N.Y. Comp. Codes R. & Regs. tit. 18 § 372.2

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

Section 372.2 - Eligibility

(a) Emergency assistance must be provided immediately by a social services district to or on behalf of a needy child under the age of 18 or a needy child under the age of 19 who is a full-time student regularly attending a secondary school or in the equivalent level of vocational or technical training and any other member of the household in which he or she is living if the conditions set forth in section 372.1 of this Part are met, and in addition:

(1) the child is living with an adult related by blood, marriage or adoption;

(2) the child is without available income or resources immediately accessible to meet his or her needs and those needs cannot be met under Part 352 of this Title by an advance allowance and the household's available income on the date of application is at or below 200 percent of the current Federal poverty level 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) for that household size, or the household is financially eligible to receive public assistance in accordance with Part 352 of this Title or, for households in receipt of child protective, child preventive or other child welfare services, at least one member of the household is in receipt of public assistance or supplemental security income (for purposes of determining eligibility for assistance pursuant to this section, the annually revised poverty lines are effective April 1st through March 31st of each State fiscal year);

(3) emergency assistance is necessary to avoid destitution of the child or to provide living arrangements for him or her in a home;

(4) the occurrence or situation giving rise to the need for emergency assistance could not have been foreseen by the applicant and was not under his or her control;

(5) the child's destitution or need for living arrangements did not arise because the child or a relative with whom he or she lives refused without good cause to accept employment or training for employment; and

(6) for a recipient of public assistance, such destitution did not arise from the mismanagement of a public assistance grant, or the emergency grant being applied for will not replace or duplicate a public assistance grant already made under Part 352 of this Title. This section does not prohibit the issuing of EAF to replace a lost or stolen public assistance grant.

(b) The availability of such emergency assistance does not relieve a town social services official in districts with a county-town form of administration from providing safety net assistance and care as may be necessary in emergency situations pursuant to subdivision 3 of section 67 of the Social Services Law.

(c) Assistance provided under this Part must not duplicate public assistance for which a person is eligible or would be eligible but for a sanction for violations of the requirements of Part 385 of this Title or other requirements of State law or regulations.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 372.2