Assembly Bill A5317

2023-2024 Legislative Session

Allows for certain disability benefits to continue in the event an individual who is receiving such benefits gets married

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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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2023-A5317 (ACTIVE) - Details

See Senate Version of this Bill:
S9285
Current Committee:
Assembly Health
Law Section:
Social Services Law
Laws Affected:
Amd §§366 & 367-a, add §366-j, Soc Serv L

2023-A5317 (ACTIVE) - Summary

Allows for certain disability benefits to continue in the event an individual who is receiving such benefits gets married; provides that the marriage to another individual which would otherwise make an individual ineligible for certain disability benefits shall not be considered if such individual is already receiving disability benefits at the time of becoming married and continues to meet certain criteria.

2023-A5317 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5317
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2023
                                ___________
 
 Introduced  by  M.  of A. SIMON -- Multi-Sponsored by -- M. of A. AUBRY,
   CONRAD, CUNNINGHAM, DARLING, DINOWITZ, KELLES, REYES -- read once  and
   referred to the Committee on Health
 
 AN  ACT  to  amend  the social services law, in relation to allowing for
   certain disability benefits to continue in the event an individual who
   is receiving such benefits gets married
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Clause (iv) of subparagraph 5 of paragraph (a) of subdivi-
 sion 1 of section 366 of the social services law, as added by section  1
 of  part  D  of  chapter  56  of the laws of 2013, is amended to read as
 follows:
   (iv) Married couples. In the case of a married couple living together,
 each spouse will be included in  the  household  of  the  other  spouse,
 regardless  of  whether  they  expect  to  file a joint tax return under
 section six thousand thirteen of the internal revenue  code  or  whether
 one spouse expects to be claimed as a tax dependent by the other spouse.
 PROVIDED,  HOWEVER, THAT FOR PURPOSES OF ELIGIBILITY DETERMINATION UNDER
 SUBPARAGRAPHS FIVE AND SIX OF  PARAGRAPH  (C)  OF  THIS  SUBDIVISION,  A
 SPOUSE SHALL NOT BE INCLUDED IN THE HOUSEHOLD OF THE OTHER SPOUSE IF ONE
 SPOUSE  IS RECEIVING BENEFITS AS AN UNMARRIED INDIVIDUAL AND AS A RESULT
 OF GETTING MARRIED WOULD NO LONGER BE ELIGIBLE TO RECEIVE SUCH BENEFITS.
   § 2. Subdivision 12 of section 367-a of the social  services  law,  as
 amended  by  section  42 of part B of chapter 57 of the laws of 2015, is
 amended to read as follows:
   12. (A) Prior to receiving medical assistance under subparagraphs five
 and six of paragraph (c) of subdivision one  of  section  three  hundred
 sixty-six of this title, a person whose net available income is at least
 one  hundred  fifty  percent  of  the applicable federal income official
 poverty line, as defined and updated by the United States department  of
 health  and  human  services,  must pay a monthly premium, in accordance
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08823-01-3
              

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