18 CRR-NY 387.24NY-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 4. SERVICES TO INDIVIDUALS
PART 387. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
18 CRR-NY 387.24
18 CRR-NY 387.24
387.24 New York State Combined Application Project (NYSCAP).
The NYSCAP is a Federally-approved demonstration project which uses an automatic SNAP case enrollment and conversion process for certain single, live-alone Supplemental Security Income (SSI) recipients. Information from the Social Security Administration (SSA) provided to the Office of Temporary and Disability Assistance (office) is used to identify individuals eligible to receive SNAP benefits under the NYSCAP. The operation of the NYSCAP, as set forth in this section, is subject to continued Federal approval and funding.
(a) Eligible households.
The process for enrollment of eligible households in the NYSCAP is set forth below:
(1) automatically enrolled eligible households:
(i) single SSI, live-alone households, not currently receiving SNAP benefits, designated with an SSI Federal living arrangement code A, and a State SSI supplemental code A. These are individuals that SSA and the office have determined to be separate, independent households; even if they are physically living with others. These households are automatically enrolled in the NYSCAP, except as otherwise provided by this section;
(ii) automatic enrollment of a NYSCAP case for an individual will be stopped if an exception situation exists for that individual. The NYSCAP case will not be automatically enrolled. The exception reason must be reviewed and resolved, and its effect on eligibility for SNAP and for participation in the NYSCAP must be determined prior to manually opening a NYSCAP case. Exception situations include but are not limited to:
(a) the individual is a member of a household that has a pending application for SNAP benefits;
(b) the individual is sanctioned or disqualified from participation in the SNAP due to a SNAP intentional program violation (IPV);
(c) the last case action recorded in the welfare management system, (WMS) or any system of record that succeeds WMS, for a SNAP household of which the individual was a member, was the closure of the case due to the request of the household; and
(d) the last case action recorded in WMS, for a SNAP household of which the individual was the only member, is the termination of an automatic NYSCAP enrollment because the individual failed to redeem SNAP benefits following the automatic enrollment in the NYSCAP, as provided by this section.
(2) Conversion of NYSCAP-Eligible Current SNAP Recipient Households to the NYSCAP:
(i) current SNAP recipients who are determined eligible for SSI will be converted to the NYSCAP; and
(ii) automatic conversion of a currently active regular SNAP case to the NYSCAP will be stopped if an exception situation exists for that household. The NYSCAP case will not be automatically enrolled, and the exception reason must be reviewed by the social services district for possible resolution and subsequent NYSCAP enrollment. Exceptions include but are not limited to:
(a) case exception reasons:
(1) the individual is a member of a household that has a pending application for SNAP benefits;
(2) the individual is sanctioned or disqualified from participating in the SNAP due to a SNAP IPV;
(3) the individual is an active member of another SNAP household;
(4) information about the individual failed a date of birth or sex validation match between the SSA and the WMS;
(5) the individual is listed as residing in more than one social services district;
(6) the individual is listed as deceased in the WMS; and
(7) the last SNAP case transaction for the household in the WMS was case closure for having moved out-of-state;
(b) budget exception reasons:
(1) the individual is sanctioned or disqualified from participating in the SNAP due to a SNAP IPV;
(2) the SNAP case has no stored budget;
(3) the individual is in an open SNAP case with a household greater than one;
(4) the household has a SNAP budget with an overpayment claim, for either a past, current or future period, stored in WMS;
(5) the household is not receiving any SSI;
(6) if the effective date of an SSA change is reported after the expiration date of the household’s SNAP certification period;
(7) information from the SSA indicates that the household’s social services district of residence has changed.
(3) Ineligibility to opt out of the NYSCAP. All individuals eligible to participate in the NYSCAP who wish to participate in the SNAP must receive SNAP through the project.
(b) Ineligible households.
Households ineligible to participate in the NYSCAP are as follows:
(1) Individuals in receipt of SSI who are not designated with a Federal living arrangement code A, and a State SSI supplemental code A.
(2) SSI individuals residing in group living arrangements as defined in section 387.1 of this Part.
(3) NYSCAP-eligible SNAP recipients aged 18 through 21 who are currently receiving SNAP benefits as part of a multi-person SNAP household are ineligible to participate and must remain part of the multi-person household if they otherwise would be a required member of the household as defined in section 387.1 of this Part.
