNA of TA recipients required to participate in a residential substance abuse treatment program are considered “conditional” because if the client leaves the facility, prior to completion of the program, any accumulated PNA is considered an overpayment and returned to the local district, rather than to the recipient. f.

Districts outside of NYC may authorize direct shelter/room and board payment to the adult caretaker of the children in the NPC non-cash SNA CaseType 17 case. These direct shelter/R&B payments must be restricted in the Automated Budgeting Eligibility Logic (ABEL) budget and authorized to the adult caretaker separately from the recurring cash grant.

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I. EMERGENCY SNA AND SHORT-TERM SNA 1. DETERMINING INITIAL ELIGIBILITY/INELIGIBILITY Local districts must authorize SNA assistance to provide for the effective and prompt relief of identified needs which cannot be provided for under Emergency Assistance to Needy Families with Children (EAF) or FA. Emergency and short-term assistance is limited to the items, conditions and amounts which are allowed under 18 NYCRR Part 352: a. An emergency or short-term case is a case in which need is presumed to continue for a period of less than three months. b. Frequent reapplications for assistance are not considered emergency or short-term. (1) Frequent reapplications for assistance are not considered emergency or shortterm if the purpose of the frequent applications is to circumvent the normal eligibility requirements, such as work rules, for ongoing TA, they are unable to meet their normal everyday living expenses or they should be applying for ongoing TA or other benefits (i.e., SSI, Unemployment Insurance Benefits, Social Security Benefits, etc.) to meet their recurring needs. (2) When individuals make frequent reapplications for emergency assistance (for example, more than once within a three month period or a pattern of every few months), local districts should carefully review the reasons for the multiple applications to determine whether one of the above situations in b(1) exists. If so, local districts should deny emergency assistance whenever, based upon the case circumstances, the local district determines that an application for recurring assistance is more appropriate. (3) The applicant does not have to complete another application but the applicant must be provided with a notice of the denial or emergency assistance, as well as a notification of the action taken on the application for recurring assistance. (4) State Law requires payment of utility arrears for eligible households, households applying for utility arrears assistance are exempt from the frequent applications provision. c. The local district must provide necessary supervision to such cases in order to modify or terminate grants as quickly as circumstances require. 2. ELIGIBILITY FOR EMERGENCY SNA – Local districts must authorize emergency SNA only under the following conditions: a. There is an identified emergency need. An emergency is a serious occurrence or situation needing prompt action; b. The individual or household meets all of the following conditions:

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(1) The individual's or household gross income at the time of application must not exceed 125 percent of the current federal income official poverty line, as defined and annually revised by the federal office of management and budget. The 125% of federal income official poverty lines are published yearly (April). (2) A household includes all persons residing in the applicant’s house or apartment. It includes related and unrelated persons, such as lodgers, roomers and boarders, foster children and wards or employees who share the housing unit. (3) Gross income is all income on the date of application (earned, unearned, including Supplemental Security Income (SSI). c. The individual or household is without income or resources immediately available to meet the emergency need. d. Resources include, but are not limited to: cash, bank accounts, credit cards (not required of recipients), the ability to obtain advance wages from the current employer and community resources. e. If the emergency is the result of a fire, flood or other like catastrophe, or if energy emergency assistance is granted in accordance with Social Services Law § 131-s, the individual's or household’s gross income can exceed 125 percent of the federal income official poverty line. f.

The emergency need cannot be met under the Emergency Assistance to Needy Families with Children (EAF), the Home Energy Assistance Program (HEAP), FA or SNA.

g. The applicant is not disqualified from receiving recurring assistance or subject to durational sanction or the emergency did not arise because the applicant had previously been disqualified or sanctioned for failure to comply with the non-financial requirements of this Chapter, Section F. 3. ESNA AND SANCTIONED PERSONS a. When an applicant for emergency assistance is a single person whose TA case is currently closed due to a sanction, the individual is not eligible for emergency assistance, except for payment(s) of utility assistance. b. The purpose of a sanction is to impose a financial penalty when an individual or family member will not comply with program rules. Providing assistance, to an otherwise eligible person, to cover a period during which the person was sanctioned, would clearly violate the sanction requirement and must not be done. Additionally, for multi-person households where a member is, or was sanctioned for noncompliance with TA program rules, any assistance provided to meet an emergency cannot include the share of the person sanctioned for the period during which he/she was sanctioned. c. INDIVIDUAL EXAMPLES Example 1 New York State Office of Temporary & Disability Assistance

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John Brown has completed his three-month durational sanction and has reapplied for ongoing SNA. Mr. Brown will be eligible for ongoing assistance. He has told his worker that he is threatened with eviction since he has not paid his $250 rent each month for the past three months, May, April and March. He also owes for February, the last month that he received TA before the sanction began. Of the $1,000 arrears owed, the only amount that can be paid is $250 which represents February's rent and only if that will prevent the eviction. (The $250 is recoupable.) Example 2 Mr. Brown's landlord will not accept the partial payment of arrears and continues the eviction procedure. Mr. Brown now requests rent for the first month to allow him to move. Mr. Brown is TA eligible but cannot receive ongoing assistance for 45 days from application. However, emergency needs can be met during the 45 day period. Mr. Brown is eligible for the first month's rent. Example 3 Mr. Harper applied for TA at the end of his durational sanction. He now has income which makes him financially ineligible for SNA. The income is below the 125% of poverty ESNA standard. He owes rent arrears that accrued during his sanction period. When the worker explained that he is not eligible for ESNA to pay the rent arrears, Mr. Harper asked for help to move. Mr. Harper is not eligible for any ESNA since one condition for receipt of ESNA is that the emergency did not arise because the applicant had previously been disqualified or sanctioned for failure to comply (370.3(b)(4)). Note: The difference between Example 2 and Example 3 - Mr. Brown is eligible for SNA prior to the 45th day to meet an emergency. This payment is not considered Emergency SNA. That is different from Mr. Harper's situation. Mr. Harper is financially ineligible for ongoing SNA. Under 18NYCRR 370.3(b)(4), Mr. Harper is ineligible for ESNA because his emergency situation was caused by his sanction for failure to comply. Example 4 Ms. Peters was a TA recipient whose case closed due to earned income after the fraud investigator discovered Ms. Peters' employment. An Intentional Program Violation (IPV) was established and pended. Several months later, Ms. Peters applied for ESNA because her work hours had been reduced and she got behind in her rent. Ms. Peters would have been eligible for ESNA except that the pended IPV was now imposed. The period of ineligibility runs from the time of the determination that Ms. Peters would have been eligible but for the IPV.

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d. MULTI-PERSON RECIPIENT HOUSEHOLD EXAMPLES Example 1 Member Disqualified or Under an Incremental Sanction Mrs. Steele was sanctioned for two calendar months for failing to make a timely report that her son had gone to live with his father. Her needs were deleted from the 3 person TA budget and the budget is now based on the two remaining children in the household. The two-person shelter allowance is $229. The actual rent is $400 monthly. Mrs. Steele informs her worker that the rent has not been paid for the last two months. The landlord is threatening eviction if the arrears is not paid. Mrs. Steele has the ability to pay the future rent, and she agrees to a shelter restriction. However, the worker must determine what amount can be paid. The amount over the shelter allowance ($400 - $229) is $171. That amount must be prorated to determine Ms. Steel's portion. One third, ($171 x 1/3) $57 each month, must be considered Ms. Steel's portion. Of the total arrears amount, $686 ($800 - $114) can be paid, if that amount will resolve the eviction threat, and is recoupable. If the landlord will not accept a partial payment then alternate emergency assistance would be provided as needed. Note: When alternate emergency assistance is provided to the household of an individual under an incremental sanction which continues, any amount that can be identified as the sanctioned person's portion can not be paid. Example 2 Member Sanctioned for Failure to Comply With Child Support Requirements (25% reduction in needs). Mrs. Willoughbee receives Temporary Assistance for herself and her daughter. She is currently under a IV-D sanction which began four months earlier. Mrs. Willoughbee told her worker that her landlord is evicting her for non-payment of rent. She owes a total of $750 for the previous three months. Because she is asking for an arrears payment for months that she was under sanction, the $750 for which she would otherwise be eligible must be reduced by 25%. If the landlord will accept $562.50 ($750 – $187.50) to withdraw the eviction, then that amount may be paid. The payment is recoupable. If the landlord will not accept the partial payment, any other assistance to meet the emergency must be reduced by 25% while the sanction continues. Example 3 Sanctioned member - prorata benefit reduction

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Mrs. Packard was sanctioned for refusal to comply with the Drug/Alcohol (D/A) assessment requirements. The sanction resulted in a prorata reduction in the benefit of Mrs. Packard and her three children. (Although the worker took the sanction action, the case was inadvertently left in the cash category for the first two months.) After several months, Mrs. Packard agreed to comply. In the two months when she had incorrectly received the temporary assistance allowance in cash, she did not pay the rent. She informed her worker she is threatened with eviction because she owes rent for two past months. Mrs. Packard’s rent is $400 monthly. The total amount owed is $800. Mrs. Packard agrees to the continued restriction of her rent. However, the worker must determine what amount of Mrs. Packard's arrears can be paid and if the landlord will accept that amount to prevent the eviction. Mrs. Packard’s prorata share of the $800 arrears is $200 ($400 x 1/4 x 2 months). The worker determines that $600 may be paid to avoid the eviction ($800 – $200). That amount is authorized if the landlord will accept partial payment to prevent the eviction. The payment is recoupable. Note: The same arrears amount would be allowed even if Mrs. Packard continued to refuse to comply with the D/A assessment requirement. However, the continuing sanction could affect the worker's decision about whether or not Mrs. Packard could pay future shelter costs. e. E-SNA RECIPIENT HOUSEHOLD WITH MORE THAN ONE SANCTION TYPE EXAMPLES To determine the emergency amount that can be paid when a case has more than one sanction in place (or was sanctioned during the time that the emergency arose). Apply the reductions in the following order:

f.



Incremental (see d. Example 1 above), hen



25% reduction (see d. Example 2 above), then



prorata reduction (see d. Example 3 above).

ESNA – DETERMINING THE 125% POVERTY LEVEL AND IF THE SHELTER ARREARS REPAYMENT AGREEMENT IS REQUIRED Example: Mr. Branch is currently under a durational sanction. At the time the sanction was imposed, Mr. Branch did not live with his wife and therefore, the case closed. After the sanction began, Mr. Branch moved into his wife's apartment. Mrs. Branch is requesting ESNA to pay rent arrears. Mrs. Branch is not sanctioned or disqualified, so 18 NYCRR § 370.3(b)(4) does not prohibit her eligibility for ESNA. Mr. Branch's share of the arrears cannot be paid for any month in which he was living with his wife and sanctioned.

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The worker must determine if the household passes the ESNA 125% of poverty income test. The worker must also determine if the household must sign a shelter repayment agreement. Normally, when determining the "household" for the purpose of E-SNA 125% of poverty test, all persons in the dwelling unit are considered (95 INF-43). However, because Mr. Branch is in a durational sanction period, the worker compares any income of both individuals against the poverty level for one. If they pass that test, the worker compares the income of both against the TA standard of need for one to determine if the repayment agreement must be signed. If they are eligible for TA for one member based on this test, the household will not have to sign the repayment agreement. 4. CALCULATING GROSS INCOME – In calculating gross income, the local district must calculate the monthly earnings for each month as follows: a. Average the last four weeks of pay. This is done by: (1) Adding each week of pay together, and dividing by four (2) Multiplying this weekly average by a 4.333 weeks to arrive at a monthly figure b. If any of the past four weeks' pay is higher or lower than the other three because of an unusual circumstance that the worker does not expect to continue, then the unusual pay week must be discarded and the average monthly wages determined by averaging the three remaining weeks and multiplying by 4.333 weeks. Examples of unusual circumstances include: (1) Missing a week of work because of illness (2) Overtime that is not expected to last (3) Temporary closing of a plant, etc. Note: If there is no reason to believe that the high or low pay is temporary, then the average must be based on the four weeks' pay. c. The averaging method is used only if there has not been a significant change in pay. A significant change in pay is any increase or decrease that is expected to last at least thirty days. Examples include: (1) Wage or salary increase (2) An increase in the number of hours regularly worked (3) Taking a second job (4) Going from part-time to full-time employment d. Use the most current pay information when the last four weeks of pay cannot be used because there has been a significant change in pay.

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The most current pay information requires that the hourly wage rate be multiplied by the number of hours per week and 4.333 weeks per month. e. Convert non-weekly wages to an average monthly income amount by using the following conversion factors: (1) Bi-weekly wages: multiply by 2.166 (2) Semi-monthly wages: multiply by 2 (3) Monthly wages: no conversion factor required (4) Contractual wage: divide contractual wage by number of pay weeks in contract and multiply by 4.333. 5. LUMP SUM – Emergency SNA must not be used to meet needs during a period of ineligibility for TA due to the receipt of a lump sum. 6. Emergency SNA does not include MA. 7. DETERMINATION – When emergency need is met prior to the completion of investigation, the evidence on which the presumption of eligibility and need is based shall be documented in the case record. 8. AUTHORIZATION – Where the need for SNA is short-term or where emergency needs are met prior to the completion of investigation, assistance must be authorized on a one time basis or for the period during which the need is expected to continue. In cases where the need is deemed to be emergency or short-term, the grant may be limited to those items for which there is immediate need. 9. PROPERTY LIENS – When emergency or short-term SNA is granted, the local district may accept a deed for real property and/or a mortgage pursuant to Social Services Law § 106 as security for the value of assistance granted. 10. MASS EMERGENCY ASSISTANCE – When emergency needs occur on a mass basis, such as the need for mass feeding or clothing distribution and other essential items, these needs shall be considered as emergency and short-term, and shall be provided for as specified above. Names of persons requesting such assistance shall be recorded on form LDSS-880, "Register of Application and Authorization for Emergency Assistance". This form shall constitute the application. The LDSS-880, when signed by the social services official, shall serve as the authorization for such assistance. 11. TOWN SOCIAL SERVICES OFFICER – When application is made to a town social services officer, he may make an emergency grant of SNA and immediately forward the application to the county department of social services for investigation. Such investigation shall be completed within the time frame as described in 18 NYCRR § 351.8. (See TASB Chapter 5, Section I).

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12. ESNA SHELTER ARREARS Local district can only make ESNA shelter arrears payments when all of the following conditions are met: a. The individual or household is not eligible for FA, recurring SNA, EAF or EAA b. To receive a shelter arrears payment under ESNA, the household’s gross monthly income on the date of application must not exceed 125% of the federal income poverty level guidelines for that household size. These guidelines are revised annually and are effective April 1 through March 31 of the year for purposes of ESNA. c. A household includes all persons residing in the applicant’s house or apartment. It includes related and unrelated persons, such as lodgers, roomers and boarders, foster children, and wards or employees who share the housing unit. d. Gross income is all income on the date of application (earned, unearned, including Supplemental Security Income (SSI) and in-kind before any deductions are taken). This includes such income of all persons in the household as defined in c. above. e. Households that fail to cooperate in providing information necessary to determine eligibility are ineligible for shelter arrears assistance. f.

Local districts must determine to the best of their ability that the applicant/recipient has no available resources to alleviate his or her emergency need. (1) Applicants/recipients with available resources must use these resources to alleviate their emergency need. (2) Available resources include such things as money in the bank and community resources. (3) Local districts must be sure that the resource is actually available to meet the applicant’s/recipients emergency need. Before making a referral to a community resource, the district must confirm with the community resource that they are indeed able to meet that person’s emergency need.

g. The arrears payment is essential to forestall eviction or foreclosure and no other shelter accommodations are available, or the health and safety of the applicant is severely threatened by failure to make such a payment. h. Shelter arrears payments include rent, mortgage, and tax arrears i.

In order to receive an allowance to pay shelter arrears, the applicant must reasonably demonstrate an ability to pay shelter expenses, including any amounts in excess of the appropriate local district maximum monthly shelter allowance in the future. Local districts must use their discretion when determining reasonableness:

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(1) A local district must consider a client's ability to meet future rental obligations. If arrears occurred because the apartment is too costly for the client, and it is unlikely that continued rental obligations can be met, an alternative to paying the arrears may be more preferable. (2) The local district may determine that the client cannot meet the rental obligation on their income, there is no third party to assist with the rent, and income is not likely to increase in the near future. As an alternative to paying the arrears, placement in temporary housing with assistance in relocating to more affordable housing may be more appropriate than paying the arrears. j.

When in the judgment of the local district, the individual or household has sufficient income or resources to secure and maintain alternate permanent housing, shelter arrears need not be paid to maintain a specific housing accommodation.

k. A payment to prevent eviction or foreclosure may be made for the time prior to the month of application for applicants seeking emergency assistance under ESNA. l.

Current month’s rent or mortgage payment must not be considered when calculating the amount of the shelter arrears payment unless the current month’s rent is past due and there is a threat of eviction or foreclosure if it is not paid.

m. The amount of the payment is limited to a total period of six months once every five years unless the local district determines, at its discretion, that an additional shelter arrears payment is necessary based on individual case circumstances. n. Fees related to landlord's actions to evict clients or legal costs of mortgagees who begin foreclosure actions against clients are not payment for shelter, thus, such costs cannot be paid. o. Local districts may require the signing of a lien as a condition of eligibility for ESNA. p. ESNA must not be used to pay rental arrears for FA or SNA recipients. q. The authorization of the payment receives special written approval by the social services official or such other administrative officer as he/she may designate, provided such person is in higher authority than the supervisor who regularly approves authorization. r.

An applicant who is not applying for, or who is determined ineligible for recurring FA or SNA or for one-time emergency relief under EAF or EAA, who is subsequently determined otherwise eligible for ESNA, is required as a condition of eligibility to complete and sign the “ESNA Shelter Arrears Repayment Agreement”.

s. Applicants who are required to sign a Repayment Agreement but who refuse to do so are ineligible to receive shelter arrears assistance under ESNA. 13. ESNA Shelter Arrears Repayment Agreement a. The applicant must agree as a condition of eligibility for the shelter arrears assistance under ESNA to repay, within a twelve (12) month period, all of the shelter New York State Office of Temporary & Disability Assistance

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arrears assistance provided to him/her. In addition all of the conditions for receiving a shelter arrears payment outlined below must be met: (1) The household meets all of the conditions to be eligible for ESNA listed in12, above. (2) Such payment is essential to forestall eviction or foreclosure and no other shelter accommodations are available, or (3) The health and safety of the applicant is severely threatened by failure to make such payment. (4) The authorization of the payment receives special written approval by the social services official or such other administrative officer as he/she may designate, provided such person is in higher authority than the supervisor who regularly approves authorization. (5) The applicant reasonably demonstrates an ability to pay shelter expenses, including any amounts in excess of the appropriate local agency maximum monthly shelter allowance in the future. (6) The applicant must not have received shelter arrears assistance in the past five years exceeding a period of six months, unless at it’s decression, the local district determines an additional shelter arrears payment may be advisable. b. Only the applicant and his/her legal spouse may be required to sign the Repayment Agreement. c. In order to determine if an applicant for shelter arrears is required to sign a repayment agreement, local districts must complete the entire Part 1 of the “ESNA Shelter Arrears Repayment Agreement” (unless the person is already in receipt of recurring FA or SNA). d. Districts must set forth a schedule of payments that assure repayment within 12 months of the date of the shelter arrears assistance. e. The Repayment Agreement itself sets forth the amount of the arrears received, the payment schedule and the dates payments must be received by the agency. f.

Districts must clearly specify the dates for repayment by completing Part 2 of the Agreement. A specific date must be established for receipt of the first payment.

g. Districts must provide the address to which payments must be made. h. There is no requirement that the district send a bill. If the district chooses to send bills and does not send a bill, the person is still responsible for the payment. i.

General business practice dictates that a receipt should always be given when cash is received by the district.

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The language set forth in the “ESNA Shelter Arrears Repayment Agreement” must be reproduced locally, without change.

k. Part 2 of the Agreement must be completed for applicants where the local district has completed Part 1 and the answer to 1. F is “no”. l.

A copy of the Repayment Agreement must be retained in the case file.

m. Applicants who are required to sign the Repayment Agreement must receive a copy of the completed form. n. A local district currently operating under an approved local equilivant may request approval of a local change to the standard language on the repayment agreement form, including the addition of a “Confession of Judgment” provision by sending a request and copy of the draft to: NYS Office of Temporary and Disability Assistance Center for Employment and Economic Supports 40 North Pearl Street Albany, NY 12243 o. If required to do so, the applicant signs the "ESNA Shelter Arrears Repayment Agreement" to repay in full, the amount of the shelter arrears payment in a period not to exceed twelve months. (1) Subsequent assistance to pay shelter arrears under ESNA cannot be provided unless the applicant is current on payments agreed to under the original repayment agreement. (2) The local district must enforce the repayment agreement by any legal method available to a creditor including but not limited to referral to a collection agency, obtaining a judgment from a court, garnishment of wages in appropriate cases, etc. in addition to any rights it has pursuant to the social services law (i.e., ability to require liens as a condition of eligibility for assistance). (3) If an individual or household who has signed a repayment agreement, but who has not yet repaid an arrears payment in full, later becomes eligible for recurring TA any unpaid balance is suspended. p. If an applicant is applying for recurring SNA and a shelter arrears payment must be made prior to the 45th day, a repayment agreement should be signed (this is done in the event the SNA case is never opened). However, if the case is opened the repayment agreement is null and void and only the amount of arrears above the shelter maximum is recouped, as with all other applicants. q. Districts may require that recipients of ESNA for shelter arrears execute a lien on real property. The portion of the lien that represents the amount of the shelter arrears assistance which has already been satisfied by payments under the Agreement must be deducted from the amount of the lien.

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Applicants who are required to sign a Repayment Agreement but who refuse to do so are ineligible to receive shelter arrears assistance under ESNA.

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J. SUPPLEMENTAL SAFETY NET ASSISTANCE 1. SNA must not be denied or discontinued solely on the basis that the applicant/recipient is in receipt of SSI (18 NYCRR § 370.7). If an SSI recipient appears at the local district office to apply for supplemental TA, local districts are required to determine eligibility for SNA in accordance with all SNA program standards. 2. NEEDS – In determining the degree of need, all applicable SNA standards shall be utilized. While the SSI benefit level is a flat grant based on living arrangements, the SNA budget must be based on shelter needs added to the basic allowance, plus the monthly Home Energy Allowances plus any applicable special needs. Shelter needs budgeted shall not exceed the local district's maximum schedules. 3. BUDGETING NEEDS – When an SSI recipient applies for SNA, incremental budgeting (rather than proration) is used to determine the needs of SSI individuals. The following steps should be used to budget cases whenever an SSI recipient is living with an FA household and application is made for supplemental SNA in order to meet the SSI recipient's needs: a. Determine the needs of the household with the SSI recipient included. b. Determine the needs of the FA household alone. When calculating the shelter needs in the first two steps, the needs of the SSI recipient are to be considered last. c. The difference between the needs with the SSI recipient in the household and the FA household alone are considered to be the needs of the SSI recipient. (1) If the needs of the SSI child are more than the SSI living with others rate, the SSI recipient is eligible for supplemental SNA benefits. (2) If the needs of the SSI child are less than or equal to the amount of the SSI check, the SSI child is not eligible for supplemental benefits. 4. RESOURCES – An SSI recipient can have up to $2,000 of countable resources, and up to an additional $1,500 set aside to meet burial and related expenses, and still remain eligible for SSI. Under the SNA program, however, there are many more stringent restrictions on the amounts and kinds of resources a person can have. Accordingly, it is possible that an SSI recipient who is income eligible due to high shelter costs would be ineligible for SNA due to excess resources. In determining eligibility for SNA, the utilization of resources, including real and personal property, shall be treated in accordance with applicable Office Regulations. 5. INCOME – In determining eligibility for supplemental SNA benefits, earned income must be treated in accordance with the SNA rules. a. The Social Security Administration (SSA) disregards (exempts) the first $20 of a recipient's income when determining that individual's SSI grant. This $20 is not disregarded under the SNA program. New York State Office of Temporary & Disability Assistance

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b. The SSA disregards the first $65 plus one-half of the remainder of all earned income. This amount is not disregarded under the SNA program. c. In-kind income as determined by the SSA must not be considered as available income unless a separate verification of its availability is made. For more information see section K below. d

The portion of the SSI grant being recouped by the Social Security Administration must not be considered as available income [352.16(d)].

6. NOTICES – Timely and adequate notice must be given to individuals, within the state, whose Supplemental Security Income is supplemented by a grant of SNA. Whenever a local district proposes to reduce or discontinue a supplemental SNA grant to an SSI recipient, timely and adequate notice as defined in Office regulations, detailing the reason for the proposal, together with a copy of the budget, shall be sent to the SSI recipient. 7. Individuals who have a portion of their SSI cash benefits recouped by SSA, or are sanctioned from receiving SSI cash benefits, can apply for and receive SNA benefits. If an SSI recipient makes an application for Safety Net Assistance (SNA), the Social Services District (SSD) is required to determine eligibility for SNA according to all SNA program standards.

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K. TREATMENT OF SSI IN-KIND INCOME 1. The New York State Appellate Division ruled in the Rosenfeld v. Blum litigation that there is no authority to automatically presume the availability of income based upon a determination of the SSA. The court further declared that Social Services Law requires local districts consider only "in-kind" income that is actually available to the applicant/ recipient to reduce his/her need for TA. 2. Local districts should be able to utilize the Social Security Administration's records that separately identify the presence of "in-kind" income. The SSA defines "in-kind" income as any income other than cash income and must be either food, clothing, or shelter (Type "H1" on the SDX file) or something the individual can sell or convert to obtain food, clothing, or shelter (included in Type "S1" on the SDX file). 3. In addition to normal verification procedures, local districts must contact the appropriate SSA District Office to ascertain the nature and amount of the "in-kind" income which the Social Security Administration has identified in determining the level of the SSI benefit. 4. INDEPENDENT DETERMINATION OF “IN KIND” INCOME – The eligibility worker must make an independent determination as to the availability of "in-kind" income and record that determination in the case record. a. If the SSI recipient is eligible for SNA, the local social services district will open the case and promptly notify him or her that, as a condition of continuing eligibility, he/ she must provide verification within the next 30 days that he/she has applied for a reduction in the amount of the SSI "in-kind" income. b. If the SNA-eligible SSI recipient is in the "Living in the Household of Another" living arrangement, he/she must appeal any denial of his/her request for a reduction of the SSI "in-kind" income amount and exhaust the available administrative remedies to achieve the reduction. Note: The reason such SSI recipients "Living in the Household of Another" are required to return to SSA is that they were determined by SSA to be paying less than their pro-rata share of food and shelter. However, their applications for TA (or continued need for TA) indicates they may be paying more than their pro-rata share of either food or shelter. If upon return to the District Office, SSA determines this is the case they may be eligible for an SSI living arrangement category providing a higher Federal benefit. A higher Federal benefit will, in turn, lower the SNA payment. c. The SSA determines an individual to be living in the household of another if he/she is receiving free or reduced (i.e., paying less than his/her pro-rata share) food and shelter. 5. BUDGETING – Only the amount of "in-kind" income actually available to the SSI recipient shall be used to determine the level of need for SNA.

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Example 1 Mr. Brown, an SSI recipient, lives with his two adult children who are not on TA, and receives a monthly SSI check of $345.67. The total shelter expense for this apartment is $675 of which Mr. Brown pays $225. He pays less than his prorata share of the food costs. He is in the SSI Living in the Household of Another" (SDX Supplemental Code F) living arrangement and is applying for TA. (1) The eligibility worker makes an independent determination of the availability of the "in-kind" income. In this example, the worker determines that the $118.00 is not available and records that determination in the case file. (2) Since Mr. Brown is eligible for SNA, his case will be opened and his grant payment will be processed. As a condition of continuing eligibility, however, he will be referred to SSA to have the amount of his SSI "in- kind" income reduced through the SSA's redetermination process. Example 2 Mr. Fox, an SSI recipient, without other income, resides with his son and daughter-inlaw who are not on TA. Mr. Fox states he pays his son $80 per month for room and board. SSA determines that Mr. Fox is "Living in the Household of Another" (SDX Supplement code F). He is receiving a monthly SSI benefit check of $345.67. He applies for SNA. Mr. Fox fails the gross income test, has a budget surplus of $114.42 and is ineligible for SNA.

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L. INTERIM ASSISTANCE TO SSI APPLICANTS 1. DEFINITIONS Interim Assistance (IA) – Assistance furnished to an individual financed totally from State and /or local funds, for meeting basic needs and provided while the applicant is pending an SSI eligibility determination or post eligibility determination. Interim Assistance Period – The period of time between which an SNA recipient was eligible for payment of SSI benefits and the time the individual actually received an initial SSI payment or the following month if the SSD cannot promptly stop making the last SNA payment. Interim Assistance Reimbursement (IAR) – Reimbursement by SSA to the State for interim assistance furnished to TA recipients during the months their SSI applications are pending and/or during the months their SSI benefits have been suspended or terminated and reinstated. Electronic Signature – For Rest of State (ROS) (outside of NYC) a signature of the SSD representativeelectronically captured through the Welfare Management System (WMS) via the SSD representative’s user ID and password used in WMS at the time of case opening and recertification. The SSD representative’s signature may be retrieved by accessing the COGNOS Electronic Signature Report. For NYC HRA – Electronically capture the SSD representative’s signature via Paperless Office System (POS). The data from POS is an electronic record of the SSD representative’s signature and may be retrieved by accessing POS “Review Case” reports. Exclusion Cases – Cases that are too complex for the current eIAR functionality and must be processed manually. Government to Government Services Online (GSO) – a suite of applications enabling governmental organizations and authorized individuals to conduct business with and submit confidential information to the Social Security Administration(SSA). The interim assistance application is used to submit the IAR request information to the SSA. Initial Payment – The total amount of SSI benefits payable to an eligible individual (including retroactive amounts, if any) at the time the first payments of SSI benefits are made, but does not include any emergency advance payments or presumptive disability or blindness payments authorized by SSA. Initial Post Eligibility Payment – The first payment of SSI benefits made at the time SSI benefits are first reinstated following a period of suspension or termination, does not include any emergency advance payments or presumptive disability or blindness payments authorized by the SSA. Presumptive Payments – In certain disability claims where the SSI applicant is severely disabled or blind the SSA may provide presumptive payments for up to six

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months. Presumptive payments are authorized to provide SSI benefits while the disability determination is pending. Protective Filing – A written statement by an individual indicating intent to claim SSI benefits received at an SSA office or another federal or State office designated by the SSA to receive applications on behalf of the SSA or by a person so authorized. Recertification Date – The date a signed and dated recertification form is submitted to a social services district. Supplemental Security Income – SSI benefits means Supplemental Security Income payments made under Title XVI of the Social Security Act and any State supplementary payments made under Article 5, Title 6 of the Social Services Law. State Supplement – Monthly payments funded by NYS to SSI recipients and administered by the SSA. State supplement payments are added to an SSI recipient’s monthly SSI benefit. Working Days – Any normal day the Office is open is counted as a working day. Holidays and weekends are not counted as working days. 2. INITIAL AND POST-ELIGIBILITY SSI DETERMINATION a. This Office and the federal Social Security Administration (SSA) have entered into a Interim Assistance Reimbursement (IAR) Agreement. The Agreement permits local districts to recover IA for initial SSI applicants. b. The agreement also extends IAR by allowing local districts to recover IA provided to SSI recipients who were suspended or terminated and subsequently reinstated onto SSI (initial post-eligibility situations). c. The common application form (LDSS-2921 Statewide), the recertification form (LDSS-3174) and the Mail-In Recert/Eligibility Questionnaire (LDSS - 4887 /M327h[NYC]) or local equivelant contain the IAR authorization language that permits local districts to recover IA for initial SSI applicants. They also contain the IAR authorization language that permits local districts to recover IA for initial posteligibility recipients. d. A signed authorization applies to any IA paid to an SNA applicant or recipient. e. The SSD must capture an SSI applicant, recipient or their representative’s signature and an SSD representative’s signature on the IAR authorization as instructed in 08 ADM-11, Interin Assistance Reimbursement (IAR) Consolidated Policy and Procedures and 10 INF-15, Temproary Assistance (TA) Policy implications Regarding Electronic Interim Assistance Reimbursement (e-IAR) Activation.. The signature of the SSDs representative may now be captured electronically. Please refer to 14 ADM-02, The Use, Capture and Reporting of an SSD’s Representative’s Signature on Interim Assistance Reimbursement (IAR) Authorizations, for complete information on the ability to use, capture and report the electronic signature of a Social Services District (SSD) representative’s signature on the Interim Assistance

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Reimbursement (IAR) authorization as required by agreement with the Social Security Administration. f.

