N.Y. Social Services Law § 95: Supplemental nutrition assistance program (SNAP)

§ 95. Supplemental nutrition assistance program (SNAP). 1. (a) The

office is authorized to submit any plan required by the federal

government to participate in the supplemental nutrition assistance

program (SNAP) to the secretary of the United States department of

agriculture for approval, and to act for the state in any negotiations

relative to the submission and approval of such plan, and may make such

arrangements and take such action, not inconsistent with law, as may be

required to obtain and retain such approval, to implement such plan, and

to secure for the state the benefits available.

(b) The office is authorized to accept a designation, in accordance

with the provisions of section twenty-nine of this chapter, under any

other federal law which may make SNAP benefits available for needy

families and individuals, and to perform such functions as may be

appropriate, permitted or required by or pursuant to such law.

2. The office is empowered, with the consent and approval of the

governor, to delegate or assign to any other office or agency of the

state the performance of such function or functions under the plan or

designation as may be appropriate and permitted or required by the

appropriate federal law or regulations. Any state department or agency

is hereby empowered and required to perform the function or functions so

delegated or assigned to it.

3. (a) Each commissioner of social services is authorized and

required, in accordance with regulations of the office, to make

application for inclusion of his or her social services district in the

federal supplemental nutrition assistance program plan or plans and to

assist needy families and individuals of his or her social services

district to obtain nutritionally adequate diets through participation in

such federal plan or plans. However, only those persons who qualify for

SNAP benefits in accordance with federal and state requirements, and

standards promulgated by the office, shall be certified as eligible to

receive such benefits.

(b) Each commissioner of social services is authorized and required,

subject to state and federal requirements therefor, to act on behalf of

the office and receive, store, and issue SNAP benefits, either directly,

or with the approval of the office, through a banking institution and/or

other appropriate public or private agency.

(c) Each commissioner of social services shall develop and submit to

the office for its approval a plan describing his or her district's

operations under this section, which plan shall accord with federal and

state requirements.

4. A person's need or eligibility for public assistance and care shall

not be affected by his or her receipt of SNAP benefits.

5. Any inconsistent provision of law notwithstanding, the value of any

SNAP benefits provided an eligible person shall not be considered income

or resources for any purpose, including taxation.

6. (a) Any inconsistent provision of law notwithstanding, expenditures

made by a social services district for the purpose of certifying

eligibility of needy families and individuals, including those who are

not in receipt of public assistance and care, for SNAP benefits, and for

distributing and redeeming such benefits shall be deemed to be

expenditures for the administration of public assistance and care, and

shall be subject to reimbursement by the state in accordance with the

provisions of section one hundred fifty-three of this chapter to the

extent of one hundred percent in accordance with paragraph (b) of this

subdivision.

(b) Such expenditures for supplemental nutrition assistance program

administrative costs shall be subject to reimbursement by the state in

accordance with regulations to be promulgated by the office, which

regulations shall be subject to the approval of the director of the

budget, shall be consistent with federal law and regulations, and shall

be based on:

(i) an allocation of administrative costs attributable to both SNAP

benefits and safety net assistance to permit maximum use of federal

funds; and

(ii) an allocation of administrative costs attributable to both SNAP

benefits and temporary assistance for needy families such that only

those administrative costs that cannot be allocated to temporary

assistance for needy families are allocated to supplemental nutrition

assistance program, provided, however, that if federal law, regulations,

or cost allocation procedures require those administrative costs that

may be allocated to be allocated between temporary assistance for needy

families and SNAP benefits, then the administrative costs so allocated

to SNAP benefits shall be reimbursed as costs of public assistance and

care in accordance with the provisions of paragraphs a and d of

subdivision one of section one hundred fifty-three of this chapter.

