N.Y. Comp. Codes R. & Regs. tit. 18 § 352.7

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

Section 352.7 - Allowances and grants for other items of need

(a) Furnishings.

(1) If provision therefor cannot otherwise be made, each social services district shall provide for the purchase of necessary and essential furniture, furnishings, equipment and supplies required for the establishment of a home for persons in need of public assistance. For purposes of this subdivision, such an allowance shall be provided only when, in the judgment of the social services official, one of the following conditions exists:

(i) An individual or family temporarily housed in a hotel, motel, homeless shelter, residential program for victims of domestic violence or other temporary accommodation to which the individual or family has been referred by the social services district is being permanently rehoused in unfurnished housing accommodations, and suitable furnished accommodations are not available.

(ii) An unattached individual, whose needs cannot otherwise be met under Part 397 of this Title, is discharged from an institution, is determined to be capable of maintaining an apartment in the community, and suitable furnished accommodations are not available.

(iii) An adult, whose needs cannot otherwise be met under Part 397 of this Title, is discharged from an institution and wishes to rejoin his family, which is in need of additional furniture to provide adequate shelter for him.

(iv) A child is returned to his parents, who are in need of additional furniture to provide adequate shelter for him.

(v) An individual's or family's living situation adversely affects the physical and mental health of that individual or family, and it is essential that the individual or family be rehoused in unfurnished housing accommodations in order to safeguard his or their health, safety and well-being.

(2) An allowance provided under paragraph (1) of this subdivision may not exceed the amounts authorized for the appropriate rooms and items in the following schedule:

SCHEDULE SA-4a INITIAL OR REPLACEMENT COST OF ESSENTIAL HOUSEHOLD FURNITURE, FURNISHINGS, EQUIPMENT AND SUPPLIES

Living room	$182
Bedroom with a single bed	$145
with two single beds	$205
with double bed	$184
Kitchen (excluding appliances)	$142 (plus $12 for each additional person)
Range	$182
Refrigerator)	$182 (or $258 for four or more persons
Bathroom	$ 6 (plus $4 for each additional person)
Other equipment
Cabinet for linens	$ 22
Stove for heating	$ 72 (or $82 for five or more persons)

(3) Documentation of the need for such furniture shall be fully recorded in each case record.

(b) Equipment repairs. Each social services district must provide for the essential repair of heating equipment, cooking stoves and refrigerators used by persons in need of public assistance in their homes, provided provision therefore cannot otherwise be made except that replacement may be authorized when less expensive than repair. Such allowances for cooking stoves and refrigerators cannot exceed the amounts authorized under schedule SA-4a.

(c) Additional cost of meals. Each social services district must provide for the additional costs of meals for persons unable to prepare meals at home or who do not otherwise receive meals in their residences in accordance with the following schedule:

SCHEDULE SA-5

RESTAURANT ALLOWANCE SCHEDULE

Monthly allowances to be added to appropriate monthly grants and allowances for combinations of restaurant meals and meals prepared at home or meals otherwise provided in the residence, including sales tax.
Dinner in a restaurant	$29.00
Lunch and dinner in a restaurant	$47.00
All meals in a restaurant
Additional special restaurant allowance as described below	$64.00
Effective November 1, 1986, a special monthly allowance of an additional $36 must be granted to any pregnant woman or person under 18 years of age, or any person under 19 years of age who is a full-time student regularly attending a secondary school or in the equivalent level of vocational or technical training if, before such person attains age 19, such person may reasonably be expected to complete the program of such secondary school or training.
HOME DELIVERED MEALS
Monthly allowances to be added to appropriate monthly grants and allowances.
Extra allowance	$36.00

(d) Replacement of clothing or furniture. Each social services district shall provide for partial or total replacement of clothing or furniture which has been lost in a fire, flood or other like catastrophe, provided such needs cannot otherwise be met through assistance from relatives or friends or from other agencies or other resources. Such allowances shall not exceed the amounts authorized under schedules SA-4a and SA-4b.

SCHEDULE SA-4b

REPLACEMENT COST OF CLOTHING

Birth through 5 years	$48.00
6 through 11 years	$73.00
12 through adult	$89.00

(e)-(f) [Reserved]

(g) Payment for services and supplies already received. Assistance grants shall be made to meet only current needs. Under the following specified circumstances payment for services or supplies already received is deemed a current need:

(1) Replacement of lost or stolen checks.

