Determines that disability compensation or benefits received by veterans from the United States department of veterans affairs are not to be treated as income or resources for purposes of determining eligibility for means-tested programs.
STATE OF NEW YORK
________________________________________________________________________
7472
2021-2022 Regular Sessions
IN SENATE
October 25, 2021
___________
Introduced by Sen. ORTT -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the military law, in relation to determining that disa-
bility compensation or benefits received by veterans from the United
States department of veterans affairs are not to be treated as income
or resources for purposes of determining eligibility for means-tested
programs
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The military law is amended by adding a new section 235-b
2 to read as follows:
3 § 235-b. Income and resources not to include United States department
4 of veterans affairs disability compensation or benefits. 1. Notwith-
5 standing any inconsistent provision of law, the terms "income" and
6 "resources" for the purpose of determining eligibility for or the amount
7 of benefits under any means-tested state or state assisted or federally
8 assisted program including but not limited to programs of public assist-
9 ance and care, including family assistance, safety net assistance,
10 medical assistance, title XX of the social security act, food stamp
11 program, the program of additional state payments to persons eligible
12 for supplemental security income, the low income home energy assistance
13 program and grants, loans and scholarships and other means-tested
14 programs for educational assistance, shall not include benefits or
15 payments received from the United States department of veterans affairs
16 for veterans affairs disability compensation or veterans affairs disa-
17 bility benefits. The foregoing requirements shall not apply to any
18 means-tested federally assisted program where the exclusion of such
19 disability benefits or payments received from income is expressly and
20 unanimously prohibited by federal law, rule or regulation.
21 2. Notwithstanding any inconsistent provision of law, any application
22 for any means-tested state or state assisted or federally assisted
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13038-03-1
S. 7472 2
1 program including but not limited to programs of public assistance and
2 care, including family assistance, safety net assistance, medical
3 assistance, title XX of the social security act, food stamp program, the
4 program of additional state payments to persons eligible for supple-
5 mental security income, the low income home energy assistance program
6 and grants, loans and scholarships and other means-tested programs for
7 educational assistance, shall clearly and explicitly inform any appli-
8 cant on such application that United States department of veterans
9 affairs disability compensation and United States department of veterans
10 affairs disability benefits are not income or resources for the purposes
11 of determining eligibility for or the amount of benefits under any
12 means-tested state or state assisted or federally assisted program and
13 shall clearly direct such applicant not to include veterans affairs
14 disability compensation or veterans affairs disability benefits as
15 income or resources when completing such application. The foregoing
16 requirements shall not apply to any means-tested federally assisted
17 program where the exclusion of such disability benefits or payments
18 received from income is expressly and unanimously prohibited by federal
19 law, rule or regulation.
20 § 2. This act shall take effect immediately.
