TDA-43-07-00004-P Change Regulatory References from “Temporary Assistance” to “Public Assistance”

10/24/07 N.Y. St. Reg. TDA-43-07-00004-P

NEW YORK STATE REGISTER

VOLUME XXIX, ISSUE 43

October 24, 2007

RULE MAKING ACTIVITIES

OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. TDA-43-07-00004-P

Change Regulatory References from “Temporary Assistance” to “Public Assistance”

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed action:

This is a consensus rule making to amend sections 352.8(b)(5), (c)(1)(ii), 352.23(d), 352.29(h)(2)(v)(a), (b), (c), (d), 387.17(d)(4) and 393.4(d)(1)(ix) of Title 18 NYCRR.

Statutory authority:

Social Services Law, sections 2(19), 20(3)(d) and 34(3)(f)

Subject:

Change regulatory references from “temporary assistance” to “public assistance.”

Purpose:

To change regulatory references from “temporary assistance” to “public assistance” in order to provide consistency between statutory terms and regulatory terms.

Text of proposed rule:

Paragraph (5) of subdivision (b) of section 352.8 is amended to read as follows:

(5) An additional allowance for each [temporary] public assistance applicant/recipient who meets the requirements of section 349.4 or section 369.4 (c) of this Title concerning temporary absences from the home and who is receiving Level 1, Level 2 or Level 3 care in a certified congregate care facility listed in paragraph (4) of this subdivision at the rates provided for care and maintenance under the Supplemental Security Income program for SSI beneficiaries residing in the same facility, less the amount of any personal needs allowance included in the SSI rate.

Subparagraph (ii) of paragraph (1) of subdivision (c) of section 352.8 is amended to read as follows:

(ii) Congregate care Level 1, Level 2 and Level 3 at the amount included in the SSI payment level as the personal needs allowance for SSI recipients residing in the particular facility. For recipients of [temporary] public assistance who are required to participate in appropriate residential rehabilitation programs pursuant to section 351.2(i) and section 370.2(c)(8)(ii) of this Title, such allowances must be made as restricted payments to the residential programs and must be conditional payments. If a [temporary] public assistance recipient required to participate in an appropriate residential rehabilitation program pursuant to section 351.2(i) and section 370.2(c)(8)(ii) of this Title leaves the program prior to completion of the program, any accumulated personal needs allowance which is held by the program on behalf of the recipient must be considered to be an overpayment and must be returned by the program to the social services district which provided the personal needs allowance. The question of whether the recipient has left the program prior to completion will be determined solely by using the guidelines and rules of the program.

Subdivision (d) of section 352.23 is amended to read as follows:

(d) In establishing local policies and procedures for the use of resources in cases of temporary need, social services districts do not have to require the assignment of property used as a home or the assignment or adjustment of life insurance. However, social services districts may establish local policies and procedures which require the assignment of property used as a home or the assignment or adjustment of life insurance as a condition of receiving public assistance[, including temporary assistance]. Temporary need means need which, at the time of application, is expected to terminate within three months.

Clauses (a), (b), (c), and (d) of subparagraph (v) of paragraph (2) of subdivision (h) of section 352.29 are amended to read as follows:

(a) to purchase an automobile that is needed to seek or retain employment or for travel to and from work activities and which is exempt from the [temporary] public assistance resource limit under section 352.23(b) of this Part; or

(b) to open a separate bank account or bank accounts that are exempt from the [temporary] public assistance resource limit under section 352.23(b) of this Part for the purpose of purchasing an automobile to seek or retain employment or for the purpose of paying tuition at a two year post-secondary educational institution; or

(c) to purchase a burial plot that is exempt from the [temporary] public assistance resource limit under section 352.23(b) of this Part; or

(d) to purchase a bona-fide funeral agreement that is exempt from the [temporary] public assistance resource limit under section 352.23(b) of this Part.

