(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 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.
Structure New York Laws
Article 5 - Assistance and Care
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-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; Agreements.
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; Condition of Eligibility.
131-Q - Electronic Payment File Transfer System Pilot Project.
131-R - Liability for Reimbursement of Public Assistance Benefits.
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; Special Provisions.
133 - Temporary Preinvestigation Emergency Needs Assistance or Care.
133-A - Contracts for Distribution of Public Assistance Grants.
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.
138-A - Responsibility of the Department for Recipients in Family Care.
139-A - Special Provisions to Avoid Abuse of Assistance and Care.
142 - Exclusiveness of Eligibility Requirements.
143-B - Avoidance of Abuses in Connection With Rent Checks.
143-C - Avoidance of Abuses in Connection With Rent Security Deposits.
144-A - Information to Be Given to Officials of the Department and of Social Services Districts.
145-B - False Statements; Actions for Treble Damages.
146 - Penalty for the Sale or Exchange of Assistance Supplies.
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.
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; Unclaimed Funds.