N.Y. Comp. Codes R. & Regs. tit. 18 § 351.22

Current through Register Vol. 46, No. 45, November 2, 2024

Section 351.22 - Action to be taken upon failure to appear at face-to-face interviews or failure to participate in an interview by telephone or other digital means, or upon determination of ineligibility or of change in degree of need

(a) In all programs of public assistance, there shall be face-to-face recertification interviews, or, there may be interviews by telephone or other digital means at the request of the recipients, and contacts as needed in excess of the minimum required by Office regulations shall be made in cases where there is indication of change in need or resources.

(b) Failure to appear at the face-to-face interviews or comply with an Office approved alternative recertification requirement or failure to participate in an interview by telephone or other digital means. If a recipient fails to appear, participate via telephone or other digital means, or comply with an Office approved alternative recertification requirement, without good cause, the social services official must send a 10-day notice of proposed discontinuance of assistance on a form required by the 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 period. Any request for assistance made after a case is closed must be considered a new application.

(2) If the recipient appears for a face to-face, telephone or digital interview during the 10-day notice period, an interview must be arranged. If it is determined that the recipient is eligible for continued assistance, the 10-day notice of proposed discontinuance must be nullified.

(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.

(c) Eligibility mailout process.

(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 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 office may approve, a waiver of the provisions set forth in subparagraphs (i) and (ii) of paragraph (2) of this subdivision. The office may rescind the approval of any eligibility mailout plan or suspend such process when circumstances make such action appropriate.

(2)

(i) If a recipient fails to respond to an eligibility mailout questionnaire within the time period described in the questionnaire, the social services official must send another eligibility mailout questionnaire with a 10-day notice of proposed discontinuance of assistance on the State prescribed form.

(ii) If the recipient does not respond to the eligibility mailout questionnaire within the 10-day period, the case must be closed at the end of the 10-day period. Any request for assistance made after a case is closed must be considered a new application.

(iii) If the recipient responds to the eligibility mailout questionnaire during the 10-day notice period, the 10-day notice of proposed discontinuance must be nullified.

(d) Failure to cooperate with a quality control review. When a head of household refuses without good cause to cooperate in a quality control review conducted in accordance with Part 326 of this Title, the entire household is ineligible for public assistance until the head of household cooperates with the review. Good cause includes circumstances beyond the head of household's control, such as, but not limited to, illness of the head of household, illness of another household member requiring the presence of the head of the household, or a household emergency.

(e) When a social services district receives indication of ineligibility or of change in degree of need, action shall be taken to review these situations as they occur. An investigation shall be initiated promptly and completed within 30 days.

(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 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:

(1) Case closed. This is a final terminal action, signifying that the case is no longer eligible for financial assistance in that public assistance program. Such action is also taken when the case is transferred or reclassified to another category of public assistance.

(2) The case must be closed when the recipient fails to pick up public assistance benefits from an electronic payment file transfer outlet for two consecutive months.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 351.22

Amended New York State Register February 9, 2022/Volume XLIV, Issue 06, eff. 2/9/2022