N.Y. Social Services Law § 358: Federal temporary assistance for needy families block grant

§ 358. Federal temporary assistance for needy families block grant.

1. The department shall submit the plan pursuant to title IV-A of the

federal social security act. The state's program under title IV-A shall

be entitled "Family Assistance", and benefits under the state plan with

respect to the temporary assistance for needy families block grant shall

be known as family assistance. The department shall act for the state in

any negotiations relative to the submission and approval of such plan

and make any arrangement which may be necessary to obtain and retain

such approval and to secure for the state the benefits of such federal

act relating to title IV-A. The department shall make such regulations

not inconsistent with law as may be necessary to make such plan conform

to such federal act and any rules and regulations adopted pursuant

thereto. Such regulations may provide for operation of components of

the program relating to refugees by contract with a private agency or

agencies pursuant to section 412(e) of the immigration and nationality

act (8 U.S. Code 1522(e)(7)). Any refugee whose needs are met pursuant

to such a contract who would otherwise be a recipient of family

assistance or safety net assistance shall be regarded for all other

purposes as a recipient of family assistance or of safety net

assistance, respectively. Each social services district shall be

responsible for a share of the state's expenditures for operation of

such a contract which shall be equal to the share of such expenditures

such district would have borne after reimbursement from state and

federal funds in accordance with section one hundred fifty-three of this

article, had the expenditure been made by such district. The department

shall make reports to such federal agency in the form and nature

required by it and comply with any request or direction of such federal

agency which may be necessary to assure the correctness and verification

of such reports.

2. The department of taxation and finance shall accept and receive

any and all grants of money awarded to the state pursuant to title IV-A

of such social security act. All moneys so received shall be deposited

by the department of taxation and finance in a special fund or funds and

shall be used by the state exclusively for temporary assistance for

needy families block grant and the administration thereof as provided in

this chapter; provided, however, that portions of such moneys may be

transferred to the child care and development block grant or the social

services block grant as the legislature may from time to time provide.

Such money shall be paid from such fund or funds on audit and warrant of

the comptroller upon vouchers of or certification by the commissioner.

3. If and for so long as the federal government provides one hundred

percent funding therefor, the department is authorized to operate a

Cuban and Haitian entrant program and a refugee resettlement program

pursuant to title IV of the federal immigration and nationality act,

including provision for refugee cash assistance, refugee medical

assistance, refugee child welfare services, and refugee social services.

The department shall submit the plan for such refugee resettlement

program to the federal department of health and human services and shall

act for the state in any negotiations relative to the submission and

approval of such plan and make any arrangement which may be necessary to

obtain and retain such approval.

4. The department shall make such regulations not inconsistent with

law as may be necessary to make such plan conform to such federal act

and any rules and regulations adopted pursuant thereto. Such regulations

may provide for operation of components of the program directly by the

department, through social services districts on behalf of the

department or, subject to the approval of the director of the budget

upon a demonstration of cost-effectiveness, by contract with a private

agency or agencies and may provide that an eligible recipient shall

receive assistance pursuant to such contract in lieu of family

assistance or safety net assistance.

5. The state program under title IV-A of the social security act shall

permit individuals to accumulate funds in individual development

accounts established pursuant to section four hundred three of the

social security act as trust accounts funded with periodic contributions

of earned income by the individual or of amounts matched by or through a

not-for-profit organization described in section 501(c)(3) of the

Internal Revenue Code and exempt from taxation under section 501(a) of

such Code; provided, however, that neither the state nor social services

districts shall be required to make or match contributions or to

administer any such account.