S00410 Summary:

Amd S131-n, Soc Serv L
Provides for a uniform allowable resource exemption and disregard for an applicant or recipient with an automobile.
Go to top    

S00410 Actions:

Go to top

S00410 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

S00410 Text:

                STATE OF NEW YORK
                               2011-2012 Regular Sessions
                    IN SENATE
                                     January 5, 2011
        Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Social Services
        AN ACT to amend the social services law, in relation to  certain  exempt
          assets for public assistance eligibility

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 1 of section 131-n of the social services  law,
     2  as  amended  by  chapter  373 of the laws of 2003, is amended to read as
     3  follows:
     4    1. The following resources shall be exempt and disregarded  in  calcu-
     5  lating  the amount of benefits of any household under any public assist-
     6  ance program: (a) cash and liquid or nonliquid resources up to two thou-
     7  sand dollars, or three thousand dollars in the  case  of  households  in
     8  which  any  member  is  sixty years of age or older, (b) an amount up to
     9  four thousand six hundred fifty  dollars  in  a  separate  bank  account
    10  established  by  an  individual while currently in receipt of assistance
    11  for the sole purpose of enabling the individual to purchase a  first  or

    12  replacement  vehicle  for  the  recipient  to  seek,  obtain or maintain
    13  employment, so long as the funds are not used for any other purpose, (c)
    14  an amount up to one thousand four hundred dollars  in  a  separate  bank
    15  account  established  by  an  individual  while  currently in receipt of
    16  assistance for the purpose of paying tuition at  a  two-year  accredited
    17  post-secondary  educational  institution,  so  long as the funds are not
    18  used for any other purpose, (d) the home which is the usual residence of
    19  the household, (e) one automobile, up  to  [four  thousand  six  hundred
    20  fifty  dollars fair market value, provided, however, that if the automo-
    21  bile is needed for the applicant or recipient to seek or retain  employ-
    22  ment  or  travel to and from work activities as defined in section three

    23  hundred thirty-six of this chapter, the automobile  exemption  shall  be
    24  increased  to] nine thousand three hundred dollars fair market value, or
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 410                              2
     1  such other higher dollar value as the local social services district may
     2  elect to adopt, (f) one burial plot per household member as  defined  in
     3  department  regulations,  (g) bona fide funeral agreements up to a total
     4  of  one  thousand  five  hundred  dollars  in equity value per household
     5  member, (h) funds in an individual development  account  established  in

     6  accordance with subdivision five of section three hundred fifty-eight of
     7  this  chapter  and section four hundred three of the social security act
     8  and (i) for a period of six months, real property which the household is
     9  making a good faith effort to sell, in accordance with department  regu-
    10  lations  and  tangible  personal  property necessary for business or for
    11  employment purposes in accordance with department regulations. If feder-
    12  al law or regulations require the exemption or disregard  of  additional
    13  income  and  resources  in  determining  need  for family assistance, or
    14  medical assistance not exempted or disregarded  pursuant  to  any  other
    15  provision of this chapter, the department may, by regulations subject to
    16  the  approval  of  the  director  of the budget, require social services
    17  officials to exempt or disregard  such  income  and  resources.  Refunds

    18  resulting  from earned income tax credits shall be disregarded in public
    19  assistance programs.
    20    § 2. This act shall take effect immediately, provided that the  amend-
    21  ments  to subdivision 1 of section 131-n of the social services law made
    22  by section one of this act shall be subject to the expiration and rever-
    23  sion of such section pursuant to section 153 of chapter 436 of the  laws
    24  of 1997, as amended.
Go to top