Section 158. Eligibility

1. A person is eligible for safety net assistance
  who is financially needy as determined in accordance with title  one  of
  this  article  and  the  regulations  promulgated  thereunder, is not in
  sanction status for a program authorized by this chapter and:
    (a) resides in a family which is ineligible for family  assistance  or
  other  assistance  funded  by the federal temporary assistance for needy
  families block grant because an adult in the  family  has  exceeded  the
  maximum  durational limits on such assistance contained in section three
  hundred fifty of this chapter, or
    (b) is an adult who would otherwise be eligible for family  assistance
  except that he or she does not reside with a dependent child, or
    (c)  resides  in  a family that would otherwise be eligible for family
  assistance except that at least one adult or minor head of household has
  been determined in accordance with section  one  hundred  thirty-two  of
  this  article  to  be  abusing  illegal  substances  or  engaging in the
  habitual and excessive consumption of alcoholic beverages, or
    (d) is under the age of eighteen, not living with his or her child and
  has no adult relatives with whom to reside, or
    (e) resides in a family in  which  a  person  required  to  submit  to
  screening  or  evaluation  for  use  of  illegal drugs or excess alcohol
  consumption pursuant to section one hundred thirty-two of  this  article
  refused to comply, or
    (f)  resides  in  a  family  which includes a person disqualified from
  receiving assistance pursuant to paragraph (f) of  subdivision  four  of
  section one hundred thirty-two of this article, or
    (g)  is  a  qualified  alien  who  is ineligible to receive assistance
  funded under the temporary assistance for  needy  families  block  grant
  solely  because  of  section  four hundred three of the federal personal
  responsibility and work opportunity reconciliation  act  of  1996  (P.L.
  104-193)  or  is an alien who is permanently residing under color of law
  but is not a qualified alien.
    2. A person who shall be eligible for family assistance  according  to
  the  provisions  of  title  ten  of this article shall be granted family
  assistance and while receiving such aid shall not be eligible for safety
  net assistance. A person who is receiving federal supplemental  security
  income  payments  and/or additional state payments shall not be eligible
  for safety net assistance. A person who is  eligible  for  refugee  cash
  assistance  pursuant  to  the plan established pursuant to section three
  hundred fifty-eight of this article shall not be eligible for safety net
  assistance. An applicant for or recipient of safety net assistance shall
  be required, as a condition of eligibility for safety net assistance, to
  sign a written authorization  allowing  the  secretary  of  the  federal
  department  of  health  and human services to pay to the social services
  district his or her initial supplemental  security  income  payment  and
  allowing  the social services district to deduct from his or her initial
  payment the amount of safety net assistance granted for  any  month  for
  which   he  or  she  subsequently  is  determined  eligible  to  receive
  supplemental  security  income  benefits.  For  the  purposes  of   this
  subdivision  the term "initial payment" shall refer to the first payment
  of supplemental  security  income  benefits  after  a  person  files  an
  application  for  benefits  or after a person who has been terminated or
  suspended from eligibility for  supplemental  security  income  benefits
  subsequently has been found eligible for such benefits. An applicant for
  safety  net  assistance  who reasonably appears to meet the criteria for
  eligibility for federal supplemental security income payments shall also
  be required, as a condition of eligibility for safety net assistance, to
  apply for such payments and shall, if otherwise  eligible  therefor,  be
  eligible  for  safety  net  assistance  until  he  or she has received a

  federal supplemental security income payment. Further, if  an  applicant
  for  safety net assistance is required to apply for federal supplemental
  security  payments  and  is  denied,  such  person  shall,  subject   to
  department regulation, also be required as a condition of eligibility to
  appeal his or her denial and exhaust his or her administrative remedies;
  such  person shall remain eligible for safety net assistance, so long as
  he or she otherwise remains eligible while his or her appeal is pending.
