Bill Text: NY A01389 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires a local social services district to accept or deny an application for public assistance as soon as possible but no later than thirty days after the date of the application.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to social services [A01389 Detail]

Download: New_York-2023-A01389-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1389

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 17, 2023
                                       ___________

        Introduced  by M. of A. AUBRY -- read once and referred to the Committee
          on Social Services

        AN ACT to amend the social services law, in relation to applications for
          public assistance and to repeal certain provisions of such law  relat-
          ing thereto

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 8 of section 153 of the social services law  is
     2  REPEALED.
     3    § 2. Section 131 of the social services law is amended by adding a new
     4  subdivision 21 to read as follows:
     5    21.  The  decision  of the local social services district to accept or
     6  deny an application for public assistance  shall  be  made  as  soon  as
     7  possible,  but  no later than thirty days after the date of the applica-
     8  tion, except where the  applicant  requests  additional  time  or  where
     9  difficulties  in  verification  lead  to  unusual delay or other reasons
    10  beyond the control of the local social services official.
    11    § 3. Paragraph (b) of subdivision  5  of  section  22  of  the  social
    12  services  law,  as amended by chapter 41 of the laws of 1992, is amended
    13  to read as follows:
    14    (b) Failure to act upon any application [within] as soon  as  possible
    15  but  no  later  than  thirty days after filing[, except applications for
    16  home relief], or failure to comply with laws and  regulations  requiring
    17  that priority be given to certain applications for assistance[, or fail-
    18  ure  to  act  on  any application for home relief within forty-five days
    19  after filing].
    20    § 4. Subdivision 13 of section 131-a of the social  services  law,  as
    21  added by chapter 477 of the laws of 2000, is amended to read as follows:
    22    13.  Pursuant to regulations of the office of temporary and disability
    23  assistance, public assistance eligibility shall, to the extent permitted
    24  by federal law, not lapse solely by reason of the  death  of  the  adult

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03904-01-3
        A. 1389                             2

     1  relative  caretaker  of  a minor child, until arrangements are completed
     2  for the addition of the child to another  public  assistance  household,
     3  reclassification of the case, foster care or other appropriate financial
     4  support.  [For  purposes  of  subdivision  eight  of section one hundred
     5  fifty-three of this article, safety net assistance given to such a child
     6  during the first forty-five days after  application  therefor  shall  be
     7  regarded as being given to meet emergency circumstances.]
     8    §  5.  Subdivision  4  of  section  158 of the social services law, as
     9  amended by section 1 of part U of chapter 56 of the  laws  of  2022,  is
    10  amended to read as follows:
    11    4.  Social  services  officials shall determine eligibility for safety
    12  net assistance [within] as soon as possible, but no  later  than  thirty
    13  days  after  the date of receiving an application for safety net assist-
    14  ance. Such officials shall notify applicants of  safety  net  assistance
    15  about  the availability of assistance to meet emergency circumstances or
    16  to prevent eviction.
    17    § 6. This act shall take effect immediately.