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(e) Residents of food stamp (FS) eligible drug or alcoholic treatment centers. The FS certification of residents of FS eligible drug or alcoholic treatment centers, as defined in section 387.1 of this Part, must be made through an authorized representative. Such residents must have their eligibility determined as a one-person household except when children live with their parent or parents in a drug or alcoholic treatment center. Residents of FS eligible drug or alcoholic treatment centers will have their FS benefits calculated in accordance with this Part and as set forth below:
(1) Residents receiving care in drug or alcoholic treatment facilities or Congregate Care Level 2 facilities.
(i) Public assistance (PA) recipients receiving care, but not residing in Congregate Care Level 2 facilities. The income of family assistance (FA) or safety net assistance (SNA) recipients receiving care and residing in drug or alcoholic treatment facilities who are in receipt of FA or SNA, but are not “receiving residential care” as defined in section 209(3)(d) of the Social Services Law will be treated as follows:
(a) countable income will be equal to the district's maximum monthly FA or SNA grant for basic needs, the home energy allowance (HEA), the supplemental home energy allowance (SHEA) and the appropriate shelter allowance for a household of the equivalent size with no income, as set forth in section 352.3(a)(1) of this Title; provided, however, that if applicable and a lower amount, countable income will be the sum of the room and board allowance set forth in section 352.8(b)(1) plus the personal needs allowance (PNA) as set forth in section 352.8(c)(1)(i);
(b) shelter cost will be equal to the amount determined in clause ( a ) of this subparagraph less for each person in the FS household a PNA, as set forth in section 352.8(c)(1)(i) of this Title, if applicable, and the amount of a one-person thrifty food plan, as defined in section 387.1 of this Part.
(ii) Non-PA recipients receiving care, but not residing in Congregate Care Level 2 facilities. The income of households receiving care and residing in drug or alcoholic treatment facilities who are not in receipt of FA or SNA and are not “receiving residential care” as defined in section 209(3)(d) of the Social Services Law will be treated as follows:
(a) countable income will be equal to the sum of each individual's earned and unearned income, as set forth in this Part;
(b) shelter cost will be equal to the amount determined in clause ( a ) of this subparagraph less for each person in the FS household a PNA, as set forth in section 352.8(c)(1)(i) of this Title, if applicable, and the amount of a one-person thrifty food plan, as defined in section 387.1 of this Part.
(iii) Residents of Congregate Care Level 2 facilities. The income of individuals residing in drug or alcoholic treatment facilities that are Congregate Care Level 2 facilities and “receiving residential care” as defined in section 209(3)(d) of the Social Services Law will be treated as follows:
(a) countable income will be equal to the sum of the following:
(1) Supplemental Security Income (SSI) Living with Others rate, as set forth in section 209(2)(b) of the Social Services Law or the actual unearned income received by the resident, whichever is less;
(2) the amount by which unearned income exceeds the SSI Congregate Care Level 2 rate, as set forth in section 209(2)(d) of the Social Services Law; and
(3) all earned income;
(b) shelter cost will be equal to the SSI Living with Others rate, as set forth in section 209(2)(b) of the Social Services Law or the actual unearned income received by the resident, whichever is less, less for each person in the FS household the SSI Level 2 PNA, as set forth in section 131-o(1)(b) of the Social Services Law, if applicable, and less the amount of a one-person thrifty food plan, as defined in section 387.1 of this Part.
(i) Public assistance (PA) recipients receiving care, but not residing in Congregate Care Level 2 facilities. The income of family assistance (FA) or safety net assistance (SNA) recipients receiving care and residing in drug or alcoholic treatment facilities who are in receipt of FA or SNA, but are not “receiving residential care” as defined in section 209(3)(d) of the Social Services Law will be treated as follows:
(a) countable income will be equal to the district's maximum monthly FA or SNA grant for basic needs, the home energy allowance (HEA), the supplemental home energy allowance (SHEA) and the appropriate shelter allowance for a household of the equivalent size with no income, as set forth in section 352.3(a)(1) of this Title; provided, however, that if applicable and a lower amount, countable income will be the sum of the room and board allowance set forth in section 352.8(b)(1) plus the personal needs allowance (PNA) as set forth in section 352.8(c)(1)(i);
(b) shelter cost will be equal to the amount determined in clause ( a ) of this subparagraph less for each person in the FS household a PNA, as set forth in section 352.8(c)(1)(i) of this Title, if applicable, and the amount of a one-person thrifty food plan, as defined in section 387.1 of this Part.
(a) countable income will be equal to the district's maximum monthly FA or SNA grant for basic needs, the home energy allowance (HEA), the supplemental home energy allowance (SHEA) and the appropriate shelter allowance for a household of the equivalent size with no income, as set forth in section 352.3(a)(1) of this Title; provided, however, that if applicable and a lower amount, countable income will be the sum of the room and board allowance set forth in section 352.8(b)(1) plus the personal needs allowance (PNA) as set forth in section 352.8(c)(1)(i);
(b) shelter cost will be equal to the amount determined in clause ( a ) of this subparagraph less for each person in the FS household a PNA, as set forth in section 352.8(c)(1)(i) of this Title, if applicable, and the amount of a one-person thrifty food plan, as defined in section 387.1 of this Part.
(ii) Non-PA recipients receiving care, but not residing in Congregate Care Level 2 facilities. The income of households receiving care and residing in drug or alcoholic treatment facilities who are not in receipt of FA or SNA and are not “receiving residential care” as defined in section 209(3)(d) of the Social Services Law will be treated as follows:
(a) countable income will be equal to the sum of each individual's earned and unearned income, as set forth in this Part;
(b) shelter cost will be equal to the amount determined in clause ( a ) of this subparagraph less for each person in the FS household a PNA, as set forth in section 352.8(c)(1)(i) of this Title, if applicable, and the amount of a one-person thrifty food plan, as defined in section 387.1 of this Part.
