372.2 Eligibility.
(a) Emergency assistance must be provided immediately by a social
services district to or on behalf of a needy child under the age of 18 or a needy child
under the age of 19 who is a full time student regularly attending a secondary school or
in the equivalent level of vocational or technical training and any other member of the
household in which he or she is living if the conditions set forth in section 372.1 of
this Part are met, and in addition:
(1) the child is living with an adult by blood,
marriage or adoption;
(2) the child is without available income or
resources immediately accessible to meet his or her needs and those needs cannot be met
underPart 352 of this Title by an advance allowance and the household's available income
on the date of application is at or below 200 percent of the current federal poverty level
as defined and annually revised by the United States Department of Health and Human
Services under the authority of 42 U.S.C. 9902(2) for that household size, or the
household is financially eligible to receive public assistance in accordance with Part 352
of this Title or, for households in receipt of child protective, child preventive or other
child welfare services, at least one member of the household is in receipt of public
assistance or Supplemental Security Income (for purposes of determining eligibility for
assistance pursuant to this section, the annually revised poverty lines are effective
April 1st through March 31st of each State fiscal year);
(3) emergency assistance is necessary to avoid
destitution of the child or to provide living arrangements for him or her in a home;
(4) the occurrence or situation giving rise to
the need for emergency assaistance could not have been foreseen by the applicant and was
not under his or her control.
(5) the child's destitution or need for living
arrangements did not arise because the child or a relative with wehom he or she lives
refused without good cause to accept employment or training for employment; and
(6) for a recipient of public assistance, such
destitution did not arise from the mismanagement of a public assistance grant, or the
emergency grant being applied for will not replace or duplicate a public assistance grant
already made under Part 352 of this Title. This section does not prohibit the issuing of
EAF to replace a lost or stolen public assistance grant.
(b) The availability of such emergency assistance does not relieve a
town social services official in districts with a county-town form of administration from
providing safety net assistance and care as may be necessary in emergency situations
pursuant to subdivision 3 of section 67 of the Social Services Law.
(c) Assistance provided under this Part must not duplicate public
assistance for which a person is eligible or would be eligible but for a sanction for
vioations of the requirements of Part 388 of this Title or other requirements of State law
or regulations.