Part 349 - GENERAL PROVISIONS

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Statutory Authority: 
Social Services Law, Sections 20, 29, 34, 131, 131-k, 355

Section 349.1 - Assistance to Cuban refugees.

Section 349.1 Assistance to Cuban refugees. All provisions applicable generally to the public assistance programs shall be applicable to the Cuban refugee program. In addition, assistance under this program shall be granted only to eligible Cuban refugees as defined by Federal regulations.

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Section 349.2 - Assistance for United States citizens returned from foreign

349.2 Assistance for United States citizens returned from foreign countries. All provisions applicable generally to the public assistance programs shall be applicable to the program of assistance for United States citizens returned from foreign countries.

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Section 349.3 - Citizenship and Alien Status.

349.3 Citizenship and Alien Status.

(a) Definitions.

(1) a "qualified alien" is:

(i) a refugee admitted under Section 207 of the Immigration and Nationality Act;

(ii) an asylee granted asylum under Section 208 of the Immigration and Nationality Act;

(iii) a person whose deportation was withheld under Section 241(b) or 243(h) of the Immigration and Nationality Act;

(iv) a Cuban and Haitian entrant (as defined in section 501 (e) of the Refugee Education Assistance Act of 1980);

(v) an alien admitted into the United States as an Amerasian immigrant as described in Section 402(a)(2)(A)(i)(V) of the Personal Responsibility and Work Opportunity Act of 1996 (8 U.S.C. 1612(a)(2)(A));

(vi) a person lawfully admitted for permanent residence in the United States;

(vii) a person paroled into the United States under Section 212(d)(5) of the Immigration and Nationality Act for a period of at least one year;

(viii) a person granted conditional entry into the United States under Section 203(a)(7) of the Immigration and Nationality Act; and

(ix) a battered spouse and dependents meeting the criteria of Section 431(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.

(2) A "specially qualified alien" is:

(i) a refugee admitted under Section 207 of the Immigration and Nationality Act, for a period of five years from the date the person was admitted into the United States as a refugee;

(ii) an asylee granted status under Section 208 of the Immigration and Nationality Act, for a period of five years from the date that the asylee was granted status;

(iii) a person for whom deportation was withheld under Section 241(b) or 243(h) of the Immigration and Nationality Act, for a period of five years from the date that the deportation was withheld;

(iv) a Cuban and Haitian entrant (as defined in Section 501(e) of the Refugee Education Assistance Act of 1980) for a period of five years from the date such status was granted;

(v) an alien admitted into the United States as an Amerasian immigrant as described in Section 402 (a)(2)(A)(i)(V) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)(A)) for a period of five years from the date the person was admitted into the United States;

(vi) a person lawfully admitted for permanent residence into the United States who has worked for 40 quarters as defined under Title II of the federal Social Security Act, or can be credited with such qualifying quarters exclusive of any quarter after December 31, 1996, in which such person received any federal means tested assistance, whose entry into the United States was at least five years earlier or who entered the United States prior to August 22, 1996; and

(vii) any qualified alien who is on active duty, other than duty for training, in the United States Armed Forces or who has received a discharge characterized as honorable and not on account of alienage, or the spouse or unmarried dependent child of any such alien who is also a qualified alien.

(b) Eligibility requirements.

(1) No person except a citizen or a specially qualified alien is eligible for the federal food stamp program, family assistance, safety net assistance, or services funded under Title XX of the federal social security act except as follows:

(i) A qualified alien who is not a specially qualified alien, who was a lawful resident of the United States before August 22, 1996, or who was a lawful resident of the United States on or after August 22, 1996, for five or more years is, if otherwise eligible, eligible for family assistance, safety net assistance, services pursuant to Title XX of the federal social security act but is ineligible for the federal food stamp program.

(ii) A qualified alien, who is not a specially qualified alien, who entered the United States on or after August 22, 1996, but who was a legal resident of the United States for less than five years is, if otherwise eligible, eligible for safety net assistance but is ineligible for family assistance and the federal food stamp program.

(iii) An alien whose status is not within the meaning of the term qualified alien but who is otherwise permanently residing in the United States under color of law; as such term was used on August 21, 1996, by the federal Administration for Children and Families is, if otherwise eligible, eligible for safety net assistance.

(iv) A person paroled into the United States under Section 212(d)(5) of the Immigration and Nationality Act for a period of less than one year is, if otherwise eligible, eligible to receive any State or local non-federal assistance provided under this section on the same terms as such programs are available to persons who are qualified aliens.

(v) Nothing herein precludes the receipt by an alien of community based non-cash assistance in accordance with the directions of the United States Attorney General.