(a) countable income will be equal to the sum of each individual's earned and unearned income, as set forth in this Part;
(b) shelter cost will be equal to the amount determined in clause ( a ) of this subparagraph less for each person in the FS household a PNA, as set forth in section 352.8(c)(1)(i) of this Title, if applicable, and the amount of a one-person thrifty food plan, as defined in section 387.1 of this Part.
(iii) Residents of Congregate Care Level 2 facilities. The income of individuals residing in drug or alcoholic treatment facilities that are Congregate Care Level 2 facilities and “receiving residential care” as defined in section 209(3)(d) of the Social Services Law will be treated as follows:
(a) countable income will be equal to the sum of the following:
(1) Supplemental Security Income (SSI) Living with Others rate, as set forth in section 209(2)(b) of the Social Services Law or the actual unearned income received by the resident, whichever is less;
(2) the amount by which unearned income exceeds the SSI Congregate Care Level 2 rate, as set forth in section 209(2)(d) of the Social Services Law; and
(3) all earned income;
(b) shelter cost will be equal to the SSI Living with Others rate, as set forth in section 209(2)(b) of the Social Services Law or the actual unearned income received by the resident, whichever is less, less for each person in the FS household the SSI Level 2 PNA, as set forth in section 131-o(1)(b) of the Social Services Law, if applicable, and less the amount of a one-person thrifty food plan, as defined in section 387.1 of this Part.
(a) countable income will be equal to the sum of the following:
(1) Supplemental Security Income (SSI) Living with Others rate, as set forth in section 209(2)(b) of the Social Services Law or the actual unearned income received by the resident, whichever is less;
(2) the amount by which unearned income exceeds the SSI Congregate Care Level 2 rate, as set forth in section 209(2)(d) of the Social Services Law; and
(3) all earned income;
(1) Supplemental Security Income (SSI) Living with Others rate, as set forth in section 209(2)(b) of the Social Services Law or the actual unearned income received by the resident, whichever is less;
(2) the amount by which unearned income exceeds the SSI Congregate Care Level 2 rate, as set forth in section 209(2)(d) of the Social Services Law; and
(3) all earned income;
(b) shelter cost will be equal to the SSI Living with Others rate, as set forth in section 209(2)(b) of the Social Services Law or the actual unearned income received by the resident, whichever is less, less for each person in the FS household the SSI Level 2 PNA, as set forth in section 131-o(1)(b) of the Social Services Law, if applicable, and less the amount of a one-person thrifty food plan, as defined in section 387.1 of this Part.
(2) Persons residing in drug or alcoholic treatment facilities or Congregate Care Level 2 facilities, but not receiving care. The income of persons residing in drug or alcoholic treatment facilities or Congregate Care Level 2 facilities, but not receiving care in these facilities, will be treated as follows:
(i) Countable income will be equal to the sum of each individual's earned and unearned income as set forth in this Part.
(ii) Shelter cost.
(a) shelter cost for a PA recipient receiving a room and board allowance, as set forth in section 352.8(b)(1) of this Title, will be equal to the countable income in subparagraph (i) of this paragraph less for each person in the FUSE household a PNA, as set forth in section 352.8(c)(1)(i) of this Title, if applicable, and the amount of a one-person thrifty food plan, as defined in section 387.1 of this Part;
(b) shelter cost for a PA recipient receiving a shelter allowance will be equal to the actual shelter allowance paid;
(c) shelter cost for a non-PA recipient will be equal to the amount determined in subparagraph (i) of this paragraph less for each person in the FS household a PNA, as set forth in section 352.8(c)(1)(i) of this Title, if applicable, and the amount of a one-person thrifty food plan, as defined in section 387.1 of this Part.
(i) Countable income will be equal to the sum of each individual's earned and unearned income as set forth in this Part.
(ii) Shelter cost.
(a) shelter cost for a PA recipient receiving a room and board allowance, as set forth in section 352.8(b)(1) of this Title, will be equal to the countable income in subparagraph (i) of this paragraph less for each person in the FUSE household a PNA, as set forth in section 352.8(c)(1)(i) of this Title, if applicable, and the amount of a one-person thrifty food plan, as defined in section 387.1 of this Part;
(b) shelter cost for a PA recipient receiving a shelter allowance will be equal to the actual shelter allowance paid;
(c) shelter cost for a non-PA recipient will be equal to the amount determined in subparagraph (i) of this paragraph less for each person in the FS household a PNA, as set forth in section 352.8(c)(1)(i) of this Title, if applicable, and the amount of a one-person thrifty food plan, as defined in section 387.1 of this Part.
(a) shelter cost for a PA recipient receiving a room and board allowance, as set forth in section 352.8(b)(1) of this Title, will be equal to the countable income in subparagraph (i) of this paragraph less for each person in the FUSE household a PNA, as set forth in section 352.8(c)(1)(i) of this Title, if applicable, and the amount of a one-person thrifty food plan, as defined in section 387.1 of this Part;
(b) shelter cost for a PA recipient receiving a shelter allowance will be equal to the actual shelter allowance paid;
(c) shelter cost for a non-PA recipient will be equal to the amount determined in subparagraph (i) of this paragraph less for each person in the FS household a PNA, as set forth in section 352.8(c)(1)(i) of this Title, if applicable, and the amount of a one-person thrifty food plan, as defined in section 387.1 of this Part.