N.Y. Social Services Law § 131-z: Child assistance program

§ 131-z. Child assistance program. 1. Notwithstanding any other

provision of law to the contrary, any district may operate a child

assistance program as part of the family assistance program with the

approval of the department. Approved expenditures for such child

assistance program shall be subject to federal and state reimbursement

as expenditures under the family assistance program in accordance with

section one hundred fifty-three of this chapter. Provided, however, on

or after January first, nineteen hundred ninety-eight the department

shall reimburse social services districts for the administrative costs

of this program in accordance with the provisions of subdivision sixteen

of section one hundred fifty-three of this chapter. All custodial parent

families receiving family assistance benefits shall be eligible for this

program, provided they satisfy the requirements of this section, if they

reside in a district which operates such a program.

2. Where a program has been authorized, child assistance payments

pursuant to the provisions of this section may be made to custodial

parents on behalf of minor children in accordance with the criteria

specified in subdivisions three, four, five and six of this section in

lieu of allowances determined in accordance with section one hundred

thirty-one-a of this article. The amount of such child assistance

payments shall be at least the sum of three thousand three hundred sixty

dollars per annum for the first minor child and one thousand one hundred

sixteen dollars per annum for each additional minor child, provided that

such payments shall be reduced by the amounts specified in paragraph (a)

of subdivision six of this section. The commissioner may develop a

methodology which will provide for the periodic adjustment of the

benefit level to reflect changes in maximum monthly grants and

allowances authorized pursuant to section one hundred thirty-one-a of

this article for the family assistance program. In addition, the child

assistance payments shall be established so that the payments combined

with earnings from full-time employment shall result in a family of

three having income at or above the poverty level for nineteen hundred

eighty-seven as reported by the federal department of health and human

services.

3. No custodial parent who resides in a social services district or

portion of such district in which a child assistance program is operated

shall be eligible under this program for receipt of child assistance

payments for a child, unless:

(a) An order of child support for such child has been made by a court

of competent jurisdiction;

(b) The order of child support is payable through a support collection

unit as created by section one hundred eleven-h of this chapter or such

other administrative mechanism as may be designated by the commissioner;

or the custodial parent has cooperated in taking the necessary steps to

ensure that the child support order is payable through a support

collection unit or other administrative mechanism;

(c) The parent subject to a support order described in paragraphs (a)

and (b) of this subdivision is absent from the home;

(d) The custodial parent and the child for whom, or on whose behalf an

application for child assistance program payments is made is at such

time, a recipient of family assistance benefits; and

(e) The custodial parent has not withdrawn from the program within the

three months prior to the date of reapplication for benefits under this

program.

4. Notwithstanding the provisions of subdivision three of this

section, a custodial parent may be eligible under this program even

though the custodial parent has failed to obtain an order of child

support because:

(a) The other parent is deceased;

(b) The custodial parent has demonstrated to the satisfaction of the

commissioner, a diligent effort to obtain a child support order,

including providing the local social services district with the

information necessary to file a petition for child support, but due to

reasons outside of the control of the custodial parent, a child support

order is not obtainable in a reasonable period of time;

(c) The custodial parent has good cause as defined in regulations, not

to cooperate in obtaining a child support order; or

(d) The child resides with both parents and paternity has either been

acknowledged or established.

5. A participant is no longer to be considered a participant in this

program when such individual is not eligible for payments as a result of

the operation of paragraph (a) of subdivision six of this section for

four consecutive months.

6. (a) So long as funds are available therefor, the amount received by

each custodial parent eligible to receive child assistance payments

pursuant to this section shall be reduced by an amount equal to:

(i) An amount which reflects a portion of the actual income of the

custodial parent pursuant to a methodology to be established by the

commissioner; and

(ii) An additional amount which reflects that portion of the custodial

parent's spouse's income which is deemed to be available to other

household members pursuant to a methodology to be established by the

commissioner.