The authorization remains valid until SSA has made a final determination on the SSI applicant or recipient's claim or until the State and applicant or recipient mutally agree to terminate the authorization. See 13 LCM-15, Document Packet for Fair Hearings Related to Interim Assistance (IAR).

3. ADMINISTRATIVE RESPONSIBILITIES AND PROCEDURES a. If an applicant or recipient is determined eligible for IA, the SSD must issue interim assistance for as long as eligibility continues. b. SSDs must timely calculate the amount of IA to be recovered. c.

In all circumstances, when the SSD receives an e-mail notification from SSA that IA data is required, the SSDs must provide SSA with the information within a maximum of 25 working days from the date the SSD received the e-mail notification. Ideally, SSDs should provide SSA with the required IA data within 10 working days of receiving an e-mail notification. If an SSD fails to comply within the 10 working day timeframe, an additional 15 working days will be provided. If the SSD fails to provide SSA with required IA data within a maximum of 25 working days from the date the SSD received an e-mail notification, the system will automatically send the entire initial SSI payment directly to the recipient in accordance with SSA rules and the SSD will not receive any IAR. See 09 ADM-18, Temporary Assistance (TA) policy Implications of Implementation of Electronic Interim Assistance Reimbursement (eIAR).

d. The TA household’s eligibility must be immediately reevaluated and appropriate action must be taken including, if necessary, reducing or discontinuing assistance. The SSD may use electronic or non-electronic notification from the SSA as documentation that a TA applicant or recipient has been determined eligible for SSI. If the SSI income changes a TA recipient's grant amount or results in ineligibility for TA, an adequate notice must be provided. Timely notice is not required. e. Within ten working days of the SSD receiving the IAR payment from the SSA, the SSD must provide every TA recipient with a complete accounting of his/her SSI benefits withheld as reimbursement for IA by completing and mailing a LDSS-2425A “Repayment of Interim Assistance Notice” (Rest of State) or Local Equivalent (LE). f.

If a local district becomes aware that it has incorrectly recovered TA funds for a benefit that the SSI recipient did not actually use (benefits not redeemed or benefits that were cancelled), or for any other reason, it must return the amount of the incorrectly recovered benefit(s) to SSA to be distributed to the recipient according to their rules.

g. For districts outside of New York City (NYC), the Benefit Issuance Control System (BICS), Cash Management System (CAMS) or district accounting records must be reviewed to determine if an overpayment was paid to, or on behalf of, an SNA recipient during the IA period. Any overpayment issued to an SNA recipient via BICS during the IA period can be recovered from the individual’s initial or post eligibility New York State Office of Temporary & Disability Assistance

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SSI payment. For NYC all system or accounting records must be reviewed to determine if an overpayment was paid to, or on behalf of, an SNA recipient during the IA period. h. The SSD must determine if any recoupment amounts deducted from the Automated Budgeting Eligibility Logic (ABEL) budget during the IA period can be recovered. SSDs can recover the entire amount of an SNA grant paid during the IA period, including the amount withheld by recoupment for overpayments that originated prior to the IA period. i.

If IA was recovered by any other means, such as, a lawsuit settlement, lottery offset, and/or lien, the IA amount must be reduced to reflect the recovery. For information regarding overpayment/repayment refer to GIS 04 TA.DC006.

j.

The SSD must determine if during the IA period multiple SSDs provided IA to the same individual. If so, the SSDs must follow the instructions in Section L, Chapter10.

k. SSDs must maintain accurate accounting records for each individual for which the SSD receives IAR from the SSA. These records must at a minimum include the following information: 1. 2. 3. 4. l.

The amount of the IAR payment received from SSA The amount of IA paid to the individual The date the IAR payment was received by the SSD from SSA Documentation to support the amount of IA recovered

Accounting records must be available for inspection by this Office and by SSA.

m. All IAR case processing records such as forms from the SSA, application/ recertification forms, and SNA payment records, must be maintained for at least six years. 4. Interim Assistance Period a. The interim assistance period is the period of time between which an SNA recipient was eligible for payment of SSI benefits and the time the individual actually received an initial SSI payment or the following month if the SSD cannot promptly stop making the last SNA payment. (1) Initial Eligibility refers to the period of time between which an individual applied for SSI benefits and the time the individual is eligible to receive an SSI payment. (2) For initial eligibility, the IA period begins with the first month the individual was eligible for payment of SSI benefits and ends with and includes, the month in which the initial SSI payment is received or the following month if the SSD cannot promptly stop making the last SNA payment. (3) Example: An individual applied for SSI on June 25, 2011. On October 6, 2012 the SSD received an e-mail that the individual was eligible for an SSI payment retroactively from July 1, 2011 to October 31, 2012 with ongoing SSI payments New York State Office of Temporary & Disability Assistance

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beginning on November 1, 2012. The individual continuously received SNA benefits effective August 1, 2011. The individual received an SNA payment and was eligible to receive an SSI payment for the entire time period he received TA. The IA period is from August 2011 to October 2012. (4) Post Eligibility refers to the period of time when an SSI recipient’s benefits were wrongfully terminated and subsequently reinstated. (5) For Post Eligibility, the IA period begins on the first day for which a TA recipient’s SSI benefits were retroactively reinstated after a period of wrongful suspension or termination, and ends with the month the individual’s SSI benefit payments resume, or the following month if the SSD cannot promptly stop making the last SNA payment. Example: An individual’s SSI benefits were wrongly suspended on January 1, 2012. On January 3, 2012 the individual applied for TA. The individual received SNA beginning February 16, 2012. On March 2, 2012 the SSD received an e-mail of initial post eligibility for the payment period from January 1, 2012 to March 31, 2012, with notice of ongoing SSI benefits to begin April 1, 2012. The IA period is from February 2012 to March 2012. b. Once notification is received that a r ecipient is eligible for an S SI initial or post eligibility payment the household’s eligibility must be i mmediately reevaluated and appropriate action must be taken including, if necessary, reducing or discontinuing assistance. In addition, reasonable effort must be taken to timely stop the last SNA payment from being issued. 5. Interim Assistance Reimbursement Calculation All of the following actions must be performed to determine the amount of IA that can be recovered directly from the Social Security Administration. a. Determine the IA period. b. Determine the SSI initial eligibility payment period. The SSI initial eligibility period is the period of time between which an SSI recipient was eligible to receive SSI payments and the time ongoing SSI payments began. Example: An SSD received a payment summary notification from SSA that reflected Mr. Brady was eligible to receive SSI of $690 per month from July 1, 2012 to September 30, 2012 and ongoing SSI payments to begin on October 01, 2012. The initial SSI payment period is July 1, 2012 to September 30, 2012. c. Do not recover any payments that are federally funded including such as the following:

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(1) Home Energy Assistance Payments (HEAP) (2) Supplemental Nutrition Assistance Program (SNAP) benefits (3) Emergency Assistance to Families (EAF) (4) Family Assistance (FA) benefits (5) Employment payments financed with federal funds d. Do not recover any non-cash SNA-Federally Participating, Case Type 12, payments (SN-FP). e. Do not recover any presumptive SSI benefits received by the recipient during the IA period. f.

Determine the amount of SNA payments issued (date of benefit) to the recipient during the IA period. These payments include: (1) SNA payments Case Type 16 (SN - CSH) and 17 (SN - FNP) (2) Veterans Assistance payments (3) Institutional Care for adults pursuant to 18 NYCRR Part 371 which allows for cost incurred to shelter adults in a city or county home (4) Foster Care payments funded totally from State and local funds (i.e., no federal funding). For more information see 94 ADM-01.

g. The SNA amount issued to a recipient during the IA period may include the following: (1) Any recoupment amount subtracted from the ABEL budget during the IA period to repay overpayment claims that apply to overpayments that originated prior to the IA period. (2) Any payment for basic needs made from 100% State or local funds paid during the IA period regardless of whether or not the payments are for expenses incurred during the interim period. For example, an SSD can recover the amount of SNA paid for fuel during the interim period even though the bill was for fuel provided prior to the interim period. Conversely, a bill for fuel received during the interim period but paid by the SSD after the IA period cannot be recovered. An exception is the payment for energy restrictions must be within the IA period. (3) The total monthly amount of SNA paid can be recovered from the total sum of the recipient’s initial SSI payment as long as, for the month SNA was paid, the recipient was eligible to receive both an SNA payment and an SSI payment. For example, a single SNA individual was eligible to receive SNA payments from January 1, 2011 to June 30, 2011. The SSI eligibility period was February 2011 to June 2011, (the ongoing SSI payment began July 2011). During the IA period the recipient received the following SNA payments and was eligible to receive the following SSI payments: New York State Office of Temporary & Disability Assistance

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Recipient Income

IA Payments

SSI

January February March April May June

.0 0 0 340 0 0

352 600 352 12 352 352

0 424 724 724 724 724

Total

340

2,020

3,320

In February, the SNA payment of $600 included a payment for emergency housing. Even though the SNA recipient was only eligible to receive $424 in an SSI payment, the entire $600 of SNA paid to the recipient in that month can be recovered from the total initial SSI amount. No IA amount can be recovered for the month of January because both an SNA and an SSI payment were not received for that month. h. Do not recover any IA made prior to the SSA’s determination of initial SSI eligibility. i.

Do not recover any IA for any month that the recipient was not eligible to receive both an SNA payment and an SSI payment. Example: An SNA recipient is eligible for an initial SSI payment. SNA payments were paid as follows: Date of Payment 10/18/11 10/18/11 11/01/11

Date of Service

Amount

09/06/11-09/30/11 10/01/11-10/31/11 11/01/11-11/30/11

$336.00 $336.00 $336.00

Information from the SSA provided the following summary of initial SSI eligibility payments that the individual was determined eligible to receive: From

To

Amount

08/11 09/11 01/12 02/12

08/11 12/11 01/12 02/12

$710.00 $ 0.00 $103.38 $447.67

Zero IA can be recovered from the initial SSI payment. Districts must not recover any IA for any month that the recipient was not eligible to receive both an SSI payment and an SNA payment. The September 06, 2011 service date was not paid until October 18, 2011, and the recipient did not receive any initial SSI for the month of October or any other months an SNA payment was made; therefore zero can be recovered. j.

For New York City (NYC) the WMS Benefit Issuance History inquiry along with other additional NYC issuance systems can be used to determine payments made to the

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recipient. For SSDs outside of NYC, BICS can be used to determine payments made to the recipient. k. SSDs outside of NYC can request the Case Record of Assistance Report through BICS Production Request (BPR) 44. The report can be requested for a specific case number and time period. It is recommended that the requested “from” and “to” dates be at least one month greater than the actual SSI period to ensure that all eligible payments are included on the report. 6. SSA Methods for Payment of Interim Assistance Reimbursement The SSA disburses an SSI recipient’s initial SSI payment via e-IAR. The e-IAR process is a project designed, implemented and mandated by the SSA to automate the IAR payment process by utilizing a SSA secure website known as Government-toGovernment Services Online (GSO). The SSA computerized process allows the SSA to determine the payment due to an SSD automatically based on the SSD worker’s reported IA payment information inputted into and transmitted through the GSO website. In addition, the system retains an electronic record of this determination for review; automates the SSA notice to the SSD processes with a comprehensive e-mail alert system; and, automatically notifies SSD workers via e-mail of the reimbursement determination and payment. The e-IAR process does not change SSD notification requirements; the actions needed to obtain IAR authorization; the way the SSD determines the IA period; or, the manner in which the SSD calculates the IAR amount. Once SSA receives the required IA data via the GSO, they will calculate the amount of IAR due to the SSD and send any reimbursement to the SSD by direct deposit using the Automated Clearing House (ACH). 7. Required Agency Actions When an IAR Payment is Received from SSA: a. Re-evaluate the household’s TA eligibility and take appropriate action if necessary, by reducing or discontinuing assistance. An adequate notice must be provided. Timely notice is not required. b. Send to any other SSD which provided IA during the IA period their portion of the IAR payment. c. Within ten working days of the SSD receiving the IAR payment from the SSA, complete and send the: LDSS-2425A “Notification of Repayment of Interim Assistance” (Rest of State) or the LDSS-2425A (LE) (NYC). d. Maintain all IAR case processing records for at least six years. 8. Interim Assistance Calculation for an Individual Who is Part of a Multi-Person Household a. The incremental budgeting method must be used to determine the amount of IA that can be recovered from the initial SSI benefit of an individual who was part of a multiperson household. Incremental budgeting is: New York State Office of Temporary & Disability Assistance

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(1) The difference between the SNA benefits the family received during the IA period with the SSI recipient included in the household count, and his/her income and/or additional allowance(s) budgeted; and (2) The amount of SNA the family would have received during the IA period with the SSI individual deleted from the household count along with the deletion of the SSI individual’s income and additional SNA allowance(s). b. To determine the amount of IA to be recovered from a multi-person household, complete the following steps: (1) Determine the IA period (2) Determine the actual amount of SNA the family received during the IA period with all household members (including the SSI recipient) included in the household count, all income, and additional allowances included in the budget (3) Determine the amount of SNA the remaining household members would have received during the IA period. Be sure to delete the SSI individual from the household count and delete his/her income and or additional allowances from the budget (4) Subtract the total of number (3) from the total of number (2) c. SSDs cannot recover emergency SNA provided to members of a multi person household that includes an SSI recipient during the IA period, unless the district can determine that the assistance provided was specifically for the SSI individual. For example, the amount of the SSI recipient’s share of a utility shut-off payment made to a multi person household during the interim period cannot be distinguished from the other household members and therefore cannot be recovered. However, an emergency payment directly attributable to the SSI recipient, such as a restaurant allowance, can be recovered. d. Special consideration is required when family members form a filing unit and the SSI family member would be a required filing unit member but for the receipt of SSI. TA eligibility for remaining household members must be determined as follows: (1) For TANF-funded cases (Case Types 11 and 12), an individual in receipt of SSI is not included in the case’s household or case count. Additionally, the individual’s income is not considered in determining the eligibility of the remaining household members. Example: A husband, wife, and a 6-year-old child in common reside together and the child is an SSI recipient. The family is in receipt of FA. The case would not include the SSI child or the child’s income in the case. Therefore the case is budgeted as a household (HH) of 2 and case (CA) of 2. (2) For SNA cases (Case Types 16 and 17), you must determine if the household is subject to Rice proration budgeting, Rice budgeting applies only when: New York State Office of Temporary & Disability Assistance

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(a) The SSI recipient is a “legally responsible relative” (LRR), and (b) There are no children on the case under age 18 (or age 18 and in full-time secondary school or the equivalent). (3) When the SSI recipient is also a legally responsible relative, the SSI recipient is included in the household count, but not the case count. (Rice Budgeting, 94 ADM-10). Example A husband, wife, and 20-year-old daughter reside together and the wife is an SSI recipient. The husband and wife are legally responsible for each other and for the daughter who is under 21. The SSI wife/mother is included in the household count but not the case count, therefore the case is budgeted as a household (HH) of 3 and case (CA) of 2. (4) No SNA case that is eligible to be claimed for Maintenance of Effort (MOE) can have the Rice proration applied even if the child is not active on the case. Example A husband, wife, and a 12 year-old child in common reside together and the wife is an SSI recipient. The family is in receipt of SNA (case type 16) after exhausting TANF-funded benefits and transitioning to SNA. Because this is an SNA/MOE case, we would not include the SSI wife or the wife’s income in the case. Therefore, the case is budgeted as a household (HH) of two and case (CA) of two. e. The following are four (4) examples that will illustrate the steps needed to calculate IAR for multi-person households: Example 1: Two Person Household – One receives SSI Mr. and Mrs. Warren applied for TA benefits on January 5, 2012. They began receiving cash SNA benefits on February 18, 2012. Based on a review of Mr. Warren’s medical documentation, the SSD determined that he may be eligible for SSI and required Mr. Warren to apply for SSI as a condition of eligibility for TA. On July 15, 2012, the SSD received e-mail notification that Mr. Warren was eligible to receive an initial SSI benefit effective May 1, 2012. Ongoing SSI payments began August 1, 2012. Step 1: Determine the IA period. The IAR period is three months May 2012 through July 2012. Step 2: Determine the amount of SNA the family received during the IAR period with the SSI recipient and his/her additional allowances and income included in the budget/household count. The amount of SNA the two person household received during the IA period is $1,605 ($535 x 3). New York State Office of Temporary & Disability Assistance

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Step 2 is illustrated with the following ABEL budget:

Step 3: Determine the amount of SNA the remaining household members would have received during the IAR period with the SSI recipient and their additional TA allowances (if any) and/or income deleted from the budget/household count. The amount of SNA that a one person household would have received is $1,224 ($408 x3).

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Step 3 is illustrated with the following ABEL budget:

Step 4: Determine the amount of IA that can be recovered by subtracting the total of step number 3 from the total of step number 2. The SNA amount the household received during the IAR period with the SSI recipient included in the budget/ household count was $1,605. The amount of SNA the household would have received during the IAR period with the SSI recipient removed from the budget/household count is $1,224. The amount of IAR that can be recovered is $381($1,605-$1,224). The SSD would request from the SSA via the Government to Government Services (GSO) application an interim assistance reimbursement of $381. Example 2: Multi- Person Household and One Parent receives SSI Mr. and Mrs. Smith applied for TA. Due to reaching the State 60 month time limit Mr. and Mrs. Smith and their three children began receiving SNA- FNP (case type 17) effective August 1, 2011. Any TA the family received prior to August 8, 2007 was claimed as FA. On May 2, 2012, the SSD received an e-mail notification from the SSA that Mr. Smith was eligible to receive SSI effective December 1, 2008. Ongoing SSI payments began June 1, 2012.

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Step 1: Determine the IAR period. The IAR period is August 2011 through May 2012. Step 2: Determine the amount of SNA the family received during the IA period with the SSI recipient and their additional allowances and income included in the budget/ household count. The amount of SNA the five person household received was $10,100 ($1010 x 10). Step 2 is illustrated with the following ABEL budget:

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The following budget represents the time 01/01/12 to 05/31/12

Step 3: Determine the amount of SNA the household members would have received during the IAR period with the SSI recipient and their additional TA allowances (if any) and/or income deleted from the budget/household count. The amount of SNA a four - person household would have received if the SSI recipient was removed from the household count is $8,620.00 ($862 x 10). Step 3 is illustrated with the following ABEL budgets:

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Step 3 ABEL budget:

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The following represents the time period from 01/01/12 to 5/31/12

Step 4: Determine the amount of IA that can be recovered by subtracting the total derived from step number 3 from the total derived from step number 2. The SNA amount the household received during the IAR period with the SSI recipient included in the budget/household count was $10,100. The amount of SNA the household would have received during the IAR period with the SSI recipient removed from the budget/household count is $8,620. The amount of IAR that can be recovered is $1,480 ($10,100-$8,620). Example 3: Child Receives SSI Plus Household Receives an Emergency Utility Payment During the IAR Period Due to reaching the State 60 month time limit, Mr. and Mrs. Sawyer and their three children began to receive non-cash SNA (case type 17), effective May 1, 2012. On June 15, 2012 the family received an emergency utility payment of $433 due to a utility disconnect. On July 18, 2012, the SSD received the e-mail notification from SSA that the Sawyer’s 2 year old son was eligible to receive SSI effective January 1, 2012 Ongoing SSI payments began August 8, 2012. Step 1: Determine the IAR period. The IAR period is May 2012 through July 2012.

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Step 2: Determine the amount of SNA the family received during the IAR period with the SSI recipient and their additional allowances and income included in the budget/ household count. The amount of SNA the five - person household received during the IAR period is $3,030 ($1010 x 3). Step 2 is illustrated with the following ABEL budget:

Step 3: Determine the amount of SNA the household would have received during the IAR period with the SSI individual and their additional TA allowances (if any) and/or income deleted from the budget/household count. The amount of SNA a four person household would have received is $2,586 ($862 x 3).

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Step 3 is illustrated with the following ABEL budget:

Step 4: Determine the amount of IA that can be recovered by subtracting the total derived from step number 3 from the total derived from step number 2. The SNA amount the household received during the IAR period with the SSI recipient included in the budget/household count was $3,030. The amount of SNA the household would have received during the IAR period with the SSI recipient removed from the budget/ household count is $2,586. The amount of IAR that can be recovered is $444 ($3,030-$2,586).The emergency utility payment of $433 the family received cannot be recovered as IAR because the SSD cannot determine that the assistance provided was specifically for the SSI recipient. Example 4: Multi-Person Household and Pregnant Mom Receives SSI Meleah Thayer, a pregnant mother, and her two children applied for TA on November 11, 2011. Due to reaching the State 60 month time limit, the household was determined eligible for SNA-FNP benefits effective December 19, 2011. Meleah Thayer is eligible for a pregnancy allowance. On August 12, 2012 the district received e-mail notification from SSA notifying the SSD that Ms. Thayer is eligible for an SSI payment of $626.00 monthly for the period of October 1, 2011 to August 31, 2012. Ongoing SSI benefit to begin effective September 1, 2012.

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Step 1: Determine the IAR period. The IAR period is December 2011 through August 2012. Step 2: Determine the amount of SNA the family received during the IAR period with the SSI recipient and their additional allowances and income included in the budget/household count. The amount of SNA a three person household received during the IAR period is $6166.20. The $6166.20 includes $470.20 for the period of 12/19/11 to 12/31/11and $5,696 ($712 x 8) for the period of 01/01/12 to 8/31/12. Step 2 is illustrated with two ABEL budgets. Two Abel budget are needed to accurately calculate the initial budget effective 12/19/2011 to 12/31/2011 and the ongoing budget effective 01/01/12 to 08/31/12. The following Abel Budget it the initial budget effective 12/19/2011 to 12/31/2011 with three in the household.

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The second ongoing budget effective 01/01/12 to 8/31/12 reflects three in the household count:

Step 3: Determine the amount of SNA the household would have received during the IAR period with the SSI recipient and their additional TA allowances (if any) and/or income deleted from the budget/household count. The amount of SNA a two – person household would have received is $4,188.60. The $4,188.60 amount includes $324.60 for the period of 12/19/11 to 12/31/11 and $3,864 ($483 x 8) for the period of 01/01/12 to 8/31/012 Step 3 is illustrated with the following two ABEL budgets. Two Abel budget are needed to accurately calculate the initial budget effective 12/19/2011 to 12/31/2011 and the ongoing budget effective 01/01/12 to 08/31/12. The following Abel Budget is the initial budget effective 12/19/2011 to 12/31/2011 with two in the household.

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The second ongoing budget effective 01/01/12 to 8/31/12 reflects two in the household count:

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Step 4: Determine the amount of IA that can be recovered by subtracting the total derived from step number 3 from the total derived from step number 2. The SNA amount the household received during the IAR period with the SSI recipient included in the budget/household count was $6,166.20. The amount of SNA the household would have received during the IAR period with the SSI recipient and her additional pregnancy allowance removed from the budget/household count is $4,188.60. The amount of IAR that can be recovered is $1,977.60 ($6,166.20 – $4,188.60). 9. Multiple Social Services Districts Provided Interim Assistance a. When more than one SSD provided IA during the IA period, the SSA must send the IAR email notification and any IAR to the SSD that has a valid IAR authorization in SSA’s computer file. Therefore, the SSA will distribute an SSI recipient’s entire IAR reimbursement to only one SSD and that SSD must calculate and distribute any other SSD’s share of the IAR amount. b. The SSD that receives the SSA email notification must research and review the individual’s SSI eligibility period to determine if the SSI recipient was eligible to receive SSI benefits prior to, or beyond, the time the district provided IA. If so, the SSD must review WMS inquiry to determine if any other SSD is entitled to IAR. See New York State Office of Temporary & Disability Assistance

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09 ADM 18 – Temporary Assistance (TA) Policy Implications of Implementation of Electronic Interim Assistance Reimbursement (e-IAR). If an SSD received an SSA e-mail notification for an individual who lived in their district and the individual received Safety Net Assistance (SNA) benefits for two months but the initial SSI eligibility period is for 12 months, the SSD must review WMS to determine if any other SSD issued IA to the recipient during the SSI eligibility period. c. The SSD that receives the SSA e-mail notification is the SSD that must provide the required IA data to the SSA for all SSD(s) that provided IA to the recipient during the IA period. Accordingly, the original district must contact the other SSD(s) and instruct them to provide the total IA amount paid during the IA time period in enough time to meet the prescribed SSA reporting time frame. d.

If the original district fails to research and/or notify other SSD(s) that IA information is needed to correctly calculate the amount of IAR to be requested from the SSA, the other SSD(s) will not receive any IAR and will not have any recourse from the original SSD or the TA recipient to collect IA.

e. If the SSD requesting the information does not receive the information from the other SSD(s) in enough time to process the IA data, the SSD(s) that failed to comply with the prescribed timeframe will not receive their share of IAR. f.

To determine the IAR contact for an SSD, the original district may contact the TA/IM director of any other SSD that must provide IAR data. An SSD’s TA/IM director contact information is available on CentraPort.

g. When the first SSD receives the required information from the other SSD(s), the first SSD must, in the time periods prescribed: (1) Calculate the total amount of IA the TA recipient received from all SSD(s) during the IA period. (2) Calculate the amount of IAR each SSD is to receive. (3) Timely access the e-IAR SSA website and input all required IAR data. (4) Disburse the IAR received by the SSA to all SSD(s) that are due IAR by sending a check in the amount each district is due with a copy of a completed LDSS2425A “Repayment of Interim Assistance Notice” or NYC LDSS-2425A LE (5) Complete and send one LDSS-2425A or NYC LDSS-2425A LE to the TA recipient designating how the SSD calculated IAR. The “remarks” section of the form can be used to notify the recipient of the name of any other SSD(s) that provided IA, the IA period that any other SSD(s) provided IA, and the amount of IA provided by other SSD(s).

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10. IAR and Fuel and Domestic Energy Costs a. If during the IA period a single SNA recipient’s fuel and/or domestic energy costs are restricted from the ABEL budget, and the SSD pays the recipient’s actual utility or fuel bill to a vendor for the same period, the actual amount paid to the utility or fuel vendor during the IA period is considered IA and can be recovered. Normal reconciliation procedures apply. b. If during the IA period a single SNA recipient’s energy reconciliation is completed and the amount paid to the fuel and/or domestic energy provider by the SSD is more than the amount restricted from the recipient’s TA grant the individual has been overpaid and an overpayment is established. The overpayment amount can be recovered from the individual’s initial or post eligibility SSI payment as IA. Any amount not recovered by IAR is subject to recovery and recoupment. For more information on overpayments and IAR see Section L.12 below. c. If an energy reconciliation is completed for a single SNA individual after the IAR amount has been calculated and received from the SSA and the amount paid to the fuel and/or domestic energy provider by the SSD is more than the amount restricted from the recipient’s TA grant and/or recovered by IAR, the recipient has been overpaid and is subject to recovery and recoupment. d. If an energy reconciliation is completed for a single SNA individual after the IAR amount has been calculated and received from the SSA and the amount paid to the fuel and/or domestic energy provider by the SSD is less than the amount restricted from the recipient’s TA grant and/or recovered by IAR, the recipient has been underpaid and the district must take one of the following actions: (1) Apply the underpayment against any outstanding overpayment; or (2) If there is no outstanding overpayment, issue a refund to the recipient; or (3) If the overpayment is less that the underpayment, apply the underpayment against the overpayment and issue the remainder to the recipient. e. If during the IA period, an SNA recipient who is part of a multi-person household has fuel and/or domestic energy costs restricted from the ABEL budget, and the SSD pays the recipient’s actual utility or fuel bill to a vendor for the same period, the SSD must not recover as IA the actual amount paid to the utility or fuel vendor. The SSI recipient’s share of the fuel and/or domestic energy costs is determined by using the incremental budgeting method. Normal reconciliation procedures apply, including establishing an overpayment that can be recouped from the remaining eligible family members TA case. 11. Interim Assistance and Overpayments a. Overpayment(s) paid to, or on behalf of, a TA recipient via the BICS system during the IA period can be recovered from the individual’s initial or post eligibility SSI payment as IA. b. Any overpayments paid to a TA recipient are reflected in BICS, including payments issued by check, Electronic Benefit Transfer (EBT) and voucher. To identify New York State Office of Temporary & Disability Assistance

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overpayments paid to a recipient during the IA period, review the BICS Issued Direct Payment lists and the Non-SVCS - Issued Indirect checks. Example On 3/1/2012, a single TA recipient received $200 to forestall an eviction. The IA period is February 2012 to May 2012. The $200 paid to forestall an eviction is issued via BICS on 3/1/2012 and is reflected in the Non-SVCS – Issued Indirect checks list. On 3/10/2012 a $200 overpayment was entered into CAMS. Since this overpayment is paid within the IA period, the entire $200 can be recovered as IA. The $200 overpayment claim in CAMS is closed. c. If the amount of the IAR received from SSA repays the entire balance or reduces the balance of the overpayment (s), the SSD must accordingly close or reduce the balance of the overpayment claim(s) in CAMS, or other record keeping system. d. Overpayments that were incurred prior to the IA period it cannot be recovered. 12. Interim Assistance Recovery of Recoupment a. The entire amount of SNA paid during the IA period, including the amount withheld by recoupment to reduce overpayment(s) that originated prior to the IA period. To determine the amount of a recoupment that can be recovered, the time period of the overpayment being recouped must be determined. b. If the recoupment is for an overpayment that occurred during the IA period, the recoupment amount cannot be recovered as IA because the amount of assistance granted to the recipient would reflect a reduced amount equal to the recoupment. For SSDs outside of NYC, any payments issued during the IA period are listed in the BICS. Therefore, the original overpayment amount is included in the IAR calculation. c. If the recoupment is for an overpayment that originated prior to the IA period, the entire amount of recoupment(s) deducted from the ABEL budget during the IA period can be recovered as IA. Example: An SNA recipient received an overpayment of $500 prior to the IA period. During the IA period, the recipient is eligible for a $300 a month grant but $30 per month of the grant amount is recouped, producing an SNA benefit of $270 per month. Since the overpayment originated prior to the IA period, the $500 cannot be recovered as IA. However, the SSD should recover the full $300 per month grant from the recipient’s initial SSI payment. Any overpayment balance should be adjusted according to standard recovery procedures. d. To determine the amount of recoupment that can be recovered, the SSD worker must review the BICS Case Record of Assistance for each payment issued. SSDs are encouraged to maximize the recovery of IA by pursuing the recovery of recoupment. Note, however, that the required time frames listed in the “Agreement for Reimbursement to State for Interim Assistance Payments between the Social New York State Office of Temporary & Disability Assistance

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Security Administration (SSA) and the State of New York” must be adhered to, and met. 13. Multiple Overpayments Paid During the IA Period that Originated Prior to the IA period a. If a TA recipient has multiple overpayments that are incurred during the IA period, all of the overpayments can be recovered as IA from the initial SSI payment. b. If the TA recipient has multiple overpayments that originated prior to the IA period, only the recoupment recovered from the ABEL budget, during the IA period, can be recovered. c. If the TA recipient has a current recoupment in the ABEL budget for an overpayment that originated prior to the IA period, and they have additional overpayment(s) that were paid during the IA period, and are pending recoupment, the SSD can recover the amount recouped from the SNA grant during the IA period, plus the total of the overpayment(s) paid during the IA period. Example: A single SNA individual receives an overpayment of $500 prior to the IA period that is being recouped from the ABEL budget. An additional overpayment of $200 was paid during the IA period for a utility reconciliation that is pending recoupment. The individual is eligible for $300 a month grant, but $30 per month of the grant amount is recouped, producing an SNA grant of $270 per month. The SSD must recover the full $300 per month grant as IA plus the $200 overpayment paid during the IA period. The balance of the $500 overpayment that originated prior to the IA period cannot be recovered from the recipient’s initial SSI payment, but the balance should be processed according to standard overpayment recovery procedures. 14. IAR Records Retention a. The SSD must retain a copy of the following for a minimum of six years: (1) Completed SSA-8125-F6s faxed to the SSA for exclusion cases (2) The amount of the IAR payment received from the SSA (3) The date the IAR payment was received by the SSD from the SSA (4) LDSS-2425A or LDSS 2425A LE (NYC) in the case record (5) IAR accounting records 15. Recovery of Foster Care (Non IV-E) benefits for SNA Recipients a. When the amount of the initial SSI payment is significantly greater than the amount of SNA that can be recovered, the SSD also must review child welfare services records to determine if the same recipient has received non IV-E child welfare foster care benefits during the IA period.

