351.9 Concurrent benefits prohibited.
(a) Definitions. For purposes of this section:
(1) Benefits means public assistance grants or
any other grants or benefits provided in accordance with the Social Services Law or in
accordance with other provisions of this Title. Such benefits include home relief, aid to
dependent children or other public assistance cash grants which are provided to cover
basic needs.
(2) Concurrent benefits means benefits paid
from a public assistance program more than once or from more than one public assistance
program, or any other programs or activities for which the department is responsible,
which are provided during the same time period to meet the same needs of the same
individual. Medical assistance, energy assistance, food stamp assistance or other
assistance provided to individuals who have been determined to be eligible for a public
assistance cash grant will not be considered concurrent benefits. Aid to dependent
children may be considered concurrent benefits when provided to meet the needs of home
relief recipients; medical assistance based upon eligibility for home relief may be
considered concurrent benefits when provided to meet the needs of recipients of federally
funded aid to dependent children.
(3) Individual includes a public assistance
recipient or a recipient of benefits from any other programs or activities for which the
the department is responsible, any legally responsible relative of such recipient and any
other adult payee for such recipient.
(b) No individual may receive concurrent benefits unless a social
services official, in accordance with the policies or directions of the department,
specifically has determined that such duplication of benefits is necessary and appropriate
due to specific case circumstances which are stated in the case record.
(c) If a social services official learns that an individual is applying
improperly for or receiving benefits when such individual is also receiving, or has been
approved to receive, concurrent benefits in that social services district, or in another
social services district, state, territory or commonwealth, then the social services
official must deny the benefits for which the individual, legally responsible relative or
payee is applying, or must discontinue any concurrent benefits being provided for such
individual.
(d) A determination that an individual is receiving or applying for
concurrent benefits must be based on information which establishes with reasonable
certainty that the same individual is receiving or applying for assistance to meet the
same needs in the same or separate subdivisions of that social services district, or in
another social services district, state, territory or commonwealth. Information used to
identify an individual with reasonable certainty includes, but is not limited to:
(1) finger images;
(2) photographic images;
(3) official identification documents; and
(4) governmental or public records containing
verifiable biological or demographic information unique to particular individuals.
(e) A social services official discovering or investigating the
application for or receipt of concurrent benefits must notify any other social services
entity which has authorized payment for benefits which are concurrent and inform such
social services entity of the existence of the concurrent cases and of the action that the
referring social services official has taken or plans to take. A social services official
that has been notified that concurrent benefits are being claimed or paid, must, after an
investigation, take any necessary action to assure that only appropriate social services
benefits are being provided to any individual identified as receiving concurrent benefits.
(f) Subject to the provisions of sections 358- 3.3(g),
358-3.6(a)(2)(vi) and 358-3.6(c)(2)(iii) of this Title, individuals whose benefits are
being discontinued are entitled to aid continuing as defined in section 358-2.5 of this
Title for only one open case in the State during the time period in which concurrent
benefits are denied or terminated. Social services officials must make determinations to
discontinue or deny benefits to individuals applying for or receiving concurrent benefits
by issuing, to the extent permitted by Part 358 of this Title, only adequate notices that
do not afford to such individuals any right to receive aid continuing as defined in
section 358-2.5 of this Title for more than one open case at one time in the State.