1/30/08 N.Y. St. Reg. Erratum TDA

NY-ADR

1/30/08 N.Y. St. Reg. Erratum TDA
NEW YORK STATE REGISTER
VOLUME XXX, ISSUE 5
January 30, 2008
ERRATUM
 
A Notice of Proposed Rule Making, I.D. No. TDA-02-08-00002-P, pertaining to Recertification of Public Assistance Recipients, published in the January 9, 2008 issue of the State Register contained a misprint in the text of the rule. Two apostrophes were inadvertently left out of two words. The corrected text follows:
Subdivision (b) of section 351.21 is amended to read as follows:
(b) All variable factors of need and eligibility shall be reconsidered, reevaluated and verified at least once in every:
(1) three months, in cases of [Aid to Dependent Children] Family Assistance (FA) when eligibility is based on the unemployment of a parent; and
(2) six months, in cases of [Aid to Dependent Children] FA when eligibility is not based on the unemployment of a parent and in cases of [Home Relief] Safety Net Assistance (SNA).
Subdivision (c) of section 351.21 is amended to read as follows:
(c) Unless the social services district has an Office approved alternative recertification requirement, [The social services] the district [shall] must use the State-prescribed form in the recertification process and [shall] must require:
(1) a face-to-face interview with the recipient for each recertification; and
(2) a face-to-face interview by the end of the third calendar month following the month of acceptance for all new and reopened [ADC] FA and [HR] SNA cases.
Paragraph (5) of subdivision (f) of section 351.21 is amended to read as follows:
(5) 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 of children because of age or leaving school, and obtaining employment. In review of a [Home Relief] SNA case, entitlement to assistance under a federally aided category shall be considered.
Subdivision (a) of section 351.22 is amended to read as follows:
(a) In all programs of public assistance, there shall be face-to-face recertification interviews, and contacts as needed in excess of the minimum required by [department] Office regulations shall be made in cases where there is indication of change in need or resources.
Subdivision (b) of section 351.22 is amended to read as follows:
(b) Failure to appear at the face-to-face interviews or comply with an Office approved alternative recertification requirement. If a recipient fails to appear or comply with an Office approved alternative recertification requirement, without good cause, the social services official [shall] must send a 10-day notice of proposed discontinuance of assistance on a form required by the [department] Office.
(1) If the recipient does not respond within this 10-day period, the case shall be closed as of the end of the 10-day notice period. Any request for assistance made after a case is closed [shall] must be considered a new application.
(2) If the recipient appears for a face-to-face interview during the 10-day notice period, an interview [shall] must be arranged. If it is determined that [he] the recipient is eligible for continued assistance, the 10-day notice of proposed discontinuance [shall] must be nullified.
Paragraph (3) of subdivision (b) of section 351.22 is added to read as follows:
(3) If the recipient complies with an Office approved alternative recertification requirement during the 10-day notice period, the recipient's eligibility information must be reviewed. If it is determined that the recipient is eligible for continued assistance, the 10-day notice of proposed discontinuance must be nullified.
Paragraph (1) of subdivision (c) of section 351.22 is amended to read as follows:
(1) Social services districts which use eligibility mailout questionnaires must develop plans outlining the eligibility mailout process which is to be used, consistent with the provisions of paragraph (2) of this subdivision. Such plans must be submitted to and approved by this [department] Office before a social services district's mailout process can be implemented. Concurrently with the submission of the plan, or anytime thereafter, a social services district may request, and the [department] Office may approve, a waiver of the provisions set forth in subparagraphs (i) and (ii) of paragraph (2) of this subdivision. The [department] Office may rescind the approval of any eligibility mailout plan or suspend such process when circumstances make such action appropriate.
Subdivision (f) of section 351.22 is amended to read as follows:
(f) When a social services 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 to notify the recipient of the proposed change in his assistance grant in accordance with [department] Office regulations. 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. An appropriate entry shall be made in the case record of any such change in grant, and the basis for it. Such reduction or increase in grant involves a reauthorization for a continuing grant in a different amount, while a discontinued grant may involve the following action:
The Department of State apologizes for any confusion this may have caused.
End of Document