Paragraph (4) of subdivision (d) of section 387.17 is amended to read as follows:

(4) Households subject to six-month reporting rules with able bodied adults without dependent(s) (ABAWD) may be required by the social services district to report on a monthly basis changes in working hours that would affect food stamp eligibility. For a household subject to the food stamp six-month reporting rules, the social services district must act on reported changes that affect food stamp eligibility and benefit amounts only if the information is:

(i) that the total monthly household income exceeds 130 percent of poverty;

(ii) verified upon receipt;

(iii) reported on the food stamp periodic report;

(iv) reported at recertification;

(v) reported pursuant to [temporary] public assistance reporting requirements and the action is taken on the [temporary] public assistance budget. However, if a household in receipt of [temporary] public assistance and food stamps fails to submit a [temporary] public assistance quarterly report, no action for discontinuance of food stamps for failure to submit the report can be taken;

(vi) voluntarily reported and verified and the information increases the food stamp benefit;

(vii) that a household requests to have its food stamp case closed; or

(viii) that a household member does not meet ABAWD requirements.

For households in receipt of [temporary] public assistance and food stamps subject to the six-month reporting rules, workers in the social services districts must not act on, or compute food stamp overpayment amounts for, change reports other than those listed in the subparagraphs of this paragraph.

Subparagraph (ix) of paragraph (1) of subdivision (d) of section 393.4 is amended to read as follows:

(ix) has no liquid resources to ameliorate the emergency except that households otherwise eligible for replacement of essential heating equipment may have available liquid resources not exceeding $3,000 per household. The following resources are exempt: amounts designated for an allowable current monthly living expense such as food, shelter, employment-related expenses, and other necessary and essential living expenses; money earmarked for payment of current year's property and/or school taxes for the applicant's primary residence; one burial plot per household member; one written pre-arranged burial agreement with a cash value not exceeding $1,500 per household member; accounts, such as plan for achieving self support (PASS) accounts, designated by the Social Security Administration as exempt from SSI resource limits; real and personal property; equipment; automobiles and other vehicles; household furnishings; livestock; Agent Orange payments; Nazi restitution payments; Attica settlement payments; college grants; earned income tax credit (EITC) payments; loans; credit cards or advances from credit cards; individual development accounts for [temporary] public assistance recipients; and payments for reverse annuity mortgages. All available liquid resources must be used to help ameliorate the emergency. However, emergency HEAP cannot be denied if available liquid resources are not sufficient to completely resolve the emergency situation; and

Text of proposed rule and any required statements and analyses may be obtained from:

Jeanine Stander Behuniak, Office of Temporary and Disability Assistance, 40 N. Pearl St., 16C, Albany, NY 12243-0001, [phone], e-mail: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

Consensus Rule Making Determination

The Office of Temporary and Disability Assistance (OTDA) is proposing a rule to amend various sections of 18 NYCRR to change regulatory references from “temporary assistance” to “public assistance”. OTDA has determined that no person is likely to object to the adoption of the proposed rule as written.

This proposed rule is necessary to conform the State regulations to the Social Services Law. Section 2(19) of the Social Services Law defines the term “public assistance” as referring to family assistance, safety net assistance and veteran assistance. The Social Services Law does not provide a definition for the term “temporary assistance”. Thus to provide consistency between statutory terms and regulatory terms, references in the State regulations to “temporary assistance” should be replaced with “public assistance”.

This proposed rule is also necessary to provide uniformity within the State regulations themselves. Section 350.1(d) of 18 NYCRR defines the term “public assistance” as referring to family assistance, safety net assistance and veteran assistance. The State regulations do not provide a definition for the term “temporary assistance”. Thus to provide uniformity within the State regulations, the regulatory references to “temporary assistance” should be replaced with “public assistance”. This proposed change will help eliminate any confusion and make the regulations more comprehensible to applicants for and recipients of public assistance.

It is expected that no person will object to the proposed amendments contained in this consensus rule since the rule is consistent with State law and renders the regulations in 18 NYCRR more comprehensible to the public.

Job Impact Statement

A job impact statement has not been prepared for the proposed regulatory amendments. It is evident from the technical nature of the amendments that the jobs of the workers applying the regulations impacted by the proposed amendments will not be affected in any real way. Thus, the changes will not have any impact on jobs and employment opportunities in the State.