(vi) Any alien, including an alien who is not a qualified A alien, is eligible for adult protective services and services and assistance relating to child protection to the extent that such person is otherwise eligible pursuant to the regulations of the Office of Temporary and Disability Assistance and the Office of Children and Family Services of the Department.

(2) An alien is eligible for additional state payments for aged, blind and disabled persons under social services law only to the extent that such person is not ineligible for federal SSI benefits due to alien status.

(3) (i) Any applicant or recipient who has been determined to be ineligible for family assistance, or safety net assistance because he or she is an alien unlawfully residing in the United States or because he or she failed to furnish evidence that he or she is lawfully residing in the United States must be immediately referred to the United States Immigration and Naturalization Service, or the nearest consulate of the country of the applicant or the recipient for such service or consulate to take appropriate action or furnish assistance.

(ii) Each social services district must report to the Office of Temporary and Disability Assistance, the name and address and other identifying information known to it with respect to any alien known to be unlawfully in the United State in the manner prescribed by such office.

 

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Section 349.4 - Temporary absence.

349.4 Temporary absence. (Additional statutory authority: Social Services Law, Sections 20, 34, 320; L. 1971, ch. 110, Section 83) (a) Federally aided programs other than MA.

(1) Definition of temporary absence. For the purpose of administration of the federally aided programs, except the program of medical assistance, temporary absence shall mean any absence from the district administering the grant, during which the recipient:

(i) does not leave the United States;

(ii) does not evidence intent to establish residence elsewhere; and

(iii) complies with this subdivision and other provisions of this Title.

(2) Continuation of grant during temporary absence. The social services district's decision to continue a grant during temporary absence as defined in paragraph (1) of this subdivision shall be based upon consideration of the following factors:

(i) General requirements. (a) Evidence of intent to return to the district of administration when the purposes of his absence have been accomplished. If such temporary absence extends beyond a six-month period, the absent person shall submit affirmative evidence satisfactory to the district of administration of his continuing intention to return to the district, and that he is prevented from returning to the district because of illness or other good cause. If a recipient fails to comply with this requirement, he shall be deemed ineligible for a continuance of his grant.

(b) Continuing financial need for a grant in the same or a different amount.

(c) Continuing contact with the recipient by the district through correspondence or through use of the services of another social services agency located within or without the State.

(ii) Additional requirements. In addition to subparagraph (i) of this paragraph, the social services district shall consider the following factors when making a determination to continue a grant in the Aid to Dependent Children program. Evidence that the status of the parents has not changed so as to constitute ineligibility, that the child or minor continues to live with the parent or other specified relative, and that the welfare of the child or minor continues to be safeguarded, shall be obtained. Reconsideration of the welfare of the child or minor shall be made within 30 days of the date the agency is informed of the temporary absence, and thereafter at least once in three months.

(3) Nothing in this subdivision shall limit the continuing responsibility of a social services district for payment of costs of care provided in another social services district in New York State.

(b) Medical assistance. An individual who dwells in the State and who intends to continue to dwell in the State shall be deemed to be a resident of the State without regard to his length of residence therein. At the time an individual incurs the need for medical care, he shall be deemed to be temporarily absent, within or without the State, from the public welfare district in which he dwells if, prior to such absence, he was affirmatively dwelling in such public welfare district, has evidenced intent to return there and there is lack of affirmative evidence of his intent to establish permanent residence elsewhere.

 

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Section 349.5 - Emancipated minor.

349.5 Emancipated minor. (Additional statutory authority: Social Services Law, Sections 20, 34, 320; L. 1971, ch. 110, Section 83) (a) A grant of public assistance or care may be made to an emancipated minor in his own right if he is otherwise eligible, For this purpose, emancipated minor means a person over 16 years of age who has completed his compulsory education, who is living separate and apart from his family and is not in receipt of or in need of foster care.

(b) This section shall not prevent the department from promulgating regulations authorizing direct grants of assistance to be made to minors under other circumstances in the ADC program.

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Section 349.6 - Utilization of employee group health benefits as a condition of

349.6 Utilization of employee group health benefits as a condition of eligibility. (Additional statutory authority: Social Services Law, Sections 20, 34, 131-p, 363-a, 366, 367-a) As a condition of eligibility or continued eligibility, any applicant or recipient of home relief or aid to dependent children who is or becomes employed and whose employer provides group health insurance benefits, including benefits for a spouse and dependent children of such applicant or recipient, shall apply for and utilize such benefits.

(a) Such applicant or recipient may also be required to apply for and utilize benefits provided by former employers.

(b) For those households who have more than one employer offering group health insurance benefits the agency may determine which employer offers the most comprehensive and/or substantial coverage and the applicant or recipient shall be required to apply for or continue and utilize the policy selected by the social services district.

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