STATE OF NEW YORK
________________________________________________________________________
2488--A
2023-2024 Regular Sessions
IN ASSEMBLY
January 26, 2023
___________
Introduced by M. of A. HEVESI, REYES, GONZALEZ-ROJAS, DE LOS SANTOS --
read once and referred to the Committee on Social Services -- recom-
mitted to the Committee on Ways and Means in accordance with Assembly
Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the social services law, in relation to any unearned
income of a child in certain circumstances
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 8 of section 131-a of the
2 social services law is amended by adding a new subparagraph (xiv) to
3 read as follows:
4 (xiv) any unearned income of a child when the parent or non-parent
5 caregiver chooses to exclude such child from the public assistance
6 household pursuant to subdivision one of section one hundred
7 thirty-one-c of this article.
8 § 2. The section heading of section 131-c of the social services law,
9 as added by chapter 42 of the laws of 1985, is amended to read as
10 follows:
11 Inclusion of parents [and siblings] of a minor in the public assist-
12 ance household.
13 § 3. Subdivision 1 of section 131-c of the social services law, as
14 added by chapter 42 of the laws of 1985, is amended to read as follows:
15 1. For the purposes of determining eligibility for and the amount of
16 assistance payable, the social services district shall, when a minor is
17 named as an applicant for public assistance, require that his or her
18 parents [and minor brothers and sisters] also apply for assistance and
19 be included in the household for purposes of determining eligibility and
20 grant amounts, if such individuals reside in the same dwelling unit as
21 the minor applying for assistance. Any income of or available for such
22 parents, [brothers and sisters] which is not disregarded under subdivi-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05019-02-3
A. 2488--A 2
1 sion eight of section one hundred thirty-one-a of this article, shall be
2 considered available to such household. [The provisions of] A parent or
3 non-parent caregiver may choose to exclude any other child or children
4 residing in the same dwelling unit from the public assistance household.
5 Nothing in this [subdivision] chapter shall [not apply to] require indi-
6 viduals who are recipients of federal supplemental security income bene-
7 fits, or who receive additional state payments pursuant to this chapter,
8 or [to individuals] whose relationship to the minor is that of a broth-
9 er, sister, half-brother, half-sister, stepbrother [or], stepsister, or
10 cousin, or [to] any other individuals whose needs are excluded pursuant
11 to department regulations consistent with federal law and regulations,
12 to be included as part of the public assistance household.
13 § 4. This act shall take effect either on the one hundred eightieth
14 day after it shall have become a law or after the commissioner of the
15 office of temporary and disability assistance certifies that the office
16 has an information technology system capable of accommodating the
17 provisions in this act, whichever shall have taken place sooner;
18 provided that the commissioner of the office of temporary and disability
19 assistance shall notify the legislative bill drafting commission of the
20 date of such certification in order that the commission may maintain an
21 accurate and timely effective database of the official text of the laws
22 of the state of New York in furtherance of effectuating the provisions
23 of section 44 of the legislative law and section 70-b of the public
24 officers law. Effective immediately, the addition, amendment and/or
25 repeal of any rule or regulation necessary for the implementation of
26 this act on its effective date are authorized to be made and completed
27 on or before such effective date.
