N.Y. Social Services Law Section 152-D
Replacement of stolen public assistance


1.

Notwithstanding § 350-J (Emergency assistance to needy families with children)section three hundred fifty-j of this article and subdivision eleven of § 131 (Assistance, care and services to be given)section one hundred thirty-one of this title, and in accordance with this section, public assistance recipients shall receive replacement assistance for the loss of public assistance, as defined in subdivision nineteen of § 2 (Definitions)section two of this chapter, in instances when such public assistance has been stolen as a result of card skimming, cloning, third party misrepresentation or other similar fraudulent activities, consistent with guidance issued by the office of temporary and disability assistance.

2.

The office of temporary and disability assistance shall establish a protocol for recipients to report incidents of stolen public assistance. This protocol will be administered by social services districts pursuant to guidance issued by the office of temporary and disability assistance.

3.

Social services districts shall promptly replace stolen public assistance, however, such replacement shall occur no later than five business days after the social services district has verified the public assistance was stolen in accordance with guidance established by the office of temporary and disability assistance consistent with federal and state laws, regulations and guidance, provided, however, that social services districts shall not ask recipients to obtain a police report or require any other interaction with law enforcement unless required by federal law, regulation, or guidance for either public assistance or supplemental nutrition assistance program benefits.

4.

For public assistance that is verified as stolen, replacement assistance shall be provided by the social services district in accordance with this section as follows:

(a)

the lesser of:

(i)

the amount of public assistance that was stolen; or

(ii)

the amount of public assistance equal to two months of the monthly allotment of the household immediately prior to the date upon which the public assistance was stolen; provided, however, the commissioner may promulgate regulations for the provision of additional replacement assistance in extenuating circumstances consistent with federal and state laws, regulations and guidance; and

(b)

(i) no more than twice in a federal fiscal year to cover public assistance stolen on or after January first, two thousand twenty-two through September thirtieth, two thousand twenty-four; or

(ii)

no more than once in a federal fiscal year to cover public assistance stolen on or after October first, two thousand twenty-four.

5.

Any replacement assistance provided under this section shall be exempt from recoupment and recovery provisions under title six of article 3 (Local Public Welfare Organization)article three of this chapter; provided, however, that assistance shall not be exempt from recoupment and recovery if it is later determined that the public assistance that was replaced pursuant to this section was not stolen as a result of card skimming, cloning, third party misrepresentation or other similar fraudulent activities.

6.

The office of temporary and disability assistance shall make a model sign available on its website that can be used by any person, firm, partnership, association or corporation required to inform individuals about electronic benefit transfer scams, including, but not limited to, skimming, and the steps they can take to protect their benefits in accordance with General Business Law § 390-E (Unauthorized installation of certain security devices prohibited)section three hundred ninety-e of the general business law.

Source: Section 152-D — Replacement of stolen public assistance, https://www.­nysenate.­gov/legislation/laws/SOS/152-D (updated Mar. 29, 2024; 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:
Mar. 29, 2024

§ 152-D’s source at nysenate​.gov

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