§ 13-01 Changes to Burial Claims Generally.
RCNY § 13-01
Notwithstanding any provision of 68 RCNY Chapter 2 to the contrary, the following provisions shall apply all applications for an HRA burial allowance: (a) Notwithstanding the provisions of 68 RCNY Chapter 2, the allowance provided for in 68 RCNY § 13-02, or in 68 RCNY Chapter 2, as applicable, shall not be available where the total burial expenses, as defined in 68 RCNY § 2-02, exceed $3,400. In determining whether such $3,400 cap has been exceeded, the following costs will be disregarded: (1) the cost of cremation or the burial plot and grave opening; and (2) any costs charged by a funeral director that are related to the disinterment of a body that was buried on or after March 12, 2020 on Hart Island.
(b)The time within which any person may submit an application for a burial allowance is increased from sixty (60) days to one hundred and twenty (120) days from the date of death.
(c)Anyone who is eligible for an allowance for burial expenses or under this section or under 68 RCNY Chapter 2, as applicable, may apply for such expenses either prior to or after burial or cremation. The requirement in 68 RCNY § 2-09(d) that DSS/HRA must decide any applications made prior to burial or cremation within two business days is suspended. However, DSS/HRA will make decisions on all applications within a reasonable time.
(d)Applications under this section or under 68 RCNY Chapter 2, as applicable, need not be made in person and may be made online, by email, by fax and by any other remote means as DSS/HRA may designate.
(e)In determining the amount of the allowance, the value of any resources or income that are not liquid or available at the time of the decedent's death and not available at the time of application shall not be deducted. However, DSS/HRA reserves the right to recover against any such resources consistent with State law.
(f)The provisions of 68 RCNY § 2-09(b)(ii), prohibiting an allowance for veteran burials that occur in private cemeteries other than Calverton Cemetery, are suspended. (Added City Record 7/31/2020, eff. 8/30/2020)
