(1) be aged, blind or disabled in accordance with the requirements of this part and title XVI of the Federal Social Security Act (United States Code Annotated, title 42, sections 1381-1383f; Thomson West, West Headquarters, 610 Opperman Drive, Eagan, MN 55123. An electronic location for the United States Code, title 42, sections 1381-1383f is available from the Office of the Law Revision Counsel, United States House of Representatives, H2-308 Ford House Office Building, Washington, DC 20515 at: http://uscode.house.gov/view.xhtml?path=/prelim@title42/chapter7/subchaper16&edition=prelim. Copies may be obtained from the Office of Temporary and Disability Assistance, Public Information Office, 40 North Pearl Street, Albany, NY 12243-0001.);

(2) be in active receipt of Federal SSI benefits as defined in section 398-2.1 of this Part, as of such time that the Federal SSA electronic data file, containing such individual's or couple's relevant SSI eligibility determination is transmitted to New York State via the SDX with Federal payment status codes as defined in section 398-2.1 of this Part;

(3) have monthly countable income less than the State standard of need as set forth in section 209 of the Social Services Law; and

(4) be living in New York State with the intention of making his or her home in New York State, but is not required to maintain a permanent residence or fixed address. This includes individuals placed by New York State agencies into facilities in other states, and individuals who are considered to be temporarily absent from New York State, but excluding individuals placed in a New York State facility by agencies of other states.

(1) an inmate of a public institution; or

(2) a resident of a medical facility which is receiving medical assistance for the individual at a level exceeding 50 percent of the cost of the individual’s care.