Income:
All recipients except those in the Child Assistance Program (a local district, optional component of the State's FA program) are subject to a gross income test.

Effective June 1, 2006, the gross earned and unearned income of applicants for and recipients of FA cannot exceed the 2006 Federal Poverty guidelines as published in the Federal Register by family size, and available at http://aspe.hhs.gov/poverty/poverty.shtml. The Poverty level Test applies to all FA households except those residing temporarily in a hotel/motel, homeless shelter, domestic violence shelter, AIDS housing or congregate care facility.

Exception to Income Test for Prevention of Out-of-Wedlock Pregnancy:
Youth under 21 years of age and other individuals at risk for out-of-wedlock pregnancies or single parenthood may be eligible without regard to income for FA cash benefits and related services in order to prevent out-of-wedlock pregnancy and to encourage formation and maintenance of 2-parent families.

Assets: Recipients are subject to the following limits on countable assets:

• Families with no elderly members (age 60 or older), $2,000 except recipients in the Child Assistance Program.

• Families with an elderly member (age 60 or older), $3,000 except recipients in the Child Assistance Program.

Exception to Asset Limits: The Child Assistance Program (CAP) requires that applicants meet the FA resource test at an initial certification for CAP. However, no assets test is applied thereafter, allowing participants to acquire assets in excess of the ordinary FA limits. (See OTHER ELIGIBILITY CONDITIONS for CAP eligibility).

For recipients who own a car, the fair market value of a car above $4,650 is treated as a countable asset. If the recipient is seeking employment or is employed, there are allowances for increased car value up to $9,300.

The Earned Income Tax Credit (EITC) is exempt as income or a resource. Also exempt is an amount up to $4,650 in a separate bank account established by an individual while currently in receipt of assistance for the sole purpose of enabling the individual to purchase a first or replacement vehicle for the recipient to seek, obtain or maintain employment, so long as the funds are not used for any other purpose. Funds withdrawn for reasons other than the purchase of a first or replacement vehicle nullify the intent of the account. The full amount of the funds in the account prior to the withdrawal become countable toward the public assistance household’s resource limit beginning with the month of the withdrawal.

Age:
For age of children, See Presence of Children below.

Age of Parents:
Unmarried individuals under the age of 18 and with a child over 12 weeks of age in their care and who have not successfully completed high school or its equivalent are ineligible for TANF assistance. However, the educational requirement would be satisfied if the individual is working towards a high school diploma or its equivalent or participating in an alternative program approved by the caseworker.

Disability:
not a condition.

Presence of Spouse:
not a condition. All two-parent families are eligible for assistance based on the same eligibility criteria as single parent families.

Presence of Children:
To be eligible for TANF cash assistance, families must include a minor child, defined as a child under age 18 or a child between ages 18 and 19 who is a full-time student in a secondary school or equivalent level of vocational/technical training.

A pregnant woman with no other children is eligible for assistance, beginning when the pregnancy is medically verified.

The grandparent of a child of a minor parent is required to be in the same assistance unit with the minor parent and child if the grandparent resides in the same home and receives assistance.

The relationship of the caretaker to the child must be documented. At a minimum, documentation must include the applicant’s declaration of the relationship on the application plus a third party statement attesting to the relationship. The caretaker must cooperate with any attempt by the State to secure additional documentation of the relationship.

Prior Contribution:
Not a condition.

Exhaustion of Benefits From Other Programs:
Not a condition.

A family member receiving SSI benefits is excluded from the assistance unit. The SSI recipient's income and resources are not considered when determining eligibility or benefits for the rest of the family.

Participation in Work Program:
TANF legislation requires that states must have 50% of their caseload in specified work activities. New York State carries out this requirement in the following ways:

Parents and other adult relative who can work must be working or involved in work-like activities after receiving FA benefits for 2 years, or sooner, if the local Department of Social Services (DSS) decides they can work earlier.

Single parent recipients are required to work or participate in a designated form of work experience or training at least 30 hours per week to count toward Federally-mandated TANF work participation requirements, except for single parents with a child under 6 years of age. A single parent with a child under 6 is considered engaged in work if the recipient participates in 20 hours of work per week. One parent in a two-parent family must work 35 hours per week. States are required to engage 90% of all two-parent households in which neither parent is disabled in work activities for 35 hours averaged weekly, or 55 hours averaged weekly, if the household received federally funded child care assistance.

