S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3156
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced  by  M.  of A. HEVESI, REYES -- read once and referred to the
   Committee on Social Services
 
 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:

   Section 1. Paragraph (a) of subdivision 8  of  section  131-a  of  the
 social  services law is amended by adding a new subparagraph (x) to read
 as follows:
   (X) ANY UNEARNED INCOME OF A CHILD WHEN THE PARENT OR NON-PARENT CARE-
 GIVER CHOOSES TO EXCLUDE SUCH CHILD FROM THE PUBLIC ASSISTANCE HOUSEHOLD
 PURSUANT TO SUBDIVISION ONE OF SECTION ONE HUNDRED THIRTY-ONE-C OF  THIS
 ARTICLE.
   §  2. The section heading of section 131-c of the social services law,
 as added by chapter 42 of the laws  of  1985,  is  amended  to  read  as
 follows:
   Inclusion  of  parents [and siblings] of a minor in the public assist-
 ance household.
   § 3. Subdivision 1 of section 131-c of the  social  services  law,  as
 added by chapter 42 of the laws of 1985, is amended to read as follows:
   1.  For  the purposes of determining eligibility for and the amount of
 assistance payable, the social services district shall, when a minor  is
 named  as  an  applicant  for public assistance, require that his or her
 parents [and minor brothers and sisters] also apply for  assistance  and
 be included in the household for purposes of determining eligibility and
 grant  amounts,  if such individuals reside in the same dwelling unit as
 the minor applying for assistance. Any income of or available  for  such
 parents,  [brothers and sisters] which is not disregarded under subdivi-
 sion eight of section one hundred thirty-one-a of this article, shall be
 considered available to such household. [The provisions of] A PARENT  OR
 NON-PARENT  CAREGIVER  MAY CHOOSE TO EXCLUDE ANY OTHER CHILD OR CHILDREN

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

                                                            LBD01684-01-1

 A. 3156                             2
 
 RESIDING IN THE SAME DWELLING UNIT FROM THE PUBLIC ASSISTANCE HOUSEHOLD.
 NOTHING IN this [subdivision] CHAPTER shall [not apply to] REQUIRE indi-
 viduals who are recipients of federal supplemental security income bene-
 fits, or WHO RECEIVE additional state payments pursuant to this chapter,
 or  [to individuals] whose relationship to the minor is that of A BROTH-
 ER, SISTER, HALF-BROTHER, HALF-SISTER, stepbrother [or], stepsister,  OR
 COUSIN,  or [to] any other individuals whose needs are excluded pursuant
 to department regulations consistent with federal law  and  regulations,
 TO BE INCLUDED AS PART OF THE PUBLIC ASSISTANCE HOUSEHOLD.
   §  4.  This  act shall take effect either on the one hundred eightieth
 day after it shall have become a law or after the  commissioner  of  the
 office  of temporary and disability assistance certifies that the office
 has an  information  technology  system  capable  of  accommodating  the
 provisions  in  this  act,  whichever  shall  have  taken  place sooner;
 provided that the commissioner of the office of temporary and disability
 assistance shall notify the legislative bill drafting commission of  the
 date  of such certification in order that the commission may maintain an
 accurate and timely effective database of the official text of the  laws
 of  the  state of New York in furtherance of effectuating the provisions
 of section 44 of the legislative law and  section  70-b  of  the  public
 officers  law.    Effective  immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.