Bill Text: NY A05501 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Relates to determination of public assistance eligibility; reduces time frame for determinations on safety net assistance.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-01-03 - referred to social services [A05501 Detail]

Download: New_York-2023-A05501-Introduced.html

---

                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.