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b. SSD’s may use 25% or more as a guide to determine when an initial SSI payment is significantly greater than the amount of SNA that can be recovered. c. If the TA recipient has received SNA foster care benefits during the IA period, the SSD must determine the amount of these payments and recover such payments from the client's initial SSI payment in the same manner as SNA payments are currently recovered including providng appropriate notice. As long as: (1) The SSD has a signed authorization. IAR is frequently not available for former foster care cases who have not moved onto TA because, without a TA application, there might not be a signed IAR authorization. However, if a local district determines that a signed IAR authorization was obtained, the SSD may recover the amount of SNA authorized during the IA period. (2) SNA payments are furnished during the IA period (3) SNA payments can be specifically earmarked as being authorized for the SSI recipient (4) SNA payments have not been recouped or recovered d. An SSD must identify persons who potentially received foster care, which can be recovered, by targeting clients who applied for SSI prior to their 21st birthday. The SSD can determine if the SSI recipient applied for SSI, prior to his/her 21st birthday, by comparing the individual's date of birth, found on WMS, against the SSI eligibility date provided by the SSA. Example The SSD receives an e-mail which shows an initial eligibility payment of $6,000 (about 12 months of retroactive SSI benefits) for a 19 year old who has only been on SNA for the past 3 months. The SSI application date is one year ago. Since the amount of SSI is far greater than the amount of SNA that can be recovered and the client is under 21, foster care is consulted. Foster care indicates that this individual also received foster care payments for 6 months after the SSI application date. The SSD must recover the SNA payments for the 3 months and the foster care payments for the 6 months paid during the IA period. e. The maintenance expenses paid by an SSD for a child placed into residential care by a school district's Committee on Special Education is not considered IA and, therefore, cannot be recovered. 16. Exclusion Cases An SSD may still receive a paper SSA-8125-F6 for exclusion cases. Originally, SSA intended all IAR cases would be processed via the GSO. Since the implementation of eIAR, the SSA determined that there are several types of cases that are too complex for the current eIAR functionality and must be processed manually. Complex cases are known as “exclusion cases.” It is expected that the number of “exclusion” cases will be very small.

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For exclusion cases, the SSA will FAX a paper SSA-8125-F6 to the SSD. In the heading of the SSA-8125-F6 will appear a designation that the case is an exclusion case. SSDs must process the paper SSA-8125-F6 in accordance with the installment payment method identified in 08 ADM-11, Section V.E. Any reimbursement amount will be paid to the district in a paper check. SSDs will not be required to provide any payments directly to the SSI claimant. SSA will disburse any remaining initial SSI payment to the SSI claimant in accordance with their rules. 17. IAR and SSA Computer Matching New York is an “Automated Authorization State” which requires that the State notify the SSA by electronic means of the date individuals provided written permission authorizing the SSA Commissioner to withhold their initial SSI payment or initial post eligibility payment, and send the payment directly to the SSD as IAR. To meet this requirement, when an individual applies for SSI, SSA adds that person's name and identifying information to their central computer system and usually codes the SSI case as pending. Information about these cases and all other SSI recipients in New York is regularly sent to this Office by SSA via the State Data Exchange (SDX). The pending SSI applicants listed on the SDX are matched against active SNA (case types 16 and 17) cases on WMS every weekend. The names and social security numbers of the SSI applicants listed on the SDX that match active TA recipients on WMS, are transmitted to SSA every week. Those cases that successfully meet SSA's edits have their SSA file annotated with the appropriate IAR status code that can be found on the SDX. This annotation directs SSA to send the client's initial SSI payment to the appropriate SSD as IAR. An SSD’s ability to recover IA directly from the SSA is based on the applicant/recipient’s written permission and the correct annotation of the IAR status on the SSA’s computer system. If the SSA’s computer system is not annotated correctly, the initial SSI payment will not be sent to the correct SSD; it may be sent directly to the recipient. If this occurs, the SSD can request that the recipient repay the IA that was paid to the individual but the SSD has no legal basis to require such a refund. SSDs may use the “SDX – SSI Individual Status” available on the WMS to confirm that the correct IAR status code is annotated in the SSA computer system.

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CHAPTER 10 – SAFETY NET ASSISTANCE (SNA) Section M – Presumptive SSI Payments

M. PRESUMPTIVE SSI PAYMENTS 1. Presumptive payments are authorized by SSA to provide SSI benefits to an SSI applicant while a disability determination is pending. In certain disability claims where the SSI applicant is severely disabled or blind, the SSA may provide presumptive payments for up to six months. 2. Presumptive Payments are considered unearned income for TA and must be budgeted. 3. SSI presumptive payments are not considered part of this initial SSI payment and cannot be used to recover IA. Example Mr. Raven received SNA beginning 12/23/2007. On 1/15/2008, Mr. Raven had a stroke that left him partially paralyzed. On 1/16/2008, the hospital social work staff applied for presumptive SSI on his behalf. On 2/1/2008, Mr. Raven was determined eligible for presumptive SSI benefits of $676 monthly. The monthly presumptive SSI benefits were budgeted as unearned income which resulted in the discontinuance of Mr. Raven’s SNA. The SNA benefits provided to Mr. Raven from 1/1/2008 to 2/15/2008 cannot be recovered from his initial SSI benefit.

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CHAPTER 10 – SAFETY NET ASSISTANCE (SNA) Section N – SSI Application Protective Filing Date

N. SSI APPLICATION PROTECTIVE FILING DATE 1. A protective filing date allows TA applicants and recipients who apply for SSI within sixty days of signing a TA application or recertification form to use the TA application or recertification date as the SSI application date. 2. Establishing a protective filing date benefits, the TA applicant/recipient because he or she, may be eligible for up to two additional months of SSI eligibility. In addition, this may increase the amount of interim assistance reimbursement the SSD recovers directly from the SSA. 3. SSDs may inform TA applicants/recipients of the benefits of an SSI protective filing date and ways they can establish a protective filing date. For example, the TA applicant/ recipient can tell the SSA eligibility worker that they applied for TA on a specific date, or the SSI applicant can telephone the SSA that he or she has applied for TA and intends to apply for SSI within sixty days of applying or recertifying for TA. In addition, SSDs may assist TA applicants/recipients in establishing a protective filing date by calling, faxing or writing the SSA office regarding the client’s intent to apply for SSI. The date of this contact then becomes the SSI application date. For more information see 08 ADM – 05; attachment A; attachment B; attachment C; attachment D; attachment E; attachment F; attachment G. 4. In order to obtain accurate recertification dates to support the protective filing process, all local districts must also enter the recertification date onto WMS. A recertification date is defined as the date a signed and dated recertification form is submitted to a local district.

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CHAPTER 10 – SAFETY NET ASSISTANCE (SNA) Section O – SSI Alien Deeming Period

O. SSI ALIEN DEEMING PERIOD 1. Effective December 19, 1997, the Personal Responsibility and Work Oppounity Reconciliation Act (PRWORA) mandates that all of the income and resources of an alien’s sponsor must be deemed to be available to sponsored alien when determining eligibility for SSI. 2. The sponsor’s responsibility continues until the sponorsed alien: a.

Obtains 40 quarters of Social Security coverage

b. Becomes a naturalized citizen c. Dies

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CHAPTER 10 – SAFETY NET ASSISTANCE (SNA) Section P – National Case Correction

P. NATIONAL CASE CORRECTION 1. The "National Case Correction" procedure was established to provide a standard method of correcting Supplemental Security Income (SSI) data when local districts notice discrepancies between data on the State Data Exchange (SDX) and data in local district records. This procedure enables local districts to notify SSA of apparently erroneous information in SSI records and to receive a response about the action SSA has taken on the case. 2. Local districts receive the SDX on either tape or paper. This SSI data is used to: a. Authorize medical assistance b. Issue benefit identification cards c. Terminate interim assistance payments d. Authorize Grants of Assistance for Guide Dogs e

Verify eligibility status for SNAP and other programs

3. The Case Correction Procedure allows local districts to notify SSA when the local district learns of an inaccurarcy in a recipient's SSI record because of changes in the recipient's circumstances, or of incorrect data maintained on the SDX record. Additionally, these procedures provide for the assurance of a turnaround document from SSA reporting on action taken. The vehicle for these changes is the SSA-3911, Report of Change – SSI Data. 4. If the local district becomes aware of information that does not correspond to the SDX information (for example, change of address, increased income or resources, etc.) they must inform SSA of this change in information. This can be accomplished by: a. Contacting the local SSA Field Office in a mutually agreed upon manner (such as via a telephone liaison person) or b. In writing, by completing Part I and II of the SSA-3911 (1) When the form is completed, send the first two copies of the form to the local SSA Field Office responsible for the SSI case, the third copy to the SSA Regional Office and retain the fourth copy for local district files. (2) The SSA Field Office, upon receipt of the local district's notification, will take any necessary action to investigate and resolve this issue. Upon completion, the SSA Field Office will annotate the form in the appropriate block(s), send one copy to the Regional Office and return one copy to the initiating local district. 5. If, after 60 days, the data has not been corrected on the SDX or the original copy of the SSA-3911 has not been returned from the SSA Field Office with notation as to action New York State Office of Temporary & Disability Assistance

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taken or reason for not taking action, the local district should advise this Office of any lack of action by SSA. Such report should be sent to: New York State Office of Temporary and Disability Assistance Center for Employment and Economic Supports 40 North Pearl Street Albany, New York 12243 or FAX (518) 474-9347 6. If the source of the information to correct the discrepant data is the recipient, the local district should, in addition to routing the form to the local SSA Field Office and Regional Office, advise the recipient to immediately report the change to SSA. This should include submitting any supporting documentation, if he/she has not already done so. 7. Movement of SSI Recipient to another Social Services District – It is important that movement of an SSI recipient from one local district to another local district within the State be reported to this Office to assure that Medicaid and necessary services continue to be available to the recipient and that the correct local district be billed for the local share of the SSI recipient's Medicaid costs.

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CHAPTER 10 – SAFETY NET ASSISTANCE (SNA) Section Q – SNA Inter-Jurisdictional Disputes

Q. SNA INTER-JURISDICTIONAL DISPUTES 1. A social services official responsible in an individual case, for either the authorization of assistance or the investigation of the application for assistance, and the making of a recommendation relative to such application, shall have the right to appeal to the Office from a decision made in such case by another social services official. 2. The appellant social services official shall file with the Office an appeal in writing setting forth the basis for his determination or decision, the action or determination sought to be reviewed, and a statement in justification of his determination or decision. Three copies of such appeal shall be delivered in person or by certified mail to the Office. 3. The Office shall hold a hearing in accordance with the requirements of Section 22 of the Social Services Law. The notice of appeal may be filed at the time the decision to grant assistance is reached and may be prior to or simultaneous with the issuance of the grant. The filing of an appeal does not represent a request for approval to grant assistance. 4. Where a town social services officer fails or refuses to issue a grant of SNA which has been recommended by a county social services official, the county social services official shall apply to the Office for a review of the town's action and issue assistance to the SNA applicant pending the Office's review and decision.

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CHAPTER 10 – SAFETY NET ASSISTANCE (SNA) Section R – Veteran Assistance

R. VETERAN ASSISTANCE 1. Veteran assistance means SNA given to eligible veterans. 2. Veteran – means a person, male or female, who has served in the armed forces of the United States in time of war and has been honorably discharged or released under honorable circumstances from such service or furloughed to the reserve. 3. Merchant Marines who served during World War II have been designated as veterans for the purpose of classifying SNA benefits as veteran assistance benefits. This was accomplished by passage of Chapter 685 of the New York State Laws of 1991, effective August 2, 1991. 4. In addition to the above definition of veterans, the term veterans includes persons who: a. Were employed by the war shipping administration or Office of Defense Transportation or their agents, as a merchant seaman documented by the United State Coast Guard or Department of Commerce or as a civil servant employed by the United States Army Transport Service (later redesignated as the United States Army Transportation Corps, Water Division) or the Naval Transportation Service. b. Served satisfactorily as a crew member during the period of armed conflict, December 7, 1941 to August 15, 1945, aboard oceangoing merchant vessels in either foreign, intercoastal, or coastwide service, as such terms are defined under federal law (46 USCA 10301 and 10501), and further to include "near foreign" voyages between the United States and Canada, Mexico, or the West Indies, via ocean routes, or public vessels in oceangoing service or foreign waters. c. Have received a certificate of release or discharge from active duty and a discharge certificate, or an honorable service certificate report of casualty, from the Department of Defense. 5. In time of war means the periods set forth for the following wars: a. Civil War – from twentieth day of April, eighteen hundred sixty-one to and including the ninth day of April, eighteen hundred sixty-five. b. Spanish-American War – from the twenty-first day of April, eighteen hundred ninety-eight to and including the eleventh day of April, eighteen hundred ninety-nine. c. Philippine Insurrection – from the eleventh day of April, eighteen hundred ninetynine to and including the fourth day of July, nineteen hundred two. d. World War I – from the sixth day of April, nineteen hundred seventeen to and including the eleventh day of November, nineteen hundred eighteen. e. World War II – from the seventh day of December, nineteen hundred forty-one to and including the second day of September, nineteen hundred forth-five.

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CHAPTER 10 – SAFETY NET ASSISTANCE (SNA) Section R – Veteran Assistance

Korean Conflict – from the twenty-forth day of June, nineteen hundred fifty to and including the twenty seventh day of July, nineteen hundred fifty-three.

g. Viet Nam Conflict – from the first day of January, nineteen hundred sixth-three to and including the seventh day of May, nineteen hundred seventy-five. 6. Veteran organization means a. Grand Army of the Republic b. United Spanish War Veterans c. American Legion d. Disabled American Veterans e. Veterans of Foreign Wars of the United States f.

Jewish War Veterans of the United States, Incorporated

g. Catholic War Veterans, Incorporated h. Army and Navy Union of the United States i.

Italian American War Veterans of the United States, Incorporated

j.

Polish Legion of American Veterans, Incorporated

k. The Mariane Corps League l.

Military Order of the Purple Heart, Inc.

m. Amvets n. American Veterans of World War II o. Veterans of World War I, U.S.A., Inc. p. Polish-American Veterans of World War II q. Masonic War Veterans of the state of N.Y., Inc. r.

American Gold Star Mothers, Inc.

s. Regular Veterans Association, Inc. t.

Vietnam Veterans of America

u. Eastern Paralyzed Veterans Association

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CHAPTER 10 – SAFETY NET ASSISTANCE (SNA) References

References 08 ADM-11 Attachment A Attachment B 08 ADM-8 Attachment A Attachment B Attachment 1 Attachment 2 Attachment 3 Attachment 4 Attachment 5 Attachment 6 Attachment 7 Attachment 8 Attachment 9 Attachment 10 Attachment 11 Attachment 12 Attachment 13 Attachment 14 Attachment 15 Attachment 16 Attachment 17 Attachment 18 Attachment 19 Attachment 20 Attachment 21 Attachment 22 08ADM-6 Attachment A Attachment B Attachment C Attachment D Attachment E Attachment F Attachment G 08 ADM-5 Attachment A Attachment B Attachment C Attachment D Attachment E Attachment F Attachment G 08 ADM-1 07 ADM-6 Attachment 1 Attachment 2 New York State Office of Temporary & Disability Assistance

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Attachment 3 Attachment 4 Attachment 5 02 ADM-2 00 ADM-7 97 ADM-21 Errata 1 Errata 2 Errata 3 97 ADM-3 96 ADM-5 Attachment 96 ADM-4 95 ADM-5 94ADM-10 94 ADM-1 93 ADM-35 93 ADM-4 92 ADM-40 92 ADM-26 91 ADM-44 91 ADM-43 91 ADM-40 91 ADM-32 90 ADM-13 89 ADM-49 87 ADM-50 83 ADM-28 82 ADM-74 82 ADM-55 82 ADM-31 80 ADM-98 77 ADM-138 06 INF-25 01 INF- 20 01 INF -12 01 INF-6 00 INF-1 Errata 99 INF-15 98 INF-14 97 INF-9 95 INF-43 95 INF-31 93 INF-11 93 INF-9 93 INF-3 Errata 92 INF-48 91 INF-19 New York State Office of Temporary & Disability Assistance

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91 INF-8 90 INF-27 90 INF-25 88 INF-59 87 INF-29 86 INF-21 99-LCM-20 95 LCM-132 90 LCM-24 89 LCM-223 88 LCM-16 310 311 349 351 351.2 352.7 352.16(d) 353 370.2 370.2(d) 370.1 370.3 370.4 370.5 370.6 370.7 381.3 381.9 GIS Message (2001 TA/DC007) GIS Message (97 TA/DC004) GIS Message (96 TA/DC025) GIS Message (96 TA/DC004) GIS Message (95 ES/DC020) GIS Message (95 ES/DC002) GIS Message (94 ES/DC024) GIS Message (94 ES/DC016) GIS Message (93 ES/DC004) GIS Message (92 IM/DC027) GIS Message (91 IM/DC049) GIS Message (88 IM/DC028 Related Items 92 ADM-29 83 INF-7 80 ADM-44 New York State Office of Temporary & Disability Assistance

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78 ADM-93 77 ADM-44 75 ADM-22a 75 ADM-22 75 INF-9

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CHAPTER 11 – EMERGENCY ASSISTANCE TO NEEDY FAMILIES (EAF) Section A – Definition

CHAPTER 11: EMERGENCY ASSISTANCE TO NEEDY FAMILIES (EAF) A. DEFINITION Emergency Assistance to Needy Families with Children (EAF) is a federally funded program which provides assistance to deal with crisis situations threatening a family with a child(ren) under the age of 18, or under 19 and attending full-time secondary school or the equivalent level of vocational or technical training. EAF is to meet needs resulting from a sudden occurrence or a set of circumstances that was unforseen and beyond the applicant’s control that demands immediate attention.

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CHAPTER 11 – EMERGENCY ASSISTANCE TO NEEDY FAMILIES (EAF) Section B – Application

B. APPLICATION 1. An application for Emergency Assistance to Needy Families with Children (EAF) made by an individual family not currently in receipt of temporary assistance shall be recorded on the State prescribed form. 2. For a family currently in receipt of temporary assistance, no additional application is required. Districts must address the emergeny/immediate needs of recipients through additional allowances. 3. The State perscribed form must be marked EAF to identify it as an EAF application. 4. When emergency assistance is required on a mass basis, names of families requesting such assistance recorded on form LDSS-880, "Register of Application and Authorization for Emergency Assistance" shall constitute their application. 5. All EAF determinations must be made on a case-by-case basis because of the unique characteristics of emergency need. The basis for each eligibility decision must be documented clearly in the case record.

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CHAPTER 11 – EMERGENCY ASSISTANCE TO NEEDY FAMILIES (EAF) Section C – Eligibility

C. ELIGIBILITY 1. Emergency assistance must be provided immediately by a local district to or on behalf of a needy child under the age of 18 or under the age of 19 and attending full-time secondary school or the equivalent level of vocational or technical training and any other member of the household in which he is living if the conditions set forth in Office Regulation 372.1 are met, and, in addition all of the following conditions are met: a. The child is living with a relative related by blood, marriage or adoption; b. The child(ren), parents or other eligible relatives are without income and/or resources immediately available to meet the needs, and the household’s available income on the date of application is at or below 200% of the federal poverty level for that household size, or the household is financially eligible to receive temporary assistance or for child protective, child preventive or other child welfare services, at least one member of the household is in receipt of temporary assistance or SSI. The following examples illustrate the available income policy: (1) The head of an EAF categorically eligible family of three lost his job last year. The family had been living on savings after UIB ran out. When the family’s savings were depleted, they were unable to pay the rent. The family filed an application for help to meet an eviction emergency on April 10th. The eviction is set for April 15th. The head of household has returned to work and will receive his first paycheck on April 25th. The paycheck represents a full month’s salary of $3,200 gross. The worker verifies that the back rent must be paid by April 15th or the sheriff will evict the family. The monthly conversion of 200% of the federal poverty for a family of three in the month of application (April, 2008) is $2,933.00. Since the family does not have available gross income in excess of 200% of the poverty level for three on the date of application, and since the expected income will not be available in time to avoid the eviction, the family is found eligible for EAF for the rent arrears. (2) A family applied for EAF on April 4th for help to deal with homelessness and other needs related to a catastrophic fire. Although no family members were injured, the family home and all belongings were destroyed. The family of four has available income on the date of application of $3,200. This represents Social Security benefits and earnings. The applicant knows that this will not be enough to house the family temporarily, replace clothing, find permanent housing, etc. while waiting for the insurance settlement. However, since this is more than 200% of the monthly federal poverty limit, the family is ineligible for EAF today. Although the ESNA 125% limit does not apply to a fire, flood or other catastrophe, the district will not make a separate ESNA determination, since the family currently has financial resources to pay for temporary housing and to start to replace clothing and is not eligible for an emergency payment.

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CHAPTER 11 – EMERGENCY ASSISTANCE TO NEEDY FAMILIES (EAF) Section C – Eligibility

The district provides the LDSS-4002 “Notice of Action Taken on Your Request for Assistance to Meet an Immediate Need or a Special Allowance” telling the applicant that the application is denied since there is currently no unmet emergency need. Ten days later, on April 14th, the same family reapplied for EAF. The family used its financial resources to pay for temporary housing and to begin to replace clothing and other personal items. The family located a new apartment and paid the first month’s rent and a security deposit. The family needs help with the moving expenses. On the new application date, April 17th, the family does not have available gross income in excess of 200% of the federal poverty level. For that reason and because they are without the resources to meet the emergency need, the family is EAF eligible for help with moving expenses. c. The emergency needs cannot be met under Office Regulation 352 by an advance allowance. d. The emergency resulted from a sudden and unforseen circumstance beyond the indivdiual’s control. (1) Applicants for EAF will be ineligible to have their emergency need met by EAF when the district determines that the emergency did not arise from a sudden occurrence or situation that was unforeseen and beyond the individual’s control. (2) If the family is denied EAF due to this provision, then the district must consider the family’s eligibility for Emergency Safety Net Assistance or for referrals to other programs or resources. See TASB 10 Section I. (3) The suddend and unforseen provision is not required to be met for SSL 131s utility payments. (4) The sudden and unforseen provision is not required to be met for diviersion payments. (5) Examples: All examples assume that the family is otherwise eligible for EAF. (a) In late April, a woman applied for payment of rent arrears for March and April to avoid eviction. The worker determined that the woman is employed fulltime and was so for the period that the arrears accrued. However, the worker also determined that the woman was ill, missed nearly three weeks of work in February and was not paid for those sick days. The sudden and unforeseen occurrence was the applicant’s illness. While she was able to maintain her family with her earnings normally, she was not able to recover financially from the loss of three weeks of income. The family is found eligible for EAF. (b) After an applicant exhausted eligibility for HEAP benefits, he applied for EAF for payment of a past fuel oil bill. The family had been paying their fuel bills

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CHAPTER 11 – EMERGENCY ASSISTANCE TO NEEDY FAMILIES (EAF) Section C – Eligibility

but as the unusually cold weather continued and the cost of fuel increased, the family could not pay the bill. The extended unusually cold weather and the increased fuel prices are sudden occurrences beyond the applicant’s control. The family is found eligible for EAF. (c) An applicant who applied for rent arrears to avoid eviction stated that she did not pay her rent because she was saving to get a better apartment. However, she then used most of the rent savings to pay for school tuition for the children and for school clothes. The need to pay tuition for children in private school is not an unexpected occurrence beyond the applicant’s control. Therefore, she is not eligible for EAF. The applicant must be evaluated for emergency Safety Net Assistance (ESNA). Since the applicant’s income is below 125% of the poverty level for her size family, but above the TA limit, the applicant must sign a shelter arrears repayment agreement in order to qualify for an ESNA rent arrears payment. (d) An applicant filed for emergency assistance for rent arrears. The family used the income usually reserved for rent to pay back oil bills. Because of the extended cold weather and the increase in oil prices, even after the family had exhausted HEAP eligibility and made payments on the fuel oil bill, arrears accrued. The oil company threatened to refuse further deliveries until the arrears was paid in full. The family used the rent money to pay the fuel arrears. The extended unusually cold weather and the increased fuel prices are sudden occurrences beyond the applicant’s control. The family is EAF eligible. (e) An individual applied for emergency assistance for himself and his family to prevent an eviction. The individual receives Social Security Disability benefits but he did not receive his full benefit for several months due to a recovery of a prior overpayment by SSA. The reduction in household income during that period caused the rent arrears to build. EAF cannot be denied on the basis that the client should have foreseen and known that an overpayment would result in a reduction in benefits and in the resulting inability to pay the rent. Therefore, the district need not try to make a determination of who was at fault for the overpayment, the client or SSA. The family is EAF eligible. (f) A family needed assistance to meet an eviction threat. The caretaker mother had been working and paying rent on the family’s apartment. After the mother was laid off from her job, she collected UIB. The apartment was not affordable on only the UIB income and arrears accrued. Mom found another

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CHAPTER 11 – EMERGENCY ASSISTANCE TO NEEDY FAMILIES (EAF) Section C – Eligibility

job and the apartment will be affordable in the future. However, she has no means to pay the arrears. The sudden and unforeseen occurrence is the job lay-off. The district determines that the family is eligible for EAF to pay the arrears. e. Emergency assistance is necessary to avoid destitution of the child or to provide living arrangements for him or her in a home. f.

The household’s destitution or need for living arrangements did not arise because the employable child or relative with whom he or she lives refused without good cause to accept employment or training for employment.

g. For a recipient of TA, such destitution did not arise from the mismanagement of a TA grant, or the Emergency Grant being applied for, will not replace or duplicate a TA Grant already made under Office Regulation 352. This section does not prohibit the issuing of EAF to replace a lost or stolen TA grant. Note: Another decision in the Bacon vs. Toia litigation broadens the scope of assistance available to an FA recipient applying for EAF. The prohibition from an FA recipient receiving EAF if his/ her need resulted from the loss or theft of a regular TA grant or of cash from a TA grant was removed by the court. Note: While in some instances it may be appropriate to actually replace the amount of the lost or stolen TA grant, EAF should otherwise be limited to meeting only the emergent needs of the family which resulted from this loss or theft. h. No assistance shall be provided which would duplicate temporary assistance for which a person is eligible or would be eligible, but for a sanction violation of the employment requirements found in 18 NYCRR Part 385 or other requirements of state law. See Section G Below Sanctioned Persons – Section G. 2. The use of EAF funds is limited to the programs and services for eligible individuals and families administered by the Office of Temporary and Disability Assistance except when amounts are specifically appropriated for services. Then EAF shall be provided to eligible individuals and families only within the amounts specifically appropriated and subject to the terms and conditions of such appropriations. 3. Individuals who are or would be ineligible for FA due to their alien status are also ineligible for EAF. 4. Applying families who would be eligible for FA except that they have reached the State 60 month time limit are categorically eligible for EAF. 5. PREGNANT WOMEN – Categorical eligibility for EAF exists at any time in the pregnancy when the pregnancy has been medically verified. Therefore, EAF can be used to meet the emergency needs of EAF eligible medically verified pregnant women, even when these women have no other children under the age of 18 or under 19 and

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CHAPTER 11 – EMERGENCY ASSISTANCE TO NEEDY FAMILIES (EAF) Section C – Eligibility

attending full-time secondary school or the equivalent level of vocational or technical training. It should be noted that pregnancy alone does not constitute an emergency. The pregnant woman must experience an emergency (e.g., homelessness). In determining whether eligibility for EAF exists with respect to a pregnant woman, the criteria that must be applied are the same as those applied for any other family faced with a crisis situation. 6. The availability of such emergency assistance shall not relieve a town social services official in districts with a county-town form of administration from providing SNA and care as may be necessary in emergency situations pursuant to subdivision 3 of Section 67 of the Social Services Law. Note: In districts with the county-town form of administration, town social services officers are responsible for authorizing immediate short-term emergency assistance as needed in accordance with subdivision 3, Section 67, Social Services Law. Applications for emergency assistance shall be forwarded promptly to the county commissioner of social services and any further authorization for emergency assistance within the 30 day period shall be made by the county authorizing official. Assistance authorized by town social service officers is not subject to federal participation.

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CHAPTER 11 – EMERGENCY ASSISTANCE TO NEEDY FAMILIES (EAF) Section D – Loss or Theft of Grant Check

D. LOSS OR THEFT OF GRANT CHECK The provisions of Office Regulation 352.7(g)(1) specify the action to be taken for the replacement of lost or stolen checks. Providing EAF to an otherwise qualified FA recipient whose need resulted from the loss or theft of a regular TA grant involves the following considerations: 1. An applicant or recipient reports to a local district that a check has been lost or stolen, an affidavit of loss shall be required of the recipient, and payment of the check shall be stopped. 2. If a recipient has not already done so, he/she shall be required by the local district to report the loss or theft to the police, to obtain from them the blotter entry number, or classification number, or file number of other available evidence of the reporting, and to furnish such evidence to the local district.

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CHAPTER 11 – EMERGENCY ASSISTANCE TO NEEDY FAMILIES (EAF) Section E – Loss or Theft of Cash

E. LOSS OR THEFT OF CASH The local district must use reasonable verification techniques to assure the validity of the claimed loss or theft. Techniques to be employed shall include, but need not be limited to the following: 1. Alleged theft must be reported to the local police agency. The blotter number or other available evidenc of report must be furnished to the local district; and, 2. Alleged loss must be supported by a written statement by the recipient detailing the circumstances surrounding the loss. Details to be furnished shall include the amount of the grant check, estimated expenditures made from the proceeds of the grant check, the time the loss was discovered and his/her attempts to recover the loss.

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CHAPTER 11 – EMERGENCY ASSISTANCE TO NEEDY FAMILIES (EAF) Section F – Loss or Theft of Electronic Benefits

F. LOSS OR THEFT OF ELECTRONIC BENEFITS 1. The local district must use reasonable verification techniques to assure the validity of the claimed loss or theft. 2. When a recipient claims that he or she has not received electronic cash assistance benefits which the Department's computer issuance record indicates were issued, the social services district must verify the validity of the computer issuance record in accordance with procedures established by the Department. 3.

If it is verified that a valid issuance transaction occurred, the benefits cannot be replaced.

4.

If it is determined that a valid issuance transaction did not occur, the benefits must be restored.

