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Neighborhood Legal Services, Inc. |
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Neighborhood Legal Services, Inc. |
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Public Assistance and Restaurant Allowance
© 1997-8 by Neighborhood Legal Services, Inc.
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If I am applying for or receiving public assistance, can I qualify for special benefits if I can't prepare meals at home?
Yes. You may qualify for a Restaurant Allowance if you cannot prepare meals at home.
What do I have to show to qualify for a Restaurant Allowance?
You must show that you do not have access to adequate cooking facilities where you live. This includes a stove and refrigerator. It may be that you do not have any cooking facilities or that they do not work.
If your cooking facilities do not work, the Erie County Department of Social Services (DSS) may choose to repair or replace them. DSS must give you a Restaurant Allowance while this is being done.
What are "adequate" cooking facilities?
The definition of "adequate" depends on the facts of each case. Cooking facilities located outside of your home are never considered adequate.
How much will I receive as a Restaurant Allowance?
The amount you receive will depend on the number (and age) of the people in your household and whether you can prepare any of your meals in your home. The monthly allowance for each person in the household is as follows:
Must eat dinners in restaurants: $29
Must eat lunch and dinners in restaurant: $47
Must eat all meals in restaurant: $64
Is this the most that will be paid?
No. An additional $36 per month will be given to the following:
1. any pregnant woman
2. any person under 18 years of age
3. full-time students under 19 who are in a high school or vocational program and will complete the program before turning 19
How do I apply for a Restaurant Allowance?
By filling out the enclosed form, "Request for an Additional Allowance by a Public Assistance Recipient." Fill it out and mail or take it to your DSS worker. Be sure to keep a copy.
You may also call your worker on the telephone and ask for a Restaurant Allowance. Be sure to keep notes of when you spoke to your worker about this. You should follow up your call with a written request. Be sure to keep a copy.
When you make your request, ask for a Restaurant Allowance dating back to the time when, as a person applying for or receiving public assistance, you were first unable to prepare meals at home.
How long does DSS have to decide if I am eligible for a Restaurant Allowance?
DSS must let you know within 30 days of your request.
What can I do if DSS denies my request, takes longer than 30 days to decide, or I think they've made a mistake in the amount of the allowance?
Call us immediately. We will review your case and tell you how to challenge DSS's decision, or we may agree to take your case. You must ask for a Fair Hearing within 60 days of the date of DSS's notice to you. To request a Fair Hearing, notify New York State Office of Temporary and Disability Assistance (OTDA) by telephone, fax, or mail that you want a Fair Hearing. You can write on the back of your notice the reason for requesting the hearing. If you phone, get the name of the person you speak to. If you write, send your letter by certified mail and keep a copy. The correct address is:
New York State Office of Temporary and Disability Assistance (OTDA)
Office of Administrative Hearings
P.O. Box 1930
Albany, New York 12201-1930
Telephone No. 1-800-342-3334 or (716) 852-4868
Fax No. (518) 473-6735 (you must have form from Albany)
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