7. a. When an eligible recipient under this section is issued an

authorization to participate in the supplemental nutrition assistance

program by written or electronic means, such authorization to

participate:

(i) May be redeemed for SNAP benefits at designated redemption centers

by the recipient or by an authorized representative. When an eligible

recipient under this section is issued SNAP benefits, such SNAP benefits

may be used to purchase food items from a food distributor by the

recipient or by an authorized representative. Any other transfer or

sale of authorizations to participate or SNAP benefits shall constitute

an unauthorized use of said authorizations or benefits;

(ii) Shall require the office of temporary and disability assistance

to provide the state education department a dataset which contains a

listing of students ages three to eighteen who receive federal

assistance through the supplemental nutrition assistance program (SNAP)

and temporary assistance to needy families (TANF).

(iii) The state education department shall make such dataset available

to all schools (public and nonpublic) that participate in: the National

School Lunch, School Breakfast, Summer Food Service, or Special Milk

programs with a free milk option of the availability of such dataset.

(iv) All schools identified in subparagraph (iii) of this paragraph

shall access such dataset outlined in subparagraph (ii) of this

paragraph at least three times a year and identify such child as

eligible for free meals/milk and such child may receive free meals/milk

without further application. Upon identification, such school shall

notify the student's parent or guardian of such eligibility. Such

notification shall also contain an opportunity to decline the receipt of

free meals/milk. In the event a school receives notification to decline

the free meals/milk benefit the child shall be removed from the free

eligibility list in such program.

(b) For the purposes of this subdivision, "authorized representative"

shall be defined in regulations promulgated by the commissioner.

8. Except as part of a transaction pursuant to subdivision seven of

this section or as necessary for a food distributor to redeem SNAP

benefits subsequent to such a transaction, any acquisition, acceptance,

purchase, possession, sale, transfer, alteration or manufacture of

authorizations to participate or SNAP benefits, real or counterfeit, by

any person shall constitute an unauthorized use of said authorizations

or benefits. For purposes of this subdivision, the term "person" shall

mean any individual, corporation, partnership, association, agency, or

other legal entity, or any part thereof.

9.(a) The parent or other individual who is living with and exercising

parental control over a child under the age of eighteen who has an

absent parent is not eligible to participate in the supplemental

nutrition assistance program if such person refuses to cooperate with

the office in establishing the paternity of the child (if the child is

born out of wedlock) and in obtaining support for the child or the

parent (or other individual) and the child. This paragraph does not

apply to the parent (or other individual) if the office determines that

there is good cause for the refusal to cooperate.

(b) A putative or identified noncustodial parent of a child under the

age of eighteen is not eligible to participate in the supplemental

nutrition assistance program if such individual refuses to cooperate

with the office in establishing the paternity of the child (if the child

is born out of wedlock) and in providing support for the child. The use

of the information collected pursuant to this paragraph shall be limited

to the purposes for which the information is collected and is subject to

the confidentiality provisions set forth in section one hundred

thirty-six of this chapter.

(c) To the extent not inconsistent with federal law and regulations,

an individual is not eligible to participate in the supplemental

nutrition assistance program as a member of any household if the

individual is under court order to pay child or combined child and

spousal support and has accumulated support arrears equivalent to or

greater than the amount of current support due for a period of four

months.

10. Notwithstanding any other provision of law to the contrary, the

office shall develop a brief, simplified application form for the

supplemental nutrition assistance program only. The office shall develop

the form in consultation with food stamp outreach organizations and

consider how the form may be used to reach as many potential applicants

as possible, especially those over sixty years of age and those who are

employed.

11. (a) Notwithstanding any other provision of law to the contrary,

the office shall establish a statewide restaurant meals program as part

of SNAP. Under the restaurant meals program, households containing

elderly or disabled members, and their spouses, as defined in 7 U.S.C.

2012(j), or homeless individuals, as defined in 7 U.S.C. 2012(l), shall

have the option in accordance with 7 U.S.C. 2012(k) to redeem their SNAP

benefits at private establishments that contract with the office to

offer meals for eligible individuals at concessional prices subject to 7

U.S.C. 2018(h).

(b) The office shall adopt any rules necessary to implement the

provisions of this subdivision.