(4) Individuals who are currently or permanently disqualified from participation in the SNAP.
(c) Enrollment process.
The NYSCAP automatic enrollment process for eligible households.
(1) Eligible households automatically enrolled in the NYSCAP are authorized to receive an initial SNAP benefit of at least the minimum allotment for a household of one (excepting those cases wherein a recoupment for an outstanding claim balance is re-established for collection) and a certification period of 36 months. These households are sent an initial enrollment notice by the Office which includes:
(i) notification of their eligibility for SNAP benefits under the NYSCAP;
(ii) overview of the NYSCAP;
(iii) explanation of the individual’s rights and responsibilities under the NYSCAP; and
(iv) provisions for submitting documentation to support the receipt of a higher SNAP benefit.
(2) Verification.
(i) For the purpose of the NYSCAP, unless contradicted by more current, verified-upon-receipt information, the use of the SSI, SSA and ithe State-funded SSI State Supplement Program (SSP) data will fulfill SNAP verification requirements for the following:
(a) identity;
(b) date of birth;
(c) social security number;
(d) sex;
(e) SSI and other income;
(f) household size; and
(g) living arrangement.
(ii) Information subsequently reported is subject to SNAP verification requirements as set forth in section 387.8 of this Part.
(3) SNAP benefits are accessible using the electronic benefit transfer (EBT) card. Use of the EBT card to access SNAP benefits within 90 days following automatic NYSCAP case enrollment constitutes an electronic signature and an acknowledgment that the recipient understands and agrees to their rights and responsibilities under the SNAP:
(i) a NYSCAP case is not considered open, and a household is not considered a SNAP recipient or to have been an applicant, until the household has redeemed a portion of any SNAP benefit within 90 days following automatic NYSCAP case enrollment;
(ii) a household has no rights to a fair hearing unless the household has accessed a portion of any SNAP benefit within 90 days following automatic NYSCAP case enrollment; and
(iii) a NYSCAP enrollment is closed automatically if a household has not redeemed any SNAP benefits within 90 days following automatic NYSCAP case enrollment. No further notices are required.
(4) Automatic case enrollment/closing date for the NYSCAP:
(i) the SNAP case for an automatic NYSCAP enrollment is open effective the first day of the month following the month that the information on the household’s SSI and SSP case activation is received, provided the information is received on or before the 20th day of the month. If the information is received after the 20th day of the month, automatic NYSCAP enrollment is effective no later than the first day of the second month following receipt of this information; and
(ii) the SNAP case for an automatic NYSCAP enrollment is closed automatically if a household has not redeemed any SNAP benefits within 90 days following automatic NYSCAP case enrollment. No further notices are required.
(5) No eligibility for expedited processing. There is no expedited processing, pursuant to section 387.8 of this Part, for the NYSCAP automatic enrollment process.
(6) Restored benefits:
(i) there are no restored SNAP benefits dating back to the date of SSI eligibility for automatically-enrolled NYSCAP cases; and
(ii) if a NYSCAP household fails to redeem any SNAP benefits within 90 days of automatic NYSCAP case enrollment and the SNAP case created by the automatic NYSCAP case enrollment is closed as a result, and the individual then subsequently applies for and is found eligible for SNAP, there is no right or entitlement to restored SNAP benefits back to the date of the initial automatic NYSCAP case enrollment. The new SNAP application and case would then be processed pursuant to section 387.8 of this Part.
(7) Initial certification interview. An initial certification interview is not required for households automatically enrolled in the NYSCAP.
(d) Conversion process.
The NYSCAP Conversion Process for Active SNAP Households.
(1) Conversion. SNAP recipients who are determined eligible for the NYSCAP will be converted to the NYSCAP as follows:
(i) conversion to the NYSCAP is effective the first day of the month following the month the information on the SSI case activation is received by the office provided the information is received by the 20th of the month. If the information is received after the 20th of the month, conversion to the NYSCAP is effective no later than the first day of the second month following receipt of this information;
(ii) the office will send a notice that includes:
(a) notification of the household’s conversion to the NYSCAP;
(b) overview of the NYSCAP; and
(c) explanation of the household’s rights and responsibilities under the NYSCAP;
(iii) NYSCAP-eligible SNAP recipients aged 18 through 21 who are in an open SNAP case with a household greater than one must remain part of the multi-person household if they otherwise would be a required member of the household as defined in section 387.1 of this Part.