To count toward the work requirement, recipients must participate in one or more of the following: unsubsidized or subsidized employment, on-the-job training, work experience, community service, up to 12 months of vocational education, or provide child care services to individuals who are participating in community service. Beyond 20 hours per week (35 for two-parent families), participation may also include job skills training related to employment, education directly related to employment (for recipients lacking a diploma or GED), and secondary school or GED preparation.

Exempted from the work requirement are: Custodial parents or caretakers of children under 1 year of age for a total of 12 months (lifetime), with only 3 months exemption for any one child of the parent or caretaker, unless the local DSS decides to use more than the 3 months or all of the maximum 12 months for any 1 child; a woman who is pregnant, beginning 30 days prior to the medically verified, expected date of delivery of the child; Individuals who are ill, incapacitated, 60 years old or older or disabled as defined by State law; an individual whose presence is required in the home as a caretaker of an incapacitated family member; a child who is under 16 years of age or under the age of 19 and attending full time a secondary, vocational or technical school.

All FA applicants and recipients are informed that their FA benefits cannot be reduced or terminated if they are not participating in work requirements due to a lack of suitable child care through the issuance of a notice from the local Department of Social Services.

State law provides sanctions for individuals who quit employment to obtain benefits, as follows:
1) Applicants: disqualified for 90 days from the date of the quit.
2) Recipients: sanctioned the same as an individual whose family fails to comply with employment requirements.

School Attendance:
Every teen-age parent under 18 years of age who lacks a high school diploma or the equivalent must be satisfactorily attending programs leading to a secondary credential or the equivalent or to employment.

Job Search:
Job search in fulfillment of the work requirement is limited to 6 weeks.

Citizenship/ Legal Alien Status:
Must be a U.S. citizen or qualified alien. Illegal aliens, undocumented aliens, or aliens with a temporary immigration status are not eligible for FA but may be eligible for Safety Net (See Safety Net: Citizenship /Legal Alien Status).

The following qualified aliens are eligible for FA for the first 5 years from the date the Immigration and Naturalization Service (INS) designation was granted: a refugee; an asylee; a person for whom deportation was withheld; a Cuban or Haitian entrant; an alien admitted into the United States as an Amerasian immigrant; a person lawfully admitted for permanent residence into the United States who has worked for 40 quarters as defined under Title II of the Social Security Act, or who can be credited with such qualifying quarters exclusive of any quarter after December 31, 1996, in which such person or such person’s parent or spouse received any federal means tested assistance, whose entry into the United States was at least 5 years earlier or who entered the United States prior to August 22, 1996; 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 alien age, or their spouse, unremarried surviving spouse, or unmarried dependent child of any such alien who is also a qualified alien; a qualified alien who entered the United States before August 22, 1996, or who entered the United States on or after August 22, 1996, and has resided in the United States for 5 or more years.

60 Month Limit on FA:
To be eligible adults are limited to receiving benefits for a total of 60 months in their lifetime, including months of TANF-funded assistance granted in other states. Once this limit is reached, that adult and all members of his or her FA household are ineligible to receive any more FA benefits. The months need not be consecutive; each individual month in which TANF-funded benefits are received is included in the lifetime count.

Absent Child Exception:
A family that has exceeded the 60-month limit can continue to receive assistance for a child who is absent from the home for a period not to exceed 45 days. This allowable period can be extended under the following circumstances foster care placement (provided that the goal is return to the household); visits to friends or relatives; attendance at school or camp, or hospitalization.

Alternative Assistance for Families Who Exceed the 60-Month Limit:
A State may exempt up to 20% of its caseload from the 5-year time limit on grounds of hardship or the family's inclusion of a battered woman. State funds used to aid persons ineligible for FA because of the 5-year time limit or new alien rules may be counted toward the State’s maintenance-of-effort requirement.

Finger Imaging:
The State operates a finger-imaging program for purposes of identification of recipients and prevention of fraud. Persons must submit to required finger imaging in order to be eligible for assistance.

