STATE OF NEW YORK
________________________________________________________________________
5501
2023-2024 Regular Sessions
IN ASSEMBLY
March 15, 2023
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Social Services
AN ACT to amend the social services law, in relation to determination of
public assistance eligibility and amounts
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph (ii) of paragraph (a) of subdivision 8 of
2 section 131-a of the social services law, as amended by section 3 of
3 part U of chapter 56 of the laws of 2022, is amended to read as follows:
4 (ii) fifty percent of the earned income for such month of any appli-
5 cant, recipient, or relative applying for and receiving aid pursuant to
6 such program; provided, however, that such percentage amount shall be
7 adjusted in June of each year to reflect changes in the most recently
8 issued poverty guidelines of the United States Bureau of the Census,
9 such that a household of three without special needs, living in a heated
10 apartment in New York city and without unearned income would become
11 ineligible for assistance with gross earnings equal to the poverty level
12 in such guidelines;
13 § 2. Paragraph (a) of subdivision 8 of section 131-a of the social
14 services law is amended by adding a new subparagraph (xi) to read as
15 follows:
16 (xi) any unearned income of a child when the parent or non-parent
17 caregiver chooses to exclude such child from the public assistance
18 household pursuant to subdivision one of section one hundred
19 thirty-one-c of this article.
20 § 3. Subdivision 1 of section 131-c of the social services law, as
21 added by chapter 42 of the laws of 1985, is amended to read as follows:
22 1. For the purposes of determining eligibility for and the amount of
23 assistance payable, the social services district shall, when a minor is
24 named as an applicant for public assistance, require that his or her
25 parents [and minor brothers and sisters] also apply for assistance and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04235-01-3
A. 5501 2
1 be included in the household for purposes of determining eligibility and
2 grant amounts, if such individuals reside in the same dwelling unit as
3 the minor applying for assistance. Any income of or available for such
4 parents[, brothers and sisters] which is not disregarded under subdivi-
5 sion eight of section one hundred thirty-one-a of this article, shall be
6 considered available to such household. [The provisions of this subdivi-
7 sion shall not apply to individuals] A parent or non-parent caregiver
8 may choose to exclude any other child or children residing in the same
9 dwelling unit from the public assistance household. Individuals who are
10 recipients of federal supplemental security income benefits or receive
11 additional state payments pursuant to this chapter, [or to individuals
12 whose relationship to the minor is that of stepbrother or stepsister, or
13 to any other individuals whose needs are excluded pursuant to department
14 regulations consistent with federal law and regulations] shall not be
15 included in the public assistance household.
16 § 4. Subdivision 1 of section 131-n of the social services law, as
17 amended by section 5 of part U of chapter 56 of the laws of 2022, is
18 amended to read as follows:
19 1. [The following resources] Any assets held by the household shall be
20 exempt and disregarded in calculating the amount of benefits of any
21 household under any public assistance program[: (a) cash and liquid or
22 nonliquid resources up to two thousand five hundred dollars for appli-
23 cants, three thousand seven hundred fifty dollars for applicants in
24 households in which any member is sixty years of age or older or is
25 disabled or ten thousand dollars for recipients, (b) an amount up to
26 four thousand six hundred fifty dollars in a separate bank account
27 established by an individual while currently in receipt of assistance
28 for the sole purpose of enabling the individual to purchase a first or
29 replacement vehicle for the recipient to seek, obtain or maintain
30 employment, so long as the funds are not used for any other purpose, (c)
31 an amount up to one thousand four hundred dollars in a separate bank
32 account established by an individual while currently in receipt of
33 assistance for the purpose of paying tuition at a two-year or four-year
34 accredited post-secondary educational institution, so long as the funds
35 are not used for any other purpose, (d) the home which is the usual
36 residence of the household, (e) one automobile, up to ten thousand
37 dollars fair market value, through March thirty-first, two thousand
38 seventeen; one automobile, up to eleven thousand dollars fair market
39 value, from April first, two thousand seventeen through March thirty-
40 first, two thousand eighteen; and one automobile, up to twelve thousand
41 dollars fair market value, beginning April first, two thousand eighteen
42 and thereafter, or such other higher dollar value as the local social
43 services district may elect to adopt, (f) one burial plot per household
44 member as defined in department regulations, (g) bona fide funeral
45 agreements up to a total of one thousand five hundred dollars in equity
46 value per household member, (h) funds in an individual development
47 account established in accordance with subdivision five of section three
48 hundred fifty-eight of this chapter and section four hundred three of
49 the social security act, (i) for a period of six months, real property
50 which the household is making a good faith effort to sell, in accordance
51 with department regulations and tangible personal property necessary for
52 business or for employment purposes in accordance with department regu-
53 lations, and (j) funds in a qualified tuition program that satisfies the
54 requirement of section 529 of the Internal Revenue Code of 1986, as
55 amended, and (k) funds in a New York achieving a better life experience
A. 5501 3
1 savings account established in accordance with article eighty-four of
2 the mental hygiene law].
3 If federal law or regulations require the exemption or disregard of
4 additional income and resources in determining need for family assist-
5 ance, or medical assistance not exempted or disregarded pursuant to any
6 other provision of this chapter, the department may, by regulations
7 subject to the approval of the director of the budget, require social
8 services officials to exempt or disregard such income and resources.
9 Refunds resulting from earned income tax credits shall be disregarded in
10 public assistance programs.
11 § 5. This act shall take effect immediately; provided, however, that
12 the amendments to section 131-n of the social services law made by
13 section four of this act shall not affect the expiration of such section
14 and shall expire therewith.
