Графични страници
PDF файл
ePub

is

a

are

as

ex

appropriate where such requirement will have a negative impact upon the health, safety or welfare of such child or other individuals in the household or impair the likelihood of the child returning to his or her family when discharged from foster care or, (iii) home relief pursuant to title three of article five of this chapter. Notwithstanding any inconsistent provisions of title six of this article or any other

provisions of law, the department may enforce such assigned support rights either directly, through social services officials or, if there in effect an approved agreement between the social services official and another governmental agency, through such other agency. In any proceeding to enforce such assignment, the official bringing such proceeding shall have the same rights as if the proceeding were being brought to enforce section four hundred fifteen of the family court act.

§ 123. Paragraph (i) of subdivision 4 of section 111-b of the social services law, as added by chapter 516 of the laws of 1977, is amended to read as follows:

(i) the action taken to carry out the provisions of sections one hundred fifty-eight, three hundred forty-nine-b, three hundred fifty-two and three hundred fifty-two-a of this chapter;

§ 124. Paragraphs and b of subdivision 2 of section 111-c of the social services law, as added by chapter 685 of the laws of 1975, amended to read as follows:

a. obtain assignments to the state and to such district of support rights of each applicant for or recipient of aid to dependent children or home relief required to execute such an assignment as a condition of receiving assistance;

b. report to the state all recipients of aid to dependent children or home relief with respect to whom a parent has been reported absent from the household; § 125. Subdivision 8

of section 153 of the social services law, as amended by chapter 555 of the laws of 1978, is amended to read follows:

Any inconsistent provision of the law or regulation of the department notwithstanding, state reimbursement shall not be made for any penditure made for the duplication of any grant and allowance for any period, except as authorized by subdivision (twelve] eleven of section one hundred thirty-one of this chapter, or for any home relief payment made for periods prior to forty-five days after the filing of an application unless the district determines pursuant to department regulations that such assistance is required to meet emergency circumstances or predent eviction. Notwithstanding any other provision of law, social services districts are not required to provide home relief to any person, otherwise eligible, if state reimbursement is not available in accordance with this subdivision.

§ 126. Section 158 of the social services law is amended by adding a new subdivision (c) to read as follows:

(c) Social services officials shall determine eligibility for home relief within forty-five days of receiving application for

home relief. Such officials shall notify applicants of home relief about the availability of assistance to meet emergency circumstances or to prevent eviction.

§ 127. Section 158 of the social services law is amended by adding two new subdivisions (d) and (e) to read as follows:

(d) Application for or receipt of home relief shall operate as an assignment to the state and the social services district concerned of any rights to support from any other person as such applicant or recipient bay have on their own behalf or on behalf of any other family member for whom the applicant or recipient is applying for or receiving assistance, Applicants for or recipients of home relief shall be informed that such application for

or

receipt of such benefits will constitute such an assignment. Such assignment shall terminate with respect to current support rights upon a determination by the social services district that such person is no longer eligible for home relief, except with respect to the amount of any unpaid support obligation that has accrued.

(e) In addition to other eligibility requirements, each person who is applying for or receiving assistance under this title, and who is otherkise

eligible for assistance under this title, shall be required, as a further condition of eligibility for such assistance: EXPLANATION—Matter in italics is new; matter in brackets [ ] is old law

to be omitted.

an

or

or

[ocr errors]

or

can

(i) to assign to the state and the social services district any rights to support such person may have either on his own behalf or on behalf of any other family member for whom he is applying for or receiving aid; and

(ii) to cooperate with the state and the social services official, in accordance with standards established by regulations of the department consistent with federal law and regulations, in establishing the paternity of a child born out-of-wedlock for whom assistance under this title is being applied for or received, in their efforts to locate any absent parent and in obtaining support payments any

other payments property due such person and due each child for whom assistance under this title is being applied for or received, except that an applicant or recipient shall not be required to cooperate in such efforts in cases in which the social services official has determined, in accordance with criteria, including the best interests of the child, as established by regulations of the department consistent with federal law and regulations, that such applicant or recipient has good cause to refuse to cooperate. Each social services district shall inform applicants for and recipients of home relief required to cooperate with the state and local social services officials pursuant to the provisions of this paragraph, that where & proceeding to establish paternity has been filed, and the allegation of paternity has been denied by the respondent, there shall be à stay of all paternity proceedings and related social services district proceedings until sixty days after the birth of the child. Such applicants and recipients shall also be informed that public assistance and care shall not be denied during a stay on the basis of refusal to cooperate pursuant to the provisions of this paragraph,