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CHAPTER 11 – EMERGENCY ASSISTANCE TO NEEDY FAMILIES (EAF) Section G – Sanctioned Persons

G. SANCTIONED PERSONS The purpose of a sanction is to impose a financial penalty when an individual or family member will not comply with program rules. Providing assistance, to an otherwise eligible person, to cover a period during which the person was sanctioned, would clearly violate the sanction requirement and must not be done. Additionally, for multi-person households where a member is, or was sanctioned for non-compliance with TA program rules, any assistance provided to meet an emergency cannot include the share of the sanctioned person for the period during which he/she was sanctioned. The exception to this is SSL 131-s emergency energy payments. The following examples will illustrate the policy: 1. Parent refused employment or training for employment. Mr. and Mrs. Wilton applied for TA for themselves and their 17 year old daughter. Mr. Wilton had just quit his full-time job. He provided no reason why he quit. The job was available and he could have returned but he refused. When Mr. and Mrs. Wilton failed to keep their eligibility interview appointment, their application was denied. The denial notice contained the full information about their failure to keep the eligibility appointment and also about Mr. Wilton's ineligibility for TA for 90 days from the date of the job quit. Two months later, Mr. and Mrs. Wilton applied for EAF to pay rent arrears. The worker determined that the emergency need was caused by Mr. Wilton's job quit and refusal to return to the job. Therefore, the Wilton family is not eligible for EAF. [372.2(a)(4)] The Wiltons may apply for recurring TA. If the worker determines that an emergency arrears payment should be made, that payment cannot include Mr. Wilton's prorata share. The payment would be paid under the category of assistance under which the recurring TA is authorized. 2. TA case closed for failure to apply for a benefit or resource. Ms. Russell received TA for herself and her son until her case was closed for failure to apply for Social Security Survivor's benefits. Three months later, she applied for EAF because she had not paid rent since her TA case closed. At the time of her EAF application, she still had not applied for social security benefits. Ms. Russell and her son are ineligible for EAF since EAF must not duplicate TA for which a person is or would be eligible but for a sanction for violation of State law or regulation. 3. Previously TA with a sanctioned member – Incremental Mr. Costello has been disqualified from receiving TA for a period of six months due to an IPV. His needs were deleted from the TA case of his wife and daughter. The TA case closed the following month. Mr. Costello is now requesting EAF for rent arrears that accrued during the two month

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CHAPTER 11 – EMERGENCY ASSISTANCE TO NEEDY FAMILIES (EAF) Section G – Sanctioned Persons

period since the case closed. The worker determines that the household is eligible for EAF and must now determine the amount that can be paid. The worker must prorate any amount of rent over the two person TA shelter standard to determine Mr. Costello's share. Mr. Costello's share cannot be paid. 4. Previously TA with a sanctioned member – Prorata benefit Mr. Abbot was under a 120-day sanction for failure to comply with D/A treatment requirements. One month into the sanction, the Abbot family's TA case closed because the family did not keep an appointment for an agency interview and provided no reason why the appointment was not kept. The family is now applying for EAF because they have not paid rent for the two months that the TA case has been closed. Mrs. Abbot explains that they did not keep the appointment because she had begun working but with the end of TA and the delay in her first paycheck, they got behind in the rent. The worker is satisfied that the Abbot family can pay future rent and that they do not currently have the ability to pay the arrears. Since Mr. Abbot did not refuse a job or training for a job, the family is not ineligible for EAF due to his sanction. However, his prorata share of the shelter arrears cannot be paid. If the landlord will accept partial payment, EAF may be authorized for all but Mr. Abbot's prorata share of the arrears. 5. Previously TA with individual sanctioned for non-compliance with IV-D Ms. Laurel and her two children were in receipt of TA. The TA needs were reduced by 25% since Ms. Laurel refused without good cause to comply with IV-D. The case closed several months later because Ms. Laurel got a job. At the time of case closing, Ms. Laurel still had not complied with IV-D. Ms. Laurel is now applying for EAF. Her children were ill for two weeks in one month and her hours were temporarily cut in the following month causing her to get behind in the rent. The worker is satisfied that Ms. Laurel can pay future rent and does not currently have the resources to pay the arrears. Because Ms. Laurel is not currently under a durational sanction or sanctioned for a reason that would also apply to EAF, the worker must then decide if the payment would duplicate assistance that Ms. Laurel would have received except for the sanction. The income in the household was enough to close the case, sanction or no sanction. Therefore, no reduction in the EAF payment is necessary. The entire rent arrears can be paid.

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CHAPTER 11 – EMERGENCY ASSISTANCE TO NEEDY FAMILIES (EAF) Section H – Scope/Limitation

H. SCOPE/LIMITATION 1. Emergency assistance to eligible needy families with children shall be provided as follows: a. EAF grants and allowances provided shall be only for such items of need, in such amounts as provided for in Part 352 of Office Regulations. b

Office regulation 352.7(g)(3) authorizes the recoupment/recovery of shelter arrears, paid to applicants, which exceed the maximum shelter standard. Applicants include applicants for EAF only. Thus, if shelter arrears are paid under EAF and they exceed the maximum shelter standard, the amount above the maximum is recoverable or recoupable. If the applicant did not immediately become a recipient of recurring TA, recovery would be pursued. If the person later becomes a recipient of TA and there is an outstanding balance on the excess arrears payment, recoupment should be initiated. See TASB Chapter 22.

c. Legal fees related to landlords' actions to evict clients or legal costs of mortgageholders who begin foreclosure actions against clients are not payment for shelter. Therefore, such costs cannot be paid. d. EAF must not be authorized as a recurring payment and cannot be used to meet ongoing needs. e. Office regulation 352.5 authorizes payment essential to continue or restore utility service for an applicant for assistance, including EAF. When a household’s gross monthly income on the date of application exceeds the temporary assistance standard of need for that household size a repayment agreement for utility arrears assistance granted under EAF must be completed and signed. The sudden and unforeseen provision is not required to be met for utility payments. For more information refer to the TA Energy Manual. f.

When the district determines that an applicant is eligible for EAF for the cost of repairs to client owned property, the district must pay for repairs and claim the full cost to EAF.

g. In situations of a mass emergency, payment for costs of necessary medical care, services and supplies, mass feeding and clothing distribution, and other essential articles such as blankets shall be made. h. Services necessary to cope with the emergency situation, including information, referral, counseling, car insurance , car repairs, securing family shelter, providing child care (including day care and temporary foster care), and any other services which meet needs attributable to the emergency situation, shall be provided. i.

If otherwise eligible, child care and transportation may be paid under EAF for homeless families seeking permanent housing.

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CHAPTER 11 – EMERGENCY ASSISTANCE TO NEEDY FAMILIES (EAF) Section H – Scope/Limitation

Note: The responsibility for providing transportation may reside with a school district, certain shelters for runaway youth or the social services district. Under the provisions of Education Law §3209, the social services district is responsible for arranging and paying for transportation if all of the following three conditions exist:

• • •

the child or family is eligible for Emergency Assistance for Families (EAF) as defined in SSL §350-j, the child was placed by the social services district in temporary housing, the designated school district is not the school district in which the temporary housing is located.

In other words, transportation must be provided to EAF-eligible homeless children if the designated school district is outside the school district where the temporary housing is located. If the temporary housing is located in the designated district, the designated school district is responsible for transportation. See 06 ADM-15, 06 ADM-15 Attachment. j.

Child care can be paid under EAF only in emergency situations such as when a mother is sick but still in the home, as long as the case record documents the need (i.e., doctor statement, etc.). Note: If a recipient requests child care due to illness and the recipient has made child care arrangements which the local district approves, then the local district pays for the service. If the recipient hasn't made child care arrangements, the local district may have to work with the client or with the Services Unit to make appropriate arrangements.

k. Whenever a local district determines that an EAF payment that was made was incorrect, for example it is later determined that the applicant did have available resources to meet his or her emergency need (i.e., through a subsequent RFI match), the local district should take appropriate steps to recover the incorrect payment. l.

m.

In order for a recovery to be pursued or a recoupment to be initiated, the eligibility worker must make a referral to the accounting unit (or whatever unit is responsible for pursuing overpayments) so that an accounts receivable record will be established and the overpayment tracked. If a household is determined ineligible for EAF the household’s eligibility for Emergency Safety Net (ESNA) must be explored. See TASB Chapter 10, Sect. I.

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TASB 05/08/2009

CHAPTER 11 – EMERGENCY ASSISTANCE TO NEEDY FAMILIES (EAF) Section I – Shelter Arears and EAF

I. SHELTER AREARS AND EAF 1. Shelter Arrears payments include payments for rent, mortgage and/or tax arrears. 2. A payment to prevent an eviction is limited to a total period of six months once every five years, unless the district determines that an additional shelter payment is necessary based on individual case circumstances. Note: The six month period can not be split up and used at different times over the five year period. 3. Current month’s rent must not be considered when calculating this payment unless the current month’s rent is past due. 4. Applicants eligible for EAF-only, may receive an allowance for rent, mortgage or tax arrears for the time prior to the time the case was opened if the following conditions are met: a. Such payment is essential to forestall eviction or foreclosure and no other shelter accommodations are available; or b. The health and safety of the applicant is severely threatened by failure to make such payment; and c. The authorization of the payment receives special written approval by the social services official or such other administrative officer as he or she may designate, provided such person is in higher authority than the supervisor who regularly approves authorization; and d. The applicant reasonably demonstrates an ability to pay future shelter expenses, including any amounts in excess of the appropriate agency maximum monthly shelter allowance. 5. When in the judgment of the local social services official, the individual or family has sufficient income or resources to secure and maintain alternate permanent housing, shelter arrears need not be paid to maintain a specific housing accommodation. 6. Shelter arrears payment may exceed the appropriate maximum monthly shelter allowance. However, any amount which exceeds the appropriate maximum monthly shelter standard is an overpayment and is subject to recovery or recoupment. a. If the applicant receives a one-time only shelter arrears payment under EAF, then the amount above the shelter standard should be referred for collection, using the same means that the district uses to collect overpayments when a TA case closes and there is an outstanding overpayment. b. If the applicant subsequently receives FA or SNA, then the overpayment is recouped from future recurring grants.

New York State Office of Temporary & Disability Assistance

11-15

TASB 05/08/2009

CHAPTER 11 – EMERGENCY ASSISTANCE TO NEEDY FAMILIES (EAF) Section I – Shelter Arears and EAF

7. The ESNA Shelter Arrears Repayment Agreement is not required for a one-time only shelter arrears payment authorized under EAF.

New York State Office of Temporary & Disability Assistance

11-16

TASB 05/08/2009

CHAPTER 11 – EMERGENCY ASSISTANCE TO NEEDY FAMILIES (EAF) Section J – Authorization - EAF

J. AUTHORIZATION – EAF 1. Payment Authorization EAF may be authorized more than once in a 12-month period, even if the subsequent emergency is unrelated to a previous one. The local district may make EAF payments to meet needs related to the emergency situation which occurred before the EAF program authorization and/or needs which continue after the EAF program authorization. 2. EAF Program Authorization Form (LDSS-4403) a. This form serves as the EAF program authorization form. It attests to eligibility for the EAF program. b. Local districts must use the LDSS-4403 or an approved local equivalent when authorizing payments under EAF other than EAF foster care, preventive services and juvenile justice services. c. In situations of mass emergency, the register of families applying for such emergency assistance, when signed by the authorizing official, shall serve as the authorization for such assistance.

New York State Office of Temporary & Disability Assistance

11-17

TASB 05/08/2009

CHAPTER 11 – EMERGENCY ASSISTANCE TO NEEDY FAMILIES (EAF) Section K – Decisions

K. DECISIONS 1. DECISION AND PAYMENT – When an application for EAF is made and an immediate need is claimed, each local district is required to follow the procedures found in TASB Chapter 5, Section I. 2. If an applicant designates in writing that they are only applying for a one-time payment to meet an emergency/immediate need, and are not seeking ongoing TA, Supplemental Nutrition Assistance Program or Medical Assistance, a LDSS-4002 “Notice of Acceptance/Denial to Meet an Immediate Need or Special Allowance” notice may be used to adequately notify applicants with out providing any additional notice(s). 3. If an applicant does not designate in writing that they are only applying for a one-time payment to meet an emergency/immediate need, the household must be provided with the following notices: a. LDSS-4002 “Notice of Acceptance/Denial to Meet an Immediate Need or Special Allowance” b. LDSS-4013A “Action Taken on Your Application”: Public Assistance, Supplemental Nutrition Assistance Program and Medical Assistance Coverage” (Part A); LDSS-4013B “Action Taken on Your Application”:Public Assistance, Supplemental Nutrition Assistance Program and Medical Assistance Coverage (Part B)

New York State Office of Temporary & Disability Assistance

11-18

TASB 05/08/2009

CHAPTER 11 – EMERGENCY ASSISTANCE TO NEEDY FAMILIES (EAF) Section L – Fair Hearings

L. FAIR HEARINGS 1. Expedited hearings in EAF will be scheduled as soon as reasonably possible. In the larger local districts, where Hearing Officers are always available, hearings may be scheduled as quickly as one day after the hearing request has been received. In certain small local districts, where Hearing Officers are not always available on a daily basis, special arrangements will be made to insure expedited hearings. Local districts shall be aware that the normal six-day notice will not be forthcoming in all cases and that special telephone arrangements will be utilized to insure that the local district has notice of the time and place of the hearing. 2. Local districts should take appropriate steps to insure that a person is specifically designated to insure prompt compliance with EAF decisions which do not affirm the local district's determination. It is the intention of the Department to issue decisions after expedited hearings in EAF cases within 10 working days of the hearing.

New York State Office of Temporary & Disability Assistance

11-19

TASB 05/08/2009

CHAPTER 11 – EMERGENCY ASSISTANCE TO NEEDY FAMILIES (EAF) References

References 352.7(g) 372 06 ADM 15 Attachment 03- ADM 11 02 ADM-2 00 ADM-2 97 ADM-20 83 ADM49 83 ADM-31 81 ADM-67 80 ADM-90 06 INF 25 03 INF 35 02 INF-42 99 INF-15 95 INF-7 88 INF-59 GIS Message (96TA/DC025) Related Items SSL67 369.1 358-3.2 a-c 358-5.2 a-c

New York State Office of Temporary & Disability Assistance

11-20

TASB 12/10/2010

CHAPTER 12 – EMERGENCY ASSISTANCE TO ADULTS (EAA) Section A – Definitions

CHAPTER 12: EMERGENCY ASSISTANCE TO ADULTS (EAA) A. DEFINITIONS 1. EMERGENCY ASSISTANCE FOR ADULTS – means grants of assistance to aged, blind or disabled individuals and couples who have been determined eligible for or are receiving Federal supplemental security income benefits and/ or additional State payments and applied for such assistance to meet emergency needs, that cannot be met by the regular monthly benefits of SSI and additional State payments. 2. EMERGENCY NEEDS – means those needs which, if not met, would endanger the health, safety or welfare of such persons. 3. APPLICANT FOR EAA – means an individual or couple who has directly or by a representative, expressed in writing on the State-prescribed form to the local district in the county in which the applicant resides, a desire to receive EAA and to have his eligibility considered.

New York State Office of Temporary & Disability Assistance

12-1

TASB 12/20/2010

CHAPTER 12 – EMERGENCY ASSISTANCE TO ADULTS (EAA) Section B – Application

B. APPLICATION A separate copy of the State-prescribed application form (LDSS-2921) shall be completed each time an applicant applies for EAA, except if he/she last applied for such assistance within the prior 12 months and lives at the same address. The previous application shall be reviewed, updated and signed by the applicant.

New York State Office of Temporary & Disability Assistance

12-2

TASB 12/20/2010

CHAPTER 12 – EMERGENCY ASSISTANCE TO ADULTS (EAA) Section C – Determination of Eligibility

C. DETERMINATION OF ELIGIBILITY The local district shall determine each applicant's eligibility on the basis of a completed application, a face-to-face interview with the applicant, or his duly designated representative, and prompt verification of the circumstances of the applicant. That verification shall include an investigation, properly documented of the facts alleged in the application including: 1. The identity of the applicant 2. The domicile of the applicant 3. Family composition 4. The amount necessary to meet emergency needs 5. Income from any source 6. Savings and other resources 7. The type of emergency needs 8. The applicant's eligibility for SSI or additional State payments. 9. In order to be eligible for EAA, an applicant (if a couple, the eligible spouse) shall: a. Reside in New York State b. Be eligible for SSI benefits or additional State payments, and c. Have emergency needs that cannot be met by the regular monthly SSI benefit and additional State payments, or by income or resources not excluded by the Federal Social Security Act, and which, if not met, would endanger the health, welfare, or safety of the applicant.

New York State Office of Temporary & Disability Assistance

12-3

TASB 12/20/2010

CHAPTER 12 – EMERGENCY ASSISTANCE TO ADULTS (EAA) Section D – Granting of EAA

D. GRANTING OF EAA Emergency needs as defined in this Section are limited to the following: 1. REPLACEMENT OR REPAIR OF CLOTHING, FURNITURE, FOOD, FUEL AND SHELTER – Replacement or repair of the above (including repairs to homes owned by eligible persons and temporary shelter until necessary repairs are completed or replacement shelter is secured), shall be provided if the clothing, furniture, food, fuel, or shelter was lost or rendered useless as a result of burglary, theft, or vandalism, or as a result of fire, flood or other similar catastrophe which could not have been foreseen by the recipient and was not under his control. All such losses due to burglary, theft or vandalism must be reported to local law enforcement officials and appropriately verified by local officials before replacement or repair is made. Documentation in the case record shall include verification of the blotter entry number, classification number, file number, or other available evidence of reporting furnished to the local district. Replacements and repairs shall be made as follows: a. Clothing and furniture in accordance with schedules SA-4a and SA-4b b. Food based on a prorata share of the schedule for regular recurring monthly needs c. Fuel in accordance with the schedules d. Shelter in an amount not to exceed the maximum of the monthly shelter allowance for rent. (397.5[a]) 2. REPLACEMENT OF STOLEN CASH – Stolen cash shall be replaced if reported to local law enforcement officials and appropriate verification made by local officials. Documentation in the case record shall include verification of blotter number, classification number or other available evidence [397.5(b)]. 3. REPLACEMENT OF LOST OR MISMANAGED CASH – Cash which has been lost or mismanaged by a person who, by reason of advanced age, illness, infirmity, mental weakness, physical handicap, intemperance, addiction to drugs, or other cause or has suffered substantial impairment of his ability to care for his property shall be replaced. When such assistance is granted, a referral shall be made to adult protective services for an evaluation and determination of the need for protective services and a representative payee. [397.5(c)] (See indicators of possible mental or physical health problems at end of this Section.) 4. CHATTEL MORTGAGES OR CONDITIONAL SALES CONTRACTS – Payments to a secured party in whose favor there is a security interest on furniture or household equipment essential to making living accommodations habitable shall be made in an amount not to exceed cost of replacement as stated in schedule SA-4a. Payments shall be made only after every effort has been made by the local district to defer, cancel, reduce or compromise payments on the security interest.

New York State Office of Temporary & Disability Assistance

12-4

TASB 12/20/2010

CHAPTER 12 – EMERGENCY ASSISTANCE TO ADULTS (EAA) Section D – Granting of EAA

Such assistance shall be authorized only once during the lifetime of an eligible person. 5. MOVING EXPENSES – Household moving expenses shall be paid when a change of residence is necessary because the health, welfare or safety of the eligible person or persons is endangered and the move is not caused by eviction or non-payment of rent or when the move will substantially reduce rental costs. 6. ESTABLISHMENT OF A HOME – A grant shall be made for furniture or clothing which may be necessary to enable a person to move to a private residence from a nursing home, hospital or other institution. Such assistance shall be authorized only once during the lifetime of an eligible person and shall not exceed amounts stated in schedules SA4a and SA-4b. 7. MAINTENANCE OF A HOME – Household expenses shall be met when essential to the maintenance of a home for a person whose SSI benefit has been reduced because of placement in a medical facility. Within 45 days following placement in such a facility, the social services official shall determine and document in the case record whether the recipient is expected to remain in the facility for less than 180 days following the reduction in his SSI benefits and return home following discharge. 8. ESSENTIAL REPAIR OR REPLACEMENT OF EQUIPMENT – The cost of repair or replacement of essential household heating, cooking, refrigeration, water supply, personal safety, plumbing, and sanitary equipment shall be met provided that the cost of household heating, cooking and refrigeration equipment shall not exceed the amounts stated in schedule SA-4a. Cost of other equipment shall be determined by the local district in accordance with prevailing prices in the community. 9. Repairs to, or maintence on, property not owned by the SSI occupant must not be made under EAA. 10. RENT SECURITY DEPOSITS – Security against non-payment of rent or for damages as a condition of renting a housing accommodation shall be provided under the conditions as described in TASB Chapter 17. 11. BROKER'S FEES – Broker's fees necessary to securing shelter shall be provided if: a. The need for alternative housing is urgent, b. Not authorizing such a fee would prove detrimental to the recipient's health and safety, c. In order to secure the necessary housing, it is essential that the official provide funds for such a fee or expense. 12. STORAGE OF FURNITURE AND PERSONAL BELONGINGS – The cost of essential storage of furniture and personal belongings during relocation, eviction or residence in temporary shelter must be met for as long as the circumstances necessitating the storage continue to exist and provided that eligibility for EAA continues to exist.

New York State Office of Temporary & Disability Assistance

12-5

TASB 12/20/2010

CHAPTER 12 – EMERGENCY ASSISTANCE TO ADULTS (EAA) Section D – Granting of EAA

Note: There is no regulatory limit on the amount that can be paid for the storage. Additionally, Department Regulations do not place restrictions on the types of furniture and personal belongings that require storage. 13. PAYMENTS FOR SERVICES AND SUPPLIES ALREADY RECEIVED a. Non-utility (other than natural gas or electricity) heating fuel – Per 00 ADM-2, please refer to the Energy/HEAP Manual for Energy/HEAP policy. b. Utility (natural gas or electricity) services - Per 00 ADM-2, please refer to the Energy/HEAP Manual for Energy/HEAP policy. c. Other household expenses – Payment shall be made for items including, but not limited to, rent incurred during the four-month period prior to the month in which such person applies for emergency assistance for adults when payment of such expenses is necessary to prevent eviction and in the judgment of the local district, other housing accommodations appropriate for the person's best interest are not available in the area. d. Shelter arrears payments made under EAA are not limited to the maximum monthly shelter standard. e. Shelter arrears payments made under EAA are not limited to a total period of sixmonths once every five years. f.

An execution of a lien cannot be required as a condition of eligibiltiy for granting EAA.

g. A local district shall not grant emergency assistance under this paragraph to a person who has received a grant under this paragraph within the preceding 12 months, unless the granting of such assistance is recommended by the local district and has been approved by a duly designated official of the Department. h. A person shall be deemed to have received a grant under this paragraph within the preceding 12 months if he/she is residing in a household with another person who has received a grant under this paragraph within the preceding 12 months. 14. REPLACEMENT OF A LOST, STOLEN OR UNRECEIVED SSI CHECK – A lost, stolen or unreceived Federal SSI and/or additional State payment check (or checks) shall be replaced up to a maximum of one-half the amount of each check, predicated upon the estimated period of time required for the receipt of the original check or replacement check by the Social Security Administration. As a condition of eligibility for such assistance, the applicant shall be required to agree in writing on a form prescribed by the Department (LDSS-2921A) to repay any amount granted as emergency assistance when the original check or replacement check is received. All such incidents of loss, theft or non-receipt shall have been reported to the appropriate district office of the Social Security Administration and appropriately by the local district before the replacement check is issued. Documentation in the case record shall include verification of the report to the Social Security Administration. [397.5(m)]

New York State Office of Temporary & Disability Assistance

12-6

TASB 12/20/2010

CHAPTER 12 – EMERGENCY ASSISTANCE TO ADULTS (EAA) Section D – Granting of EAA

15. NUTRITIONAL REQUIREMENTS – Within 24 hours of application, a money payment or food voucher shall be issued in the amount of $21.70 for a single individual and $34.60 for a couple to meet a person's nutritional requirements for one week. The applicant shall demonstrate that he requires such assistance to avoid hunger and has no cash or personal assets readily reducible to cash with which to purchase food. Such assistance shall be granted to applicants for SSI or to recipients of SSI whose SSI or additional State payment check has been lost, stolen or unreceived. [397.5(n)]

New York State Office of Temporary & Disability Assistance

12-7

TASB 12/20/2010

CHAPTER 12 – EMERGENCY ASSISTANCE TO ADULTS (EAA) Section E – Fair Hearings

E. FAIR HEARINGS An applicant or recipient for EAA shall be informed of his right to appeal to the department and request a fair hearing when his application has not been acted on promptly or the application is denied or the grant is deemed inadequate (397.8). 1. The form for EAA notification shall be used in EAA cases to apprise the applicant of the district's determination and the method by which he/she may request an expedited fair hearing. The LDSS-4002 “Action Taken on Your Request For Assistance To Meet An Immediate Need Or A Special Allowance” will be used for this purpose. 2. In the case of an applicant for EAA, who alleges that his/her situation is one of immediate need, each local district is required to render a determination of eligibility or ineligibility for an immediate need the same day. If an immediate need does exist and if the applicant is eligible, the immediate need must be met the same day. If the agency decision is that an emergency need does exist, but the emergency is not an immediate need, the emergency must be met for an otherwise eligible applicant in a timeframe that will prevent the emergency from becoming an immediate need. 3. Expedited hearings in EAA will be scheduled as soon as it is reasonably possible. In the larger local districts, where Hearing Officers are usually available, the hearings may be scheduled as quickly as one day after the hearing request is received. In certain small local districts, where Hearing Officers are not always available on a daily basis, special arrangements will be made to insure expedited hearings. Local districts should be aware that the normal six-day notice will not be forthcoming in all cases and that special telephone arrangements will be utilized to insure that the local district has notice of the time and place of the hearings.

New York State Office of Temporary & Disability Assistance

12-8

TASB 12/20/2010

CHAPTER 12 – EMERGENCY ASSISTANCE TO ADULTS (EAA) Section F – Authorization

F. AUTHORIZATION 1. The State prescribed form (LDSS-2921) shall be marked "EAA" to identify it as Emergency Assistance to Adults. Such authorization shall not exceed the amount permitted and shall only be for and in the amount necessary to meet the specific emergency for which this application was made (397.9).

New York State Office of Temporary & Disability Assistance

12-9

TASB 12/20/2010

CHAPTER 12 – EMERGENCY ASSISTANCE TO ADULTS (EAA) Section G – Indicators of Possible Mental or Physical Health Problems

G. INDICATORS OF POSSIBLE MENTAL OR PHYSICAL HEALTH PROBLEMS The following are possible indicators of impairments which affect the individual's ability to manage his/her own affairs: MENTAL INDICATORS 1. Not oriented to time and places; unable to give time of day, day of week, month, year, date; cannot specify present location 2. Unnatural behavior pattern for age groups; characterized by: a. Anxiety – apprehension, tension, or uneasiness which stems from anticipation of danger b. Apathy – unemotional, "I don't care" attitude c. Depression – morbid sadness, crying d. Paranoia – oversuspiciousness, persecutory delusions e. Alcoholism – individual drunk and unable to comprehend situations, slurring speech 3. Excessive dependency, individual cannot act without advice of someone else, appears helpless 4. Forgetfulness, memory lapse, cannot perform intellectual functions 5. Argumentative to an extreme with all 6. Bizarre dress, ill fitting, out of season 7. Extreme nervousness indicated by shaky hands, fidgeting, nail biting, etc. 8. Confused; unable to understand (management of his/her) affairs PHYSICAL INDICATORS 1. Bedridden, wheelchair, difficulty getting out of chairs and walking, transferring; 2. Impairment with sight; hearing; missing limbs 3. Chronic illness or medical problem affecting normal functioning

New York State Office of Temporary & Disability Assistance

12-10

TASB 06/04/2013

CHAPTER 12 – EMERGENCY ASSISTANCE TO ADULTS (EAA) Section H – Grants of Assistance for Guide Dogs

H. GRANTS OF ASSISTANCE FOR GUIDE DOGS (GAGD) Under the SSI program, employed SSI recipients are permitted to deduct work-related expenses, such as maintenance of a guide/service dog, from their countable income. Since the SSI program provides no special provision for the maintenance of guide/service dogs for recipients who are not eligible for such earned income exemptions, State legislation was enacted to remedy this inequity. SSL § 303-a directs SSDs to provide asssistance, in accordance with regulations of the department, to persons with disabilities who have been determined to be eligible for or are receiving federal SSI and/or additional state payments and using a guide dog, hearing dog, or service dog, for the purchase of food for such dog. This form of assistance is administered as a separate Temporary Assistance program called "Grants of Assistance for Guide Dogs" (GAGD). 1. DEFINITIONS a. GRANTS OF ASSISTANCE FOR GUIDE DOGS (GAGD) – means grants of assistance to blind, deaf or disabled individuals who have been determined to be eligible for or are receiving Federal supplemental security income benefits and/or additional State payments and who maintain a guide, hearing or service dog. The grants are for the purchase of food for such guide/ service dogs. b. GUIDE/SERVICE DOGS – A guide/service dog is any dog that is trained to aid a person with a disability and is actually used for such purpose. Guide/service dogs are used to help bridge the gap between a disabled person’s physical abilities and the architectural, cultural and other requirements of our society. The guide/service dog can be trained to transport items, assist in overcoming architectual barriers and perform a variety of tasks for a person with a physical disability. c. Application means an action by which a person indicates, in writing on a form prescribed by the department, his or her desire to receive GAGD. 2. FACTORS OF ELIGIBILITY – In order to be eligible for GAGD, an applicant shall: a. Reside in New York State; b. Be visually handicapped, hearing impaired or disabled; c. Be determined eligible for or in receipt of SSI benefits and/or additional State payments; d. Not have earned income exempted for maintenance of a guide, hearing or service dog pursuant to Federal law or regulation; and e. Maintain a guide, hearing or service dog. Note: Since there is no criteria to identify an individuals specific disability on SDX, as they are categorized only as disabled, a physician's statement establishing handicapping condition is acceptable. Note: Items a, c, and d can be verified by checking the State Data Exchange (SDX) or by contacting SSA.

New York State Office of Temporary & Disability Assistance

12-11

TASB 06/04/2013

CHAPTER 12 – EMERGENCY ASSISTANCE TO ADULTS (EAA) Section H – Grants of Assistance for Guide Dogs

Note: Item “e” will be difficult to verify in the absence of a face-to-face interview. Therefore, the applicant's signed application will be sufficient unless there is clear evidence to the contrary in which case a collateral contact must be made. 3. DETERMINATION OF ELIGIBILITY a. Eligibility shall be determined on the basis of information contained on the LDSS3087 Application/Recertification Guide/Service Dog Food Program. If the applicant uses “X” for a signature, a witness must also sign the application before eligibility can be determined. b. A face-to-face interview shall not be required of applicants for GAGD. c. The verification shall include documentation of the facts alleged in the application, including: (1) The applicant's eligibility for SSI and/or additional State payment. The State Data Exchange (SDX), State Online Query (SOLQ) or SDX-SSI Individual status screen on WMS can be used to verify SSI eligibility or the eligibility for State payments. (2) Blindness, deafness or disabling condition. A physicians statement establishing a handicapping condition is acceptable verification. (3) Maintenance of a guide/service dog. This will be difficult to verify in the absence of a face-to-face interiview. Therfore, the applicant’s signed application will be sufficient unless there is clear evidence to the contrary in which case a collateral contact must be made. (4) Lack of earned income exempted for maintenance of a guide/service dog pursuant to Federal law or regulation. d. Recipients must be advised of their responsibility to immediately inform the local district of any change affecting eligibility including change of address. 4. GRANTING OF GAGD a. Applications must be processed promptly and a decision made within 30 days. b. A grant must be issued in the amount of a $35 monthly cash payment to eligible individuals. 5. AUTHORIZATION a. A State-prescribed authorization form must be marked GAGD to identify it as a grant of assistance for guide/service dogs. b. The authorization amount must not exceed $35 a month.

