Section 366.5 Need standards and allowances.
(a) The amount of the child assistance benefit shall be established by
the Department, subject to the approval of the Director of the Budget. The maximum benefit
a CAP household must receive is dependent upon the number of children participating in CAP
and the district in which the family is residing. Districts are separated into three
different categories: Category A, Category B and Category C. The maximum benefits and
districts which comprise each category are:
Maximum Monthly CAP
Benefits
Number of
CAP Children Category A Category B
Category C
1
$390 $350
$280
2
$483
$443
$373
3
$576
$536
$466
4
$670
$630
$560
5
$763
$723
$653
6
$856
$816
$746
7
$950
$910
$840
The districts in each category are:
Category A districts
Nassau, Rockland, Suffolk and Westchester.
Category B districts
Broome, Delaware, Dutchess, Genesee, Jefferson, Monroe, New York City,
Onondaga, Ontario, Orange, Orleans, Otsego, Putnam, Seneca, Sullivan, Tioga, Tompkins,
Ulster, Warren and Wayne.
Category C districts
Albany, Allegany, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango,
Clinton, Columbia, Cortland, Erie, Essex, Franklin, Fulton, Greene, Hamilton, Herkimer,
Lewis, Livingston, Madison, Montgomery, Niagara, Oneida, Oswego, Rensselaer, St. Lawrence,
Saratoga, Schenectady, Schoharie, Schuyler, Steuben, Washington, Wyoming and Yates.
(b) The department may develop a benefit methodology which will provide
for the periodic adjustment of the benefit level to reflect changes in maximum monthly
grants and allowances in the FA program. Under the methodology the Department has
developed, the earned and unearned income of a CAP household is applied against the
maximum CAP benefit as described in subdivision (a) of this section to determine
eligibility and benefit amount.
(c) Unearned income of a CAP household is fully applied against the
maximum benefit when determining eligibility and benefit.
(d) Earned income of a CAP household is applied against the maximum
benefit after first disregarding a percentage of the earnings. When more than one CAP
filing unit member has earned income, the amount of earned income must be combined before
disregarding a percentage of the earnings. The percentage of earnings disregarded is 90 %
up to the 1989 monthly poverty level of the CAP household and 33 % above the 1989 monthly
poverty level of the CAP household.
(e) Child assistance payments when combined with earnings from
full-time employment must result in a family of three having income at or above the
poverty level for nineteen hundred eighty-seven.