N.Y. Social Services Law Section 134-A
Conduct of investigation


1.

In accordance with regulations of the department of family assistance, any investigation or reinvestigation of eligibility for public assistance and care, other than medical assistance, shall be limited to those factors reasonably necessary to insure that expenditures shall be in accord with applicable provisions of this chapter and the regulations of the department and shall be conducted in such manner so as not to violate any civil right of the applicant or recipient. Such regulations of the department shall provide that where inconsistencies and gaps in the information presented by a recipient or where other circumstances in the particular case would indicate to a prudent person, that further inquiry should be made, additional necessary information is to be sought except further that the department shall provide by regulations which are consistent with federal law for matching of data supplied by or about recipients with information contained in the wage reporting system established pursuant to Tax Law § 171-A (Deposit and disposition of revenue)section one hundred seventy-one-a of the tax law and similar systems in other geographically contiguous states, and such regulations shall further provide to the extent mandated by federal law for matching with the non-wage income file maintained by the United States internal revenue service, with the benefits and earnings data exchange maintained by the United States department of health and human services, and with the unemployment insurance benefits file. In making such investigation or reinvestigation, sources of information, other than records maintained by a public agency, shall be consulted only with the permission of the applicant or recipient. However, if such permission is not granted by the applicant or recipient, the appropriate social services official may deny, suspend or discontinue public assistance or care until such time as he may be satisfied that such applicant or recipient is eligible therefor. Nothing in this section shall be construed to prohibit activities the department reasonably believes necessary to conform with Federal requirements under section one thousand one hundred thirty-seven of the social security act. The activities authorized by this section may be initiated only with regard to those clients who have been given appropriate notice of verification activity under article six-A of the public officers law.

2.

At the time he applies for public assistance and care, an applicant shall, as a condition of receiving such aid, present proof of his identity to the social services official as the department may by regulation require, and he shall provide such proof thereafter whenever required by such official.

3.

The social services official shall require that persons applying for or receiving public assistance and care be interviewed personally at a time and in a manner provided by the regulations of the department, and the social services official may provide the option of a phone interview or other digital means for such interview at the request of the applicant or recipient.

4.

Notwithstanding any other provisions of this chapter, the department may provide for a comparison of information identifying a recipient of benefits under any program authorized under this chapter with identifying information possessed by state agencies in other states administering programs similar to those authorized by this chapter regarding recipients of such programs. Such a comparison shall be authorized only with regard to clients who have received appropriate notice under the personal privacy protection law, which notice shall be deemed compliance with the provisions of subdivision one of this section. Should the comparison of identifying information indicate that the client in question is or has been simultaneously receiving benefits in both states, the department may, in its discretion, authorize exchange of income, benefit, and other case information with the state agency of the other state.

5.

The social services official upon receipt of information concerning a sentence of imprisonment imposed upon a person receiving public assistance shall make a reinvestigation of eligibility.

Source: Section 134-A — Conduct of investigation, https://www.­nysenate.­gov/legislation/laws/SOS/134-A (updated Oct. 15, 2021; accessed Apr. 27, 2024).

131
Assistance, care and services to be given
131‑A
Monthly grants and allowances of public assistance
131‑AA
Monthly statistical reports
131‑AAA
Availability of adverse childhood experiences services
131‑B
Fees for services
131‑BB
Family homelessness and eviction prevention supplement program
131‑C
Inclusion of parents and siblings of a minor in the public assistance household
131‑D
Substance abuse rehabilitative and preventive services
131‑E
Family planning services
131‑F
Retroactive social security benefit increases
131‑G
Authority to accept public and private gifts
131‑H
Authority to operate family homes for adults
131‑I
Social services districts
131‑I*2
Family loan program
131‑J
Certain utility deposits
131‑K
Undocumented noncitizens
131‑L
Exclusion of agent orange benefits
131‑M
Information on resource referral services
131‑N
Exemption of income and resources
131‑O
Personal allowances accounts
131‑P
Group health insurance benefits
131‑Q
Electronic payment file transfer system pilot project
131‑R
Liability for reimbursement of public assistance benefits
131‑S
Payments made for utility service for recipients of public assistance benefits, supplemental security income benefits or additional state...
131‑SS
Automated identification of OTDA assistance program participants
131‑T
Periodic reporting
131‑U
Domestic violence services
131‑V
Temporary emergency shelter
131‑W
Limitations in the payment of rent arrears
131‑X
Reverse mortgage loans
131‑Z
Child assistance program
131‑ZZ
Child poverty reduction
132
Investigation of applications
132‑A
Children born out of wedlock
133
Temporary preinvestigation emergency needs assistance or care
133‑A
Contracts for distribution of public assistance grants
134
Supervision
134‑A
Conduct of investigation
134‑B
Front end detection system
134‑C
Requirement to publicly post information
135
Cooperation of public welfare officials
136
Protection of public welfare records
136‑A
Information from state tax commission and the comptroller
137
Exemption from levy and execution
137‑A
Exemption of earnings of recipients from assignment, income execution and installment payment order
138‑A
Responsibility of the department for recipients in family care
139‑A
Special provisions to avoid abuse of assistance and care
141
Burial of the dead
142
Exclusiveness of eligibility requirements
142‑A
Federal economic opportunity act grants or payments
142‑B
Federal manpower development training act and elementary and secondary education act grants or payments
143
Information to be given by employers of labor to social services officials, the department, family court and the state department of ment...
143‑A
Information to be given to public welfare officials by retail instalment sellers, small loan companies and sales finance companies
143‑B
Avoidance of abuses in connection with rent checks
143‑C
Avoidance of abuses in connection with rent security deposits
144
Power of public welfare officials and service officers to administer oaths
144‑A
Information to be given to officials of the department and of social services districts
145
Penalties
145‑A
Judgment liens
145‑B
False statements
145‑C
Sanctions
146
Penalty for the sale or exchange of assistance supplies
147
Misuse of food stamps, food stamp program coupons, authorization cards and electronic access devices
148
Penalty for unlawfully bringing a needy person into a public welfare district
149
Penalty for bringing a needy person into the state
150
Penalty for neglect to report or for making false report
151
Penalties for cashing public assistance checks or accepting electronic benefit transfers from public assistance recipients
152
Payments to the New York public welfare association
152‑A
Burial reserves for certain recipients of public assistance or care from assigned assets
152‑B
Surplus after recovery of cost of public assistance and care
152‑C
Menstrual products
152‑D
Replacement of stolen public assistance

Accessed:
Apr. 27, 2024

Last modified:
Oct. 15, 2021

§ 134-A’s source at nysenate​.gov

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