$ 128. Subdivision 1 of section 131-s of the social services law, as added by chapter 895 of the laws of 1981 and redesignated by chapter 230 of the laws of 1982, is amended to read as follows:

1. In the case of a person applying for public assistance, supplemental security income benefits or additional state payments pursuant to this chapter, the social services official of the social services district in which such person resides shall, unless alternative payment living arrangements be made, make a payment to a gas corporation, electric corporation or municipality for services provided to such per son during a period of up to, but not exceeding, four months immediately preceding the month of application for such assistance or benefits

if such payment

is needed to prevent shut-off or to restore service. Persons whose household income exceeds the public assistance standard of need for the same size household must sign a repayment agreement to repay the assistance within one year of the date of payment as a condition of receiving assistance, in accordance with regulations established by the department. Such repayment agreement may be enforced in any man

available to a creditor, in addition to any rights the district may have pursuant to this chapter.

§ 129. The social services law is amended by adding a new section 131-w to read as follows:

§ 131-w. Limitations in the payment of rent arrears. Districts shall not provide assistance to pay rent arrears, property taxes mortgage arrears for persons not eligible for home relief, aid to dependent children, emergency assistance to needy families with children or

emergency assistance for aged, blind and disabled persons, except to persons who are without income resources iminediately, available

to

meet the emergency need, whose gross household income does not exceed one hundred twenty-five percent of the federal income official poverty line and who sign a repayment agreement agreeing to repay the assistance in a period not to exceed twelve months. The districts shall enforce the repayment agreements by any legal method available to a creditor, in addition to any rights it has pursuant to this chapter. The department shall promul gate regulations to implement this section which shall, anong other things, establish standards for the contents of repayment agreements and establish standards to

that assistance is provided only in emergency circumstances.

S 130. The social services law is amended by adding a new section 134-b to read as follows:

§ 134-b. Front end detection system. In accordance with regulations promulgated by the department, each social services district shall tablish procedures to identify, investigate and resolve potential cases of fraud, misrepresentation or inadequate documentation prior to deter mining an applicant's eligibility for public assistance. Such procedures shall not delay the determination of eligibility for assistance beyond

ner

or

or

ensure

es

[ocr errors]

or

un

a

are

the timeframes established in law or regulation for such determination, including emergency assistance. Each social services district shall subeit to the department a plan describing such procedures in such form and at such times as the department may, require. Such department regulations shall include, but not be limited to, standards governing referrals by the district to its fraud detection unit, and shall set forth indicator's to be used, in part, to govern such referrals based on the individual's employability, employment history, or prior incidence of overpayments attributable to client conduct.

§ 131. The social services law is amended by adding a new section 145-C to read as follows:

145-c. Sanctions. 1. Any person who, individually or as a member of a family, applies for or receives aid under the plan for aid to dependent children submitted for federal approval in accordance with the provisions of section three hundred fifty-eight of this chapter is found by a federal, state or local criminal, civil or other court or pursuant to an administrative hearing held in accordance with the regulations of the department, on the basis of a plea of guilty or nolo contendere or otherwise, intentionally to have (a) made a false or misleading stateDent misrepresented, concealed, or withheld facts, or (b) committed any act intended to mislead, misrepresent, conceal, or withhold facts or propound a falsity, for the purpose of establishing or maintaining the eligibility of the individual or of the individual's family for aid der such state plan or of increasing (or preventing a reduction in) the amount of such aid, then the needs of such individual shall not be taken into account in determining his or her need or that of his or her family pursuant to section one hundred thirty-one-a of this chapter (i) for period of six months upon the first occasion of any such offense, (ii) for a period of twelve months upon the second occasion of any such offense, and (iii) permanently upon the third or a subsequent occasion of any such offense. Any period for which sanctions imposed shall remain in effect, without possibility of administrative stay, unless and until the finding upon which the sanctions were imposed is subsequently reversed by a court of appropriate jurisdiction, but in no event shall the duration of the period for which such sanctions are imposed be subject to review. The sanctions shall be in addition to, and not in substitution for, any other sanctions which may be provided for by law with respect to the offenses involved, except that the social services official or court official assessing penalties against a recipient for act of fraud or misrepresentation described in this subdivision may consider whether to impose such penalties based upon the existence of the penalties described herein.