(i) If an applicant or recipient reports to a local social services official that a check has been lost or stolen, an affidavit of loss shall be required of the recipient, and payment of the check shall be stopped. If the recipient has not already done so, he shall be required by the local social services official to report the loss or theft to the police, to obtain from them the blotter entry number, or classification number, or file number or other available evidence of the reporting, and to furnish such evidence to the local social services official. When satisfied that such police report has been made, the local social services official shall issue a replacement check to the recipient, on which there shall appear above the place for the recipient's signature, the following: "By endorsing or cashing this check I acknowledge that this is a replacement for a check, number ________ dated ________ drawn to my order on ________ which was lost/stolen; that I have not received the proceeds of said check directly or indirectly; and that I have been informed it is illegal for me to cash said check, and if I do so, I am liable to prosecution."

(ii) If payment is not stopped on the original check and it and the replacement check are both cashed, only one shall be subject to State reimbursement, and the social services district shall limit its claim for State reimbursement to one of the two checks.

(iii) If it is established that a recipient endorsed and cashed an allegedly lost or stolen check which has been replaced, the amount of such check shall be recovered from the recipient as provided for by the provisions of the regulations of this department.

(2) Replacement of electronic benefits. When a recipient claims that he or she has not received electronic cash public assistance benefits which the department's computer issuance record indicates were issued, the social services district must verify the validity of the computer issuance record in accordance with procedures established by the department. If it is verified that a valid issuance transaction occurred, the benefits cannot be replaced. If it is determined that a valid issuance transaction did not occur, the benefits must be restored in accordance with section 352.31(f) of this Part.

(3) A grant may be made to pay for rent, property taxes or mortgage arrears for the time prior to the month in which the public assistance case was opened or for applicants for emergency assistance under Parts 370 and 372 of this Title. Shelter arrears payments authorized for applicants under this paragraph are limited to a total period of six months once every five years unless the district determines at its discretion that additional shelter arrears payments are necessary based on the individual case circumstances. Such payments may be made only when:

(i) such payment is essential to forestall eviction or foreclosure and no other shelter accommodations are available; or

(ii) the health and safety of the applicant is severely threatened by failure to make such payment; and

(iii) the authorization for the payment receives special written approval by the social services official or such other administrative officer as he or she may designate, provided such person is higher in authority than the supervisor who regularly approves authorization;

(iv) the applicant reasonably demonstrates an ability to pay shelter expenses, including any amounts in excess of the appropriate local agency maximum monthly shelter allowance, in the future. However, when in the judgment of the local social services official, the individual or family has sufficient income or resources to secure and maintain alternate permanent housing, shelter arrears need not be paid to maintain a specific housing accommodation;

(v) such payment does not exceed the local agency maximum monthly shelter allowance. A district may, consistent with subparagraph (iv) of this paragraph, issue a grant for arrears in excess of the maximum monthly shelter allowance. However, any amount above the local agency maximum monthly shelter allowance paid towards the monthly arrears is an overpayment subject to recovery and recoupment in accordance with section 352.31 of this Part;

(vi) the applicant, if accepted for on-going public assistance, agrees to future restriction of shelter payments in accordance with Part 381 of this Title; and

(vii) in the case of an applicant who is not eligible for Safety Net Assistance, Family Assistance, Emergency Assistance to Families, or Emergency Assistance to Adults, such applicant is without income or resources immediately available to meet an emergency need, such applicant's gross household income at the time of application does not exceed 125 percent of the Federal income official poverty line as defined and annually revised by the United States Department of Health and Human Services under the authority of 42 U.S.C. 9902(2), and such applicant signs an agreement to repay the assistance in a period not to exceed 12 months from receipt of such assistance. The repayment agreement must set forth a schedule of payments that will assure repayment within the 12-month period, and must specify the frequency of the payments, the due date of the first payment, the address where payments must be made and the consequences of failing to repay the assistance as agreed. Subsequent assistance to pay arrears may not be granted unless there are no past-due amounts owed under any such repayment agreement. The social services district, in addition to any rights it has pursuant to the Social Services Law, may enforce the repayment agreement in any manner available to a creditor.

(4) A recipient of public assistance who is threatened with eviction or foreclosure or who is being evicted or whose property is being foreclosed upon for nonpayment of rent, mortgage or taxes incurred during a period for which a grant had been previously issued to the recipient may be provided with an advance allowance for rent, mortgage principal and interest payments or taxes in accordance with section 352.11 of this Part. Shelter arrears payments, including advance allowance payments, authorized under this paragraph are limited to a total period of six months once every five years unless the district determines at its discretion that additional shelter arrears payments are necessary based on the individual case circumstances. Advance investigation of the need for restricted payments must be conducted in accordance with Part 381 of this Title. An allowance for rent, mortgage principal and interest payments or taxes which exceeds the appropriate local agency maximum monthly shelter allowance can be made only if all of the following conditions are met:

