N.Y. Comp. Codes R. & Regs. tit. 18 § 634.1

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

Section 634.1 - Suspension of local district financial responsibility for additional State payments made to recipients of supplemental security income (SSI) benefits

(a)

(1) No claims for reimbursement for expenditures made under the SSI program or expenditures for additional State payments made to recipients of SSI shall be submitted to the department, except when specifically directed to do so by the department. The department will not permit or direct such claims to be submitted or charges to be paid in contravention of subdivision 3 of section 212 of the Social Services Law.

(2) Reimbursement for expenditures made under the SSI program or the assistance to the aged, blind and disabled program (AABD). Expenditures for assistance provided under the AABD program prior to January 1, 1974, expenditures for additional State payments made to recipients of SSI for months prior to July 1978, and any other expenditures for SSI or other recipients arising out of any State agreement with Federal authorities in relation to the SSI program shall be charged, claimed or reported for reimbursement, payment or credit on schedules and formats prescribed by the department and in accordance with instructions of the department. No charges or claims for reimbursement for SSI or AABD payments shall be submitted to, or considered by, the department if reimbursement for such expenditures could be claimed in whole or in part as expenditures for which reimbursement is available with Federal participation or if amounts for which reimbursement is available with Federal participation or if amounts for which reimbursement is claimed have not been expended or disbursed by the district or if such amounts should more appropriately be claimed as expenditures reimbursed under another program or activity for which reimbursement may not be claimed from the department.

(b) Expenditures made or incurred by social services districts for AABD prior to January 1, 1974, additional State payments provided to recipients of SSI for months prior to July 1978, and any other financial assistance provided to SSI recipients arising out of any agreement with the Federal government in relation to the SSI program shall be subject to reimbursement by the State or repayment to the State as follows:

(1) No amounts may be claimed or charged for additional State payments provided to SSI recipients for months after June 1978, for which responsibility for such payments has been fully assumed by the State, provided that a social services district comprising a city may make such claims or be subject to such charges for months prior to October 1978.

(2) If there is in effect an agreement for the Federal administration of additional State payments as authorized by section 211 of the Social Services Law, each local district shall be responsible for making payments to the State, except when responsibility for such payments has been assumed by the State, in accordance with the provisions of section 212 of the Social Services Law.

(3) If there is no agreement for Federal administration of additional State payments, the social services districts shall be responsible for the administration of the State's program of additional State payments subject to reimbursement by the State in an amount equal to one half of the cost of such administration.

(4) If any amounts have been expended as interim or emergency assistance for which a recipient receives SSI or additional State payments, such amounts of interim or emergency assistance shall be recovered and repaid or credited to the State in accordance with instructions or directions of the department.

(5) Any amounts of AABD expenditures recovered by a district shall be reported and repaid or credited to the State in accordance with instructions or directions of the department.

(6) No amounts shall be claimed from the State, except as interim assistance in accordance with directions of the department, for any amounts for which the recipients were not eligible, for which the recipient received SSI payments with 100 percent Federal financial participation or for which the recipient received, or could have received, any assistance, payments or amounts from any other source in lieu of State reimbursed assistance.

(7) Any other expenditures, payments or credits claimed or reported pursuant to this Part shall be claimed, paid or reported in accordance with instructions and directions of the department.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 634.1