§ 212. Responsibility; financing. 1. If there is no agreement in effect for federal administration of additional state payments pursuant to section two hundred eleven of this title, the commissioner of the office of temporary and disability assistance shall be responsible for providing such payments to eligible residents of the state as required by this title and shall:

Terms Used In N.Y. Social Services Law 212

  • Additional state payments: shall mean payments made to aged, blind and disabled persons who are receiving, or who would but for their income be eligible to receive, federal supplemental security income benefits, whether made by the office of temporary and disability assistance in accordance with the provisions of this title and with title sixteen of the federal social security act, or by the commissioner of the United States social security administration, pursuant to and in accordance with the provisions of this title, title sixteen of the federal social security act, and provisions of any agreement entered into between the state and such commissioner by which the commissioner agrees to administer such additional state payments on behalf of the state. See N.Y. Social Services Law 208
  • disabled: shall mean a person having a disability as so defined in § 292 of the executive law. See N.Y. Social Services Law 326-B
  • secretary: shall mean the secretary of the federal department of health, education and welfare. See N.Y. Social Services Law 208

(a) accept and process applications for additional state payments to be made pursuant to this title;

(b) determine eligibility for and the amount of additional state payments in accordance with this title;

(c) redetermine eligibility periodically as the office may require; provided, however, that any such redeterminations shall be no more frequent than provided by the applicable regulations of the United States social security administration; and

(d) take all other actions necessary to effectuate the provisions of this title.

2. If there is in effect an agreement for the federal administration of additional state payments, the state shall be responsible for paying to the secretary an amount equal to: (a) the amount expended under the state's programs of old age assistance, assistance to the blind and aid to the disabled during the calendar year, nineteen hundred seventy-two, less any federal funds properly received on account of such expenditures; plus (b) any amounts in addition to such sum as may be required by the agreement.