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  Western New York Law Center    

396.1 Interception of lottery winnings
396.2 Notice
396.3 Defenses
396.4 Review and determination by the Office
396.5 Definitions

Section 396.1 Interception of lottery winnings. The Office is entitled to receive up to 50 percent of any lottery prize of $600 or more from any individual who has received public assistance benefits within a period of up to 10 years prior to the issuance of such prize.

Section 396.2 Notice. When the Office has been notified by the Division of the Lottery that a person who has been a recipient of public assistance during the past 10 years has won a lottery prize of $600 or more, it will send a written notice to the individual at the individual's last known address from the public assistance file and, if different, to the individual at the address shown on the lottery intercept file, which:

    (a) states that the Social Services Law and Tax Law permit the Office to intercept up to 50 percent of any New York State lottery prize of $600 or more to repay public assistance received during the past 10 years;

    (b) sets forth the amount of public assistance owed and the amount of the repayment intercepted;

    (c) states that the individual may send a written request to an address set forth in the notice for review of the Office's determination not later than 30 days from the date of the notice,

    (d) states that the individual may present written arguments and evidence in support of any defense to the interceptíon of the lottery prize with the requestfor a review, and

    (e) lists the defenses available to the individual to contest the interception of the lottery prize.

396.3 Defenses. The following defenses may be raised against the interception of all or a part of the lottery prize:

    (a) The person who received the notice of the lottery prize interception is not the person identified as owing and does not owe public assistance;

    (b) All public assistance received within the previous 10 years has been repaid in full;

    (c) The amount of public assistance received within the last 10 years and not repaid is less than the amount set forth in the notice;

    (d) The amount of the prize was less than $600; and

    (e) The amount intercepted was more than 50 percent of the prize.

396.4 Review and determination by the Office. When the Office receives a written request for review, the Office will review the arguments and evidence submitted by the individual. The Office will issue a written response to the individual which shall be the final determination of the Office. The Office will be entitled to keep the intercepted lottery prize money when the time for requesting a review has expired, or, if such requestfor a review was timely made, when a written response has been issued by the Office advising the individual that retention of a specified portion of the lottery prize by the Office is proper. Such written response shall constitute a final determination of the matter.

396.5 Definitions. For purposes of this Part:

    (a) "Public assistance" means family assistance and safety net assistance or the former Aid to Dependent Children or Home Relief programs; and

    (b) "Office" means the Office of Temporary and Disability Assistance.

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