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Section VIII
BENEFITS

 

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Q. VIII.1 Can a young person under the age of 18 and not living with his/her parent/guardian, receive SSI benefits directly?

Q. VIII.2 Can a young person under the age of 18 and living independentlyfrom his/her custodial parent, get the child support payments directly that would otherwise go to the custodial parent?

Q. VIII.3 If an adopted youth who is over the age of 16 comes to a shelter and the adoptive parents were receiving a subsidy for that child (under a subsidized adoption program), do the adoptive parents continue to receive that subsidy while the child is at the shelter? Is the youth eligible for some/all of that money? Does the shelter have any special responsibility in this area?

Q. VIII.4 Can a minor receive any form of public assistance? Food Stamps?



Q. VIII.1 Can a young person under the age of 18 and not living with his/her parent/guardian, receive SSI benefits directly?

A. A young person not living with his/her parents may apply to the Social Security office to receive his/her SSI benefits directly. The toll free number for the Social Security Administration is 1-800-722-1213. Depending upon the age and circumstances of the minor, the Social Security Administration may want to designate a "representative payee."

Q. VIII.2 Can a young person under the age of 18 and living independently from his/her custodial parent, get the child support payments directlythat would otherwise go to the custodial parent?

A. It depends. If the young person is "emancipated" and living apart from his/her custodial parent without permission, he/she may relinquish his/her right to support depending on the nature of the court order. Depending on the circumstances, the young person may wish to discuss the reasons for leaving home with the noncustodial parent. In cases where the young person should receive child support directly, it may be necessary to return to court to amend the court order. In the event the parent refuses to continue support and the decision to leave home was based on "extraordinary circumstances," the minor through a "guardian ad litem" (someone over 18), may file a Petition to amend the prior order and seek support.

Q. VIII.3 If an adopted youth who is over the age of 16 comes to a shelter and the adoptive parents were receiving a subsidy for that child (under a subsidized adoption program), do the adoptive parents continue to receive that subsidy while the child is at the shelter? Is the youth eligible for some/all of that money? Does the shelter have any special responsibility in this area?

A. Generally, a child only remains in a shelter for a brief period of time. In such cases, the parents remain responsible for his/her care and custody and, therefore, the assistance received should not be terminated. At the same time, the fact that they continue to receive it reinforces the fact that the parents continue to be responsible for the care of the child. Only in cases where the parent loses custody of the child or forces the child to leave home would a question arise regarding their right to such assistance.

Q. VIII.4 Can a minor receive any form of public assistance? Food Stamps? What are the guidelines for each?

A. Any person over the age of 16 can apply to receive public benefits. New restrictions established under Temporary Assistance to Needy Families (TANF) are making the approval process very difficult for young people. A youth who has no other option may need public assistance. However, the five year lifetime limit to receive assistance will apply.

Empire State Coalition
121 6th Avenue
New York, NY 10013-1510
Phone: 212 966-6477

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