New York State Office of Temporary & Disability Assistance

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TASB 06/04/2013

CHAPTER 12 – EMERGENCY ASSISTANCE TO ADULTS (EAA) Section H – Grants of Assistance for Guide Dogs

c. Grant amounts must not be prorated. 6. RECERTIFICATION a. All factors of eligibility listed in Section 2 above shall be re-evaluated and verified at a minimum of every six months. b. The GAGD application and recertification form LDSS-3087 shall be used for recertification. c. Recertification shall be completed by mail. A face-to-face recertification shall not be required. d. Form LDSS-3087 must be mailed to the recipient 60 days prior to the recertification date. The Letter for LDSS-3087, LDSS-3097 should be superimposed with the local social services district’s letterhead and must accompany form LDSS-3087. e. Recipients shall be required to report changes of circumstances between recertifications. 7. REIMBURSEMENT a. Expenditures properly made by social services districts under this section, including costs of administration, shall be reimbursed by the State in an amount equal to 100 percent of such expenditures. 8. NOTIFICATION AND FAIR HEARING a. The social services official shall inform each applicant for GAGD in writing of the determination made by the social services district. b. An applicant/recipient for GAGD shall be informed in writing of his or her right to appeal to the department and request a fair hearing when his or her application is denied or the GAGD case is closed. c. The written notice must state the specific reason for denial or termination of GAGD benefits. 9. RECORDS and REPORTS a. Each social services district shall maintain case records and report claiming and caseload information as requested by the department to insure compliance. b. The local social services district must maitain a case record containing the applcation and all subsequent actions tak en in the case. c. The local social services district must designate one individual in temporary assitance to be a contact person for the purpose of this assistance.

New York State Office of Temporary & Disability Assistance

12-13

TASB 06/04/2013

CHAPTER 12 – EMERGENCY ASSISTANCE TO ADULTS (EAA) Section H – Grants of Assistance for Guide Dogs

10. WMS INSTRUCTIONS a. Payment for GAGDis supported on WMS as payment type “A4”. b. The GAGD application, LDSS-3087, accommodates data entry on WMS. d. Payment type “A4” is only allowed in WMS case types 16 (SNA-cash), 17 (non-cash SNA) and 18 (EAA).

New York State Office of Temporary & Disability Assistance

12-14

TASB 12/20/2010

CHAPTER 12 – EMERGENCY ASSISTANCE TO ADULTS (EAA) References

References 02 ADM -02 76 ADM 110 06 INF- 25 TA Energy Manual Section IX 07 LCM -04 attachment 10-INF-11 T

New York State Office of Temporary & Disability Assistance

12-15

  TASB

CHAPTER 13 – CALCULATING THE GRANT Section A – The Budgetary Method

04/13/2017  

   

CHAPTER 13: CALCULATING THE GRANT  

A. THE BUDGETARY METHOD   1. CALCULATING RECURRING GRANT – The budgetary method must be applied to the individual case to determine eligibility and amount of the grant.

  a. When the estimate of regularly recurring needs exceeds the available income and/or resources the difference is to be known as the budget deficit (D). When the available income and/or resources exceed the estimate of regularly recurring need, the difference is known as a budget surplus (S).

  b.

An individual or family is entitled to TA and care when a budget deficit exists; however, a household is not entitled to any cash assistance when there is a budget deficit of less than $10, although the household is considered in receipt of TA.

  c. When the investigation has been completed and need established on a continuing basis, the regularly recurring cash grant shall meet the full “budget deficit”, except that when the estimate of regularly recurring need and/or the amount of the assistance (based on Office Regulations) do not equal a whole dollar amount, the amount(s) shall be rounded down to the next whole dollar amount.

  d. When an item, such as shelter for heating, domestic energy, etc. is paid by voucher or restricted grant, the amount paid shall be deducted from the ensuing regularly recurring cash grant.

  e.

When the budget deficit increases between periods covered by the last regularly recurring grant, a special grant shall be made for the difference. This shall include the allowance necessary to provide on a prorated basis for an additional member of the household or for a member of the TA household who returns home for a visit ($4 per day per child).

  Note:

All monies or orders granted to persons as TA or care cannot be surrendered or transferred and shall be exempt from levy and execution under the laws of the state.

  2.

BUDGET DEFICIT OF LESS THAN $10 – No grants issued, to any TA applicant/ recipient in any month in which the amount of need less any available income results in a budget deficit of less than $10 for the month.

  a. TA cases not receiving a cash grant because the budget deficit is less than $10 for the month will remain eligible for MA, social services and where appropriate, be required to participate in work activities. In instances where the case grant is determined to be zero, or any amount less than $10 as a result of the rounding down of the budget deficit, the case must remain open and the family will still be eligible for MA, social services, and where appropriate, be required to comply with work registration requirements other than work experience.

  New York State Office of Temporary & Disability Assistance

13-1

  TASB

CHAPTER 13 – CALCULATING THE GRANT Section A – The Budgetary Method

04/13/2017

  The following examples are circumstances where a cash grant of less than $10 must be made:

  (1) A TA individual/family has a budget deficit of $28 per month. The local district recovers an over payment of $20. Since the budget deficit for the month prior to any adjustment is more than $10, the client would receive the $8 benefit.

  (2) A TA recipient has a budget deficit of $100 of which $95 is restricted and sent directly to a vendor. Since the assistance for the month totals more than $10, the client would receive the $5 benefit.

  b. The $10 payment provision does not apply to special needs payments which are issued on an irregular basis as long as the recipients combined grant and special needs payment for the month are at least $10.

  3. CALCULATING NEEDS – SSDs must calculate the total monthly household needs of an applicant/recipient, including any special needs. If the total monthly needs do not equal a whole dollar amount, the local district must round the amount down to the next whole dollar amount.

  a. The standard of need used in the gross income test, in determining an applicant’s/ recipient’s eligibility for TA, in the step-parent deeming calculation, or in the alien sponsor deeming calculation, is not rounded down to the next whole dollar amount.

  b. For applicants/recipients (A/R’s) in Level I and Level II Congregate Care facilities, the payment standards are the SSI Benefit Levels. If the A/R in need of Level II substance abuse treatment is temporarily absent from his or her family home, the Level II standard is included as an additional need in the family budget.

  c.

Local districts must then apply the total monthly gross income, after applicable exemptions and disregards, against the household needs. The amount of the resulting deficit, if not a whole dollar amount, must be rounded down to the next whole dollar amount.

  Note: The income is not rounded down to the next whole dollar amount.

  4.

CHANGE IN ELIGIBILITY OR BENEFIT – All SSDs must adjust TA grants to reflect date specific changes in eligibility or benefit entitlement. This is true for all cases except when a timely report of new or increased earnings is made. Then, the district must apply the administrative processing period. For additional information about the administrative processing period, please see this Section #9. For all changes except changes resulting from the timely report of new or increased earnings:

  a. SSDs are required to immediately adjust the grant when a recipient experiences a change in circumstances. It is not appropriate to automatically adjust a recipient’s grant to coincide with the start of a new payment quarter. The change in grant must be made to coincide with the effective date of the timely (or when appropriate, adequate) notice.

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  b. SSDs are required to calculate an over/underpayment from the effective date of the notice if benefits cannot be prorated because they have already been sent to the recipient/vendor.

  5. DATE SPECIFIC ELIGIBILITY RULES – The fundamental rule of date specific eligibility is that eligibility or entitlement to a specific benefit amount may change on any given date within a month. This will occur for a number of reasons. For example, a case member may leave the household, resulting in a reduced benefit amount, or an entire case may lose eligibility for failure to comply with a procedural requirement.

  a.

Under date specific eligibility, SSDs must immediately initiate action to adjust the grant when the recipient experiences a change in circumstances. It is not appropriate to wait to adjust a recipient’s grant until the start of a new payment cycle.

  b. These procedures apply not only to recurring cash grants, but also to restricted payments such as vendor and two-party checks.

  c.

The local district cannot adjust the grant until the appropriate timely and adequate notice is provided. The actual change in grant must coincide with the effective date of the notice.

  For example, a recipient fails to recertify on June 26 and the local district sends a discontinuance notice that same day which is effective July 6. Therefore, the recipient would be entitled to benefits through July 5, unless the recipient recertified or established a “good cause” reason for not recertifying.

  d. It is not necessary to include the specific amount of the prorated benefit in the notice of intent. If a CNS Notice is not sent it is necessary to indicate:

  (1) What the change in the grant is, (2) When it is effective, and (3) The number of days the client will receive each rate.

  For example, Mary Johnson is receiving an FA grant of $300 semi-monthly for herself and three children. When the local district discovers that it does not have a Social Security Number for one of Mary’s children, it requests that Mary provide a number for the child or apply for a SSN and provide verification that she has done so. When Mary doesn’t provide the requested verification and does not tell the worker there is a reason why she cannot do so, the worker sends Mary a timely reduction notice (by using CNS Code F21) deleting her and the child from the grant effective June 20.

  6.

PRORATION RULES – When a case is closed or benefits are reduced, the TA grant must be prorated so that only those benefits to which the recipient is entitled, if any, are provided. Any benefits that have been provided for a period in which the recipient was no longer eligible for benefits or eligible for lesser benefits must be recovered.

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  Proration rules are used to determine the portion of a benefit or a cash grant which a recipient is entitled to receive for any part of a month.

  a. To prorate a grant, the local district must first establish a daily rate. This is done by dividing a monthly amount by 30 days or a semi-monthly amount by 15 days. This daily rate is then multiplied by the number of days in the period for which the proration is being done. The result of this calculation rounded down to the nearest dollar is the prorated grant.

  b.

A 30 day standard is used when prorating grants. This means that each month is considered to have 30 days regardless of the actual number of days in the calendar month. Likewise, semi-monthly periods are considered to have 15 days.

  7. PRORATING TA GRANTS – SSDs must follow date specific eligibility rules when there has been a change in a recipient’s circumstances. Using these rules, SSDs must prorate benefits to coincide with the effective date of the notice of intent to change or discontinue a grant.

  a. It may not always be necessary or possible to prorate a grant during a payment cycle. Changes in a recipient’s circumstances which coincide with the start of a payment cycle can be processed using current procedures.

  In addition, other factors, such as the cut-off date for entry into WMS and whether cash grants or vendor payments have already been sent to the client or vendor must be considered.

  b. In most instances, SSDs will be able to adjust the grant for date specific changes.

  For example, a local district is notified on June 23 that an FA family is financially ineligible, because the mother has started receiving Social Security benefits in excess of the standard of need. A notice would be sent to discontinue benefits for July 3rd, and the family would receive prorated benefits for July 1 and 2.

  If the family’s monthly cash grant were $300 and their monthly shelter voucher $270, the prorated benefits would be determined as follows:

  $300 cash grant ÷ 30 days x 2 days = $20 prorated cash grant $270 shelter voucher ÷ 30 days x 2 days = $18 shelter voucher A $20 cash benefit and an $18 shelter voucher would be provided for July 1st and 2nd.

  c.

These same rules will apply to reductions, increases and discontinuances. For example, a parent and child are sanctioned from a three-person TA case for failure to apply for a Social Security Number for the child. The local district sends a reduction notice on June 26 effective July 6. The benefits from July 1 through 5 would be prorated at a three-person rate, and the benefits for July 6 through July 30 would be prorated at a one person rate. Note that this period only contains 30 days even though July has 31 calendar days, since a 30 day standard is used for TA. The use of a 30 day standard means the 31st day is ignored. If the reduction in grant is from $600 to $390 monthly, the prorated benefits would be determined as follows:

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$600 (3 person rate) ÷ 30 days x 5 days = $100 $390 (1 person rate) ÷ 30 days x 25 days = $325

  Thus instead of receiving $600 in July, the family would be entitled to receive $425.

  d.

Any request for assistance after a closing is considered a new application, even though a new application form is not required if the client reapplies within 30 days of case closing or application denial. For FA applications, TA benefits must be prorated from the date of compliance. For SNA, benefits begin on the 45th day after application. Therefore, for both case types, TA benefits are not restored to the date of closing.

  e. When a client fails to recertify, it is not acceptable to wait until the end of the current authorization period to close the case. The local district must provide adequate and timely notice as soon as possible and prorate the TA benefit to coincide with the effective date of the notice. If the benefit cannot be prorated because it has already been issued, then an overpayment must be calculated to reflect any benefits provided from the effective date of the notice.

  f.

Proration rules do not apply to the child support pass-through payments.

  g. A pregnancy allowance is not prorated for the initial month of eligibility or the month the child is born. In these instances, the full monthly allowance is provided. For example, if a recipient’s fourth month of medically verified pregnancy began March 21, the recipient is entitled to receive $50 for March. The same holds if the child was born on March 21st.

  However, if the local district is discontinuing a TA recipient, the pregnancy allowance must be prorated like all other TA allowances. For example, if a pregnant recipient’s TA case is being closed effective June 6, the recipient would be entitled to five days of the pregnancy allowance, or $50 divided by 30 days x 5 days = $8.33.

  h.

Once a monthly rent voucher has been sent to a landlord, the local district must honor the full monthly amount. However, if the recipient was ineligible from the 10th of the month on, the local district must calculate an over payment for the portion of the monthly voucher which covers the period from the 10th through the 30th.

  8.

OVER/UNDERPAYMENTS – If TA benefits cannot be prorated because they have already been sent to the recipient/vendor, the local district will be required to calculate an over/underpayment.

  For example, a single SNA client is receiving $300 in rent as a two-party check and $25 semi-monthly as a cash grant. After the recipient fails to recertify on June 29, the local district sends a discontinuance notice on July 1, effective July 11th. The local district cannot prorate benefits for the period from July 1 to July 10 since both the monthly rent check ($300) and the semi-monthly cash grant ($25) have already been sent. Therefore, an overpayment exists from July 11 through 30 and from July 11 through 15 for the cash grant. This would be calculated as follows:

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Client received $325 for the month (rent and cash grant) Client should have received $300 (monthly rent) ÷ 30 days x 10 days = $100 $25 (s/m cash grant ÷ 15 days x 10 days = $16.66 Overpayment $325 - $116.66 - $208.34

  SSDs must also be aware that for financial changes in circumstances, such as those related to income, resources, lump sums, etc., the change in entitlement to benefits often predates the effective date of the notice. For example, a client may have been ineligible for several months because of unreported income, even though the local district is just now discontinuing assistance. In these instances, the overpayment must be calculated back to the month in which the change occurred.

  Note: SEE TASB CHAPTER 22 FOR ADDITIONAL INFORMATION ON OVERPAYMENTS.

  9. CALCULATING INCOME: SEE TASB CHAPTER 18   WMS INSTRUCTIONS

  a.

PRORATION PROVISIONS – WMS Issue Code "P - PRORATE" identifies an amount to be prorated on screen 6 of the LDSS-3209. The following requirements apply to the use of "Issue Code - P":

  (1) The case type must be 11 (FA), 12 (non-cash SNA-FP), 13 (FA-FC), 16 (cashSNA), 17 (non-cash SNA- FNP), 18 (EAA) or 19 (EAF).

  (2) The payment type must match a corresponding recurring payment type, except that 69 will match a 05 or K1 payment type. The payment types below are valid with Issue Code P: 10, 11, 12, 14, 25, 26, 28, 29, 30-38, 40, 46-50, 54-56, 58, 59, 62-64, 66, 69, 71, 81, A6, A7, C7, D2, E1, E3, E5, E7, R0-R7, R9, T1, T2, Q1, Q2, Q4, Q6 (see WMS Code Cards for definition).

  (3) The amount must match a corresponding recurring payment line. (4) The WMS Payment Schedule Code must = "M" or "S". (5) The WMS Payment Schedule Code must match a corresponding recurring payment line, ("M" or "S" will match a blank on the recurring line).

  (6) For a "pre-change" proration with a "from" date equal to 01 or 16, an historical recurring line must exist, and the "from" date of the proration pay line must be equal to the "old" recurring "to" date plus one day.

  (7) For a "post-change" proration with a "from" date other than 01 or 16, a nonhistorical recurring line must exist, and the "to" date of the proration pay line must be equal to the "new" recurring "from" date minus one day.

  (8) The "from" and "to" dates on the proration pay line must be equal to the same month.   New York State Office of Temporary & Disability Assistance

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(9) If a "pre-change" proration line and a "post-change" proration line exist, the "to" date of the "pre-change" proration line and the "from" date of the "post-change" proration line may not overlap.

  (10) Upon error-free transmission of a prorated payment line, the Issue Code will be changed to "2 – Once Only", and the amount will be changed to an amount equal to the proportional share (30 days for monthly, 15 days for semi-monthly) of the amount based on the number of days in the effective period.

  (11) The above change to Issue Code and Amount will not take place until all of screen 6 is error-free in order to facilitate identification and error correction. After an error-free transmission of screen 6 and Issue Code and Amount are changed, screen 6 must be re-transmitted. This is to allow an opportunity to review the prorated amount and make necessary adjustments to the input documents to reflect the newly authorized amount.

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CHAPTER 13 – CALCULATING THE GRANT Section B – Determining the Amount of the Grant

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B. DETERMINING THE AMOUNT OF THE GRANT   1.

FIRST FA PAYMENT – The amount of the initial FA grant of recurring financial assistance must be computed starting with the date of establishment of FA eligibility or the 30th day after the date of application, whichever is earlier.

  a. Determining the amount of the initial grant, the monthly budget deficit must be prorated to reflect the number of days in the month in which there was initial coverage, based on the TA monthly standard of 30 days.

  b. A first FA payment must be made as soon as possible, but not later than within 30 days of the date of application. When eligibility has not been established, but an immediate need is determined to exist, an emergency grant of assistance must be made.

  2. FIRST SNA PAYMENT – SSDs must compute the amount of the initial grant of recurring SNA financial assistance beginning on the 45th day from application, with the application date as day one. State reimbursement will not be made for payments prior to the 45th day unless such payments are required to meet emergency circumstances. SSDs are not required to make SNA recurring grant payments before the 45th day at local expense.

  a. This 45-day application period does not apply to payments required to meet emergency circumstances which include, but not limited to:

  (1)

No food;

(2) No shelter; b. Upon the 45th day from application filing date, if shelter has not been paid, the applicant would receive maximum shelter allowance regardless of the day of the month. The payment is reimbursable as Safety Net Assistance.

  c. Threat of eviction;

  d. No fuel for heating during the SSD’s cold weather period;

  e. A utility disconnect notice and scheduled for shut-off within 72 hours or utilities have already been disconnected;

  f.

Lack of items necessary for health and safety when there are no resources, such as family and community resources, available to meet the emergency need.

  Lack of items necessary for health and safety includes residential substance abuse treatment and items needed to remove barriers to self-sufficiency.

  Payments to SNA applicants to meet these emergency circumstances are eligible for State reimbursement as long as all other requirements in Office regulations are met. Such emergency grants must be justified in the case record.

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Under the "SNA Applicant Job Search Program," participants must be provided with transportation monies when needed to make the required job contacts. These funds are to be distributed prior to the 45th day.

  3. RENT

  a. If the initial month’s rent is already paid, it will not be considered in the standard of need for purposes of determining the initial month budget deficit, except when such rent was paid from income that is being budgeted. However, any cash deficit is prorated for the number of days of eligibility in the month of acceptance. No rental amount is deducted prior to prorating the grant.

  b.

If a client borrows money from a legally responsible relative to pay rent during the month of application and the money is used to pay all or part of rental expense, the local district budgets only the unpaid portion, if any, as the client’s shelter expense in determining of eligibility and amount of entitlement for that month. If all, or a portion of the income is not used to pay rent, then the amount not used is unearned income (ABEL unearned income code “99-Other”). The fact that the legally responsible relative is only loaning the rent money to the TA recipient does not impact on the situation

c.

For the local district to pay a full monthly agency maximum rental expense at application, there does not have to be an emergency shelter situation. If the rental payment is necessary and the client is eligible for a grant, the SSD can provide the full month shelter expense, up to the local district shelter maximum.

 

  INCOME MUST BE BUDGETED IN ACCORDANCE WITH THE INSTRUCTIONS FOUND IN CHAPTER 18.

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CHAPTER 13 – CALCULATING THE GRANT Section C – Use of the Budget Worksheet

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C. USE OF THE BUDGET WORKSHEET   1. DEFINITIONS

  a. PRO-RATING – The process of calculating an amount for the specified number of days which are fewer, or more than, the regular period for which the need was established.

  EXAMPLE: Pro-rating the amount of a monthly grant for a 20 day period. Monthly assistance divided by 30 days equals one day, multiplied by 20 days equals 20 days prorated assistance.

  b. PROPORTIONATE SHARING – The pro-rating of allowance and income amounts so that each segment of the household is charged to its appropriate program.

  EXAMPLE: A household of three, one of which receives SNA and the other two receive FA.

  c. AVERAGING – The process of determining a budget item amount when there are a series of varying amounts over a period of time.

  EXAMPLE: When an applicant/recipient’s income is different for each week of a fourweek period. Add the four pay periods, then divide by four to arrive at an average weekly pay.

  d. CONVERTING – The process of calculating the income amount received for a period which is shorter than the period of coverage on which the budget is based. ABEL will systematically perform conversion from data entered in the “Earned Income” section of the ABEL input screen based on the frequency (“F”) code and “Gross” amount fields.

  EXAMPLE: Convert weekly income to a monthly income equivalent by multiplying the weekly amount by 4.333 or a bi-weekly amount by 2.166.

  3. An ABEL budget must be completed for each new or reopened TA case.

  4. The budget shall be recalculated whenever there is a change in the needs, income or allowance schedules of the SSD.

  5. It is important to store on the system, and retain a paper or electronic record, of budgets calculated which establish ineligibility or eligibility. Such information is useful for case reviews required as the result of a court suit, fair hearing decision or change in policy.

  5. Exceptions for completion of the ABEL budget are listed in the ABEL manual, Section G (Budget Limitations/Special Procedures). Such budgets may be calculated and stored as Bottom-Line Budgets on WMS. If ABEL Budgets are not available, the recipient/ applicant is to receive copies of Form LDSS-548, Budget Worksheet-Public Assistance.   6. ABEL budget information is found in appropriate CNS notice.

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CHAPTER 13 – CALCULATING THE GRANT Section D – Filing Unit – Persons Included in the TA Household

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D. FILING UNIT – PERSONS INCLUDED IN THE TA HOUSEHOLD   The following definitions shall apply to the filing unit provisions only:

  1. FILING UNIT DEFINITIONS

  a. Filing Unit – Filing unit refers to those individuals who are required to be included in the TA household and case count.

  b. Dependent Child – A child under 21 years of age living with parent(s) or other caretaker relative.

  c. Minor Dependent Child – A dependent child, who is under 18 years of age. d. Parent – Natural (biological) or adoptive parent, but not step-parent. e. Sibling – Blood related (at least one common parent) or adoptive brother or sister under the age of 18 but not step-brother or step-sister (no blood relation).

  f.

Minor Parent – Parent under age 18.

  2. FEDERAL FILING UNIT REQUIREMENT

  The filing unit rule dictates that certain persons are required to participate in a case whether they choose to or not. This ensures that all appropriate income and resources will be counted toward financial eligibility. The applicant or recipient must include:

  a. His or her minor dependent children in the application.

  b.

A minor dependent child applying for temporary assistance requires certain other household members residing in the same dwelling unit to apply as well, they include:

  (1) Natural or adoptive parents,

  (2) blood-related or adoptive brothers and sisters (who are also minor dependent children) under 18.

  Example of filing unit requirement:

  Ms. Jones has two minor children, Molly, age 4 and Sam, age 9. She has applied for assistance only for herself and 4 year old Molly. She receives child support for Sam. However, under the filing unit requirement, Ms. Jones, Molly and Sam must all be included in the TA household.

  3. EXCEPTIONS TO THE FILING UNIT

  a. A parent cannot be required to include the following relatives of a child in his/her application for assistance,

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  b. Blood related siblings 18 and over,

  c.

Step-Parents, in instances where a step-parent does not apply for assistance, current stepparent deeming procedures apply. (See TASB Chapter 18, Section P)

 

d. Step-siblings,

  e. Parents and siblings receiving SSI, see this Chapter, Section H.

  f.

Aliens who do not meet eligibility criteria (i.e., ineligible, illegal, undocumented), individuals ineligible due to the lump sum provision, and children receiving exempt adoption subsidies. Aliens who fail to meet the citizenship and alien age requirements must be budgeted in accordance with this Chapter, Section F.

g.

RECIPIENTS OF LUMP SUM PAYMENTS – These cases must continue to be budgeted in accordance with the lump sum provisions specified in 81 ADM-55, 84 ADM-39 and Office Regulation 352.29(h) and TASB Chapter 18, Section V. Persons not in the assistance unit during the month of lump sum receipt must be budgeted as a separate assistance unit. For example, a newborn would be a case of one. (85 ADM-33)

 

  h. A child on whose behalf an adoption subsidy is paid unless including the child and the adoption subsidy payment will increase the TA benefit to the family.

  i.

A child in receipt of foster care benefits.

  Exemption Example: Ms. Smith is applying for FA for herself and her two minor dependent children Martha and Stewart. She has recently remarried and her new husband Carl does not wish to apply. Filing unit policy allows Carl, the step-parent, to be a non-applicant. However, Carl is financially responsible for his wife and two stepchildren. As a result, Ms. Smith must supply verification of Carl’s income and that income will be deemed. Note: When Ms. Smith and her husband have a child of their own, the filing unit rules will require Carl to apply with the rest of the family because the common child will draw the step-parent and siblings into the case.

  4. SAME SEX MARRIAGE AND THE FILING UNIT – When applicants for and recipients of TA claim and verify the status of their same-sex marriage, filing unit rules continue to apply. In those instances, where the same-sex partner of a custodial parent whose children have no blood relationship and were not legally adopted by his/her spouse, filing unit rules dictate that his/her same-sex spouse be treated as any other step-parent.

  5. ALIENS AND THE FILING UNIT – Some aliens mandated into the filing unit may require a separate co-op case due to alien eligibility rules.

  Example: A child born in the U.S is eligible for Family Assistance (FA) but one of the child’s parents is an alien who may require a separate Safety Net Assistance (SNA) coop case due to the alien eligibility rules.

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CHAPTER 13 – CALCULATING THE GRANT Section D – Filing Unit – Persons Included in the TA Household

         

6. FILING UNIT: NON-PARENT CAREGIVER:

  a. The non-parent caretaker relative is not a mandatory filing unit member. A Nonparent caregiver of a non-applying child is not required to apply for the child in his/her care because there are no legal lines of responsibility.

  b. Non-parent caregiver is not required to have legal custody or guardianship of the child in his/her care. When the non-parent caretaker relative does not have legal custody, the available documentation must clearly establish that the non-parent caretaker relative is exercising parental responsibility. The following examples demonstrate exercising parental responsibility.

  c. A non-parent caretaker relative can continue to be included in the filing unit when a natural parent is in the same household and is not exercising parental responsibility. See 91 INF-12.   d. When a non-parent caretaker relative has legal custody of a child that is a clear indication that the parent is not exercising parental responsibility. In such cases, the filing unit would include both the natural parent and the non-parent caretaker relative with the non-parent caretaker relative designated as case payee. Both the nonparent caretaker relative and the parent would be identified by the individual categorical code "13-FA Dependent Relative". See 91 INF-12.  

Example of a child with a non-parent caregiver Phyllis Darwin is the caregiver of her minor grandchild, Sylvia. Ms. Darwin is applying for TA only for herself because Sylvia receives child support. Ms. Darwin is a relative non-parent caregiver and is exempt from the filing unit requirement. She may apply for and, if otherwise eligible, receive FA without having her granddaughter Sylvia on the case.

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CHAPTER 13 – CALCULATING THE GRANT Section E – Failure to Comply with Filing Unit Requirements

 

E. FAILURE TO COMPLY WITH FILING UNIT REQUIREMENTS   If the parents and siblings of the applying minor dependent child who are required to file an application for assistance fail to do so or fail to comply with all other eligibility requirements, (other than those for which sanctions are imposed as specified in this Chapter, Section N) the entire family is ineligible for assistance.

  FILING UNIT EXAMPLES:

  1. Harlan resides with his girlfriend, Loretta, their child in common, Beverly, and Wilfred, his child from a previous relationship. Harlan wants TA for himself alone. Loretta is employed full-time and does not want TA. Harlan must apply for both of his children. Loretta will be drawn into the filing unit by her daughter, Beverly. The eligibility of the household will be determined by counting any income (after appropriate disregards) against the needs of the household. If the other household members will not apply, Harlan is ineligible.

  2.

Roberta is applying for TA for herself. Also in the house is a 7-year old grandchild, Trevor, who is in the care of Roberta. No one else lives in the household. Roberta does not have to apply for Trevor because Roberta is not Trevor’s parent.

  3. William and two of his children, Donald (age 15) and Kathy (age 12), are applying for TA. William’s older daughter Angela is 17, not in school, earns $600 per month, and does not want to apply for assistance. Angela contributes $200 per month to help out with household expenses. Since Angela is a minor dependent child, she must be included in the filing unit and her entire income ($200) would be budgeted as income to the household. If Angela was 18 years or older, she would not be a required filing unit member. She would be treated as a self-maintaining non-legally responsible individual and her actual contribution ($200) would be budgeted as income to the household.

  4. Melody is applying for TA only for her 8-year old daughter, Tayla. Matthew, her husband, is willing to support Melody, but is not Tayla’s father and feels that Tayla is not his responsibility. Filing unit rules do not require step-parents to apply with minor dependent children. However, as the natural parent, Melody is required to apply with Tayla. Matthew is subject to step-parent deeming procedures.

  5.

Juan is applying for his grandson, Enrique (age 12), whose mother has been incarcerated. Enrique’s half-sister, Carmen (age 14), has recently moved in. Carmen’s father is paying Juan $300 per month to help with Carmen’s expenses. Juan receives Social Security Retirement benefits and does not want assistance for himself or Carmen. Filing unit rules require that blood-related brothers and sisters who are also minor dependent children apply together. Carmen and Enrique are blood-related through a common parent. Juan is not a parent and is not required to apply. The money received on Carmen’s behalf will be budgeted as child support income for the household.

  6. Michelle lives with her two children, Tim (age 11) and Nadine (age 14). Tim receives SSI and Nadine receives child support. Michelle does not want to apply for either child. Michelle does not have to include Tim because he is exempt from filing unit requirements due to receipt of SSI. Nadine must be included in the case. The eligibility

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CHAPTER 13 – CALCULATING THE GRANT Section E – Failure to Comply with Filing Unit Requirements

  of the two-person filing unit will be determined using the income of both filing unit members, including the child support.

  7.

Naomi and her son Nathan (from a previous relationship) live with Oscar and his son Omar (from a previous relationship). Naomi and Nathan are in receipt of TA. Omar and Naomi wed and have a child, Penelope. All three children are under 18 years of age. Penelope draws in Nathan and Omar because they are blood-related siblings. Nathan and Omar draw in their respective parent. All five individuals in the dwelling unit must be part of the filing unit and included in the case.

8.

Lupe applied for TA for her nephews, Angel (age 2) and Luis (age 5). Lupe does not wish to apply for assistance. Also in the household is Luis’s half-sister, Jonita, who is 17 years old. Jonita receives $600 in monthly Social Security Survivor’s benefits. Since minor dependent children are applying (Angel and Luis), Jonita must also apply. Because Jonita is a minor dependent sibling she is included in the filing unit and her Social Security Survivor’s benefit ($600) is budgeted against the entire filing unit. Lupe is not a parent and is not required to be part of the filing unit.

 

  9. An aunt applied for TA for her 2 and 5 year-old nephews. Also in the household is the 5year-old's half-sister who is 17 years old. The 17- year- old receives $400 in monthly Social Security Survivor's benefits. Since minor dependent children are applying, the 17year old sibling must also apply since she is also a minor dependent child and her SSA benefits are applied against the entire filing unit household.

