N.Y. Comp. Codes R. & Regs. tit. 18 § 352.12

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

Section 352.12 - Income and benefits as related to employment

In determining initial and continuing eligibility, current employment, past employment, employability and work-related benefits shall be fully explored and verified. The applicant or recipient shall be required to seek and accept employment in which he is able to engage, to utilize placement facilities and to make application for work-related benefits.

(a) Present employment.

(1) Income from wages. The employment and earnings of an employed applicant or recipient must be verified, including the name and address of employer, social security number, work classification, date employment started, amount of gross and net wages, items covered by deductions, exemptions and number of dependents claimed for income tax purposes.

(2) Income from self-employment or small business. The facts and conditions of a business owned or operated by an applicant or recipient must be explored and verified insofar as possible, including operating costs, gross sales, net profits, current inventory, accounts receivable, accounts payable, general financial history, and present and future prospects. A careful analysis and appraisal of these facts is required as a basis for counseling the owner on liquidation or continuance of the business. The social security number must be secured. If the business has been in existence for three years, the social services district must review the business to determine if the business has the potential for future growth. If the social services district determines that the business has no potential for future growth, and does not produce income at least equal to that which could be expected from employment, the applicant or recipient must be required as a condition of eligibility to liquidate the business. If, after the social services district conducts the review of the business, the district determines that there is potential for growth of the business, the social services district may defer the requirement that the applicant or recipient liquidate the business for a period of up to an additional two years.

(b) Past employment. An employment history shall be obtained and verified where practicable for each applicant or recipient with previous work experience, for a period sufficient to determine his presumptive eligibility for work-related benefits, his occupational experience, his work record, and the possibilities for reemployment. The employment history shall include names and addresses of former employers, social security number, dates of employment and the nature of work performed. In the case of recently employed, employable persons the information shall include the amount of weekly wages and reason for termination of employment.

(c) Work-related benefits.

(1) The agency shall explore eligibility for work-related benefits, require presumptively eligible persons to make application therefor, and verify the receipt of benefits in accordance with the applicable board rules, department regulations, and the procedures and forms required by the department or administrative agency for clearance of such benefits.

(2) OASDI benefits shall be deemed an available resource that must be utilized as a condition of eligibility, including benefits available for retired workers and the wives of retired workers at age 62 and for widows at age 60. Exceptions may be made in short-term cases where need is presumed to continue for not more than three months. Where need is presumed to be temporary and no referral is made, the case record should clearly state the reason for the decision.

(3) Special OASDI age-72 benefits shall be deemed an available resource that must be utilized as a condition of eligibility, except when a cash assistance applicant and/or recipient would be disadvantaged by receipt of such benefits.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 352.12