N.Y. Comp. Codes R. & Regs. tit. 18 § 351.1

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

Section 351.1 - Investigation

(a) Definition. Investigation is a continuous process which is concerned with all aspects of eligibility for public assistance or care from the period of initial application to case closing. Investigation means the collection, verification, recording and evaluation of factual information on the basis of which a determination is made of eligibility and degree of need, or of ineligibility, for any form of public assistance or care.

(b) Responsibility for furnishing information.

(1) The social services official shall:

(i) provide applicants and recipients, and others who may inquire, with clear and detailed information concerning programs of public assistance, eligibility requirements therefor, methods of investigation and benefits available under such programs; and

(ii) inform each applicant and recipient, at the time of application and subsequently, of such person's initial and continuing responsibilities to furnish the information described in paragraph (2) of this subdivision.

(2) Each applicant and recipient must, as a condition of eligibility for themselves or others:

(i) provide accurate, complete and current information on his or her needs and resources as well as the whereabouts and circumstances of responsible relatives;

(ii) furnish evidence to provide verification of those factors which affect eligibility and the amount of entitlement, including:

(a) identity;

(b) residence;

(c) family composition;

(d) rent payment or cost of shelter;

(e) income from any source;

(f) savings or other resources; and

(g) lawful residence in the United States, if the recipient is an alien;

(iii) apply for and utilize any benefits or resources that will reduce or eliminate the need for public assistance or care;

(iv) make a timely report to the district of any changes in his or her needs and resources. A report will be considered timely if made within 10 days of the changes except as provided in section 351.2(k)(4) of this Part. A report to a social services district concerning changes in income must be made timely. Such a report will be considered timely if made within the time frames specified in section 352.19(b) of this Title; and

(v) cooperate with the social services official in fulfilling necessary reporting requirements for public assistance programs, and at a minimum provide accurate, current and complete demographic and income information required to meet Federal reporting requirements, including:

(a) information concerning themselves if they are caretaker relatives who are not legally responsible for minor children on whose behalf an application for public assistance has been made or for whom public assistance is provided and information concerning the children under their care; and

(b) information concerning minor siblings of a child on whose behalf an application for public assistance has been made or for whom public assistance is provided if the siblings reside in the household of the child.

(c) Responsibility for prompt determination of eligibility. Upon receipt of an application for assistance, the social services official shall conduct an investigation and secure, record and evaluate the findings thereof in order to:

(1) promptly determine eligibility or ineligibility for public assistance;

(2) determine the type of public assistance or care, including food stamps required, and authorize such assistance.

(d) Constitutional and statutory rights of applicants and recipients. Any investigation or reinvestigation of eligibility shall be conducted in a manner that will not result in practices that violate an applicant's or recipient's constitutional rights. An applicant or recipient shall be permitted to appear with an attorney or other representative at any interview or conference with a representative of a social services district, whenever such interview or conference relates to questions of eligibility for public assistance and care, or the amount to which the person interviewed is or was entitled.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 351.1