351.8 Decision on initial eligibility and payment of assistance grants.
(a) Decision on initial eligibility is the conclusion or determination
reached at any point in the application process. Such decision, as approved on supervisory
review, shall constitute the decision of the social services official. The decision shall
be one of the following:
(1) Accepted for assistance. This means that
eligibility has been fully established through investigation or that emergency need and
presumptive eligibility has been established and authorization for assistance has been
made and approved by the social services official.
(2) Not accepted for assistance. Applications
are denied and not accepted for assistance when:
(i) In the course of
the application interview the information given by the applicant establishes, without the
need for further investigation, that he is ineligible.
(ii) Ineligibility is
determined in the course of or upon completion of the investigation, or if the applicant
refuses to comply with any requirement essential to the determination of eligibility.
(3) Terminations without decision. No decision
is required when:
(i) an application is
withdrawn by the applicant; or
(ii) the social
services official documents that the applicant has died, cannot be located, or has left
the district prior to the completion of the investigation.
(b) The decision to accept or deny the application must be made within
30 days from the date of application for Aid to Dependent Children (ADC) and within 45
days from the date of application for Home Relief (HR), except where the applicant
requests additional time or where difficulties in verification lead to an unusual delay,
or for other reasons beyond the social services official's control. The applicant must be
notified in writing of the decision in accordance with department regulations. The reason
for the delay in deciding whether to accept or deny any application for ADC or HR must be
recorded in the case record and communicated to the applicant. The applicant must be
notified of the availability of assistance to meet emergency circumstances or to prevent
eviction.
(c) (1) When eligibility has been established, the application shall be
accepted for assistance pending the development of potential resources, i.e., support from
relatives, adjustment of insurance, or eligibility for benefits. It shall be the
responsibility of the social services official to fully explore and develop all such
resources.
(2) The amount of the initial grant of
regularly recurring financial assistance for ADC must be computed starting with the date
of establishment of eligibility or the 30th day after the date of application, whichever
is earlier. The amount of the initial grant of regularly recurring financial assistance
for HR must be computed starting with the 45th day after the date of application. In
determining the amount of the initial grant, the monthly budget deficit must be prorated
to reflect the number of days in the month in which there was initial coverage. Paid rent
must be treated as income for purposes of determining the monthly budget deficit under
this paragraph, except when such rent is paid using income already being budgeted. This
paragraph will not be construed as limiting the obligation of the agency to make payments
pursuant to subsequent paragraphs of this subdivision.
(3) For ADC cases, the first payment must be
authorized no later than 30 days from the date of application. State reimbursement will
not be made for payments made to HR recipients for periods prior to 45 days from the date
of application unless such payments are required to meet emergency circumstances or to
prevent eviction. Emergency circumstances include situations in which the applicant or the
applicant's household has no food and is not eligible for food stamps; has not shelter;
has no fuel for heating during the cold weather period; has a utility disconnect notice
and utilities have been scheduled to be disconnected within 72 hours of receipt of such
notice, or utilities have been disconnected; or lacks items necessary to meet the health
and safety needs of the applicant or the applicant's household, and there are not
resources, including family and community resources, available to meet the emergency
circumstances. Notwithstanding any other provisions of this Title, social services
districts are not required to provide HR to any person otherwise eligible if state
reimbursement is not available in accordance with the provisions of the Social Services
Law.
(4) When eligibility has not been established
but immediate need is determined to exist, an emergency or predetermination grant of
assistance shall be made in accordance with department regulations.
(5) (i) A child who is born to a recipient of
public assistance is eligible for such assistance from the date of his/her birth, provided
verification of the birth is received by the appropriate social services official:
(a) within six months of the birth of the child; or
(b) by the recipient's first scheduled recertification interview after the birth of the
child; whichever is later.
(ii) The failure to
present verification of a child's birth to a social services official in accordance with
the provisions of subparagraph (i) of this paragraph will result in such child becoming
eligible for public assistance beginning on the date that verification of the birth is
provided to such official.