§ 158.00 Definitions; presumption; limitation
PL § 158.00
§ 158.00 Definitions; presumption; limitation.
1.Definitions. The following definitions are applicable to this article:
(a)"Public benefit card" means any medical assistance card, food stamp assistance card, public assistance card, or any other identification, authorization card or electronic access device issued by the state or a social services district, as defined in subdivision seven of section two of the social services law, which entitles a person to obtain public assistance benefits under a local, state, or federal program administered by the state, its political subdivisions, or social services districts.
(b)"Fraudulent welfare act" means knowingly and with intent to defraud, engaging in an act or acts pursuant to which a person:
(1)offers, presents or causes to be presented to the state, any of its political subdivisions or social services districts, or any employee or agent thereof, an oral or written application or request for public assistance benefits or for a public benefit card with knowledge that the application or request contains a false statement or false information, and such statement or information is material, or
(2)holds himself or herself out to be another person, whether real or fictitious, for the purpose of obtaining public assistance benefits, or
(3)makes a false statement or provides false information for the purpose of (i) establishing or maintaining eligibility for public assistance benefits or (ii) increasing or preventing reduction of public assistance benefits, and such statement or information is material.
(c)"Public assistance benefits" means money, property or services provided directly or indirectly through programs of the federal government, the state government or the government of any political subdivision within the state and administered by the department of social services or social services districts.
2.Rebuttable presumption.
(d)The foregoing presumption shall apply to prosecutions for criminal possession of public benefit cards.
3.Limitation. Nothing contained in this article shall be construed to prohibit a recipient of public assistance benefits from pledging his or her public assistance benefits or using his or her public benefit card as collateral for a loan.