(2) Verification. NYSCAP households are subject to SNAP verification requirements as set forth in paragraph (c)(2) of this section.
(e) NYSCAP benefit levels.
Households automatically enrolled in the NYSCAP pursuant to paragraph (a)(1) of this section initially receive at least the Federal minimum monthly benefit level for a household of one, excepting those cases wherein a recoupment for an outstanding claim balance is re-established for collection. The household may qualify for a higher SNAP benefit by submitting information regarding household circumstances and all required verification as outlined in section 387.15 of this Part.
(f) Transition from NYSNIP to NYSCAP.
The New York State Nutrition Improvement Project (NYSNIP) is an expiring, federally-approved demonstration project which used an automatic SNAP case enrollment and conversion process for certain single, live-alone SSI recipients.
NYSNIP households in receipt of a standardized benefit amount will be transitioned to the NYSCAP and the regular SNAP budgeting methodology as put forth in this Part as soon as practicable but no later than the household’s next required contact.
(g) Certification periods.
SNAP households participating in the NYSCAP will be assigned certification periods of 36 months. Households that were previously certified under NYSNIP with certification periods of between 36-48 months will receive a 36-month certification period at their next recertification.
(h) Reporting requirements.
Between certifications, the only reporting requirement for NYSCAP households is to respond to NYSCAP SNAP Benefit Interim Reports (Interim Reports) as set forth below.
(1) Interim reports. NYSCAP households are required to complete interim reports. Approximately 18 months prior to the end of the certification period, households are mailed the interim reports requesting that the households provide updated information regarding living arrangements, shelter costs, and utility expenses. Households are advised to return the completed form by the 10th day of the month following the month the interim report is received or SNAP benefits will be discontinued. Blank reports, reports submitted without required verification as set forth in section 387.8 of this Part, and unsigned reports will be treated as no change reports and processed for continuing NYSCAP eligibility at the current benefit amount.
(2) Client reported changes. A NYSCAP household is not required to report any changes except as provided in paragraph (1) of this subdivision. When a household reports and verifies a change, in accordance with paragraph (c)(2) of this section, that would affect the household’s eligibility or change its benefit amount, the social services district must act upon that information.
(3) System reported changes.
(i) The office receives change information daily from the SSA. SSA information is transmitted to or made available to the social services districts by daily NYSCAP reports. Action by the social services district is required for certain case status changes. System-reported changes that require the social services districts to make a determination of continuing eligibility for SNAP benefits include:
(a) loss of SSI income;
(b) relocation from one social services district to another; or
(c) relocation to an ineligible living arrangement.
(ii) System-reported changes that do not require the social services districts to take action are changes in:
(a) income;
(b) relocation within the same social services district;
(c) relocation to an eligible living arrangement; or
(d) death.
(i) Recertification.
(1) All SNAP cases recertified into the NYSCAP are recertified for a 36-month period.
(2) NYSCAP households are required to recertify by the end of the current certification period, in order to determine continued eligibility in accordance with recertification requirements set forth in section 387.17(f) of this Part.
(3) A NYSCAP household’s failure to recertify for the SNAP results in case closing.
(j) Notice requirements.
(1) Initial enrollment:
(i) NYSCAP-eligible households will receive an initial enrollment notice as set forth in paragraph (c)(1) of this section.
(ii) SNAP households converted to the NYSCAP will receive a notice of conversion as set forth in paragraph (d)(1) of this section.
(iii) NYSCAP households that have redeemed SNAP benefits within three months of case opening but have not submitted the information collection sheet or otherwise had the initially-authorized budget adjusted within six months of case opening will receive a reminder letter prompting the household to submit information regarding household circumstances.
(2) Interim report: The interim report is automatically mailed to households 18 months prior to the end of the certification period as set forth in subdivision (h) of this section.
(3) Recertification: NYSCAP households are subject to recertification requirements set forth in section 387.17 of this Part and subdivision (i) of this section.
18 CRR-NY 387.24
Current through July 31, 2021
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