Substance Abuse:

All heads of households and adult recipients of FA must be screened for alcoholism and/or substance abuse as part of the initial application and for recertification. Testing is also required at the discretion of the local district if there is evidence to indicate potential alcohol and/or drug abuse but otherwise may be conducted no more frequently than every six months.

If the screening process indicates that these is reason to believe that an applicant or recipient is abusing or dependent on alcohol or drugs, the local district will require a formal assessment, which may include drug testing, to be performed by a certified alcohol or substance abuse counselor. If the formal assessment determines that the applicant or recipient is unable to work by reason of alcoholism or substance abuse, the individual must be referred to an appropriate treatment program. Such person and other members of that household, if otherwise eligible, receive non-cash assistance.

A person who fails to participate in the screening and/or assessment process is ineligible for FA. Other members of a household that includes an individual who has failed to participate in the screening and/or assessment process shall, if otherwise eligible, receive non-cash assistance. If an applicant or recipient of FA who is required to participate in an appropriate treatment program fails to particle without good cause or leaves the program prior to completion without good cause, the individual is disqualified from receiving assistance for the time periods listed: (1). for the first failure to participate in or complete the program, until the failure ceases or for 45 days, whichever period of time is longer; (2). for the second failure, until the failure ceases or for 120 days, whichever period of time is longer; and (3). for the third and subsequent failures, until the failure ceases or 180 days, whichever period of time is longer.

The family of the disqualified person received non-cash assistance, if otherwise eligible. Persons disqualified for failing to participate in or complete treatment who return to treatment prior to the end of the disqualification who are receiving care in an office of Alcoholism and Substance Abuse certified congregate care level II facility, or residential program, if otherwise eligible, receive non-cash assistance. Whether the applicant or recipient has completed the treatment program will be determined solely by using the guidelines and rules of the treatment program.

Prevention of Out-of-Wedlock Pregnancy:
The State may provide TANF-funded benefits and services (i.e., FA) to eligible individuals and families without regard to income to prevent or reduce the incidence of out-of-wedlock pregnancy and to encourage the formation and maintenance of two-parent families. The services are targeted to youth under 21 years of age, other individuals at risk of out-of-wedlock births or single parenthood, and non-custodial parents.

Ineligibility and Sanctions:

Fraud with Respect to Residence:
Individuals who have been convicted in federal court of having made a fraudulent statement or representation with respect to their place of residence in order to receive TANF-funded assistance from 2 or more states are ineligible for 10 years.

Avoidance of Prosecution:
Persons who are fleeing to avoid prosecution, or custody, or confinement under the laws of the place from which the individual flees for a crime or attempts to commit a crime are ineligible for TANF-funded assistance (FA in New York State). This includes a felony under the laws of the place from which the individual flees.

Violating Probation or Parole:
Individuals who are violating a condition of probation or parole imposed under Federal or State laws are ineligible for TANF-funded assistance (FA in New York State).

Intentional Program Violations:
Sanctions for intentional program violations are based on the number of previous offenses and the dollar value of the offense: 6-month disqualification for a 1st offense that is less than $1,000; 12-months disqualification for a 2nd offense or an offense between $1,000 and $3,900; 18-month disqualification for a 3rd offense or offense greater than $3,900; 5-year disqualification for any subsequent offense.

Child Support Orders and Child Assistance Plan Eligibility:
To be eligible for CAP, which permits families to acquire assets while receiving public assistance, FA custodial parents must possess a child-support order for each child participating in the program, unless the custodial parents do not possess a child-support order because: the absent parent is deceased; the custodial parent has good cause for not establishing paternity or pursuing a child-support order, such as battering or threat of harm; despite a diligent effort by the custodial parent, a child-support order is not available in a reasonable period of time for reasons outside the custodial parent’s control; or, the child resides with both parents and paternity has been acknowledged or adjudicated.

Cash public assistance, as well as Food Stamps, is delivered through Electronic Benefits Transfer (EBT) in New York State. Beneficiaries receive a plastic card in the mail, which is used to obtain access to benefits to buy food and other items and to withdraw cash. This one card provides access both to cash assistance and Food Stamp accounts (if receiving Food Stamps). Two free cash withdrawal ATM's are provided without surcharge. Each extra ATM transaction costs 50 ¢; this fee is taken automatically out of the cash benefit account.

