N.Y. Comp. Codes R. & Regs. tit. 18 § 352.33

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

Section 352.33 - Deeming of sponsor's income and resources

(a) Except as provided in subdivisions (b) and (c) of this section, all the income and resources of a sponsor of an alien who has signed an affidavit of support pursuant to section 213a of the Immigration and Nationality Act, and all the income and resources of such sponsor's spouse is deemed available to such alien for purposes of determining the eligibility of such alien for family assistance and federally funded safety net assistance. A sponsor's income and resources will no longer be deemed available to the alien when the alien:

(1) achieves United States citizenship through the naturalization process; or

(2) has worked 40 qualifying quarters of coverage as defined under title II of the Social Security Act or can be credited with such qualifying quarters as provided under Federal law and, in the case of any such qualifying quarter creditable for any period beginning after December 31, 1996, did not receive any Federal means-tested public benefit during any such period.

(b) If the social services district determines that a sponsored alien would, in the absence of assistance provided by the agency, be unable to obtain food and shelter, taking into account the alien's own income plus any cash, food or housing or other assistance provided by other individuals, including the actual amount of income and resources provided by the sponsor or sponsor's spouse, the agency must:

(1) budget only the amount of income and resources which the sponsor or the sponsor's spouse actually contributes to the alien for a period beginning on the date of such determination and ending 12 months after such date; and

(2) notify the Office of Temporary and Disability Assistance of the department of each such determination including the names of the sponsor and the sponsored alien involved in the manner prescribed by the department.

(c) The social services district may not apply subdivision (a) of this section for a 12-month period with respect to battered aliens and their children described in section 421(f)(1)(A) of the Federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 and may not thereafter apply such subdivision if the alien demonstrates that the battery or cruelty has been recognized by a court order or order of an administrative law judge or by the Immigration and Naturalization Service. This subdivision does not apply unless the battery or cruelty bears a substantial connection to the need for benefits or if the person responsible for such battery or cruelty resides in the same household as the individual who was subject to the battery or cruelty.

(d) If and to the extent that family assistance, safety net assistance, additional state payments in the supplemental security income program, emergency assistance to aged, blind or disabled adults or emergency assistance to needy families with children is paid to or on behalf of an alien for whom an affidavit of support pursuant to section 213a of the Immigration and Nationality Act has been signed, the social services district must request reimbursement by the alien's sponsor in the amount of such assistance, and, if the alien's sponsor does not within 45 days of such request indicate a willingness to commence payments, such social services district may commence an action against the sponsor pursuant to the affidavit. Indications of a willingness to pay may include only: payment in full, commencement of substantial periodic payments, entry into a payment agreement or a written assurance of payments on a reasonable basis. Oral assurance of payment shall not be sufficient. Remedies available to enforce an affidavit of support include all of the remedies described in sections 3201, 3202, 3204, 3205 of title 28 of the United States Code, as well as an order for specific performance and payment of legal fees and other costs of collection, and include corresponding remedies available under State law; provided, however, that no action shall be brought more than 10 years after assistance was last given.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 352.33