N.Y. Social Services Law § 152-d: Replacement of stolen public assistance

§ 152-d. Replacement of stolen public assistance. 1. Notwithstanding

section three hundred fifty-j of this article and subdivision eleven of

section one hundred thirty-one of this title, and in accordance with

this section, public assistance recipients shall receive replacement

assistance for the loss of public assistance, as defined in subdivision

nineteen of section two of this chapter, in instances when such public

assistance has been stolen as a result of card skimming, cloning, third

party misrepresentation or other similar fraudulent activities,

consistent with guidance issued by the office of temporary and

disability assistance.

2. The office of temporary and disability assistance shall establish a

protocol for recipients to report incidents of stolen public assistance.

This protocol will be administered by social services districts pursuant

to guidance issued by the office of temporary and disability assistance.

3. Social services districts shall promptly replace stolen public

assistance, however, such replacement shall occur no later than five

business days after the social services district has verified the public

assistance was stolen in accordance with guidance established by the

office of temporary and disability assistance consistent with federal

and state laws, regulations and guidance, provided, however, that social

services districts shall not ask recipients to obtain a police report or

require any other interaction with law enforcement unless required by

federal law, regulation, or guidance for either public assistance or

supplemental nutrition assistance program benefits.

4. For public assistance that is verified as stolen, replacement

assistance shall be provided by the social services district in

accordance with this section as follows:

(a) the lesser of: (i) the amount of public assistance that was

stolen; or (ii) the amount of public assistance equal to two months of

the monthly allotment of the household immediately prior to the date

upon which the public assistance was stolen; provided, however, the

commissioner may promulgate regulations for the provision of additional

replacement assistance in extenuating circumstances consistent with

federal and state laws, regulations and guidance; and

(b)(i) no more than twice in a federal fiscal year to cover public

assistance stolen on or after January first, two thousand twenty-two

through September thirtieth, two thousand twenty-four; or (ii) no more

than once in a federal fiscal year to cover public assistance stolen on

or after October first, two thousand twenty-four.

5. Any replacement assistance provided under this section shall be

exempt from recoupment and recovery provisions under title six of

article three of this chapter; provided, however, that assistance shall

not be exempt from recoupment and recovery if it is later determined

that the public assistance that was replaced pursuant to this section

was not stolen as a result of card skimming, cloning, third party

misrepresentation or other similar fraudulent activities.

6. The office of temporary and disability assistance shall make a

model sign available on its website that can be used by any person,

firm, partnership, association or corporation required to inform

individuals about electronic benefit transfer scams, including, but not

limited to, skimming, and the steps they can take to protect their

benefits in accordance with section three hundred ninety-e of the

general business law.