18 CRR-NY 398-10.2NY-CRR
STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 18. DEPARTMENT OF SOCIAL SERVICES
CHAPTER II. REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES
SUBCHAPTER B. PUBLIC ASSISTANCE
ARTICLE 5. MISCELLANEOUS
PART 398. SUPPLEMENTAL SECURITY INCOME (SSI) ADDITIONAL STATE PAYMENTS
SUBPART 398-10. ADMINISTRATIVE FAIR HEARINGS
18 CRR-NY 398-10.2
18 CRR-NY 398-10.2
398-10.2 Right to aid continuing.
In certain circumstances, the SSP or SSPNA recipient has the right to have the SSP benefits or SSPNA continued unchanged until the fair hearing decision is issued. The office’s Office of Administrative Hearings (OAH) will determine whether the recipient is entitled to aid continuing and will advise the office and the recipient of its decision.
(a) Where this office is required to give timely and adequate notice before it can take an action in the case, a recipient will have the right to aid continuing for SSP benefits or SSPNA until the fair hearing decision is issued if the recipient requests a fair hearing before the effective date of the proposed action as contained in the notice of action.
(b) Where this office is required to give adequate, but not timely notice and has discontinued, reduced, restricted or suspended SSP benefits or SSPNA, the recipient has the right to have SSP benefits or SSPNA reinstated and continued until a fair hearing decision is issued only if the recipient requests a fair hearing within 10 days of the date of the notice of action issued by the office and if OAH determines that the action upon the SSP benefit or SSPNA did not result from the application of, or change in State or Federal law or policy.
18 CRR-NY 398-10.2
Current through July 31, 2021
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IMPORTANT NOTE REGARDING CONTENT CURRENCY: The "Current through" date indicated immediately above is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Administrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of NYS Rules.