  10. Jean Walker resides in NYC in a household with her boyfriend, Jim, their four-year-old common child, Tommy, and Jean's eight-year-old daughter, Linda, who is from a previous relationship. Jim receives $75.00 weekly in Unemployment Insurance Benefits. Jean has applied for assistance for herself and Linda. Tommy must apply because his blood related sibling is applying. He in turn pulls his father, Jim, into the filing unit. Jim's income is budgeted against the entire filing unit.

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CHAPTER 13 – CALCULATING THE GRANT Section F – Co-Op Cases

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F. CO-OP CASES   1. DEFINITIONS

  a. CO-OP CASE – This applies when two or more assistance units in the same dwelling unit are eligible for separate grants of TA.

  b. LEGAL LINES OF RESPONSIBILITY – A legally responsible relative is a spouse for spouse or a parent (including step-parent) for a child under 21.

  c. ECONOMIC UNIT

  (1) If there are no legal lines of responsibility between the cases, the SSD must determine if the household is a single economic unit or separate economic unit.

  (2) A single economic unit is determined to exist if the head of household of each assistance unit state that the assistance unit:

  (a) Pool income and resources; and

  (b) Purchase and prepare food together; and

  (c) Share the cost of household expenses, such as utilities, fuel, insurance, and car maintenance.

  (3) Separate economic units are determined to exist if a head of household states that some, but not all, of the above arrangements apply to their household.

  (4) Households may change their financial living arrangements at any time. The worker must document the change in the case record.

  2. SINGLE ECONOMIC UNIT – PRORATION OF NEEDS – When the adults in the co-op cases indicate that they are functioning as a single economic unit and there are no legal lines of responsibility between members of either case, all items of need are prorated EXCEPT shelter. Each case would receive the lesser amount of the prorated actual cost or the maximum shelter allowance for the number of individuals in each particular case. This calculation is completed by ABEL for more information see ABEL manual Section G

  3. SEPARATE ECONOMIC UNIT – PRORATION OF NEEDS

  a. When the adults in the co-op cases indicate that they are functioning as a separate e economic unit NO items of need are prorated, including shelter.

  b. Do not prorate the shelter allowance of a case which resides with another TA case when the assistance units reside as a separate economic unit and each has a bona fide separate landlord tenant relationship.

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  An example of a bona fide separate landlord tenant relationship is when each unit has a separate lease with the landlord which establishes the rights and obligations of that tenant and which are unaffected by the actions of the other tenant.

  c. Each case receives a full grant for the number of household members in that case. However, the total amount of the shelter allowances for each case cannot exceed the actual shelter allowances for the entire household. When this occurs, amounts will be prorated so that the total amount does not exceed the actual cost.

  d. The proration indicator “S” is entered to indicate separate economic units.

  4. PRORATION OF FUEL ALLOWANCE FOR CO-OP HOUSEHOLDS

  a.

For co-op cases with legal lines of responsibility or co-op cases that are single economic units. If an adult member, who is the tenant and customer of record, documents responsibility for payment of a heating bill, the monthly fuel for heating allowance will be prorated between the cases.

  b. For separate economic units, if an adult member, who is the tenant and customer of record, documents responsibility for payment of a heating bill, an allowance for fuel for heating allowance will be allowed for the case responsible for payment of fuel costs based on the number of individuals in that household. The other household in the cooperative case will not be allowed any fuel cost.

  c. If tenant and customer of record for the heating bill cannot be documented no fuel allowance will be given to any assistance unit.

  5. PRORATION OF WATER ALLOWANCE FOR CO-OP HOUSEHOLD – This allowance must be prorated among the assistance units sharing the same dwelling unit, regardless of whether the units form a single economic unit.

  6.

Proration of legally responsible individual’s income. When budgeting cooperative filing unit cases in which a member of one cooperative case is legally responsible for members of the other cooperative case, the legally responsible individual's income must be prorated between his/her legal dependents in his filing unit and those in the cooperative case. To accomplish this proration on ABEL the following procedure must be applied:

  a. Enter in the DP-HH (Number of Dependents in Household) field the total number of applying legal dependents regardless of which cooperative case they are in. This includes the legally responsible relative.

  b. As each cooperative case is budgeted, enter in the DP-CA (Number of Dependents in Case) field only the number of applying legal dependents in that case. The legally responsible relative must be included only when budgeting the case in which contains him/her. This information is located in ABEL Manual Section G, Subsection 2(b)(iii).

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  c. The legally responsible individual's earned income is entered on the budgets of both cooperative cases using TA Earned Income Source “22 Earnings of a LRR in Co-op Case”.

  d. Unearned income is entered on both budgets using a TA Unearned Income Source “72-Income of a LRR in Co-op Case”.

  7.

ADDITIONAL ALLOWANCES – Do not prorate additional allowances for any other recurring special need included in the standard of need including pregnancy allowance.

  8. The following chart summarizes the prorated items of need and ABEL codes:

  CO-OP DESCRIPTION Legal responsibility between cases Single economic unit with no legal responsibility Separate economic units/no legal responsibility

PRORATED ITEMS OF NEED All items of need (including shelter) are prorated Full shelter: all other items of need (basic allowances) prorated Full allowances for all items of need including shelter

ABEL ENTRY – SHELTER “PRO” FIELD Leave “PRO” field in ABEL blank Enter “N” in “PRO” field

Enter “S” in “PRO” field

 

9.

NOTE: Co-Op budgeting does not apply to TA recipients in Level I, Level II and Level III Congregate Care facilities. Each recipient is to be budgeted as a separate household.

  10. EXAMPLES OF CO-OP CASES

  a. EXAMPLE 1: LEGALLY RESPONSIBLE RELATIVE

  An 18-year-old mother of one and her sister, a 19-year-old mother of two are applying for assistance in Albany County. They reside in their mother’s household, who is able to support her daughters. The grandmother charges $200.00 per month to meet the shelter expenses with heat, for the 18 year olds child, and $290.00 per month to meet the shelter expenses with heat, for the 19 year olds two children.

  Since minor dependent children are applying for assistance, the parents are required to apply, making filing units of 2 and 3. The mothers are 18 years of age or over, so the grandmother's income cannot be deemed available to the filing units, but the grandmother's income can be used to meet the mothers' needs. The grandmother is legally responsible for her daughters until they are 21 years of age. The mothers are one economic unit and are budgeted cooperatively.

  BUDGET   Bottom Line budgets must be done giving the 18 year olds family 2/5 Basic Allowance, HEA and SPMNT, and the 19 year olds family 3/5 Basic Allowance, HEA and SPMNT. The children's actual shelter is totaled and prorated 1/3 and 2/3. This

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  amount is compared against the prorated shelter maximum for 5 (1/5 and 2/5). The mother’s pro-rata shares of the Basic, HEA and SPMNT is counted as income.

  18-year-old HH = 2

ACTUAL

ALLOWANCES

BASIC ALLOWANCE

 

HEA

 

19.08

SPMNT

 

14.80

SHELTER

$213.60

$163.33

TOTAL NEEDS

77.20 $324.00

 

123.74

UNEARNED INCOME   SOURCE 88 CASH GRANT   SEMI

$200.00 (ROUNDED) $100.00

 

  $213.60

 

 

19.08

 

 

14.80

 

 

$247.48

=$123.74

UNEARNED INCOME SOURCE 88

  19-year-old HH = 3

ACTUAL

ALLOWANCES

BASIC ALLOWANCE

 

$320.40

HEA

 

28.62

SPMNT

 

22.20

SHELTER TOTAL NEEDS

$326.67  

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  -123.74

UNEARNED INCOME   SOURCE 88 CASH GRANT

 

401.00(ROUNDED)

SEMI

 

$200.50

  $320.40

 

 

28.62

 

 

22.20

 

 

$371.22 ÷ 3

=$123.74

=UNEARNED INCOME SOURCE 88

 

  b. EXAMPLE 2: HOUSEHOLD AS ONE ECONOMIC UNIT WITH ESSENTIAL PERSON RECEIVING A SEPARATE GRANT

  A 21-year-old mother of one and her 28-year-old brother are applying for assistance in Albany County. The rent charge for the apartment is $500.00.

  BUDGET Consider that the household states that they reside as one economic unit, and the 28-year-old brother is considered an Essential Person (FA-EP). This budget must be done as a bottom line budget. To find the correct amounts for the bottom line budget, first do the budget as co-op budgets.

  HH = 3, CA = 2 BASIC ALLOWANCE HEA SPMNT SHELTER TOTAL NEEDS

Mom and Child ACTUAL

$500.00

ALLOWANCES $224.00 20.00 15.33 219.00 $478.00(ROUNDED)

  HH = 3, CA = 1 BASIC ALLOWANCE HEA SPMNT SHELTER TOTAL NEEDS

EP Brother ACTUAL

$500.00

ALLOWANCES $112.00 10.00 7.67 214.00 $343.00(ROUNDED)

 

*Use shelter proration indicator N. That will allow for the proration of the allowances other than shelter. The shelter allowances are determined first by prorating the ACTUAL. In this example, $500 2/3 = $333.33. The brother's 1/3 share of the actual

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  rent is $166.67. Since $333.33 is more than the shelter maximum for 2; mom and child get the shelter maximum for two persons ($219.00). Since $166.67 is less than the shelter maximum for one person, determine if there is still any unmet shelter need. ($500 - 219 = $281.00) The brother's shelter allowance will be no less than his pro-rata share of the actual rent but it can be, as in this example, the unmet shelter need up to the shelter allowance for one person (with children), $214.00. The total rent paid to the household is $219 + 214 = $433.00. On the bottom line budget, enter the totals of both coop budgets in the appropriate fields. For example, for the basic allowance, enter $300.00. For the shelter allowance, enter $433.00. For the total needs, enter $785.00 (total of $454 and $331.)

  c. EXAMPLE 3: SEPARATE ECONOMIC UNITS – NO LEGAL LINES OF RESPONSIBILITY

  A 21-year-old mother of one and her 28-year-old brother are applying for assistance in Lewis County. The rent charge for the apartment is $500.00.

  BUDGET Consider that the household states that they reside as separate economic units, and the 28-year-old brother is considered an Essential Person (FA-EP). This budget may be done as a single budget.

  HH = 3, CA = 3 BASIC ALLOWANCE HEA SPMNT SHELTER** TOTAL NEEDS

FA Budget ACTUAL

$500.00

ALLOWANCES $410.00 36.60 28.00 390.00 $864.00(ROUNDED)

 

** There is one Danks Essential Person (EP). A Danks EP is a person who is eligible for SNA, resides with a FA family, is not legally responsible for any member of the FA unit, and lives as a separate economic unit from the FA family. In this example, there is one Danks EP, so the worker would enter “1" in the proration indicator field on ABEL. The result of that proration indicator is that the ABEL budget will provide the full allowances for two persons plus the full allowances for one person. The shelter allowance will be determined by ABEL using the same method as described in Example 5.

  Do not prorate additional allowances for any other recurring special need included in the standard of need.

  d. EXAMPLE 4: LEGAL LINES OF RESPONSIBILITY Mr. and Mrs. Thompson reside together and Mr. Thompson is the step-father of Mrs. Thompson's two children. Mrs. Thompson and her two children are in receipt of an FA grant. Mr. Thompson is currently unemployed and although he could be considered an essential person and included in the FA case, he has opted to receive a separate grant. The rent receipt and heating bill are in Mr. Thompson's name.

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  As there are legal lines of responsibility in this household, the monthly heating fuel allowance is prorated between the two cases; Mr. Thompson receiving 1/4 and Mrs. Thompson 3/4. Since there are legal lines of responsibility, each case receives a prorated shelter allowance based on case size.

  e. EXAMPLE 5: NO LEGAL LINES OF RESPONSIBILITY Mrs. Koreman and Ms. Ford share a rented one family home. Both women are in receipt of FA, Mrs. Koreman for herself and her three children, Ms. Ford for herself and her two children. The monthly rent is $325 and does not include heat or utilities. Mrs. Koreman is the tenant of record and customer of record for the utility bill (heat and domestic). The heat source is natural gas.

  As Mrs. Koreman is responsible for payment of the utility bill, she will be provided with a monthly natural gas fuel allowance based upon her case count of four. As Ms. Ford has no direct responsibility for payment of the heating bill, she will not be provided a monthly fuel allowance.

  Since both TA cases do not have bona fide landlord tenant relationships and there are no legal lines of responsibility, each household is eligible to receive a shelter allowance based on rent as paid up to the agency maximum for the number of persons in each case.

  On ABEL budgets, the worker enters shelter Proration Indicator "S" for each case, Fuel Type "1 -Natural Gas" for Mrs. Koreman and Fuel Type "X-No Fuel Allowed" for Ms. Ford.

  If these cases had claimed to reside as one single economic unit with no legal lines of responsibility, the worker would use shelter Proration Indicator "N" for each case and Fuel Type "1-Natrual Gas" for both cases. Both cases would receive a nonprorated shelter allowance (no legal lines of responsibility), a prorated Basic, HEA, SHEA and a prorated fuel allowance (single economic unit).

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CHAPTER 13 – CALCULATING THE GRANT Section G – Special Cases

 

G. SPECIAL CASES  

1. FA ESSENTIAL PERSONS (EP) – The grant made to a 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 SNA and the individual's presence is essential to the FA household.

  The decision as to who is essential to the household rests with both the FA head of household and the individual(s) being considered as an EP. If either party disagrees that the person is essential; the person who is eligible for SNA will be removed from the FA case and will receive SNA in a separate cooperative case.

  In such cases when an EP is included in the FA grant, the total amount paid to the FA family must equal the amount the household would have received if the FA Essential Person were budgeted as a separate cooperative case. In other words, although there is one FA case, the grant may equal the amount received if there were two separate cooperative cases, one of which contained the Essential Person. Also see TASB Chapter 9, Section P.  

Note: The policy in the above paragraphs is the result of Danks v. Perales (85 ADM-9).

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H. SPECIAL INSTRUCTIONS  

1. ABEL

  a. Needs

  (1) Shelter Proration Indicator "S" is used in budgeting cooperative cases where there are no legal lines of responsibility and there are separate economic units (i.e., Danks Cooperative Cases).

  (2) Shelter Proration Indicator "N" is used when there are no legal lines of responsibility and there is a single economic unit.

  (3) Fuel will be the non-prorated allowance for the number of individuals in the Case Count when Shelter Proration Indicator "S" or "N" is used with an effective from Date of 4/16/86 or later.

  (4) Fuel Type "X" gives the Shelter Allowance and no fuel allowance. When fuel type "X" is utilized, the TA case's shelter expense is allowed up to the local district's shelter allowance maximum; no fuel allowance will be given.

  b. Income – The following income source codes pertain to this section:

  Earned Income Source Code “22 - Earnings of a LRR” to be prorated for a co-op case. Other Income Source code “72 – Income of a LRR” to be prorated for a co-op case.

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CHAPTER 13 – CALCULATING THE GRANT Section I – Federal Reporting Requirements

 

I. FEDERAL REPORTING REQUIREMENTS  

Non-applying legally responsible relatives who live with the applying individual(s), who are not required to apply and who have income sufficient to meet their pro-rata share of needs are still subject to the requirements to provide information about income and resources. In addition, these non-applying legally responsible relatives must, as a condition of eligibility for the case, provide their social security number. These individuals must be entered as part of the WMS case if the case is subject to the requirements of 01 ADM-4 “Reporting Requirement for TANF Assistance: Reg. 351.1(b)(2)”.

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CHAPTER 13 – CALCULATING THE GRANT Section J – Allen Budgeting

 

J. ALLEN BUDGETING  

Unless required to be in the TA household as specified in TASB this Chapter, Section H, a spouse may choose whether or not to apply for assistance. The income and presence in the home of a legally responsible relative who chooses not to apply for or who is ineligible for assistance for a reason other than a sanction specified in TASB this Chapter, Section H must be considered. Such persons include, but are not limited to, persons who are ineligible for TA by reason of their immigration status or their receipt of non-recurring lump sum income. The TA budget for a household residing with such a legally responsible relative is calculated as follows (Allen budgeting): See ABEL manual Section G.  

1. For example, Mr. Smith, an SNA recipient, resides with his SSI wife. If they were both on SNA, their needs would be $500. Therefore, Mr. Smith's prorated needs are $250 ($500 divided by 2). Assuming Mr. Smith has no other income, his SNA grant would be $250. Mrs. Smith's SSI is not applied to the $250 needs of Mr. Smith, regardless of the amount of her SSI benefit.

  2. For ABEL budgeting purposes, the SSI household member is included in the "Number in Household" field on the TA input screen and only the non-SSI members are entered in the "Number in Case" field. ABEL will prorate the SNA recipients' needs accordingly. The legally responsible spouse or parent's SSI income is not entered in the TA budget. SNAP should be provided through a separate SNAP-Mix case.

  Note: For information on SSI recipients living with SNA applicants/recipients for whom they are not legally responsible see this Chapter, Section N.

  3.

The resources of the TA household include the non-applying person's resources regardless of the amount of such person's income. With respect to a non-applying person who is in receipt of SSI, resources which are exempt for purposes of SSI are not taken into consideration.

4.

There is an important distinction between "a minor dependent child" and a "minor parent". When a minor parent and his/her child live with his/her non-applying parents and siblings, the minor parent does not draw family members into his/her filing unit. The reason for this is that the minor parent is drawn into the unit only because he/she is the parent of an applying minor dependent child.

 

  If, however, the above situation was reversed and the minor parent's own parents were applying for assistance for themselves and their dependent children (other than the minor parent), the minor parent, as a sibling of an applying minor dependent child, is drawn into the filing unit. If the minor parent were not applying for or receiving assistance for his/her child, the child would be excluded from the filing unit, because the child is neither the parent nor the sibling of an applying dependent child.

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CHAPTER 13 – CALCULATING THE GRANT Section K – “Three Generation Household” Budgeting

 

K. “THREE GENERATION HOUSEHOLD” BUDGETING  

1. THREE GENERATION HOUSEHOLDS (see budget examples 1 and 2)  

a. MINOR PARENT UNDER 18 YEARS OF AGE - With respect to an applying minor dependent child whose parent is under age 18 and living with the child, the minor dependent child and such minor parent shall be considered members of the same TA household. The local district shall deem any income of the minor parent's own non- applying parent(s) to such TA household when they reside together in the same dwelling unit. Such income shall be deemed to the same extent as income of a stepparent under Office Regulation 352.14. (See TASB Chapter 18, Section P)

  b. MINOR PARENT 18, 19 or 20 YEARS OF AGE – With respect to an applying minor dependent child whose parent is 18, 19 or 20 years old, the minor dependent child and such parent shall be considered members of the same TA household. If the parent's own parents reside in the same dwelling, they are legally responsible for their child up to the age of 21, and are expected to meet their child's needs, including shelter. However, the parent's own parents are not responsible for their grandchild.

  c. NORMAL ASSUMPTION (see Budget Example 4) If the minor parent aged 18, 19 or 20, or the parents indicate orally or in writing that the parents are able to meet the minor parents’ needs, this shall be noted in the case record and no further inquiry need be made as to the parents' actual income.

  d. REFUTE NORMAL ASSUMPTION (see Budget Example 5) If the parents indicate that their income is insufficient to meet the minor parents (age 18, 19 or 20) needs, then an off-line deeming computation must be completed to determine if the parents have income that must be applied against the needs of the applying minor parent.

  e. GRANDPARENT CONTRIBUTION (see Budget Example 6) If the parents indicate that they contribute an amount which is greater than the minor parents’ needs, this shall be noted in the case record.

  NOTE: If the minor parent is in receipt of SSI, the income of the minor parent's own parents is not deemed available to the grandchild who is applying.

  2. BUDGET EXAMPLES FOR “THREE GENERATION HOUSEHOLDS”

  The following budget examples are not all inclusive but provide direction for the correct use of the shelter proration indicator and unearned income source codes used in threegeneration budgeting.

  When completing ABEL budgets for three-generation households it is necessary to use the codes to produce the correct budget for the household’s situation. The following shelter proration indicator and unearned income codes are used in three-generation budgeting.

  a. Shelter Proration Indicator, "P - Prorate Parent's Share of Needs". b. Shelter Proration Indicator, "C - Prorate Children's Share of Shelter Needs".

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  c.

Other/Unearned Income Source Codes: "85 - Deemed Income of a Grandparent" "86 - Contribution of a Grandparent" "88 - Parent's Share of Needs (PA Only)" "89 - Parent's Share of Needs Less than Prorated Share"

  EXAMPLE 1: MINOR PARENT UNDER 18

  A 17-year old minor parent is applying for TA for her one-year old child in Albany County. Also, in the household are the minor parent’s mother and father who have a monthly combined pension of $1500.00. Their rent is $500.00. Since a minor dependent child (the one-year old) is applying, the 17-year old minor parent is also required to apply. Income of the minor parent’s own non-applying parent(s) must be deemed because they reside in the same household.

  When deeming, the filing unit’s shelter costs are limited to the total household's actual shelter costs minus that allowed in the deeming process. This is per 83 ADM-30.

  a. The first step is to determine the non-applying member’s needs. In this example there are 2 non-applying household members.

  No. of Non-Applying members = 2 BASIC ALLOWANCE HEA SHEA SHELTER (with children) TOTAL NEEDS

ACTUAL

$500.00

ALLOWANCES $252.00 $22.50 $17.00 $219.00 $510.00

   

b. The second step is to determine the amount of deemed income. In this example the deemed income is $990.00 which is the non-applying household member’s income of $1,500.00 monthly pension minus the non-applying household members needs of $510.00.

  c. The shelter amount used in the budget is $281.00. This is because the shelter costs are limited to the total household's actual shelter costs ($500.00) minus that allowed in the deeming process ($219.00). The deemed income is entered as unearned income using unearned income code “85 - Deemed Income from a Grandparent (PA Only)”.

  The ABEL budget appears below.

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  EXAMPLE 2: MINOR PARENT UNDER 18 WITH MINOR SIBLING IN HOUSEHOLD  

An Albany County household consists of Donna Smith, age 17 and her son Josh, age one, Donna's mother Rita Jones, and Donna's brother Rick Jones, age 14.  

Mrs. Jones is employed and earns $600.00 per month. Rick's father pays $400.00 per month support. The court order directs that $100.00 per month is spousal support and $300.00 per month is child support for Rick. The family rents an apartment for $425.00 per month. Heat is included.  

Donna is applying for assistance for her son and herself. Since Donna is a minor parent, she does not draw her brother, Rick, and her mother into the filing unit. She herself is required to apply as the parent of an applying minor dependent child. So, the only household members that must apply are Donna and Josh.  

a. The first step is to determine the non-applying member’s needs. In this example there are two non-applying household members.  

No. of Non-Applying members = 2 BASIC ALLOWANCE HEA SHEA SHELTER (with children) TOTAL NEEDS

  New York State Office of Temporary & Disability Assistance

ACTUAL

$425.00

ALLOWANCES $252.00 $22.50 $17.00 $219.00 $510.00

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  b. The second step is to determine the amount of deemed income. In this example the Income to be used in the deeming process is earned income of $600.00 per month and $100.00 spousal support. The child support for Rick is not used in the calculation since he is not legally responsible for his sister and nephew, or a required filing unit member. The earned income disregard of $90.00 is allowed.

  The amount of net income available for deeming is $610.00 ($600.00 earned income minus $90.00 disregard plus $100.00 spousal support).

  The deemed income is $100.00. which is the non-applying household member’s net income of $610.00 minus the non-applying household members needs of $510.00.

  c. The shelter amount used in the budget is $206.00. This is because the shelter costs are limited to the total household's actual shelter costs ($425.00) minus that allowed in the deeming process ($219.00). The deemed income is entered as unearned income using unearned income code “85 - Deemed Income from a Grandparent (PA Only)”.

  The ABEL budget appears below.  

 

  EXAMPLE 3: MINOR SIBLING APPLYING WITH A SIBLING WHO IS A MINOR PARENT UNDER AGE  

If we change the circumstances of the same household shown in example 2 we can illustrate another important point and further clarify the distinction between minor parent and minor dependent child.

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CHAPTER 13 – CALCULATING THE GRANT Section K – “Three Generation Household” Budgeting

  An Albany County household consists of Donna Smith, age 17 and her son Josh, age one, Donna’s mother Rita Jones and Donna's brother Rick Jones, age 14. Mrs. Jones is employed and earns $600.00 per month. Donna's father pays $300.00 per month support. The family rents an apartment for $425.00 per month. Heat is included. Mrs. Jones files an application for TA for Rick. Since Rick is a minor dependent child he pulls in his mother, Mrs. Jones, and his minor sibling, Donna. In this instance Donna, as a sibling to an applying minor dependent child must also apply. This in turn draws Josh into the filing unit as he is Donna’s child.  

 

  EXAMPLE 4: MINOR PARENT (18-20 YEARS OLD) NORMAL ASSUMPTION  

A 19-year old mother applies for TA for her one-year old child in Albany County. Also in the household are the mother's parents and her eight-year old brother. The parents have earned income of $1,200.00 monthly and rent a heated apartment for $400.00 per month. The minor parent and her child are charged $300.00 per month for shelter with heat.  

Since the mother is over 18, the normal assumption is that the 19-year old’s parent(s) can meet her share of the needs. This is because the 19-year old’s parents are legally responsible for her until age 21.  

The 19-year old is not entitled to a shelter allowance, since her parents are still legally responsible for providing her. Therefore, the filing unit's shelter is based only on the child’s pro-rata share of rent.  

Enter S h e l t e r Proration Indicator “P-Prorate Parent’s Share of Needs” in the shelter proration indicator field. ABEL will generate the prorated shelter allowance for the child(ren)   New York State Office of Temporary & Disability Assistance

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CHAPTER 13 – CALCULATING THE GRANT Section K – “Three Generation Household” Budgeting

  in the case (assuming one 18 to 20-year old dependent parent). In addition, the 18 to 20year old’s prorated share of the Basic Allowance, the Home Energy Allowance and the Supplemental Home Energy Allowance plus the un-prorated amount of any TA Additional Needs Allowances entered on the budget, will be generated as TA Unearned Income Source 88 (Parent’s Share of Needs).  

The ABEL budget appears below.  

   

  EXAMPLE 5: REFUTE NORMAL ASSUMPTION – INCOME INSUFFICIENT TO MEET THE NEEDS OF THE MINOR PARENT (18-20 YEARS OLD)  

A 19-year old mother applies for TA for her one-year old child in Albany County. Also in the household are the mother's parents and her eight-year old brother. The parents state they do not have income sufficient to meet the minor parent’s share of needs. The parents have earned income of $800.00 per month and rent a heated apartment for $400.00 per month. The minor parent and her child are charged $300.00 per month for shelter with heat.  

a. The first step is to determine the 19-year old minor parent’s share of need.  

  BASIC ALLOWANCE HEA SHEA SHELTER (with children) TOTAL NEEDS

  New York State Office of Temporary & Disability Assistance

ALLOWANCES HH=2 $252.00 $22.50 $17.00 $219.00 $510.00

19-year olds share of need $126.00 $11.25 $8.50 0.00 $145.75

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  b. The second step is to determine the non-applying member’s needs. In this example there are three non-applying household members.  

No. of Non-Applying members = 3 BASIC ALLOWANCE HEA SHEA SHELTER (with children) TOTAL NEEDS

ACTUAL

$400.00

ALLOWANCES $336.00 $30.00 $23.00 $309.00 $698.00

   

c. The third step is to determine the amount of deemed income. In this example the Income to be used in the deeming process is earned income of $800.00 per month. The earned income disregard of $90.00 is allowed. The amount of net income available for deeming is $710.00 ($800.00 minus the $90.00 disregard).

  The deemed income is $12.00 which is the non-applying household member’s net income of $710.00 minus the non-applying member’s share of needs of $698.00.

  d. The final step is to compare the amount of deemed income to the minor parent’s share of needs. If the deemed amount is:

 



 

less than the minor parent’s share of needs, enter proration indicator “C - Prorate Children’s Share of Shelter Needs” in the shelter proration indicator field and enter the amount of the deemed income as unearned income code “89-Parent’s Share of Needs Less Than Prorated Share (PA Only)”. zero, there is no deemed income to enter. Only enter proration indicator “C - Prorate Children’s Share of Shelter Needs” in the shelter proration indicator field. equal to or more than the minor parent’s share of needs, enter proration indicator “PProrate Parent’s Share of Needs” in the shelter proration indicator field. ABEL will generate the prorated shelter allowance for the child(ren) in the case (assuming one 18 to 20-year old dependent parent). In addition, the 18 to 20-year old’s prorated share of the Basic Allowance, the Home Energy Allowance and the Supplemental Home Energy Allowance plus the un-prorated amount of any TA Additional Needs Allowances entered on the budget, will be generated as TA Unearned Income Source 88 (Parent’s Share of Needs).

  e. In this example, the deemed income of $12.00 is less than the minor parent’s share of needs of $145.75. Therefore, a shelter proration indicator of “C-Prorate Children’s Share of Shelter Needs” is entered in the shelter proration indicator field. The deemed income is entered as unearned income using unearned income code “89-Parent’s Share of Needs Less Than Prorated Share (PA Only)”.

  The ABEL budget appears below.

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  EXAMPLE 6: GRANDPARENT CONTRIBUTION GREATER THAN THE NEEDS OF THE MINOR PARENT (18 – 20 YEARS OLD)  

A 20-year old mother is applying for assistance in Albany County for herself and her twoyear old child. They reside in the household of the mother's parents. The grandparents are requesting $125.00 per month to meet the shelter expenses, with heat, for the child. The grandparents claim to contribute $150.00 to the mother. Since a minor dependent child (the two-year old) is applying for assistance, the parent is required to apply.  

a. The first step is to determine the 19-year old minor parent’s share of need.  

  BASIC ALLOWANCE HEA SHEA SHELTER (with children) TOTAL NEEDS

ALLOWANCES HH = 2 $252.00 $22.50 $17.00 $219.00 $510.00

19-year olds share of need $126.00 $11.25 $8.50 0.00 $145.75

   

b. The second step is to determine if the amount that the grandparents contribute is greater than the minor parent’s share of needs. In this example the grandparents contribute $150.00 which is greater than minor parent’s share of need of $145.75.

  c. A shelter proration indicator of “C-Prorate Children’s Share of Shelter Needs” is entered in the shelter proration indicator field. The deemed income is entered as unearned income using unearned income code “86 Contribution from a Grandparent (PA Only)”.

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The ABEL budget appears below.  

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CHAPTER 13 – CALCULATING THE GRANT Section L – Children Visiting TA Households not having Legal Custody

 

L. CHILDREN VISITING TEMPORARY ASSISTANCE HOUSEHOLDS NOT HAVING LEGAL CUSTODY  

The following policy applies to determining eligibility of children who are in the legal custody of someone other than the TA recipient but whom occasionally returns to the TA household for a visit. Examples of such situations are:

 

 

A foster care child in the custody of the local commissioner or of OCFS returns to the parent's home each weekend on Services approved visit. Children who visit the home of the non-custodial TA parent as part of a divorce decree granting the non-custodial parent specific visitation rights.

  1. PROVIDING A VISITOR'S ALLOWANCE

  a. When a child who is not in the legal custody of the TA recipient visits the recipient's household, the child must not generally be considered a member of the TA household. However, if no provision is made by the custodial parent or other party having legal custody of the child, the TA recipient is entitled to a per diem allowance of $4.00 per visitor for each day the child(ren) is visiting. The child need not spend the night to be considered to be visiting the household.

  b. A visitor's allowance can only be provided when a parent does not have custody of the child. In joint custody cases, legal custody is usually shared by both parents. However, if one parent can be established as the primary caretaker as defined in TASB Chapter 9, Section I, then the other parent can receive a visitor's allowance, since that parent is not considered to have custody of the child. Of course, the noncustodial parent must meet all other visitor's allowance criteria.

  c. If a child visits a parent that is temporarily residing in a hotel, that parent would be entitled to the $4.00 per day visitor's allowance, as long as the parent was in receipt of assistance and did not have custody of the child. In addition, these families residing in hotels/motels and receiving a restaurant allowance would also be entitled to a prorated restaurant allowance for the visiting child.

