N.Y. Comp. Codes R. & Regs. tit. 18 § 353.2

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

Section 353.2 - Interim assistance to SSI applicants and recipients

(a) Definitions.

(1) Interim assistance means payments for basic needs made exclusively from State and/or local funds and furnished to or on behalf of:

(i) an applicant for SSI during the period in which the application is pending, beginning with the date on which the recipient became eligible for SSI and ending with the month in which the initial SSI payment is received or the following month if delivery of such payment for basic needs cannot be stopped during the month the individual's SSI payment begins; or

(ii) a recipient or former recipient of SSI for any period for which the recipient's SSI payment is reinstated after a period of suspension or termination, such period ending with the month in which the SSI payment is reinstated or the following month if delivery of such payment for basic needs cannot be stopped during the month the individual's SSI payment resumes.

(2) Payments for basic needs made exclusively from State and/or local funds include but are not limited to costs incurred for:

(i) safety net assistance;

(ii) veteran assistance;

(iii) predetermination grants under Part 382 of this Title;

(iv) institutional care for adults under Part 371 of this Title;

(v) shelter care;

(vi) child care at public expense; and

(vii) for any period in which Federal funds have not been used, family assistance.

(3) Initial payment means the total amount of SSI benefits payable to an eligible individual (including retroactive amounts, if any) at the time the first payments of SSI benefits are made or at the time SSI benefits are first reinstated following a period of suspension or termination, but does not include any emergency advance payments or presumptive disability or blindness payments authorized by the Social Security Administration (SSA).

(4) SSI benefits means supplemental security income payments made under title XVI of the Social Security Act and any State payments made under article 5, title 6 of the Social Services Law and agreements executed pursuant thereto.

(5) Repayment of interim assistance authorization or interim assistance authorization form means an instrument signed by an applicant for or recipient of interim assistance or his or her representative, authorizing SSA to make the initial payment of SSI benefits to the social services district, and authorizing the social services district to deduct therefrom the amount of interim assistance provided to the recipient. An authorization remains valid until SSA has made a final determination on the SSI applicant's or recipient's application. A signed authorization applies to any interim assistance received by the individual, without regard to whether execution of such authorization is a condition of eligibility under subdivision (b) of this section.

(6) Grants or payments furnished to or on behalf of an applicant for SSI means the amount of assistance for basic needs given to an individual applicant for SSI or the incremental amount of assistance for basic needs given to such an individual above the amount given to a family with which the individual resides, including amounts paid to vendors for such individual and amounts expended directly on behalf of the individual. In the case of child care at public expense, such term refers to payments made for the support and maintenance of a child applying for SSI.

(b) Eligibility requirements. As a condition of eligibility for public assistance, applicants for or recipients of such assistance must sign a repayment of interim assistance authorization. If an applicant for or recipient of any form of interim assistance is, or reasonably appears to be, legally blind or disabled, or has become or will become 65 years of age before the end of the following calendar month, the social services district must promptly notify him or her that, as additional conditions of eligibility or of continued eligibility, he or she or his or her authorized representative must:

(1) if a recipient, provide verification within the next 30 days that he or she has applied for SSI benefits;

(2) if an applicant, provide verification that he or she has applied for SSI benefits;

(3) cooperate with the SSI eligibility determination process; and

(4) appeal any denial of his or her SSI application and exhaust the available administrative remedies.

(c) Administrative responsibilities and procedures.

(1) If the applicant is determined to be eligible for interim assistance, the social services district must issue interim assistance for so long as eligibility continues.

(2) If a social services district which does not have an operating automated interim assistance referral procedure requires an applicant for or recipient of interim assistance to apply for SSI benefits or discovers that a recipient has applied for SSI benefits, the social services district must send within five working days of the date that an applicant is found to be eligible for interim assistance or within five working days of the date that the social services district learns that a recipient has applied for SSI benefits, a copy of the signed, valid repayment of interim assistance authorization and respective identifying information to the appropriate SSA district office. In no event may an interim assistance authorization be sent until an application for interim assistance has been approved.

(3) Upon receipt of any check or checks comprising an initial payment, the social services district must deduct therefrom the amount of interim assistance. Recovery of interim assistance cannot be made from subsequent SSI payments.

(4) Within 10 working days after receipt of a check or checks comprising an initial payment, the social services district must send the balance of the initial payment, if any, to the recipient. The social services district must notify the recipient of the following:

(i) the initial date of eligibility for SSI;

(ii) the amount of the initial payment received by the social services district;

(iii) the period of time during which interim assistance was provided, the total amount of interim assistance provided and a monthly accounting of interim assistance benefits;

(iv) the amount deducted as reimbursement of interim assistance; and

(v) the recipient's right to a fair hearing if he or she objects to the amount deducted in accordance with subparagraph (iv) of this paragraph.

(5) Social services districts must keep accurate records concerning each recipient covered by this section. These records must include the following information:

(i) the amount of the initial payment received from SSA;

(ii) the amount of interim assistance paid to the individual;

(iii) the amount of the initial payment retained;

(iv) the amount of the initial payment forwarded to the individual;

(v) the amount of the initial payment returned to SSA;

(vi) the date the initial payment was received from SSA;

(vii) the date the respective individual accounting form was received from SSA; and

(viii) the date the initial payment, or any portion thereof, was forwarded to the individual.

These records must be available for inspection by the department and by SSA.

(6) Reports concerning the payment and recovery of interim assistance and consequent reduction adjustments under Part 608 and section 621.2 of this Title must be submitted to the department as the department may require.

(7) Administrative costs incurred by a social services district in implementing this section must be borne by the district, subject to the standard reimbursement provisions of the Social Services Law and this Title.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 353.2