2. Notwithstanding any inconsistent provision of law, if a person who, individually or as a member of a family, applies for receives home relief (including veteran assistance is found by a federal, state or local criminal, civil or other court or pursuant to

administrative hearing held

in

accordance with the regulations of the department, on the basis of a plea of guilty or nolo contendere otherwise, intentionally to have (a) made a false or misleading statement or misrepresented, concealed, or withheld facts, or (b) committed any act intended to mislead, misrepresent, conceal, withhold facts or propound a falsity, for the purpose of establishing or maintaining his or her eligibility the eligibility of the individual's family for aid or assistance or of increasing (or preventing a reduction in) the amount of such aid or assistance, then the needs of such individual shall not be taken into account in determining his or her need or that of his or her family pursuant to section one hundred thirty-one-a of this chapter for purposes of determining eligibility or amount of benefits in the program of home relief (incłuding veteran assistance) (i) for a period of six ponths upon the first occasion of any such offense, (ii) for a period of twelve months upon the second occasion of any such offense, and (iii) for periods of six months times the number of any such offenses upon the third or a subsequent occasion of any such offense. Any period for which sanctions are imposed shall remain in effect, without possibility of adsinistrative stay, unless and until the finding upon which the sanctions rere imposed is subsequently reversed by a court of appropriate

jurisdiction; but in no event shall the duration of the period for which such sanctions are imposed be subject to review. The sanctions shall be in addition to, and not in substitution for, any other sanctions which may EXPLANATION-Matter in italics is new; matter in brackets [] is old law

to be omitted.

an

or

an

or

or

or

3

are

as

[ocr errors]

on

a

to

on

[ocr errors]

be provided for by law with respect to the offenses involved, except that the social services official or court official assessing penalties against a recipient for an act of fraud or misrepresentation described in this subdivision may consider whether to impose such penalties based upon the existence of the penalties described herein.

3. For purposes of determining the length of any sanction period to be imposed pursuant to subdivision two of this section, offenses subject to subdivision one of this section shall be considered to be offenses subject to subdivision two, provided however, that persons whose needs permanently excluded from consideration under clause (iii) of subdivision one of this section may receive home relief (including veteran sistance) after the appropriate sanction period provided for in subdivision two of this section has expired in an amount not to exceed the amount of aid to dependent children which would have been payable with respect to such person but for the person's permanent exclusion from the aid to dependent children program.

4. No individual shall be sanctioned pursuant to this section on the basis of a conviction in a state or federal court if that conviction is based

plea of guilty unless the individual was advised on the record of the disqualification provisions contained in this section prior

to the entry of the plea. An individual not so advised may, however, be subject to an administrative disqualification hearing pursuant this section

the same set of facts as the court proceeding, provided that neither the conviction itself nor the records of the court proceeding be used in any manner in the administrative disqualification hearing, nor may the department or a social services district, any person acting on behalf of the department or a social services district or any witness presented by the department or a social services district, disclose the existence of the court proceeding in any manner to the hearing officer. This subdivision shall be ineffective if it is determined, after the department has exhausted all its administrative appeals, that its application prevents the department from receiving enhanced federal reimbursement' for fraud control pursuant to sections four hundred three and four hundred sixteen of the social security act.

5. To the extent that the application of this subdivision does not preclude receipt by the department of enhanced federal reimbursement for fraud control pursuant to section four hundred three and section four hundred sixteen of the social security act, the commissioner shall establish procedures to help ensure the efficient use of resources available for fraud control by targeting circumstances when such activity is cost effective.

§ 132. Paragraph (b) of subdivision 1 of section 143-c of the social services law, as added by chapter 851 of the laws of 1972, is amended to read as follows:

(b) By depositing money in an escrow account, not under the control of the landlord or his agent, subject to the terms and conditions of an agreement between the landlord and the social services official in such form as the department may require or approve provided, however, that this option shall not be used in instances where recipients reside in public housing.