  2. AVERAGING THE VISITOR'S ALLOWANCE – If the child's visits occur on a regular basis, the local district may provide a regular, on-going allowance based on the average number of days visited each month.

  EXAMPLE: If one child visits the non-custodial parent's household each weekend (two days a week), the local district may determine the monthly amount of the visitors allowance by multiplying two days a week by $4.00 = $8.00 and multiplying this weekly figure by 4.33 to arrive at a monthly amount of $34.64. It is not necessary to determine whether a given month has four weekends or five in such a case.

  Note: The special need payment to cover the increased needs of the visiting child is not considered part of the family's standard of need. Therefore, these allowances must not be included in determining whether the family passes

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  the gross income test, nor in determining the financial eligibility of an applicant for TA.

  3. CLAIMING INSTRUCTIONS FOR A FOSTER CHILD VISITING A TA HOUSEHOLD

  a. TITLE IV-E FUNDS – When a TA recipient is entitled to a visitor's allowance to cover the cost of a visit from a foster care child whose foster care is funded under title IV-E of the Social Security Act, the allowance shall not be paid out of TANF monies, even if the TA family is in receipt of a TANF funded grant. If the family is otherwise eligible for FA, the allowance for the visit of the title IV-E foster care child must be authorized and claimed as a federally non-participating (FNP) payment (WMS Special Claiming code "P"). This is because federal title IV-E foster care regulations specifically forbid payment of TANF on behalf of a child in any month in which the child's foster care was claimed under title IV-E.

  b. CHILD WELFARE FOSTER CARE FUNDS – The above restriction does not apply to TA families of children whose foster care is provided out of Child Welfare Foster Care funds. The visitors allowance must then be paid out of the same category as the family's regular TA grant.

  Note:

TA Households Having Legal Custody – A child who has not been removed from the parent's custody but is temporarily absent from the household to attend school, visit relatives, attend summer camp or for some other similar reason, is entitled to a full grant of assistance as long as the child's full needs are not otherwise met in accordance with Office Regulation 352.30(a).

  4. TEMPORARY ASSISTANCE SHELTER AND FUEL NEEDS FOR CHILDREN IN FOSTER CARE

  Chapter 747 of the Laws of 1989 requires SSDs to continue that portion of the TA grant intended to meet the cost of shelter and fuel for heating when a TA recipient child is placed in foster care and the Child Services Plan includes a goal of discharge to a parent, legally responsible relative or other member of the TA assistance household. For more information, see 91 ADM-1.  

WMS INSTRUCTIONS Authorization for the visitor's allowance must be done as a separate payment line on the LDSS-3209 with payment type code D-2 (Child Visitation Allowance).

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M. PERSONS NOT INCLUDED IN THE TA HOUSEHOLD OR CASE COUNT  

1.

SANCTIONED/INELIGIBLE INDIVIDUALS – INCREMENTAL METHOD: The incremental budgeting method is the method in which the sanctioned or ineligible individual is removed from the temporary assistance household and case count. For example, if one member of a three-person case is sanctioned under this method, the household count and the case count are changed from 03 to 02. See 01 INF-12. This method is used for the following sanction or ineligible reasons:

  a. Failure to obtain a Social Security number (SSN) [18 NYCRR §NYCRR § § 352.30(d)(i)];

  Note: In addition, since furnishing a SSN is a condition of eligibility, a child on whose behalf an application is made, is not eligible for assistance if the parent or caretaker fails to cooperate in furnishing or applying for a SSN for the child.

  b. Failure to execute a deed, mortgage or lien [18 NYCRR § 352.30(d)(ii)] as required by the local district.

  c. Failure to apply for or use employee group health insurance benefits as specified in [18 NYCRR § 352.30(d)(iii)].

  d. When any applicant for or recipient of TA refuses without good cause to pursue SSI benefits for himself or herself or for a member of the TA household. Good cause exists if such individual is physically or emotionally unable to complete the SSI application process, the local district shall provide any services that are necessary to insure that the individual is assisted in making the SSI application. In such instance, that individual shall not be denied TA and care; [18 NYCRR § 352.30(f)]. See 11 ADM-01   e.

Failure to make a timely report of a minor’s absence within five days of when it becomes clear that the minor will be absent for 45 or more consecutive days without good cause [18 NYCRR § 351.2(k)(4)].

f.

Job Quit/Reduction in Earning capacity to qualify for TA (applicant only) [12 NYCRR § 1300.13(a)].

    g. Failure of an individual who is exempt from employment requirements to comply with an assignment to restore his/her self-sufficiency [12 NYCRR § 1300.12(a)].

  h. Intentional Program Violations (IPVs) (see TASB Chapter 6, Section D.)   i.

Failure of a pregnant or parenting unmarried minor (under age 18) to comply with living arrangement requirements. [18 NYCRR § 369.2(i)].

j.

Failure of an unmarried minor parent (under age 18) to cooperate with education requirements [18 NYCRR § 351.2(k)(1)].

 

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  k. Conviction in federal or state court for receipt of simultaneous benefits [18 NYCRR § 351.2(k)(2)].

  l.

Fleeing felons/probation/parole violators [18 NYCRR § 351.2(k)(3)].

  2. When an individual has been disqualified for any of the reasons cited above, the income (after appropriate disregards) of such an individual shall be applied in full (non-prorated) against the needs of the eligible members of the filing unit.

  3. The income of a sanctioned person must not be budgeted against the remaining case members if the person being sanctioned is not a filing unit member or a legally responsible relative.

  4.

A sanctioned/ineligible individual must comply with eligibility requirements to the same extent as a non-sanctioned case member in order to allow the local district to establish ongoing eligibility for other unit members. For example, a parent who is under a sanction for failure to sign a lien must still meet recertification requirements for the children, must verify income and resources, etc.

  5. When determining the monthly TA grant and allowances for a TA household, adults and children residing with an SSI beneficiary must be considered a separate household from the SSI beneficiary. The SSI recipient’s income must not be counted in determining eligibility or degree of need and their presence must not be counted in the TA household count or case count when:

  a. The household is categorically eligible for FA (case type 11) including Safety Net Assistance, Federally Participating (case type 12)

  Example: A husband, wife, and a 6-year-old child in common reside together and the child is an SSI recipient. The family is in receipt of FA. The case does not include the SSI child’s presence or income. The case is budgeted as a household (HH) of 2 and case (CA) of 2.

  b. The household is categorically eligible for Emergency Assistance to Needy Families (case type 19). SSI income is not used to determine the HH income limit or EAF eligibility criteria but once a household is determined to meet all of the eligibility requirements of EAF any SSI recipient’s income that is retained is considered a resource and must be used to alleviate or end the household’s immediate or emergency need.

  c.

The household is categorically eligible for Safety Net Assistance (case type 16) including Non-Federally participating (caser type 17) only when the household would be eligible for a federal category of assistance (because there is a child in the case who meets the definition of a TANF child) except that they have exhausted the State 60-month time limit for the receipt of cash assistance. These households are also known as “MOE eligible” households.

  (1) Example: Manny and Mary Moore resides with their three children Jack age 9, Raven age 15, and Sammy age 17. Raven is in receipt of SSI. The family is in receipt of SNA Non- Cash (case 17) because they have reached their State 60-

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  month time limit. The household is categorically eligible for FA therefore they are MOE eligible. Raven’s income or presence is not counted in the case. The case is budgeted as a household (HH) of 4 and case (CA) of 4.

  (2) Example: A husband, wife, and a 12-year-old child in common reside together and the wife is an SSI recipient. The family is in receipt of SNA (case type 16) after exhausting TANF-funded benefits and transitioning to SNA. Because this is an SNA/MOE case, we would not include the SSI wife or the wife’s income in the case. Therefore, the case is budgeted as a household (HH).

  (3) If the SSI recipient is a “legally responsible relative” (LRR) and/or there is no child in the case who meets the definition of a TANF child (under age 18 or age 18 and in full-time secondary school or the equivalent) Rice Budgeting applies where the SSI recipient is included in the household count, but not the case count. (See Rice Budgeting, 94 ADM-10).   Example: a husband and wife reside together. Both were in receipt of TA until the wife began receiving SSI benefits. Since the wife is a legally responsible relative the SSI recipient is included in the household count but not the case count, therefore, the case is budgeted as a household (HH) of 2 and case (CA) of 1.

  (4) No SNA case that is eligible to be claimed for Maintenance of Effort (MOE) can have the Rice proration applied even if the child is not active on the case.

  (5) If a SNA recipient lives with a non-legally responsible relative in receipt of SSI “Swift” budgeting must be applied. See 94 ADM-10.   (6) SSI income must be considered when determining a household’ eligibility for ESNA 125% income limit

  (7) SSI income is used when determining AIDS budgeting

  (8) When determining undue hardship SSI income by non-TA household members must not be counted as income. The net SSI is used, the gross is not used.

  6. A RETROACTIVE SSI INVISIBILITY (Underwood and Morgan v. Blum) (85 ADM-31)

  When an individual who has income applies for or receives TANF Funded benefits, his/her income is applied in determining eligibility and degree of need for the TANF Funded household. If such individual then applies for SSI and is subsequently found eligible, that individual is determined to be "invisible" and the TANF funded household is re-budgeted accordingly for the future.

  When the individual is determined eligible for SSI he is issued an initial retroactive SSI payment back to the date he had applied for SSI benefits. The amount of this initial payment is reduced by the amount of income received by the SSI individual during the retroactive period.

  In the case of Underwood and Morgan v. Blum, it was shown that the income of the SSI applicant is unfairly counted twice:

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a. Initially in determining the needs of the TANF Funded household (beginning with the month in which the SSI applicant filed an application for SSI); and

  b. Then in determining the SSI retroactive payment (SSI reduces the retroactive check by the amount of income received by the SSI applicant during the pending period).

  As a result of this settlement, SSDs must, in certain situations, make a re-computation of the degree of need for the remaining TANF Funded household members for the period covered by the initial retroactive SSI payment. This budgeting method will be referred to as “retroactive SSI invisibility" and is required only when:

  a. The TANF Funded applicant/recipient has income; and

  b. Is determined eligible for SSI and receives a retroactive SSI benefit; and

  c. The re-computation results in a determination that the previous TANF Funded grant was less than the newly computed grant amount.

  Note:

The SSI recipient has to have been included in the TANF Funded household and have his income used to reduce the family's grant in order for the remaining members of the household to be possibly eligible for retroactive TANF Funded payments. ("All Commissioner" Letter [12/13/85])

  Note: Lump sum retroactive SSI payments made to TANF Funded applicants/ recipients, without continuing SSI eligibility, must not be counted as income or a resource for TANF Funded purposes in the month paid or the following month.

  7. BUDGETING RETROACTIVE SSI INVISIBILITY – Retroactive SSI invisibility is the figure used to re-determine the amount of the underpayment to be issued to affected TANF Funded households containing individuals who were subsequently determined eligible for SSI, who had net income applied towards the total household needs.

  EXAMPLE: FA household of four, one person applied for SSI benefits on January 1, 1999:

  HOUSEHOLD SIZE 4 BASIC ALLOWANCE HEA SPMNT SHELTER (4 PERSON MAXIMUM) NEEDS FOR 4 (ROUNDED) NET INCOME RECEIVED BY SSI APPLICANT FA GRANT (ROUNDED DOWN)

  New York State Office of Temporary & Disability Assistance

$433.00 38.70 30.00 270.00 $771.00 -150.00 $621.00

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  In April, the individual receives an initial payment from SSI which includes retroactive benefits for January, February and March. Re-determine the FA household's benefits as if the individual had been receiving SSI since January.

  HOUSEHOLD SIZE 3 BASIC ALLOWANCE HEA SPMNT SHELTER (3 PERSON MAXIMUM) NEW GRANT PREVIOUS GRANT MONTHLY UNDERPAYMENT

$336.00 30.00 23.00 245.00 $634.00 621.00 13.00

 

Since the FA household's previous grant is less than the new grant, the FA household has been underpaid and must be issued a payment equal to the difference in the grant levels for the period for which SSI issued retroactive benefits to the SSI recipient; in this example, $13 x 3 months = $39.

  Note: Adjustments must only be made when the previous grant is less than the new grant.

  Note: Retroactive SSI invisibility does not apply to non TANF funded cases (case types 16 and 17).

  8.

SELF-MAINTAINING NON-LEGALLY RESPONSIBLE INDIVIDUALS – Selfmaintaining non-legally responsible household members who are not applying for TA are not included in the household or the case counts. Budgeting of households containing such an individual must be handled as follows:

  a. BUDGETING RENT – Rent must be budgeted as paid by the TA applicant/recipient, up to the appropriate county rent maximum for the TA household. If the nonapplying individual pays a portion of the rent, that amount must be subtracted from the actual rent/shelter cost, and the remainder must be considered the rent paid by the TA applicant/recipient. (18 NYCRR § 352.3)

  EXAMPLE: Mrs. Smith and her 2 children receive FA. Mrs. Smith has no outside income. Mrs. Smith's brother lives with the family and is self-supporting. He pays half of the $250 per month rent. The rent maximum for 3 people is $309. The FA household’s shelter cost is $125.00 ($250-$150 paid by brother).

  b. BUDGETING INCOME – If the non-applying individual provides cash payment solely to meet the needs of the members of the TA household, the cash payment is considered income to the household. The non-applying individual’s other income and resources are invisible for TA budgeting purposes. If the recipient states at a later time that the self-maintaining, non-legally responsible individual’s payments to the household have changed or will change, the TA case must be re-budgeted accordingly.

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  EXAMPLE: Mrs. Brown and her 2 children receive FA and live with Mrs. Brown's aunt. The FA family's rent expense is $245 per month. The aunt is self-supporting. The aunt gives Mrs. Brown $25 a month to purchase food for the Brown children. Mrs. Brown has no other income. The $25 is countable income in the TA budget. The income source is payment type “18” (Income from Friends or Non-Legally Responsible Relatives).

  9.

NON-APPLYING STEP-PARENT AND HIS/HER NON-APPLYING DEPENDENTS – Non-applying step-parents are not included in either the household or case counts when budgeting a TA case. Instead, the income of the step-parent is deemed in accordance with the formula set forth in TASB Chapter 18, Section P. Any non-applying dependent of the step-parent who is not required to be in the filing unit and whose needs were taken into account in determining the amount of the deemed income is also excluded from both the household and the case counts.

  10. NON-APPLYING PARENTS AND SPOUSES WITH INCOME INSUFFICIENT TO MEET THEIR NEEDS (INCLUDING LEGALLY RESPONSIBLE ILLEGAL ALIENS) – When a non-applying spouse or parent (not including step-parents) of a child between the age of 18 and 21 has income insufficient to meet his own needs, the budget shall be computed based on the remaining persons in the grant. This policy also applies to illegal alien parents or spouses of U.S. citizens or of persons legally residing in the U.S. Also see this Chapter, Section F.  

EXAMPLE: Mary Allen and her 18-year-old twins (not in full-time secondary school) are applying for assistance. Her husband Joseph earns $150 per month and does not wish to apply for assistance. There is no filing unit requirement since no minor dependent child is applying. Therefore, budgeting procedures outlined in Office Regulation 352.30(e) (referred to as Allen budgeting) must be applied:

  Step 1 - Determine if non-applying spouse has income sufficient to meet needs.

  BASIC ALLOWANCE (1/4 OF 4) HOME ENERGY ALLOWANCE SPMNT RENT ALLOWANCE (ALBANY COUNTY) BASED ON $348 MAXIMUM TOTAL NEEDS (ROUNDED DOWN) GROSS INCOME WORK EXPENSE % DISREGARD (SNA CASE-NO MINOR DEPENDENT CHILD OR PREGNANT WOMAN) NET INCOME

108.25 9.68 7.50 66.75

NEEDS NET INCOME DEFICIT (INCOME INSUFFICIENT TO MEET NEEDS)

192.00 -60.00 132.00

192.00 150.00 90.00 0.00 60.00

 

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  Step 2- Since the father's income is insufficient to meet his own needs, he is not included in the budget and his income is disregarded.

  BASIC ALLOWANCE (FAMILY OF 3) HOME ENERGY ALLOWANCE SPMNT RENT ALLOWANCE (ALBANY COUNTY) TOTAL NEEDS INCOME PA GRANT

$336.00 30.00 23.00 309.00 698.00 0.00 $698.00

 

Note: If the twins were under age 18, the husband would have to be included in filing unit because minor dependent children are applying for assistance.

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REFERENCES   SSL-137 01 ADM-13 01 ADM-04 97 ADM-23 Attach 1-11 Attach 12 Errata 94 ADM-10 93 ADM-08 92 ADM-42 92 ADM-30 Errata 92 ADM-26 92 ADM-20 91 ADM-1 89 ADM-49 85 ADM-51 85 ADM-33 85 ADM-31 85 ADM-09 84 ADM-10 83 ADM-46 83 ADM-37 82 ADM-78 82 ADM-75 81 ADM-27 81 ADM-01 80 ADM-82 351.2 351.25 351.8 352.29(f) 352.3 352.30 352.30(a) 352.30(b) 352.30(e) 352.32 352.32(e) 369.2 369.3 99 INF-02 93 INF-10 91 INF-12 91 INF-03 88 INF-59 "All Commissioner" Letter (3/18/86)

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  "All Commissioner" letter (12/13/85) “All Commissioner" Letter (9/12/84)

  Related Items Public Law 97-248 Chapter 548 - Laws of 1983 Folsom v. Blum Riddick v. Blum Swift v. Toia Underwood and Morgan v. Blum 352.14 352.29(f) 352.29(h) 352.30(a) 85 ADM-33 84 ADM-39 83 ADM-30 81 ADM-55 81 ADM-39 81 ADM-01

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CHAPTER 14 – STANDARD OF NEED Section A – General

CHAPTER 14: STANDARD OF NEED A. GENERAL The estimate of need for any applicant or recipient shall include all items of need as specified in Office regulations for persons in the circumstances under which such items are allowed. The amount to be included for each item of need shall be the appropriate amount provided in accordance with schedules and other provisions in Office regulations. To the extent that an item offered is otherwise provided, it shall not be included in the estimate of need, but the manner in which such item is provided shall be recorded. [352.31(a)].

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CHAPTER 14 – STANDARD OF NEED Section B – Statewide Standard of Monthly Need

B. STATEWIDE STANDARD OF MONTHLY NEED 1. The eligibility for TA of all persons who constitute or are members of the TA household is determined by applying the statewide standard of monthly need as follows: a. Regular recurring monthly needs, exclusive of shelter, fuel for heating, home energy payments, and the supplemental home energy allowance b. The applicable amount of money for shelter (i.e., maximum shelter allowance for family size, the cost of temporary housing, the cost of temporary hotel/motel, residential programs for victims of domestic violence, Congregate Care facilities, etc.) , fuel for heating, home energy payments, and supplemental home energy allowances required monthly and c. In addition, where a need is documented, the standard of need shall include the cost of the required item(s) according to Social Services Law and Office Regulations. These items are: (1) Additional costs of meals for persons who are unable to prepare meals at home (restaurant allowances and home delivered meals) (2) Cost of water charge for a recipient (3) Occupational training and incentive training allowances (4) Purchase of necessary and essential furniture for the establishment of a home (5) Replacement of furniture and clothing lost in a fire, flood or other like catastrophe (6) Essential repair or replacement, if less expensive, of heating equipment, cooking stoves and refrigerators (7) Miscellaneous shelter costs, such as rent security, exterminator fees, finder's fees, furniture storage, etc. (8) Costs of services and supplies already received (9) Purchase of service costs, such as day care, homemaker and housekeeper services (10)Camp fees (11)Payment of life insurance premiums (12)Other items as established in Part 352 of Office Regulations (352.1). For the purposes of such monthly grants and allowances under FA, SNA-FP or EAF, children or adults residing with an SSI beneficiary must be considered as a separate household from the SSI beneficiary. New York State Office of Temporary & Disability Assistance

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CHAPTER 14 – STANDARD OF NEED Section B – Statewide Standard of Monthly Need

2. INTERPRETATION The local district shall use the established Office schedules when providing those items of need covered by the schedules. These are: a. Schedule SA-2a (Statewide Monthly Grants and Allowances, Exclusive of Home Energy Payments) b. Schedule SA-2b (Statewide Monthly Home Energy Payments) c. Schedule SA-2c (Monthly Supplemental Home Energy Allowance) d. Schedule SA-4a (Initial or Replacement Cost of Essential Household Furniture, Furnishings, Equipment and Supplies) e. Schedule SA-4b (Replacement Cost of Clothing) f.

Schedule SA-5 (Restaurant Allowance and Home Delivered Meals)

g. Schedule SA-6a (Monthly Allowance for Fuel for Heating – Not Natural Gas) h. Schedule SA-6b (Monthly Allowance for Fuel for Heating – Natural Gas) i.

Local Agency Monthly Shelter Shelter Allowances Schedule With Children

j.

Local Agency Monthly Shelter Shelter Allowances Schedule Without Children.

3. STATEWIDE MONTHLY HOME ENERGY ALLOWANCE a. The monthly allowance for home energy needs is to be budgeted as part of the standard of need in determining eligibility and degree of need for all applicants and recipients of temporary assistance. b. Excluded are those persons (applicants/recipients not living in their own homes) who are eligible for a personal needs allowance in a room and board situation or in approved facilities. c. The HEA is provided to all recipients who receive a pre-added allowance, regardless of whether the recipients pay for their heat and/or utilities separately. d. The only temporary assistance recipients who are not budgeted for the HEA are those recipients who do not live in their homes and who receive a room and board payment and an allowance for personal needs. e. Schedule SA-2b provides a supplemental payment to cover increases in the costs of energy. Home Energy Allowances (HEA) should not be confused with the Heating Allowances covered in the Energy Manual / HEAP Manual. f.

Schedule SA-2b is listed below.

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CHAPTER 14 – STANDARD OF NEED Section B – Statewide Standard of Monthly Need

SCHEDULE SA-2b Number of Persons in Household Each Additional One

Two

Three

$14.10 $22.50

$30.00

Four

Five

Six

Person

$38.70 $47.70 $55.20 $7.50

4. STATEWIDE MONTHLY SUPPLEMENTAL HOME ENERGY ALLOWANCE a. Effective January 1, 1986, the supplemental home energy allowance (SHEA) is budgeted as a separate allowance in determining eligibility and degree of need for all applicants for and recipients of TA. b. Schedule SA-2c provides an additional supplemental payment to cover increases in the costs of energy. c. The SHEA should not be confused with the Heating Allowances covered in the Energy Manual/HEAP Manual or the Home Energy Allowance (HEA). d. The SHEA is provided to all recipients who receive a Basic Allowance, regardless of whether the recipients pay for their heat and/or utilities separately. e. The only TA recipients who are not budgeted for the SHEA are those individuals residing in either room and board situation or approved facilities. as outlined in Office Regulation 352.8(a) & (b). f.

Schedule SA-2c is listed below. Schedule SA-2c Monthly Supplemental Home Energy Allowance (SHEA) Number of Persons in the Household: Each Additional One

Two

Three

Four

Five

Six

Person

$11

$17

$23

$30

$37

$42

$5

5. MONTHLY ALLOWANCE FOR SHELTER a. Each local district shall provide a monthly allowance for rent in the amount actually paid but not in excess of the appropriate maximum of such district for each family size. New York State Office of Temporary & Disability Assistance

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CHAPTER 14 – STANDARD OF NEED Section B – Statewide Standard of Monthly Need

b. The shelter allowance is based upon whether there is a child in the household, household size and district. c. For the local agency monthly shelter allowance schedule with children see 03 ADM07 Temporary Assistance New Shelter Allowance and Related Changes, Attachment A. d. For the local agency monthly shelter allowance schedule without children see 03 ADM-07 Temporary Assistance New Shelter Allowance and Related Changes, attachment B. e. If rent has not been paid for the month in which the case is accepted, a non-prorated shelter allowance, not to exceed the appropriate local district maximum monthly shelter allowance, must be provided to retain the living accommodation. f.

The LDSS-3668: "Shelter Verification” may be mailed directly to a landlord at the time of application, recertification or when a change of residence occurs.

6. RETAIN HOUSING – An allowance for household expenses shall be made for a period not in excess of 180 days when it is essential to retain a housing accommodation and to maintain the home to which a recipient temporarily receiving care in a medical facility is reasonably expected to return upon discharge from such facility. a. Payments shall not continue for more than 45 days unless the local district has: (1) reviewed the recipient's status within 45 days following placement in the medical facility; and, (2) determined that the recipient is expected to remain in the facility for not more than 180 days; and, (3) determined that the recipient is likely to return to the home following discharge. b. The basis for these conclusions shall be documented in the case record. 7. WATER CHARGE When the recipient is obligated to pay for water as a separate charge to a vendor, an allowance must be made for the additional amount required to be paid. Note: When the sewer charge is included as a portion of the water bill, usually as a percentage of the water used, it is considered a water charge. In such a situation, that portion of the water bill attributed to sewer charges should be paid and included in the recipient's water allowance. Sewer charges that are separate from the water bill remain excluded from the water allowance. ("All Commissioner" Letter 5/15/86) 8. SEWER, WATER AND/OR GARBAGE DISPOSAL – When a recipient is obligated through a lease agreement to pay for sewer, water (except when paid as a separate New York State Office of Temporary & Disability Assistance

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CHAPTER 14 – STANDARD OF NEED Section B – Statewide Standard of Monthly Need

charge to a vendor) and/or garbage disposal charges, or a homeowner recipient incurs sewer or garbage disposal charges, an allowance must be made to the extent that the total of the shelter allowances plus such charge or charges does not exceed the appropriate maximum. As a result of a settlement in the case of Henley v. Romano and Perales, Office Regulations 352.3(b) and 352.4(b) were amended to require local districts to provide an allowance for water charges to both homeowner recipients and tenant recipients who are obligated to pay water charges as a separate charge. 9. WATER ALLOWANCES FOR TENANT RECIPIENTS – Local districts must continue to provide a separate water allowance to tenant recipients who are billed directly by a vendor. 10. NO MAXIMUMS ON WATER ALLOWANCES – Office regulations do not permit local district maximums on the amount of separate water allowances when the recipient is billed directly by a vendor. Since there is no State Standard, local districts must provide the water allowance in the amount paid by the recipient to the vendor. 11. DISCONTINUANCE OF SUPPLY OF WATER – Section 89-b of the Public Service Law (Chapter 198 of the Laws of 1979) specifies that a water-works corporation shall not discontinue the supply of water to a TA recipient, for non-payment, if payment for such service is to be paid directly by the local district. A municipal water system is not considered a water-works corporation for this purpose. In accordance with Public Service Law Section 50, the PSC promulgated new regulations (16 NYCRR 14) setting forth the rights and responsibilities of certain residential water customers in such areas as application for service, deferred payment agreements, deposits, billing procedures and back-billing, late payment charges, equipment inspection and complaint handling. These PSC regulations became effective January 21, 1991. 12. AFFECTED CORPORATIONS – These rules only apply to private waterworks corporations with gross annual revenues in excess of two hundred fifty thousand dollars. There are currently only 14 of these corporations in New York State, which are listed below. This number may change periodically. a. Country Knolls Waterworks, Inc., Saratoga County b. Fisher's Island Waterworks Corp., Suffolk County c. Heritage Hills Water Works Corp., Westchester County d. Jamaica Water Supply Co., Nassau County e. Kiamesha Artesian Spring Water Co., Sullivan County f.

Long Island Water Corp., Nassau County

g. New Rochelle Water Co., Westchester County New York State Office of Temporary & Disability Assistance

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CHAPTER 14 – STANDARD OF NEED Section B – Statewide Standard of Monthly Need

h. New York-American Water Co., Inc., Nassau County i.

NY Water Service Corp., Nassau County

j.

Oswego Water Works, Tioga County

k. Sea Cliff Water Co., Nassau County l.

Shorewood Water Corp., Suffolk County

m. Spring Valley Water Co., Inc., Rockland County n. Sterling Forest Water Corp., Orange County 13. CORPORATIONS RESPONSIBILITIES – The regulations require the waterworks to notify a local district of the name and address of the customer receiving water services in the following situations: a. The customer or all members of his/her household is blind, disabled, 62 years of age or older, or 18 years of age or under and (1) Service is to be terminated and the utility has been unable to personally contact the adult resident within 72 hours before the scheduled termination to attempt to create a plan that would avoid termination and arrange for payment. (The waterworks is required to continue service for at least 15 business days after providing this notice, unless notified by the local district that other arrangements have been made) or, (2) Service has already been terminated and the waterworks is later notified that the customer's household meets the criteria in a. above, and the waterworks has been unable, within 24 hours of receiving this notification, to personally contact the customer or to create a plan. b. During cold weather periods for premises with heat-related services when: (1) Prior to scheduled termination, the waterworks determines that a resident may suffer a serious impairment to health or safety as a result of termination. Evidence that a person may suffer serious impairment to health or safety includes any of the following: (a) Dependency due to age, poor physical condition or mental incapacitation, (b) Use of life support systems such as dialysis machines or iron lungs, (c) Serious illness, or (d) Disability or blindness, or

New York State Office of Temporary & Disability Assistance

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CHAPTER 14 – STANDARD OF NEED Section B – Statewide Standard of Monthly Need

(2) Service has already been terminated and the waterworks has been unable to make an onsite personal visit with the customer and the waterworks does not have reasonable grounds to believe the customer has vacated the premises, or, (3) Service has been terminated because of unsafe equipment and it is impractical for the waterworks to eliminate the unsafe condition and the waterworks determines that the resident may suffer a serious impairment. 14. LOCAL DISTRICT RESPONSIBILITIES – When local districts are notified by the waterworks, the local district must: a. Attempt to contact the customer within 24 hours to determine if the scheduled termination of water services will cause an emergency situation. b. Determine the customer's eligibility for assistance if an emergency situation will result from the scheduled termination of water services and if temporary alternative living arrangements are necessary. If eligible must assist the person in obtaining safer living quarters. A referral to services for money-management assistance may also be warranted. c. Respond to the waterworks corporation, within 15 days of receiving the notice from the waterworks corporation, whether or not an emergency situation will result. 15. LIAISON REQUIREMENT – Each local commissioner in the affected local districts must designate a staff person to function as liaison to the waterworks corporation(s) in the local district to ensure timely and effective implementation of these procedures. Affected local districts should also develop a referral form to be used by the waterworks which contains basic essential information regarding the customer household being referred. The Notice of Utility Referral to DSS (LDSS-2338) can be used. 16. PAYMENT OF WATER CHARGES – Currently, Office regulations authorize the payment of a separate allowance to cover water charges for TA recipients who have a direct obligation to a vendor. However, there is no authority for the payment of water bills arrears under EAF, ESNA, EAA, FA or SNA.

