Amend § 387.8(a)(1) to make technical updates clarifying those households entitled to expedited service relative to their applications for SNAP.

Amend § 387.8(a)(2)(i) to make conforming changes by amending the timeframe for issuing benefits under expedited processing guidelines to as soon as practicable but no later than the seventh calendar day following the day the application was filed; to make technical updates changing the reference from “food stamp” to “SNAP.”

Amend § 387.8(a)(2)(ii) to make technical updates to processing standards for the issuance of SNAP benefits to households eligible for expedited service.

Amend § 387.8(a)(3)(i) to make technical updates to language describing the verification of an applicant’s identity under the expedited verification process.

Amend § 387.8(a)(3)(ii) to make technical updates changing references from “local department” to “social services district” and to bring language regarding furnishing or applying for a social security number (SSN) when a household applies for SNAP into conformity with federal requirements and current SNAP policy.

Amend § 387.8(b) to make technical updates and conforming changes by adding that the social services district must give households at least 10 calendar days following the date of the application interview and notification of outstanding documentation to provide required verification.

Amend § 387.8(b)(1)(i) to add clarifying language and to make conforming changes regarding mandatory verification requirements for households initially applying for SNAP.

Add new § 387.8(b)(1)(i)(a) to add clarifying language and to make conforming changes regarding mandatory verification requirements of gross non-exempt income for households initially applying for SNAP.

Add new § 387.8(b)(1)(i)(b) to add clarifying language and to make conforming changes regarding mandatory verification of alien eligibility requirements for households initially applying for SNAP.

Add new § 387.8(b)(1)(i)(c) to add clarifying language and to make conforming changes regarding mandatory verification requirements of medical expenses for households initially applying for SNAP.

Add new § 387.8(b)(1)(i)(d) to add clarifying language and to make conforming changes regarding mandatory verification requirements of SSNs for households initially applying for SNAP.

Add new § 387.8(b)(1)(i)(e) to add clarifying language and to make conforming changes regarding mandatory verification requirements of residency for households initially applying for SNAP.

Add new § 387.8(b)(1)(i)(f) to add clarifying language and to make conforming changes regarding mandatory verification requirements of identity for households initially applying for SNAP.

Add new § 387.8(b)(1)(i)(g) to add clarifying language and to make conforming changes regarding mandatory verification requirements of disability for households initially applying for SNAP.

Add new § 387.8(b)(1)(i)(h) to make conforming changes regarding mandatory verification requirements for households applying for SNAP which have been terminated for refusal to cooperate with a State quality control review.

Add new § 387.8(b)(1)(i)(i) to add clarifying language and to make conforming changes regarding mandatory verification requirements of household composition for households initially applying for SNAP.

Amend § 387.8(b)(1)(ii) to add clarifying language regarding the verification of questionable information that may have an effect on a household’s eligibility for SNAP and SNAP benefit level.

Amend § 387.8(b)(2) to make technical updates changing the reference from “local department” to “social services district.”

Amend § 387.8(b)(3) to make technical updates changing the reference from “local department” to “social services district.”

Amend § 387.8(b)(4) to make a technical update to language to change the reference from “folder” to “record,” from “photocopied” to “electronically-imaged,” and from “food stamp” to “SNAP.”

Amend § 387.8(b)(5) to make a clarifying revision.

Amend § 387.8(b)(5)(i) to make technical updates and add conforming language regarding the verification of income reported by the household during the certification period.

Amend § 387.8(b)(5)(ii) to make technical updates and add conforming language regarding the verification of medical expenses reported by the household during the certification period.

Amend § 387.8(b)(6) to make a clarifying revision.

Add new § 387.8(b)(6)(i) to make conforming changes regarding verification requirements for income changes reported at recertification.

Add new § 387.8(b)(6)(ii) to make conforming changes regarding verification requirements of medical expenses reported at recertification.

Add new § 387.8(b)(6)(iii) to make conforming changes regarding verification requirements of utility expenses reported at recertification.

Add new § 387.8(b)(6)(iv) to make a clarifying revision.