    3. A person shall not be eligible for safety net  assistance  who  has
  made  a  voluntary assignment or transfer of property for the purpose of
  qualifying for such aid. A transfer of property made within one year  of
  the  date  of  application  shall  be presumed to have been made for the
  purpose of qualifying for such assistance.
    4. Social services officials shall determine  eligibility  for  safety
  net  assistance  within  forty-five days of receiving an application for
  safety net assistance. Such officials shall notify applicants of  safety
  net  assistance  about  the availability of assistance to meet emergency
  circumstances or to prevent eviction.
    * 5. Application for or receipt of safety net assistance shall operate
  as an assignment to the state and the social services district concerned
  of any rights to support from any other  person  as  such  applicant  or
  recipient  may have on their own behalf or on behalf of any other family
  member for whom the applicant or recipient is applying for or  receiving
  assistance.  Applicants for or recipients of safety net assistance shall
  be informed that such application for or receipt of such  benefits  will
  constitute  such  an  assignment.  Such  assignment shall terminate with
  respect to current support rights upon a  determination  by  the  social
  services  district that such person is no longer eligible for safety net
  assistance, except with respect to the  amount  of  any  unpaid  support
  obligation that has accrued.
    * NB Effective until October 1, 2009
    * 5. Application for or receipt of safety net assistance shall operate
  as an assignment to the state and the social services district concerned
  of  any  rights  to  support that accrue during the period that a family
  receives safety net assistance from any other person as  such  applicant
  or  recipient  may  have  either on their own behalf or on behalf of any
  other family member for whom the applicant or recipient is applying  for
  or  receiving  assistance.  Applicants  for  or recipients of safety net
  assistance shall be informed that such application  for  or  receipt  of
  such  benefits will constitute such an assignment. Such assignment shall
  terminate with respect to current support rights upon a determination by
  the social services district that such person is no longer eligible  for
  safety  net  assistance, except with respect to the amount of any unpaid
  support obligation that has accrued during  the  period  that  a  family
  received safety net assistance.
    * NB Effective October 1, 2009
    * 6. In addition to other eligibility requirements, each person who is
  applying  for  or  receiving  assistance  under  this  title, and who is
  otherwise eligible for assistance under this title, shall  be  required,
  as a further condition of eligibility for such assistance:
    (i) to assign to the state and the social services district any rights
  to support such person may have either on his own behalf or on behalf of
  any  other  family  member for whom he is applying for or receiving aid;
  and
    (ii) to cooperate with the state and the social services official,  in
  accordance  with  standards established by regulations of the department
  consistent  with  federal  law  and  regulations,  in  establishing  the
  paternity  of a child born out-of-wedlock for whom assistance under this
  title is being applied for or received, in their efforts to  locate  any

  absent parent and in obtaining support payments or any other payments or
  property  due  such  person and due each child for whom assistance under
  this title is being applied for or received, except that an applicant or
  recipient shall not be required to cooperate in such efforts in cases in
  which  the  social  services official has determined, in accordance with
  criteria, including the best interests of the child, as  established  by
  regulations   of   the   department  consistent  with  federal  law  and
  regulations, that such applicant or recipient has good cause  to  refuse
  to  cooperate. Each social services district shall inform applicants for
  and recipients of safety net assistance required to cooperate  with  the
  state  and local social services officials pursuant to the provisions of
  this paragraph, that where a proceeding to establish paternity has  been
  filed,   and  the  allegation  of  paternity  has  been  denied  by  the
  respondent, there shall be a  stay  of  all  paternity  proceedings  and
  related  social services district proceedings until sixty days after the
  birth of the  child.  Such  applicants  and  recipients  shall  also  be
  informed  that  public  assistance and care shall not be denied during a
  stay on the basis of refusal to cooperate pursuant to the provisions  of
  this paragraph.
