SCHEDULE SA-1

STATEWIDE STARNDARD OF NEED

Schedule SA-2a of subdivision (d) of section 352.2 is amended to read as follows:

SCHEDULE SA-2a STATEWIDE MONTHLY GRANTS AND ALLOWANCES, EXCLUSIVE OF HOME ENERGY PAYMENTS AND SUPPLEMENTAL HOME ENERGY PAYMENTS FOR [HR-VA-ADC] SNA-VA-FA

1. Statutory authority:

§ 20(3)(d) of the Social Services Law (SSL) authorizes the Office of Temporary and Disability Assistance (OTDA) to promulgate regulations to carry out its powers and duties.

§ 34(3)(f) of the SSL requires the Commissioner of OTDA to establish regulations for the administration of public assistance and care within the State.

§ 131(1) of the SSL requires social services districts (SSDs), insofar as funds are available, to provide adequately for those unable to maintain themselves, in accordance with the provisions of the SSL.

Amended § 131-a (2)(a-1) - (a-4) of the SSL sets forth schedules establishing standards of monthly need for determining eligibility for all categories of public assistance (PA) by all SSDs, effective from July 1, 2009 through June 30, 2010, from July 1, 2010 through June 30, 2012, from July 1, 2012 through September 30, 2012, and from October 1, 2012 and thereafter, respectively.

Amended § 131-a (3)(a-1) - (a-4) of the SSL sets forth schedules establishing the amounts of monthly allowances and grants for persons determined eligible to receive PA, effective from July 1, 2009 through June 30, 2010, from July 1, 2010 through June 30, 2012, from July 1, 2012 through September 30, 2012, and from October 1, 2012 and thereafter, respectively.

2. Legislative objectives:

It was the intent of the Legislature when enacting the above-referenced statutes that OTDA establish rules, regulations, and policies to adequately provide for those persons unable to provide for themselves so that, whenever possible, such persons could be restored to conditions of self-support and self-care.

3. Needs and benefits:

These proposed regulatory amendments are intended to update certain public assistance (PA) schedules set forth in 18 NYCRR §§ 352.1(a) and 352.2(d) to bring them into compliance with amended Social Services Law (SSL) § 131-a. The schedule for “Statewide Standard of Need” set forth in 18 NYCRR § 352.1 (a) provides the basic allowance component used in calculating the standard of monthly need, which is used by the SSDs to determine eligibility for PA. The schedule for “Statewide Monthly Grants and Allowances” set forth in 18 NYCRR § 352.2 (d) provides the maximum amounts of the basic allowance component of the standard of monthly need for individuals and families receiving PA in all SSDs. The schedules also appear in SSL §§ 131-a(2)(a) and (3)(a).

Amended SSL §§ 131-a (2)(a-1) - (a-4) and (3)(a-1) - (a-4) set forth revised schedules relative to the standard of monthly need for determining eligibility for PA, and to the allowances and grants for persons determined eligible to receive PA, respectively. The revised schedules were effective from July 1, 2009 through June 30, 2010, from July 1, 2010 through June 30, 2012, from July 1, 2012 through September 30, 2012, and from October 1, 2012 and thereafter, respectively. As a result, the corresponding regulatory schedules in 18 NYCRR §§ 352.1 (a) and 352.2 (d) must be updated to reflect these statutory provisions.

The provisions of amended SSL §§ 131-a(2) and (3) are non-discretionary, and OTDA and the SSDs were required to comply with the PA schedules on July 1, 2009, July 1, 2010, July 1, 2012, and October 1, 2012, respectively. These proposed regulatory amendments are required in order to conform the current PA schedules set forth in 18 NYCRR §§ 352.1(a) and 352.2(d) to the non-discretionary provisions set forth in amended SSL § 131-a.

4. Costs:

The proposed regulatory amendments would have no fiscal impact. OTDA and the SSDs are already in compliance with the schedules set forth in amended SSL § 131-a.

5. Local government mandates:

These amendments would not impose any additional programs, services, duties, or responsibilities upon SSDs. SSDs are already required to comply with State law and determine eligibility for all categories of PA based on the standard of monthly need, less any available income or resources which are not required to be disregarded.

6. Paperwork:

There would be no additional forms required to support these proposed amendments.

7. Duplication:

These proposed amendments would not duplicate, overlap, or conflict with any existing State or federal regulations.

8. Alternatives:

There are no alternatives, as the proposed regulatory amendments are required in order to bring the current PA schedules set forth in State regulations into compliance with the schedules set forth in amended SSL § 131-a.

9. Federal standards:

The proposed regulatory amendments would not conflict with federal standards for PA.

10. Compliance schedule:

SSDs are currently in compliance with the schedules set forth in SSL § 131-a. Consequently, they would be in compliance with the proposed regulations on their effective date.

1. Effect of rule:

The proposed regulatory amendments would have an effect on local governments, but not on small businesses. The regulatory amendments would assist social services districts (SSDs) by bringing the regulatory language of 18 NYCRR §§ 352.1 and 352.2 into compliance with the schedules set forth in Social Services Law (SSL) § 131-a.

2. Compliance requirements:

The SSDs are currently in compliance with SSL § 131-a. Consequently, they would be in compliance with the proposed regulations on their effective date.

3. Professional services:

The proposed regulatory amendments will not require small businesses or local governments to obtain additional professional services.

4. Compliance costs:

The proposed regulatory amendments would have no fiscal impact. The SSDs are already in compliance with the schedules set forth in SSL § 131-a.

5. Economic and technological feasibility:

All small businesses and local governments currently possess the economic and technological abilities to comply with these proposed regulatory amendments.

6. Minimizing adverse impact:

There will be no adverse economic impact on local governments and small businesses incidental to the proposed regulatory amendments.

7. Small business and local government participation:

There was no participation by small businesses or local governments in the development of the proposed regulatory amendments, insofar as the proposed regulatory amendments are intended to bring the State regulations into compliance with the revised PA schedules set forth in amended SSL § 131-a.

1. Types and estimated numbers of rural areas:

The proposed regulatory amendments will affect the 44 rural social services districts (SSDs) in the State. The regulatory amendments would assist the SSDs in rural areas by bringing the regulatory language of 18 NYCRR §§ 352.1 and 352.2 into compliance with the schedules set forth in Social Services Law (SSL) § 131-a.

2. Reporting, recordkeeping and other compliance requirements; and professional services:

These amendments would not impose any additional programs, services, duties, or responsibilities upon the SSDs. The SSDs are already required to determine eligibility for all categories of public assistance (PA) consistent with SSL § 131-a.

3. Costs:

The proposed regulatory amendments would have no fiscal impact. The SSDs in rural areas are already in compliance with SSL § 131-a.

4. Minimizing adverse impact:

The proposed regulatory amendments will not adversely impact upon SSDs in rural areas.

5. Rural area participation:

The SSDs in rural areas did not participate in the development of the proposed regulatory amendments because the proposed regulatory amendments are required in order to bring the current PA schedules set forth in the State regulations into compliance with the schedules set forth in amended SSL § 131-a.

A Job Impact Statement is not required for the proposed regulatory amendments. It is apparent from the nature and the purpose of the proposed regulatory amendments that they will not have a substantial adverse impact on jobs and employment opportunities in either the public or private sectors within the State. The proposed regulatory amendments are intended to bring State regulations into compliance with the public assistance (PA) schedules set forth in amended Social Services Law § § 131-a (2)(a-1) - (a-4) and (3)(a-1) - (a-4), which impact eligibility for and calculation of the basic allowance component of PA grants.