Beneficiaries can telephone 1-888-328-6399 for the balance on the cards. This is a free call. FA recipients, except for CAP recipients, are automatically eligible for Food Stamps and Medicaid.

Recipients may also be eligible for job skills training provided through the New York State Department of Labor's InVEST Program; parenting skills services offered through the New York State Office of Children and Family Services; job coach/mentor programs offered through the Department of Labor; wrap-around services for persons in need of substance abuse services through the New York State Office of Temporary and Disability Assistance; wage subsidies offered by the State Department of Labor; and health care worker recruitment and training offered by the New York State Department of Health.

Recipients are guaranteed childcare for children under 13, if necessary for parent or caretaker’s participation in work activities or in order to accept or keep a job. Transitional childcare assistance is guaranteed for up to 12 months for families leaving TANF for employment until their income exceeds a county-established limit that cannot exceed 200% of the poverty level. To receive the 12-month guarantee, the household must have received FA in 3 of the preceding 6 months.

Teenage mothers receiving assistance are required to attend school or work and to
live with their parents. Families may access teen pregnancy prevention programs, including abstinence education.

Level:
A recipient's benefit equals the difference between countable income (income after specified deductions) and the maximum benefit. If countable income exceeds the maximum benefit, the family is not eligible for assistance. The benefit calculation for families in the basic cash assistance program (FA) is different from the calculation for families in the Child Assistance Program (CAP). The average monthly cash benefit a family if $291.00.

Maximum monthly benefit for a family of three with no income living in New York City is $691. The corresponding maximum monthly benefit for a single individual is $352. New York State's highest level for a family of three is $703.

For families in the basic cash assistance program, countable income equals gross monthly income less the deductions in the following order: up to $50 in child support income or $90 and 50% of remaining earnings.

Note: The percentage of earnings that is disregarded is adjusted upward annually under a formula set in New York State law.

Heads of households and adult recipients of FA must be screened for alcoholism and/or substance abuse no later than the next recertification, and thereafter whenever the local DSS has evidence to indicate potential alcohol and/or drug abuse but no more frequently than every 6 months. If the screening process indicates that there is reason to believe that an applicant or recipient is abusing or dependent on alcohol or drugs, the local DSS will require a formal assessment. All adult applicants/recipients and heads of households who are determined to be not employable due to alcohol/drug abuse (as determined by the formal assessment) must participate in appropriate alcohol/drug rehabilitation treatment as a condition of eligibility for public assistance.

Changes in Benefit Levels:
B y Act of the New York State Legislature with the signature of the Governor.

Where and How to Apply:

Applicants should telephone or visit the local Department of Social Services (DSS) in the county or New York City to request an application package.

Applications for Public Assistance programs in Nassau County are taken at the Department of Social Services, 60 Charles Lindbergh Blvd., Uniondale, NY 11553. A satellite office is located at 450 N. Main Street, Freeport, NY 11520. Hours are Monday through Friday from 8:30AM to 8:00PM on Thursdays.

In Suffolk County, applications are taken at the Suffolk County DSS, 3085 Veterans Memorial Highway, Ronkonkoma, NY 11788-8900. Telephone: 1-631-854-9700.

For a list of local DSS offices in New York State, access this web site:
http://www.health.state.ny.us/nysdoh/medicaid/ldss.htm

After an application is filed, an appointment will be made for an eligibility interview. The applicant will be asked to supply documentation to verify the information on the application form. All household members aged 18 years or older will be finger imaged. Determination of the application is made within 30 days, and the applicant will be notified of the decision by letter.

Financing:

Levels of Government:
FA is jointly financed by the federal government and by the state and local governments. The federal share is approximately 50% and the remainder is split equally between the state and the local or county governments.

Local Social Service Districts' (LSSD) costs for TA benefits historically have been reimbursed at 50 percent from separate TANF funds and 25 percent State, provided that the State meets the TANF Maintenance of Effort (MOE) requirements. Certain programs that have little or no LSSD operational requirements are funded separately by TANF. These programs include Alternatives to Incarceration, Adolescent Pregnancy Prevention Services, Food Pantries, Home Visiting Program, Pregnancy Prevention and the Women, Infants and Children (WIC) nutrition program.