New York State Office of Temporary & Disability Assistance

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CHAPTER 14 – STANDARD OF NEED References

References 352.1 352.2 352.3 352.6(b) 352.6(e) 352.8 352.31(a) 03 ADM -7 Attachment A Attachment B Attachment C 92 ADM-12 91 ADM-38 Attachment 90 ADM-38 85 ADM-49 84 ADM-42 81 ADM-26 93 INF-2 91 INF-66 88 INF-59 “All Commissioner" letter (5/15/86) "All Commissioner" letter (11/3/83) Related Items Allowance for Persons Not Living in Their Own Homes (TASB) 352.4 83 ADM-30 Office Schedules (TASB) Home Energy Allowance (TASB) Persons Included in the TA Household Count Only (TASB) Statewide Monthly Home Energy Payments (TASB) Fuel Allowance (TASB) ABEL Transmittal 85-11 Payment for Rent (TASB) Client Security Deposits (TASB) Owned Property (TASB) Deeming When Stepparent Is Not Applying (TASB) ABEL Transmittal 84-8

New York State Office of Temporary & Disability Assistance

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TASB 01/20/2011

CHAPTER 15 – ENERGY ASSISTANCE/SERVICES Section A – Energy Assistance/Services

CHAPTER 15: ENERGY ASSISTANCE/SERVICES A. ENERGY ASSISTANCE/SERVICES Per 00 ADM-2, all Energy/HEAP policy is now contained in the new Energy/HEAP Manual. To request a copy of the Energy Manual / HEAP Manual, please contact the Temporary Assistance Bureau at: 474-9344.

New York State Office of Temporary & Disability Assistance

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CHAPTER 15 – ENERGY ASSISTANCE/SERVICES References

References 00 ADM-2

New York State Office of Temporary & Disability Assistance

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TASB 12/05/2016

CHAPTER 16 – ADDITIONAL/SPECIAL NEEDS Section A – Establishment of a Home

CHAPTER 16: ADDITIONAL/SPECIAL NEEDS A. ESTABLISHMENT OF A HOME Allowances for the purchase of necessary and essential furniture (including household furnishings, equipment and supplies) required for establishment of a home for persons eligible for temporary assistance are made available provided provision of these items cannot otherwise be secured. Such an allowance shall be provided only when, in the judgment of the local district officials, one of the following conditions exists: 1. An individual or family temporarily housed in a motel/hotel, homeless shelter, residential program for victims of domestic violence or other temporary accommodation to which the individual or family has been referred by the local district is being permanently re-housed in unfurnished accommodations and suitable furnished accommodations are not available. 2. An unattached individual whose needs cannot be met under Emergency Assistance to Adults (EAA) is discharged from an institution, is determined to be capable of maintaining an apartment in the community, and suitable furnished accommodations are not available. 3. An adult whose needs cannot be met under Emergency Assistance to Adults is discharged from an institution and wishes to rejoin his family, which needs additional furniture to provide adequate shelter for him. 4. A child is returned to his/her parents, and additional furnishings are necessary for the provision of adequate shelter for the child. 5. An individual's or family's living situation adversely affects the physical and/or mental health of that individual or family, and it is essential that the individual or family be rehoused in unfurnished housing accommodations in order to safeguard their health, safety, and well-being. In re-housing individuals and families, the local agency maximum monthly shelter allowances apply. The allowances set forth in Schedule SA-4a are the maximum allowances for initial or replacement costs of essential household furniture, furnishings, equipment and supplies. SCHEDULE SA-4a Living Room Bedroom: with single bed with two single beds with double bed Kitchen (excluding appliances) Range

$182 $145 $205 $184 $142 (plus $12 for each person) $182

New York State Office of Temporary & Disability Assistance

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Refrigerator Bathroom Other Equipment Cabinet for linens Stove for heating

CHAPTER 16 – ADDITIONAL/SPECIAL NEEDS Section A – Establishment of a Home

$182 (or $258 for four or more persons) $ 6 (plus $4 for each additional person) $ 22 $ 72 (or $82 for five or more persons)

ESTABLISHING THE FACTS Documentation of the need for such furniture shall be fully recorded in each case record.

New York State Office of Temporary & Disability Assistance

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TASB 03/29/2011

CHAPTER 16 – ADDITIONAL/SPECIAL NEEDS Section B – Replacement of Furniture or Clothing

B. REPLACEMENT OF FURNITURE OR CLOTHING Allowances for the partial or total replacement of furniture or clothing which has been lost in a fire, flood, or other like catastrophe are provided when needs cannot otherwise be met through assistance from relatives or friends or from other agencies or other resources. The intent of this policy is to allow for the partial or complete replacement of clothing and furniture, depending upon what was verified as lost in the fire/disaster. (Allowances shall not exceed the amounts listed under Schedules SA-4a and SA-4b.) When the fire or other disaster occurs, the local district is responsible for verifying that the fire/disaster actually occurred and that the applicant's/recipient's belongings were in the apartment and are no longer usable. The facts and circumstances regarding such replacement must be fully documented in the case record. SCHEDULE SA-4b Replacement Cost of Clothing Birth through 5 years

$48

6 through 11 years

$73

12 through adult

$89

New York State Office of Temporary & Disability Assistance

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CHAPTER 16 – ADDITIONAL/SPECIAL NEEDS Section C – Equipment Repairs

C. EQUIPMENT REPAIRS Each local district must provide for the essential repair of heating equipment, cooking stoves, and refrigerators used by persons in need of TA in their homes, provided provision cannot otherwise be made. Replacement may be authorized when it is less expensive than repair. Such allowances for cooking stoves and refrigerators cannot exceed the amounts authorized under Schedule SA-4a. Note: Local districts can obtain several estimates of repair/replacement costs for the above items. The obtaining of several estimates in order to discover the lowest responsible bid is in line with the public policy of expending monies in the most efficient and open manner. Note: A hot water heater is considered to be essential heating equipment. Note: The repair or replacement if less expensive of heating equipment, cooking stoves and refrigerators in rental situations where such repair/ replacement is the responsibility of the landlord should only be made when efforts to have the landlord make the repairs/replacement have failed and when it is an extreme emergency, e.g., health or safety of clients are in jeopardy. If the landlord does not agree to repay the local district for such repairs/ replacement, legal action, including seeking a lien, should be pursued by the local district. The intent of this policy is to provide the applicant/recipient with the repair or replacement if less expensive, of heating equipment, cooking stoves and refrigerators used in their homes. The repair of such equipment can be made as a direct payment to the applicant/recipient, by voucher payment, or by other methods where the equipment is repaired or replaced. The cost of repairs or replacements of cooking stoves and refrigerators shall not exceed the cost of replacement of such items as established on Schedule SA-4a.

New York State Office of Temporary & Disability Assistance

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CHAPTER 16 – ADDITIONAL/SPECIAL NEEDS Section D – Chattel Mortgage – Conditional Sales Contract

D. CHATTEL MORTGAGE-CONDITIONAL SALES CONTRACT When the furniture or household equipment of an applicant who has not been a recipient of temporary assistance within the previous six months preceding the application is essential to making his/her shelter accommodations habitable, but where such furnishings are presently encumbered by a chattel or a conditional (installment) sales contract, every effort shall be made to have deferred, cancelled, or reduced the payment obligations connected with their continued possession. Failing all such efforts, an allowance may be made for a compromised settlement of payments due; or, if no settlement can be reached, essential payments may be authorized, provided they do not exceed replacement costs of the furniture/equipment as established by Schedule SA4a. The intent of this policy is to try to insure that essential furniture purchased under some contract is not lost because of failure to meet the payments by the applicant. Many times these contracts are such that, failing to meet a minimal payment, the family or individual loses his furnishings. In such case, the local district would have the contractor accept a set amount to satisfy the contract or to reduce the payment amounts. Depending on the circumstances (particularly the cost to the district of replacing the furnishings), and, where a mutually acceptable arrangement can be worked out with the contractor, a grant may be authorized to secure such essential furnishings.

New York State Office of Temporary & Disability Assistance

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CHAPTER 16 – ADDITIONAL/SPECIAL NEEDS Section E – Supplemental Jobs Allowance

E. SUPPLEMENTAL JOBS ALLOWANCE SUPPLEMENTAL JOBS PAYMENTS – The local district must provide a monthly allowance to supplement the income of a TA household when the household experiences a net loss of cash income due to the acceptance of employment by a JOBS participant who is a member of the household, when such acceptance is required by the local district. A net loss of cash income occurs when the monthly gross income of the household, subtracting necessary actual work-related expenses, is less than the cash assistance the household received in the month in which the offer of employment was made. The supplement must equal the monthly net loss of cash income that would occur if the supplement were not paid to the household. 1. Gross income includes, but is not limited to: a. Earnings, b. Unearned income, and, c. Cash assistance. 2. Cash assistance means the budget deficit. 3. Necessary actual work-related expenses are the actual, verifiable and unreimbursed expenses directly related to maintaining employment. a. Such expenses include, but are not limited to: (1) Mandatory payroll deductions such as federal, State and local taxes, social security taxes, disability insurance and union dues; Note: The amount of taxes must be manually calculated and should reflect only the amount paid for dependents who may be legally claimed on tax returns. (2) (3) (4) (5) (6)

Tools, materials, uniforms and other special clothing required for the job; Mandatory fees for licenses or permits fixed by law; Deductions for medical insurance coverage; Child day care up to the local market rate; and, Transportation, including the cost of transporting children to and from child day care, except that the amount for use of a motor vehicle must be computed on a mileage basis at the same rate paid to employees of the local district and must only be allowed when public transportation is not available.

b. Such expenses do not include: (1) (2) (3) (4) (5) (6)

Meals; Business-related depreciation; Personal business and entertainment expenses; Personal (not work related) transportation; Purchase of capital equipment; and, Payments on the principal of loans.

New York State Office of Temporary & Disability Assistance

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CHAPTER 16 – ADDITIONAL/SPECIAL NEEDS Section E – Supplemental Jobs Allowance

4. To determine if there is a net loss of cash income, the following procedures must be followed for all participants in the month in which employment is offered: a. Budget the earned income including earned income from the new job prospectively in accordance with current budgeting procedures (i.e., allowing the $90 work disregard, percentage earned income disregard); the resulting cash deficit if any will represent total cash assistance. b. Add any unearned income (for example: UIB, SSA, Worker's Compensation, Disability Insurance, etc.) to the cash assistance. c. Determine gross monthly earned income and subtract any necessary actual workrelated expenses. Add resulting sub-total to sub-total as detailed in paragraph b above. d. Compare total of paragraphs a, b, & c as detailed above to TA needs prior to accepting the new job. If total "Cash Income" is less than TA needs prior to having earned income budgeted, issue supplement up to this TA need. 5. The following examples illustrate the net loss of cash income determination: EXAMPLE 1 Mr. John Doe applies for TA for himself and his two dependent children from the Suffolk County Department of Social Services. Mr. Doe has no other income. See the budget below for grant determination. Mr. Doe is determined eligible effective 05/01/10. Budget for FA case of 3 in Suffolk Co. w/o other income. WBGTPA     ** TA BUDGET **       VERSION                  DIST SUFF  05/01/2010    CASE NAME                   CASE NO.     OFC  UNIT   WORKER  TRAN  CASE  IVD      DOE, JOHN                   SCRATCHPAD   11   111    EGR      02    11            HH CA DP‐HH DP‐CA HC LF PI SI PSP PSF        ********** EARNED INCOME *********   03 03                                        #  LN 30I 30M SRC FRQ  D  HRS CCR    TY R         ACTUAL   ALLOW                  1:               BASIC           26800                  2:                                         ENRGY            3000  **** OTHER INCOME  ****       0  GROSS          0          SPMNT            2300  LN SRC F  AMOUNT EXEMPT       0  TAXES          0    01    SHELT   50000   44700                 0      0       0  NYS DIS        0          WATER       0       0                 0      0       0  WORK EXP       0     0    FUEL                0                 0      0       0  EXEMPT         0          OTHER       0       0      TOTAL NET         0       0  CH CARE        0          OTHER       0       0      $$$$ TA GRANT $$$$$       0  CH CARE        0          OTHER       0       0      TOTAL NEEDS   76800       0  CH CARE        0          TOTAL NEEDS     76800      TOTAL INC         0       0  DISREGARD      0    ********* RECOUPMENT **********  CD / AMT  D   76800       0  TOT DED        0    TY BALANCE   %   MO  AMT   REM   RECOUPMENT        0       0  UNAVAIL        0             0 00.0         0     0  UTIL/RES          0       0  NET INC        0             0 00.0         0     0  SHELT/RES         0                                       0 00.0         0     0  RESTRICTED        0 * EFFECTIVE DATE *           RECALC     00.0         0        SEMI CASH     38400   050110 TO 093010           SNAP CASE NO.                    SEMI N‐CASH       0   DATE STORED   /  /       

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CHAPTER 16 – ADDITIONAL/SPECIAL NEEDS Section E – Supplemental Jobs Allowance

EXAMPLE 2 Mr. Doe begins working in June and will receive $1,000 in gross wages for the month. His first pay is received May 15th (under initial earnings policy this income is not counted until June 1st). See the budget below for grant determination. Mr. Doe is entitled to receive the $90 standard disregard and the percentage disregard. WBGTPA     ** TA BUDGET **       VERSION                  DIST SUFF  06/01/2010    CASE NAME                   CASE NO.     OFC  UNIT   WORKER  TRAN  CASE  IVD      DOE, JOHN                   SCRATCHPAD   11   111    EGR      02    11            HH CA DP‐HH DP‐CA HC LF PI SI PSP PSF        ********** EARNED INCOME *********   03 03                                        #  LN 30I 30M SRC FRQ  D  HRS CCR    TY R         ACTUAL   ALLOW                  1:                            BASIC           26800                  2:                                         ENRGY            3000  **** OTHER INCOME  ****  100000  GROSS          0          SPMNT            2300  LN SRC F  AMOUNT EXEMPT       0  TAXES          0    01    SHELT   50000   44700                 0      0       0  NYS DIS        0          WATER       0       0                 0      0    9000  WORK EXP       0     0    FUEL                0                 0      0       0  EXEMPT         0          OTHER       0       0      TOTAL NET         0       0  CH CARE        0          OTHER       0       0      $$$$ TA GRANT $$$$$       0  CH CARE        0          OTHER       0       0      TOTAL NEEDS   76800       0  CH CARE        0          TOTAL NEEDS     76800      TOTAL INC     43680   47320  DISREGARD      0    ********* RECOUPMENT **********  CD / AMT  D   33100   56320  TOT DED        0    TY BALANCE   %   MO  AMT   REM   RECOUPMENT        0       0  UNAVAIL        0             0 00.0         0     0  UTIL/RES          0   43680  NET INC        0             0 00.0         0     0  SHELT/RES         0                                       0 00.0         0     0  RESTRICTED        0 * EFFECTIVE DATE *           RECALC     00.0         0        SEMI CASH     165500   060110 TO 093010          SNAP CASE NO.                      SEMI N‐CASH       0   DATE STORED   /  /     

Net Loss of Cash Income Determination $1,000gross mo. earned income for June - 125fed. tax for June - 12union dues for June - 75soc. sec. tax for June - 8dis. ins. for June $ 780 subtotal - 80 trans. costs for June $ 700 subtotal + 331 cash assistance received for June $1031 total "cash income" $ 768 needs prior to income budgeted -1031 total "cash income" received for June $ 263 no supplement owed for June as "cash income" > deficit prior to income budgeted for June EXAMPLE 3 Same as above example 2. However, Mr. Doe must drive his car 40 miles roundtrip per workday. The following illustrates the net loss of cash income determination. $1,000gross mo. earned income for June

New York State Office of Temporary & Disability Assistance

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TASB 03/29/2011

CHAPTER 16 – ADDITIONAL/SPECIAL NEEDS Section E – Supplemental Jobs Allowance

-125fed. tax for June -62state tax for June -12union dues for June - 8dis. ins. for June $ 780 subtotal - 199 trans. costs for June (40 mi. x $.23/mi.(co. rate) x 5 days x 4 and 1/3 wks in June ) $ 581 subtotal + 331cash assistance received for June $ 912 total "cash income" $ 768 needs prior to income budgeted - 912 total "cash income" received for June $ -144 no supplement owed for June 6. The net loss of cash income determination applies only for the month in which employment is offered. Because of the availability of the earned income disregards, transitional benefits, and supportive services, it is anticipated that the number of affected cases will be minimal. a. For those participants who are determined ineligible for a net loss of cash income supplement, no further action is necessary. b. For those participants who are determined eligible for a net loss of cash income supplement, this determination must be done on a monthly basis until there is no longer a need for a net loss of cash income supplement, even if the TA case is closed. c. The participant who may be entitled to a net loss of cash income supplement must document on a monthly basis actual work related expenses and income that are taken into consideration for the net loss of cash income determination. d. The participant who may be entitled to transitional benefits and/or supportive services must apply for them before having those types of expenses included in the net loss of cash income determination (e.g., child day care, transportation).

New York State Office of Temporary & Disability Assistance

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TASB 03/29/2011

CHAPTER 16 – ADDITIONAL/SPECIAL NEEDS Section F – Storage of Furniture & Personal Belongings

F. STORAGE OF FURNITURE & PERSONAL BELONGINGS An allowance for essential storage of furniture and personal belongings shall be made for circumstances such as relocation, eviction or temporary shelter so long as: 1. Eligibility for TA continues; and, 2. The circumstances necessitating the storage continue to exist. There are times when an individual or a family has to relocate, is evicted or has other circumstances which require them to yield their homes. Arrangements must be made to protect their furniture and personal belongings. There is no regulatory limit on the amount that can be paid for the storage. Additionally, Office Regulations do not place restrictions on the types of furniture and personal belongings that require storage.

New York State Office of Temporary & Disability Assistance

16-10

TASB 03/29/2011

CHAPTER 16 – ADDITIONAL/SPECIAL NEEDS Section G – Camp Fees

G. CAMP FEES Camp fees, when funds cannot be obtained from other sources, may be paid for children receiving FA or SNA-FP not in excess of a total cost of $400 per annum per child and not to exceed $200 per week. These payments are not considered income for Supplemental Nutrition Assistance Program.

New York State Office of Temporary & Disability Assistance

16-11

TASB 12/05/2016

CHAPTER 16 – ADDITIONAL/SPECIAL NEEDS Section H – Restaurant Allowances

H. RESTAURANT ALLOWANCES Each local district must provide for the additional costs of meals for persons lacking adequate cooking facilities, unable to prepare meals at home or those who do not otherwise receive meals in their residence in accordance with Schedule SA-5. A microwave and/or refrigerator is not adequate cooking facilities. NOTE: If meals are being provided in the place in which the person is residing (congregate care, shelter, etc.) the person is not eligible to receive a restaurant allowance. However, there may be special and unusual circumstances where an applicant/recipient may not be able to partake of one or more meals in such a situation because of work, educational or other reasons deemed necessary by the local district. When arrangements cannot be made to accommodate (i.e., bagged lunches or off-hour meals) the individual's needs, a restaurant allowance should be provided for missed meals. SCHEDULE SA-5 RESTAURANT ALLOWANCE SCHEDULE Monthly allowances to be added to appropriate monthly grants and allowances for combinations of restaurant meals and meals prepared at home or meals otherwise provided in the residence, including sales tax. Dinner in a restaurant Lunch and dinner in a restaurant All meals in a restaurant Additional special restaurant allowance as described below

$29.00 $47.00 $64.00

The following persons already receiving a restaurant allowance must receive a special monthly allowance of an additional thirty-six dollars: 1. Any woman with a medically verified pregnancy, or 2. A person under eighteen years of age, or 3. A person under nineteen years of age and a full-time student regularly attending a secondary school or in the equivalent level of vocational or technical training if, before such person attains age nineteen, such person may reasonably be expected to complete the program of such secondary school or training.

New York State Office of Temporary & Disability Assistance

16-12

TASB 03/29/2011

CHAPTER 16 – ADDITIONAL/SPECIAL NEEDS Section I – Home Delivered Meals

I. HOME DELIVERED MEALS An allowance in the amount of $36 shall be provided for home delivered meals only to current recipients of SSI, FA and SNA only under the following conditions: 1. The individual is in danger of suffering from malnutrition because the individual lacks the mobility, skills, or incentive to prepare and eat adequate meals alone. 2. The individual is in danger of institutionalization due to the inability to prepare adequate meals. 3. When home delivered meals are available to homeless persons or families placed in shelters or in hotels/motels without cooking facilities and where the shelter or hotel/motel is inaccessible to restaurants.

New York State Office of Temporary & Disability Assistance

16-13

TASB 08/16/2012

CHAPTER 16 – ADDITIONAL/SPECIAL NEEDS Section J – Burial Costs for Indigent Deceased Persons

J. BURIAL COSTS FOR INDIGENT DECEASED PERSONS The local district provides for burial when a TA recipient or other indigent person dies leaving no funds or insurance sufficient to pay the cost and there are no relatives, friends or other persons liable or willing to take responsibility for the burial expense. Each local government sets a limit on the amount of money that can be spent on the burial of indigent persons in its district. This limit defines an "indigent burial". If money is spent above this limit, the burial is not an indigent burial. A contract is usually made with the Undertakers Association or other burial agent who will provide services at specified rates. Burial costs include all reasonable expenditures incidental to the proper burial of a deceased poor person, including such items as the purchase of a plot, clothing, transportation of the body to the place of burial, mortician services, and preparation and closing of the grave. It is strongly suggested that, in all cases, the local district obtain a copy of the itemized bill that the undertaker performing the burial keeps on file for inspection by the Health Department to prevent any possible abuse. 1. RESPONSIBILITY FOR BURIAL a. RELATIVES: Legally responsible relatives (LRR's) who are able to pay are primarily responsible for burial costs. If LRR's are unknown or cannot be reached at the time of the burial and the expense is borne by the local district, the local district is required to recover any monies that the LRR's are able to pay. LRR's include a spouse or a parent of a child who is under 21 years of age. b. LOCAL DISTRICT: With the exceptions noted below, the local district responsible for furnishing TA or care to the person in life must provide for the care, removal and burial of the body of the deceased. If a dispute arises over which local district is responsible for a burial, the local district where the body is found must arrange and pay for the burial. Either district may then file for a fair hearing. (1) PLACEMENT RULE: The local district which placed the deceased in a family home, boarding home, nursing home, convalescent home, hospital or institution outside of its territory and paid for the care directly or to the recipient is responsible for paying the cost of the burial [ SSL 62(5)(b) and (c)]. (2) MEDICAL RULE: The local district, from which the deceased was admitted into a hospital, nursing home, intermediate care facility or other medical facility in another local district, is responsible for burial [SSL 62(5) (d)]. (3) 621 ELIGIBLES: "621 Eligible" are persons who have spent 5 or more continuous years in a State Department of Mental Hygiene facility. Their burial arrangements are the responsibility of the local district "where found". 621eligibility is determined solely by the New York State Office of Mental Health (OMH) and the New York State Office of Mental Retardation and Developmental Disabilities (OMRDD). This status is communicated to the local district by form OMH-5 or OMR-5. Contact the appropriate Psychiatric Center or Developmental Center Medical Records Office for these forms.

New York State Office of Temporary & Disability Assistance

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TASB 08/16/2012

CHAPTER 16 – ADDITIONAL/SPECIAL NEEDS Section J – Burial Costs for Indigent Deceased Persons

(4) TRANSIENTS: The local district where the body is found is responsible for burial of transients and those persons whose local district of fiscal responsibility cannot be established. Remember to check the WMS system to find out if the deceased was receiving care from another local district. (5) OXFORD HOME: The Oxford Home for eligible veterans and their dependents includes a Department of Health skilled nursing facility (SNF) for New York State veterans only. (Persons who were admitted to the armed forces from New York State are considered to be New York State veterans). Residency is not gained in an SNF. To determine which local district buries a deceased veteran who resides in the Oxford Home, the following steps should be taken: (a) Determine which local district the client was admitted from. This is the local district of fiscal responsibility. (b) Contact the local veteran's organization in that local district. If the veteran's organization assumes responsibility for the burial they can enter a reimbursement claim at the local district. (c) If no veterans’ organization will assume responsibility, the local district from which the veteran was admitted is responsible for the indigent burial. (d) If the veteran is from out-of-state, the local district where the deceased is found is responsible for burial. 2. FISCAL IMPLICATION: If no other funds are available, monies to pay for the burial come from the local district "Recovery Fund" (when the deceased has assets) and the local government tax base appropriation for indigent burials. State (and Federal) reimbursement is available for some burials. a. THE RECOVERY FUND: The Recovery Fund consists of money collected by a local district as repayment for any TA or care granted during the deceased's lifetime. Insurance policies, liens or assignments, rentals from assigned properties, recoveries from LRR's contributions, etc., are placed in this fund. (Monies to pay for specific items are called refunds and are not a part of the recovery fund.) The local district fiscal officer who is in charge of the Recovery Fund keeps a record for each recipient. The local district may use up to $500 of a deceased's recovery monies for burial. The balance of the cost or the whole cost if there are no client assets is paid from the local tax base appropriation. As stated above, an insurance policy received by the local district is part of the Recovery Fund. However, if a policy is sent directly to the funeral director, the funeral director must subtract the total value of the policy from the burial rate set by the local district and submit the remaining amount as the total burial cost to the local district. Note: When the deceased is entitled to a Social Security death benefit under Title II of the Social Security Act, the lump sum is sent by SSA to the spouse living in the household or to an eligible child of the deceased. The availability of this money should be explored in the recovery process.

New York State Office of Temporary & Disability Assistance

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TASB 08/16/2012

CHAPTER 16 – ADDITIONAL/SPECIAL NEEDS Section J – Burial Costs for Indigent Deceased Persons

b. STATE AND FEDERAL REIMBURSEMENT: 90 ADM-5: State reimbursement is available for up to one half of the unrecovered cost of the burial. Reimbursement is not available for unrecovered costs that exceed $900. For example, in a situation where the local district pays $1500 for a burial and $500 of the deceased's recovery fund assets are applied toward the cost, $900 could be claimed for reimbursement. This would result in $261 State reimbursement for a local charge. If there are no assets in this case, the total amount of the claim is still limited to $900, with State reimbursement of $261. Burial claims are reimbursable at 29% State/71% Local if the deceased is a local charge, with the exception of FA special needs claims. Reimbursement for the FA applicant/recipient must be claimed as a special need under the FA program. (See this Chapter, Section K) FA reimbursement rates apply. That is, reimbursement claims up to the maximum of $900 are paid by 100% federal funds. c. VETERAN REIMBURSEMENT: Reimbursement rates for the burial of indigent veterans are the same as for any other indigent person who is eligible under SSL 141. Veteran reimbursement provisions apply to honorably discharged members of the armed forces of the United States, as well as their minor children, parents, or the spouse or unremarried surviving spouse who dies without leaving sufficient assets to cover burial expenses. To obtain reimbursement for veteran burials from the Department, the local Veterans Service Agencies (and other local agencies responsible for the burial of indigent veterans) should forward either paid bills or vouchers, depending upon local practice, to the local district so that these costs can be included on the monthly RF-2 claim. The voucher or bill should show for whom the burial was paid, when the burial took place, and total expenditures for the burial. The bills or vouchers should be kept on file by the local district for audit purposes as documentation supporting the claim. When the claim is settled, the State (and any Federal) reimbursement related to the veterans burials should be forwarded to the local veterans agency. For further information see 90 ADM-5. 3. WHEN RELATIVES AND FRIENDS MAKE BURIAL ARRANGEMENTS a. If relatives or friends wish to arrange a more expensive funeral for the deceased than allowed as an indigent burial and they are willing to bear the expense, they can make arrangements directly with the undertaker. However, they will receive no reimbursement from the local district. b. When burial arrangements for a recipient of TA or care are made by relatives or friends and the expense of such burial does not exceed the amount allowed as an indigent burial, the local district may: (1) Reimburse them in whole or in part from the $500 Recovery Fund limit, if the relatives or friends are required to pay the burial expense in order to arrange the burial. (A legally responsible relative must not be reimbursed for any part that the relative is able to pay.)

New York State Office of Temporary & Disability Assistance

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TASB 08/16/2012

CHAPTER 16 – ADDITIONAL/SPECIAL NEEDS Section J – Burial Costs for Indigent Deceased Persons

(2) Pay part of the burial expense up to the local limit if this is permitted government policy. The local district must never pay more than the remaining to be paid after the total of the amounts paid or to be paid by sources, including payments made or to be made by legally responsible who are able to pay.

by local balance all other relatives

c. Relatives or friends of the deceased have a right to a fair hearing if they have paid for the burial arrangements and their claim for reimbursement is denied by the local district. [NYCRR 358-3.1(d)].

New York State Office of Temporary & Disability Assistance

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TASB 03/29/2011

CHAPTER 16 – ADDITIONAL/SPECIAL NEEDS Section K – Burial of Deceased FA Related Individuals

K. BURIAL OF DECEASED FA RELATED INDIVIDUALS Department Regulations require that burial of an FA applicant/recipient must be claimed as a special need under the FA Program when: 1. The deceased was in receipt of FA at the time of death or would have been eligible if he/she had applied. 2. The deceased was a member of an FA household but was not receiving FA cash at the time of death because he/she was sanctioned or was an illegal alien. 3. The deceased was a single pregnant woman. 4. Because of the death, the deceased's family becomes FA eligible. Note: If the deceased was not an FA recipient at the time of death, an FA application must be made on behalf of the deceased per section 350.1 of Office regulations.

New York State Office of Temporary & Disability Assistance

16-18

TASB 03/29/2011

CHAPTER 16 – ADDITIONAL/SPECIAL NEEDS Section L – Budgeting TA Allowances

L. BUDGETING TA ALLOWANCES 1. TA ALLOWANCES – Other TA Allowances, as categorized below, are part of the ongoing TA grant and as such, are, unless restricted, included in the amount of the ongoing (monthly or semi-monthly) regular recurring cash grant (WMS Payment Type 05). When restricted, other TA Allowances may be paid to recipients as a separate check or paid to others as a vendor payment. Other TA Allowances included in the ABEL budget are as follows: a. b. c. d. e. f. g. h. i.

01 02 03 06 09 13 14 17 18

Restaurant Allowance – Dinner Restaurant Allowance – Lunch-Dinner Restaurant Allowance – Breakfast-Lunch-Dinner Refrigerator Rental Chattel Mortgages Home Delivered Meals Other Shelter Needs Supplemental Child Care Expenses Incident to Pregnancy

NOTE: Allowances, other than those listed above, require separate payment lines and are not to be included as part of the regular recurring grant (and are not included as part of the ABE L budget). 2. EXCLUDED CODES – The following codes are not included in the Eligibility Determination and are only considered as Needs after eligibility has been established: a. "06 – Refrigerator Rental", and, b. "17 – Supplemental Child Care" Amounts associated with these two codes are also not used when computing recoupment amounts and are not included in needs when calculating the Gross Income Limit. For SNAP budgeting purposes, amounts associated with these two codes are not counted as income and are subtracted from the TA Grant Amount before it is used in the SNAP calculation. 3. SYSTEM EDITS – Several system edits are applied to entries made in the Other TA Allowance fields, restricting the use of certain allowances to certain shelter types, shelter proration indicators and amounts. The following matrix illustrates these edits.

New York State Office of Temporary & Disability Assistance

16-19

TASB 03/29/2011

CHAPTER 16 – ADDITIONAL/SPECIAL NEEDS Section L – Budgeting TA Allowances

CONDITIONS ALLOWED BY ABEL EDITS RELATED TO ENTRIES IN THE OTHER TA ALLOWANCE FIELDS Other TA Allowance Allowance Amount Type 01- 03 Must be less than or equal to the maximum allowed times the number in case 06 N/A 09 N/A 13 Must be less than or equal to maximum allowed for number in case 14 N/A 18 Must equal a multiple of $50

New York State Office of Temporary & Disability Assistance

Allowable Type 01-08, 11

Shelter Allowable Shelter Proration Indicator C, N, S, 1-9

06 01-03, 07-10 01-03, 05-08, 11

N/A N/A C, N, S, 1-9

01-03, 07-08 N/A

N, S, 1-9 N/A

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TASB 03/29/2011

CHAPTER 16 – ADDITIONAL/SPECIAL NEEDS Section M – Removal of an Individual to Other States or Countries

M. REMOVAL OF AN INDIVIDUAL TO OTHER STATES OR COUNTRIES 1. ALLOWANCES – Allowances under the appropriate program (FA or SNA) must be made to applicants for or recipients of TA who are removed to another state or country in accordance with paragraph 2 below. Suc