NY State Senate Bill 2009-S4333

Senate Bill S4333

2009-2010 Legislative Session

Provides for public assistance eligibility requirements for persons with AIDS or HIV-related illnesses and the expiration thereof

download bill text pdf

Archive: Last Bill Status - In Senate Committee Social Services Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to social services
Apr 22, 2009	referred to social services

2009-S4333 (ACTIVE) - Details

See Assembly Version of this Bill:: A1374
Current Committee:: Senate Social Services
Law Section:: Social Services Law
Laws Affected:: Amd §131-a, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S3155, A487
2013-2014: A2665

2009-S4333 (ACTIVE) - Summary

Provides for public assistance eligibility requirements for persons with AIDS or HIV- related illnesses and the expiration of such benefits.

2009-S4333 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4333

 TITLE OF BILL :

An act to amend the social services law, in relation to eligibility
for persons with acquired immunodeficiency syndrome or HIV-related
illnesses; and providing for the repeal of such provisions upon the
expiration thereof


 PURPOSE OR GENERAL IDEA OF BILL :

The purpose of this bill is to allow disabled children in households
receiving a special AIDS shelter allowance to receive the full amount
of their federal SSI disability benefits.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 would adds a new (e) to Social Services Law (SSL) §131-a (2)
to allow social services districts to use the special shelter
allowance established in regulations only for a person or household
where a disabled child receives federal SSI benefits and where one or
more persons has HIV/AIDS. This special allowance shall be used only
when necessary to secure housing or to maintain the family in their
own home or where a threat of homelessness exists and no less costly
alternative is available.

Section 2 provides an effective date of November 1, 2007 and shall be
deemed repealed on November 1, 2008.

 EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER :

This bill would amend §131-a (2) of the Social Services Law by adding
a new (e).

 JUSTIFICATION :

"Currently, the state counts SSI payments in determining eligibility
for disabled children in low income households that receive the
HIV/AIDS emergency shelter allowance. However, proper welfare
budgeting policy should not include the child's SSI benefits in
calculating welfare cash assistance for the household; the child
should be 'invisible' for budget calculation purposes and should
receive no shelter allowance. Federal SSI benefits should then be used
to address the disabled child's needs, as intended. There are
approximately 1,100 poor New York families struggling with HIV and
caring for a disabled child. This bill would restore 'SSI
invisibility' for disabled children in low-income households that
receive the HIV/AIDS emergency shelter allowance." (Sponsor)

 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

To be determined. (Staff)

 EFFECTIVE DATE :
November 1, after becoming law.

2009-S4333 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4333

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 22, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- 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 eligibility  for
  persons   with   acquired  immunodeficiency  syndrome  or  HIV-related
  illnesses; and providing for the repeal of such  provisions  upon  the
  expiration thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 2 of section 131-a of the social  services  law
is amended by adding a new paragraph (f) to read as follows:
  (F) IN DETERMINING THE ELIGIBILITY FOR AND AMOUNT OF PUBLIC ASSISTANCE
BENEFITS  FOR  A  PERSON OR HOUSEHOLD WHERE ONE OR MORE PERSONS HAS BEEN
MEDICALLY DIAGNOSED AS  HAVING  ACQUIRED  IMMUNODEFICIENCY  SYNDROME  OR
HIV-RELATED  ILLNESSES, A SOCIAL SERVICES DISTRICT SHALL USE THE SPECIAL
SHELTER ALLOWANCE AMOUNTS ESTABLISHED BY THE  OFFICE  OF  TEMPORARY  AND
DISABILITY  ASSISTANCE  IN  REGULATION  FOR THAT PURPOSE RATHER THAN THE
SHELTER ALLOWANCE ESTABLISHED IN PARAGRAPH (B) OF  THIS  SUBDIVISION.  A
SOCIAL  SERVICES  DISTRICT SHALL ONLY USE THIS SPECIAL SHELTER ALLOWANCE
WHEN IT DETERMINES THAT THE PERSON OR FAMILY IS HOMELESS OR  FACED  WITH
HOMELESSNESS  AND FOR WHOM NO VIABLE AND LESS COSTLY ALTERNATIVE HOUSING
IS AVAILABLE AND SUCH ALLOWANCE IS NECESSARY TO  SECURE  HOUSING  OR  TO
MAINTAIN  THE  FAMILY  IN THEIR OWN HOME. IN CALCULATING ELIGIBILITY AND
THE AMOUNT OF BENEFITS, THE SOCIAL SERVICES DISTRICT SHALL CONSIDER ONLY
THE PERSONS  WITH  ACQUIRED  IMMUNODEFICIENCY  SYNDROME  OR  HIV-RELATED
ILLNESS AND THE MEMBERS OF THE PUBLIC ASSISTANCE HOUSEHOLD IN ACCORDANCE
WITH  SECTION ONE HUNDRED THIRTY-ONE-C OF THIS TITLE AND THEIR AVAILABLE
INCOME.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law and shall expire Novem-
ber 1, 2010 when upon such date the provisions  of  this  act  shall  be
deemed repealed.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00439-01-9

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