    * NB Effective until October 1, 2009
    * 6. In addition to other eligibility requirements, each person who is
  applying  for  or  receiving  assistance  under  this  title, and who is
  otherwise eligible for assistance under this title, shall  be  required,
  as a further condition of eligibility for such assistance:
    (i) to assign to the state and the social services district any rights
  to  support  that accrue during the period that a family receives safety
  net assistance from any other person as such applicant or recipient  may
  have  either on their own behalf or on behalf of any other family member
  for whom the  applicant  or  recipient  is  applying  for  or  receiving
  assistance; and
    (ii)  to cooperate with the state and the social services official, in
  accordance with standards established by regulations of  the  office  of
  temporary  and  disability  assistance  consistent  with federal law and
  regulations,  in  establishing   the   paternity   of   a   child   born
  out-of-wedlock for whom assistance under this title is being applied for
  or  received,  in  their  efforts  to  locate  any  absent parent and in
  obtaining support payments or any other payments or  property  due  such
  person  and due each child for whom assistance under this title is being
  applied for or received, except that an applicant or recipient shall not
  be required to cooperate in such efforts in cases in  which  the  social
  services official has determined, in accordance with criteria, including
  the  best  interests  of the child, as established by regulations of the
  office of temporary and disability assistance  consistent  with  federal
  law  and regulations, that such applicant or recipient has good cause to
  refuse  to  cooperate.  Each  social  services  district  shall   inform
  applicants  for  and  recipients  of  safety  net assistance required to
  cooperate with the state and local social services officials pursuant to
  the provisions of this paragraph, that where a proceeding  to  establish
  paternity  has  been  filed,  and  the  allegation of paternity has been
  denied by the respondent,  there  shall  be  a  stay  of  all  paternity
  proceedings and related social services district proceedings until sixty
  days  after the birth of the child. Such applicants and recipients shall
  also be informed that public assistance and care  shall  not  be  denied
  during  a  stay  on  the  basis  of refusal to cooperate pursuant to the
  provisions of this paragraph.
    * NB Effective October 1, 2009
    7. As a condition  of  eligibility  for  the  receipt  of  safety  net
  assistance, every applicant for such assistance must:

    (i)  sign  an  agreement which provides that, if it is determined that
  money is owed to the social services district because of overpayments of
  safety net assistance to the applicant while a recipient of  safety  net
  assistance,  the  applicant  agrees to repay any such money that remains
  due after the applicant ceases to receive safety net assistance; and
    (ii) sign an assignment of future earnings on a form prescribed by the
  department  to  secure  the  repayment  of any money that is determined,
  after providing the opportunity for a fair hearing  in  accordance  with
  section  twenty-two  of  this chapter, to be owed to the social services
  district because  of  overpayments  of  safety  net  assistance  to  the
  applicant  while  a  recipient  of safety net assistance. The prescribed
  form shall include the following notice: "THIS AGREEMENT AUTHORIZES  THE
  SOCIAL  SERVICES  DISTRICT  TO  RECOVER  ANY  OVERPAYMENT OF YOUR PUBLIC
  ASSISTANCE BENEFITS BY COLLECTING THE AMOUNT OF THE OVERPAYMENT DIRECTLY
  FROM YOUR FUTURE WAGES. IF YOU FAIL TO MAKE THE PAYMENTS REQUIRED  BY  A
  REPAYMENT  AGREEMENT  BETWEEN  YOU AND THE SOCIAL SERVICES DISTRICT, THE
  SOCIAL SERVICES DISTRICT WILL FILE THIS AGREEMENT WITH YOUR EMPLOYER AND
  RECOVER THE OVERPAYMENT DIRECTLY FROM  YOUR  WAGES."  In  addition,  the
  assignment  of  future  earnings and the enforcement thereof must comply
  with all requirements of article three-A of the personal  property  law.
  The  social services district may file the assignment of future earnings
  with the employer of the assignor only if the  assignor  fails  to  make
  payments  of  money  owed  to the social services district in accordance
  with the agreement required in paragraph (i) of this subdivision.
    8. No person who resides with his or her minor child shall be eligible
  for safety net assistance except as provided in subdivision one of  this
  section.