Types of Taxes:
The federal share comes from general revenues, 89% of which were derived from individual and corporate income taxes in 2005. State and local general revenues are the source of the non-federal share. State general revenues are 95% of which are derived from: income taxes (45%); sales tax (28%); charges for education, hospitals, etc. and miscellaneous taxes (22%) (2003-2004).

The federal law allows states to transfer up to 30% of TANF funds to the Child Care and Development Block Grant (CCDBG) and the Title XX Social Services Block Grant (SSBG), but sets a limit of 10% on the share that can go to SSBG. States may use TANF funds, within the overall 30% transfer limit, as state matching funds for job access grants to provide transportation services to TANF recipients and ex-recipients, non-custodial parents of TANF children, and those at “risk” of becoming eligible for TANF.


Administration:

At the federal level, TANF is administered by the Department of Health and Human Services, Administration for Children and Families.

In New York State the Office of Temporary and Disability Assistance of the Department of Family Assistance administers and supervises those portions of the State’s program operated with TANF Block Grant funds. Those portions of the program relating to training and work programs are administered and supervised by the New York State Department of Labor.

These Departments will work cooperatively with the New York State Department of Health.

Procedures for Appeal:

Applicants or recipients who feel they have been unfairly denied benefits by the local DSS have the right to appeal to the Office of Administrative Hearings, an office within Office of Temporary and Disability Assistance. A Fair Hearing is an administrative law procedure in which a determination made by the local DSS is challenged. Based upon New York State (and Federal regulations), the Fair Hearing provides the opportunity to respond to DSS’s evidence and arguments and to present evidence and arguments before an impartial Administrative Law Judge.

To request a Fair Hearing, applicants, recipients, or their representatives (lawyers, social workers, translators, etc.) should write to:

A request may also be submitted online using a form from the website:
https://www.otda.state.ny.us/oah/oahforms/erequestform.asp

Except for hearings which are given priority in scheduling, at least 10 calendar days prior to the date of the Fair Hearing, a written notice will be sent by the Office of Administrative Hearings to the appellant, the appellant's authorized representative and the relevant, local DSS.

The following persons may be present at a Fair Hearing: the appellant who has requested the Fair Hearing; the appellant's representative; counsel or other representatives of the social services agency; and witnesses of either party and any who may be called by the hearing officer; and an interpreter; and any other person admitted at the hearing officer's discretion, with the consent of the appellant.
To request an adjournment of a scheduled Fair Hearing, clients and their representatives may telephone: 877-209-1134.
At a Fair Hearing concerning the denial of an application for or the adequacy of public assistance, Medicaid, HEAP, Food Stamps or services, the appellant must establish that the agency's denial of assistance or benefits was not correct or that the appellant is eligible for a greater amount of assistance or benefits. Except where otherwise established by law or regulation, in Fair Hearings concerning the discontinuance, reduction, or suspension of public assistance, Medicaid, Food Stamps or services, the local DSS must establish that its actions were correct.

Upon issuance, the decision of a Fair Hearing is final and binding upon social services agencies and must be complied with. A copy of the decision, accompanied by written notice to the appellant of the right to judicial review, is sent to each of the parties and to their representatives, if any. In addition, such notice will advise the appellant that the appellant or the appellant's authorized representative may request the assistance of the Office of Temporary and Disability Assistance in obtaining compliance with the decision. If the appellants get "aid continuing" and lose the Fair Hearing, the will have to pay back any Public Assistance and/or Food Stamps they got while they were waiting for the Fair Hearing decision. Also, if they do get "aid continuing" and they lose the Fair Hearing, they may have to pay back any Medical Assistance they got while they were waiting for the Fair Hearing decision.

For all decisions, except those involving Food Stamp issues only, definitive and final administrative action must be taken promptly, but in no event more than 60 days from the date of the request for a Fair Hearing. For all cases involving Food Stamp issues only, the decision must be issued and the parties notified of the decision within 90 days of receipt of the request for the Fair Hearing by the department. Upon receipt of a complaint that a social services agency has not complied with the Fair Hearing decision, the Office of Temporary and Disability Assistance will secure compliance by whatever means is deemed necessary and appropriate under the circumstances of the case.