Add new § 387.8(b)(6)(v) to add conforming language regarding the verification of certain expenses reported at recertification.

The Office of Temporary and Disability Assistance has determined that changes made to the last published rule do not necessitate revision to the previously published Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement.

As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2021, which is no later than the 3rd year after the year in which this rule is being adopted.

The Office of Temporary and Disability Assistance (OTDA) received comments relative to the regulatory amendments. These comments have been reviewed and duly considered in this Assessment of Public Comments.

One comment suggested that OTDA forego amending 18 NYCRR § 387.8(a)(2)(i) to increase the current timeframe for issuing expedited Supplemental Nutrition Assistance Program (SNAP) benefits to SNAP-eligible households from five calendar days to seven calendar days, in favor of leaving the current regulatory language unchanged.

OTDA Response:

Given the rapidly-changing ways in which households now apply for and obtain SNAP benefits – most notably online and via mail – OTDA believes that it is critically important to align the State regulations regarding expedited processing with the federal timeframe as soon as possible. The current five-day expedited processing timeframe was originally implemented when almost all SNAP applications were filed in-person. Today, in New York City, in any given month, between 70 percent and 80 percent of SNAP applications are submitted online; in the rest of the State, the percentage exceeds 40 percent and is increasing. As a practical matter, in cases where a household is not applying for SNAP in-person, the five-day requirement by which to notify the household of a specific date and time for an application interview, complete the interview, process the case and issue benefits has become increasingly difficult to meet, thereby justifying the proposed regulatory amendments. Moreover, OTDA notes that the proposed regulatory amendments would not preclude expedited benefits from issuing on the day of application, or any day thereafter, within the seven days following filing of the application for SNAP benefits. However, in consideration of this comment, OTDA made a non-substantive revision to 18 NYCRR § 387.8(a)(2)(i) by adding language clarifying that SNAP benefits are to be made available to the household “as soon as practicable” but no later than the seventh calendar day following the day the SNAP application was filed.

One comment suggested that OTDA forego modifying existing language in 18 NYCRR § 387.8(a)(3)(ii) that “carves out” from SNAP work requirements those households that are exempt from SNAP work requirements or households that have designated an authorized representative, in favor of leaving the current regulatory language unchanged.

OTDA Response:

OTDA agrees with this comment and will keep the existing language in the regulation, with a non-substantial clarification conforming the current regulation with federal SNAP regulations at 7 Code of Federal Regulations (CFR) § 273.2(i)(4)(B), which require the applicant to register for work “(unless [the applicant is] exempt or unless the household has designated an authorized representative to apply on its behalf in accordance with [7 CFR] § 273.1(f)).”

One comment suggested that the proposed regulatory amendments to 18 NYCRR § 387.8(b)(1)(i)(d) be revised to add language stating that “[t]he state agency shall explain to applicants and participants that refusal or failure without good cause to provide [a social security number] will result in disqualification of the individual for whom [a social security number] is not obtained.”

OTDA Response:

The proposed regulatory amendments are intended to conform 18 NYCRR § 387.8(b)(1)(i)(d) with the federal SNAP language contained at 7 CFR § 273.2(f)(1)(v), and therefore, OTDA believes that the suggested revision to the proposed regulatory amendments is unnecessary.

One comment suggested that the proposed regulatory amendments at 18 NYCRR § 387.8(b)(1)(i)(g) be revised to add language referencing a State option to verify disability benefits and supplemental security income benefits via the State Data Exchange (SDX) and the Beneficiary Data Exchange (BENDEX) systems.

OTDA Response:

OTDA presently utilizes the SDX and BENDEX systems to verify disability benefits and supplemental security income benefits (see Informational Letter 06-INF-10, Computer Matching Clarification for Food Stamps). However, the Social Security Administration is presently working with the states to deliver similar information via other methods, which are not currently reflected in the federal statutory language in 7 CFR § 273.2(f)(7). To ensure that the proposed regulatory amendments reflect the most current methods of delivery of information to the states, OTDA believes that the suggested revision to the proposed regulatory amendments is unnecessary.