N.Y. Comp. Codes R. & Regs. tit. 18 § 351.9

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

Section 351.9 - Concurrent benefits prohibited

(a) Definitions. For purposes of this section:

(1) Benefits means public assistance grants or any other grants or benefits provided in accordance with the Social Services Law or in accordance with other provisions of this Title. Such benefits include home relief, aid to dependent children or other public assistance cash grants which are provided to cover basic needs.

(2) Concurrent benefits means benefits paid from a public assistance program more than once or from more than one public assistance program, or any other programs or activities for which the department is responsible, which are provided during the same time period to meet the same needs of the same individual. Medical assistance, energy assistance, food stamp assistance or other assistance provided to individuals who have been determined to be eligible for a public assistance cash grant will not be considered concurrent benefits. Aid to dependent children may be considered concurrent benefits when provided to meet the needs of home relief recipients; medical assistance based upon eligibility for home relief may be considered concurrent benefits when provided to meet the needs of recipients of federally funded aid to dependent children.

(3) Individual includes a public assistance recipient or a recipient of benefits from any other programs or activities for which the department is responsible, any legally responsible relative of such recipient and any other adult payee for such recipient.

(b) No individual may receive concurrent benefits unless a social services official, in accordance with the policies or directions of the department, specifically has determined that such duplication of benefits is necessary and appropriate due to specific case circumstances which are stated in the case record.

(c) If a social services official learns that an individual is applying improperly for or receiving benefits when such individual is also receiving, or has been approved to receive, concurrent benefits in that social services district, or in another social services district, state, territory or commonwealth, then the social services official must deny the benefits for which the individual, legally responsible relative or payee is applying, or must discontinue any concurrent benefits being provided for such individual.

(d) A determination that an individual is receiving or applying for concurrent benefits must be based on information which establishes with reasonable certainty that the same individual is receiving or applying for assistance to meet the same needs in the same or separate subdivisions of that social services district, or in another social services district, state, territory or commonwealth. Information used to identify an individual with reasonable certainty includes, but is not limited to:

(1) Repealed

(2) photographic images;

(3) official identification documents; and

(4) governmental or public records containing verifiable biological or demographic information unique to particular individuals.

(e) A social services official discovering or investigating the application for or receipt of concurrent benefits must notify any other social services entity which has authorized payment for benefits which are concurrent and inform such social services entity of the existence of the concurrent cases and of the action that the referring social services official has taken or plans to take. A social services official that has been notified that concurrent benefits are being claimed or paid, must, after an investigation, take any necessary action to assure that only appropriate social services benefits are being provided to any individual identified as receiving concurrent benefits.

(f) Subject to the provisions of sections 358-3.3(g), 358-3.6(a)(2)(vi) and 358-3.6(c)(2)(iii) of this Title, individuals whose benefits are being discontinued are entitled to aid continuing as defined in section 358-2.5 of this Title for only one open case in the State during the time period in which concurrent benefits are denied or terminated. Social services officials must make determinations to discontinue or deny benefits to individuals applying for or receiving concurrent benefits by issuing, to the extent permitted by Part 358 of this Title, only adequate notices that do not afford to such individuals any right to receive aid continuing as defined in section 358-2.5 of this Title for more than one open case at one time in the State.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 351.9

Amended New York State Register December 4, 2019/Volume XLI, Issue 49, eff. 1/15/2020