§ 2-02 Definitions.
RCNY § 2-02
Applicant. An applicant is a relative or friend of the indigent decedent who has authorized or provided for the burial of an indigent person, has signed the prescribed form seeking assistance for burial expenses, and has hand-delivered the signed application to personnel of the Burial Claims Unit. A legally responsible relative who resided with the deceased prior to the deceased's institutionalization or at the time of death must be the applicant, for that deceased individual. Except for Organizational Friends, as defined in 68 RCNY § 2-02 "Friend" (2), applicants or their authorized representatives must appear in person at the Burial Claims Unit of the Human Resources Administration to apply for benefits. Application. An application is an action by which a person indicates his or her desire to receive a grant for burial expenses through signing and hand-delivering the prescribed form to personnel of the Burial Claims Unit. Authorized representative. An authorized representative means the person designated by the friend or relative to make funeral arrangements and/or to apply on the applicant's behalf. Proof of representation shall consist of a statement signed by the applicant designating the person as the authorized representative. Burial expenses. Burial expenses mean any cost related to the funeral or burial of the deceased which are enumerated in the written itemization statement or crematory/cemetery charge bill. The value of items or services donated by a funeral director, funeral home, or cemetery shall not be considered burial expense. Friend. A friend may be either an (1) individual; or (2) a charitable and/or religious organization.
(1)Individual friend. A friend is any person who, prior to the decedent's death, maintained such regular contact with the deceased as to be familiar with the decedent's activities, health and religious beliefs. Such "friend" shall present a sworn, notarized statement stating the facts and circumstances upon which the claim that he is a "friend" is based. The following persons are not "friends" of the deceased for purposes of these regulations: Funeral directors and employees of the funeral home through whom funeral arrangements have or will be made; Public Administrators, acting in their official capacity; hospital administrators and hospital employees acting in their official capacity; administrators and employees of all facilities set forth in Article 28 of the Public Health Law acting in their official capacity.
(2)Organizational friend. A charitable and/or religious organization may qualify as an "organizational friend" if the New York City Department of Social Services gives advance approval of such status based on the organization's satisfactorily meeting the following criteria: (i) The organization's history and purpose, as demonstrated by its articles of organization, are charitable and/or religious in nature; (ii) Part of the organization's function is to bury indigent persons; (iii) The organization's principal place of business is in New York City; (iv) The organization is non-profit and tax-exempt pursuant to § 501(c)(3) of the United States Internal Revenue Code; (v) No board member or officer of the organization is a funeral home director with which the organization does business; (vi) A substantial amount of the organization's funding for burial purposes comes from private sources; and (vii) Annually, the organization makes its books and records available to the New York City Department of Social Services for inspection, review and audit, if necessary. Funeral directing. Funeral directing means the care and disposal of the body of a deceased person and/or the preserving, "disinfecting and preparing by embalming or otherwise, the body of a deceased person for funeral services, transportation, burial or cremation; and/or funeral directing or embalming as present known, pursuant to § 3400(d) of the Public Health Law or in accordance with the statutes of the funeral director's home state. Funeral director. A funeral director is a person to whom a valid license as such has been duly issued, pursuant to § 3400(a) of the Public Health Law or licensed in accordance with the statutes of the funeral director's home state. Funeral establishment. A funeral establishment means a single physical location, address or premises devoted to or used for the care and preparation of a body of a deceased person for disposition and for mourning or funeral ceremonial purposes, pursuant to § 3400(g) of the Public Health Law or licensed in accordance with the statutes of the funeral establishment's home state. Funeral firm. A funeral firm means an individual, partnership, corporation or estate representative engaged in the business and practice of funeral directing, pursuant to § 3400(j) of the Public Health Law or licensed in accordance with the statutes of the funeral firm's state. Indigent. An indigent is an individual who was in receipt of public assistance or Supplemental Security Income ("SSI"); or if less than age 65 was eligible for public assistance; or if age 65 and over, was eligible for SSI. Legally responsible relative. A legally responsible relative is legally obligated to furnish support for the following persons: a spouse; a son or daughter under the age of twenty-one years and a step-child under the age of twenty-one years. A person is not chargeable with the support of an adopted child of his or her spouse, if the child was adopted after the adopting spouse is living separate and apart from the non-adopting spouse pursuant to a legally recognizable separation agreement or decree under the domestic relations law, and the spouses remain separate and apart after the adoption. New York City. New York City means the Human Resources Administration of the City of New York, which is the local social services district for the City of New York. The Burial Claims Unit. The Burial Claims Unit is the unit of the Human Resources Administration which accepts applications, processes applications, and authorizes grants for burial expenses based on applications for burial grants, including applications by relatives or friends for grants for a decedent who is a discharged member of the armed forces of the United States, a minor child or parent of any such member of the armed forces, or the spouse or unremarried surviving spouse of any such member of the armed forces. The decedent shall be a legal resident of New York City at the time of death. The Burial Claims Unit of the Office of Constituent and Community Affairs of the New York City Human Resources Administration is located at 151 Lawrence Street, 5th Floor, Brooklyn, New York 11201. Public assistance. Public assistance means the receipt of Home Relief or Aid to Dependent Children. Payments of emergency assistance to families or emergency home relief shall not be considered public assistance. Relative. Relative includes all relatives of the deceased through first cousin or the spouse of any such relative. Specifically included are the spouse, child, grandchild, parent, grandparent, brother, sister of the deceased and their spouses. Supplemental Security Income. Supplemental Security Income, or SSI, means the receipt of SSI or additional state payments.