(i) notwithstanding section 352.23(b) of this Part, the recipient agrees to use all available liquid resources for the payment of shelter expenses necessary to prevent eviction or foreclosure;

(ii) the recipient demonstrates an ability to pay shelter expenses in the future, including any amounts in excess of the appropriate local agency maximum monthly shelter allowance;

(iii) the recipient agrees to future restriction of rent or mortgage payments; and

(iv) the recipient has not previously received an allowance in excess of the appropriate local agency maximum monthly shelter allowance pursuant to this paragraph and, subsequent to receiving such allowance, requested discontinuation of restriction of the shelter payments to which he or she agreed pursuant to this paragraph.

(h) Chattel mortgages or conditional sales contracts. If the furniture or household equipment of an applicant, who has not been a recipient of public assistance within the previous six months preceding his application, is essential to making his living accommodations habitable but are presently encumbered by a chattel mortgage or a conditional sales contract, every effort shall be made to defer, cancel or reduce payments on such chattel mortgage or conditional sales contract. If all such efforts fail, an allowance may be made for a compromise settlement of such payments or, if a compromise cannot be reached, for other essential payments; provided, however, that the compromise settlement or allowances shall not exceed the cost of replacement.

(i) Camp fees. When funds cannot be obtained from other sources, camp fees may be paid for children receiving Family Assistance or Safety Net Assistance not in excess of total cost of $400 per child per annum, in amounts not to exceed $200 per week.

(j) [Reserved]

(k) Additional needs because of pregnancy. A monthly allowance of $50 shall be added to the appropriate monthly grant and allowance of a needy pregnant woman beginning with the fourth month of pregnancy or the month in which medical verification of the pregnancy is presented to the district, whichever is later.

(l) [Reserved]

(m) Supplemental payments. The social services official must provide a monthly allowance to supplement the income of an ADC, PG-ADC, HR or VA household when the household experiences a net loss of cash income due to the acceptance of employment by a JOBS participant who is a member of the household, when such acceptance is required by the social services district. A net loss of cash income occurs when the monthly gross income of the household, subtracting necessary actual work-related expenses, is less than the cash assistance the household received in the month in which the offer of employment was made. The supplement must equal the monthly net loss of cash income that would occur if the supplement were not paid to the household.

(1) Gross income includes, but is not limited to, earnings, unearned income and cash assistance.

(2) Cash assistance means the budget deficit as defined in section 352.29 of this Part.

(3) Necessary actual work-related expenses are the actual, verifiable and unreimbursed expenses directly related to maintaining employment.

(i) Such expenses include, but are not limited to:

(a) mandatory payroll deductions such as Federal, State and local taxes, social security taxes, disability insurance and union dues;

(b) tools, materials, uniforms and other special clothing required for the job;

(c) mandatory fees for licenses or permits fixed by law;

(d) deductions for medical insurance coverage;

(e) child care up to the local market rate; and

(f) transportation, including the cost of transporting children to and from day care, except that the amount for use of a motor vehicle must be computed on a mileage basis at the same rate paid to employees of the social services district and must only be allowed when public transportation is not available.

(ii) Such expenses do not include:

(a) meals;

(b) business-related depreciation;

(c) personal business and entertainment expenses;

(d) personal (not work-related) transportation;

(e) purchase of capital equipment; and

(f) payments on the principal of loans.

(n) Burials. Allowances shall be made for burial of applicants for and recipients of public assistance in accordance with section 141 of the Social Services Law.

(o) Removals. Allowances must be made to applicants for or recipients of public assistance who are removed to another state or country in accordance with this section. Such allowances can only be made for the reasonable and necessary expenses of such removals, as authorized by the following:

(1) Conditions for removals. A social services official shall authorize removal of a person to another state or foreign country only when the official has determined that:

(i) the person belongs in the other state or foreign country, based upon settlement, residence or otherwise, or relatives or friends have given assurances that they will support the person, in whole or in part; and

(ii) the welfare of the person to be removed and the interest of the State will be promoted by the removal.

(2) Costs of removal. Costs of removing persons from this State to another state or another country are reimbursable at 50 percent for reasonable and necessary expenditures for:

(i) meals enroute;

(ii) transfer of baggage;

(iii) transportation by such means as circumstances warrant; and

(iv) other reasonable and necessary expenses, including meals and lodging, and transportation costs of an attendant, including the attendant's meals and lodging but excluding charges for the attendant's time or services.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 352.7

Amended New York State Register November 3, 2021/Volume XLIII, Issue 44, eff. 11/3/2021