(b) Persons in receipt of both child assistance under this section and

medical assistance pursuant to title eleven of article five of this

chapter who, prior to April first, two thousand five, become ineligible

for medical assistance solely due to increased earnings from employment

or loss of earned income disregards shall, if otherwise eligible, remain

eligible for medical assistance until March thirty-first, two thousand

five or until such later time as may be required by the provisions of

such title or of this subdivision. Such medical assistance shall be

provided initially pursuant to paragraphs (a) and (b) of subdivision

four of section three hundred sixty-six of this article.

(c) With respect to persons described in paragraph (b) of this

subdivision, including those no longer in receipt of child assistance

due to increased earnings from employment, when the medical assistance

provided pursuant to paragraphs (a) and (b) of subdivision four of

section three hundred sixty-six of this chapter ends, such persons, if

ineligible for medical assistance solely due to earnings from employment

or loss of earned income disregards shall, if otherwise eligible, remain

eligible for medical assistance for an additional twelve months.

However, in no event shall medical assistance be provided pursuant to

this paragraph for any period that is more than twelve months after such

persons cease to participate in the child assistance program.

(d) Social services districts shall take all necessary actions to

provide medical assistance pursuant to paragraphs (a) and (b) of

subdivision four of section three hundred sixty-six of this chapter to

individuals described in paragraphs (b) and (c) of this subdivision who

are eligible for such assistance. Social services districts shall

provide to individuals described in paragraphs (b) and (c) of this

subdivision information as to the availability of the child health

insurance plan described in title one-A of article twenty-five of the

public health law.

7. Each participating social services district shall provide to all

recipients eligible for participation in this program in accordance with

the approved program a comparison of the benefits that would be

available to the household under family assistance and the child

assistance payments as provided in this section. Each participating

district shall inform all eligible recipients that participation in this

program is voluntary.

8. Participation in this program shall be voluntary. Should a

participant elect to terminate his or her participation in this program,

then, upon reapplication for family assistance benefits and a subsequent

determination of eligibility, such participant shall be restored to

benefits effective from the date of reapplication.

9. The department shall promulgate regulations for the operation of

the child assistance program. Such regulations shall include but not be

limited to:

(a) Resources. At program entry, program participants may not have

resources which exceed the level permitted for eligibility for the

family assistance program. Once eligible for the program, no further

resource tests shall be imposed;

(b) Eligibility determinations. Program participants shall not be

required to report changes in income more frequently than quarterly;

(c) Lump sums. If a child or relative participating in the program

receives, in any month or months in a quarter, a non-recurring amount of

earned or unearned income, the quarterly total of which exceeds one

quarter of the annual poverty level for nineteen hundred eighty-seven

for a family of the same size as the program household which received

the lump sum, the case shall be ineligible for assistance for the whole

number of quarters that equals the amount of the non-recurring income

received, adjusted for any applicable disregards of income, divided by

the quarterly poverty level applicable to the case;

(d) One hundred eighty-five percent of gross income test. Program

participants shall be allowed to have income in excess of one hundred

eighty-five percent of the state standard of need;

(e) Loss of eligibility. Non-compliance with a condition of

eligibility shall result in the ineligibility of the whole family for

the child assistance program;

(f) Determination of available income. Notwithstanding section one

hundred thirty-one-a or any other provision of this chapter,

determination of available income and the determination of income to be

disregarded shall be in accordance with these regulations provided

however that the methodology shall not be adjusted in a manner such that

a household would receive a lower benefit than a similarly situated

household would have received in January, nineteen hundred ninety-seven

for the same amount of earned income; and

(g) Cash out of food stamps. To the extent permitted by federal law,

program participants shall receive the value of their food stamps in

cash.

(h) Child support pass through. The requirement that certain child

support collected be passed through to the custodial parent pursuant to

section one hundred eleven-c of this chapter shall not apply to persons

participating in the child assistance program.