§ 133. Subdivision 3 of section 143-c of the social services law, as amended by chapter 165 of the laws of 1991, is amended to read as follows:

3. When, however, in the judgment of a social services official housing accommodations available in a particular area are insufficient to properly accommodate recipients, of public assistance in need of housing, and in order to secure such housing it is essential that he pay money

to landlords to be held as security deposits against the nonpayment of rent or for damages by public assistance, recipients, or to issue grants to recipients of public assistance therefor, such social services official may pay or furnish funds for such security deposits until sufficient housing accommodations are available in the particular area to properly accommodate recipients of public assistance in need of housing. Social services officials shall not pay or furnish such funds in instances where recipients reside in public housing. Landlords receiving such security deposits shall comply with the provisions of article seven of the general obligations law. Such cash security deposits shall be subject to assignment to the local social services official by the recipients of public assistance or care. Any social services official paying or furnishing, funds for security deposits in accordance with the provisions of this subdivision shall make diligent effort to recover such' payments or funds from a recipient landlord as allowed by law.

[ocr errors]

or

SO

if any,

§ 134. Section 159 of the social services law, as amended by chapter 77 of the laws of 1977, is amended to read as follows:

§ 159. Character. Except as hereinafter otherwise prescribed, home relief shall be granted in cash provided, however, that where the granting of cash may be deemed inappropriate by the social services district because of an inability to manage funds, or because less expensive more easily controlled alternative methods of payment are available, or in the case of vendor payments to landlords made for individuals residing in public housing or for similar other reasons as established by department regulations, or where an individual has requested, home relief may be granted in whole or in part by restricted payment.

§ 135. Section 158 of the social services law is amended by adding a new subdivision (f) to read as follows:

(f) Notwithstanding any other provision of law, the home relief payment for any person who applied for home relief benefits within six months of establishing residency in the state, shall, for the first six Donths after establishing residency, be limited to the greater of: (i) eighty percent of the ḥome relief grant set forth in section one hundred thirty-one-a of this chapter, or (ii) the standard of payment, that would apply to the applicant under the laws of the state, if any, in which he or she resided immediately prior to establishing residency in this state, provided that in no event shall such amount be greater than one hundred percent of the home relief grant set forth in section one hundred thirty-one-a of this chapter. For the purposes of this section, the standard of payment which would be available under the laws of another state shall refer to a schedule of comparative grants to be promulgated biennially. Such schedule shall set forth, for any state which financially participates in or mandates å program of assistance generally available to needy persons meeting specified income and resource requirements, the amount of that state's maximum standard of payment, if any, for each household size. This subdivision shall not apply to any person entitled to federally funded refugee cash assistance under Title IV of the Immigration and Nationality Act.

§ 136. Subdivisions 2, 4, 5 and 6 of section 158-b of the social services law, as added by chapter 77 of the laws of 1989, amended to read as follows:

2. An employable applicant or recipient of home relief who has been determined to be job ready pursuant to the provisions of subdivision one of this section shall participate in job search activities for a period of [sixty] ninety days and shall make a good faith and reasonable effort to obtain employment unless such individual is currently participating in another employment, training or educational activity approved by a social services official. Job search activities may include interviewing techniques and identification of prospective employers but shall include a minimum number of contacts with prospective employers as set forth in department regulations which in no event shall be less than three contacts each week with prospective employers provided, however, a participant may not count the contact of the same employer more than once in four week period unless such additional contact has been initiated or required by an employer. In determining the frequency of employer contacts, the department shall consider factors including, but not limited to, accessibility and availability of public transportation and circumstances of extraordinary hardship"The participant shall comply with reasonable procedures required by a local social services district to insure verification of employment contacts provided such procedures have not been disapproved by the department upon notice thereof.

4. A social services district shall review the job readiness of an individual who is subject to the provisions of this section and who has not obtained employment at the end of sixty days after participation in job search activities assigned pursuant to this section. Additionally,

the end of such sixty day period, the social services district shall conduct a minimum of thirty days of supervised job search activities pursuant to the requirements of department regulations.

5. An employable recipient of home relief who has actively engaged in job search activities but remains unemployed after [sixty] ninety days may be assigned by a social services official for up to an additional (sixty) ninety day period to job search activities conducted in confornity with the reg ements of this section or, the participant may be EXPLANATION—Matter in italics is new; matter in brackets [ ] is old law

to be omitted.

are

а

at

« ПредишнаНапред »