S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5501
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              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:

   Section  1.  Subparagraph  (ii)  of  paragraph (a) of subdivision 8 of
 section 131-a of the social services law, as amended  by  section  3  of
 part U of chapter 56 of the laws of 2022, is amended to read as follows:
   (ii)  fifty  percent of the earned income for such month of any APPLI-
 CANT, recipient, OR RELATIVE APPLYING FOR AND RECEIVING AID PURSUANT  TO
 SUCH  PROGRAM;  provided,  however, that such percentage amount shall be
 adjusted in June of each year to reflect changes in  the  most  recently
 issued  poverty  guidelines  of  the United States Bureau of the Census,
 such that a household of three without special needs, living in a heated
 apartment in New York city and  without  unearned  income  would  become
 ineligible for assistance with gross earnings equal to the poverty level
 in such guidelines;
   §  2.  Paragraph  (a)  of subdivision 8 of section 131-a of the social
 services law is amended by adding a new subparagraph  (xi)  to  read  as
 follows:
   (XI)  ANY  UNEARNED  INCOME  OF  A CHILD WHEN THE PARENT OR NON-PARENT
 CAREGIVER CHOOSES TO EXCLUDE  SUCH  CHILD  FROM  THE  PUBLIC  ASSISTANCE
 HOUSEHOLD   PURSUANT   TO   SUBDIVISION   ONE  OF  SECTION  ONE  HUNDRED
 THIRTY-ONE-C OF THIS ARTICLE.
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04235-01-3
              

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 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 this subdivi-
 sion shall not apply to individuals] A PARENT  OR  NON-PARENT  CAREGIVER
 MAY  CHOOSE  TO EXCLUDE ANY OTHER CHILD OR CHILDREN RESIDING IN THE SAME
 DWELLING UNIT FROM THE PUBLIC ASSISTANCE HOUSEHOLD. INDIVIDUALS who  are
 recipients  of  federal supplemental security income benefits or RECEIVE
 additional state payments pursuant to this chapter, [or  to  individuals
 whose relationship to the minor is that of stepbrother or stepsister, or
 to any other individuals whose needs are excluded pursuant to department
 regulations  consistent  with  federal law and regulations] SHALL NOT BE
 INCLUDED IN THE PUBLIC ASSISTANCE HOUSEHOLD.
   § 4. Subdivision 1 of section 131-n of the  social  services  law,  as
 amended  by  section  5  of part U of chapter 56 of the laws of 2022, is
 amended to read as follows:
   1. [The following resources] ANY ASSETS HELD BY THE HOUSEHOLD shall be
 exempt and disregarded in calculating the  amount  of  benefits  of  any
 household  under  any public assistance program[: (a) cash and liquid or
 nonliquid resources up to two thousand five hundred dollars  for  appli-
 cants,  three  thousand  seven  hundred  fifty dollars for applicants in
 households in which any member is sixty years of  age  or  older  or  is
 disabled  or  ten  thousand  dollars for recipients, (b) an amount up to
 four thousand six hundred fifty  dollars  in  a  separate  bank  account
 established  by  an  individual while currently in receipt of assistance
 for the sole purpose of enabling the individual to purchase a  first  or
 replacement  vehicle  for  the  recipient  to  seek,  obtain or maintain
 employment, so long as the funds are not used for any other purpose, (c)
 an amount up to one thousand four hundred dollars  in  a  separate  bank
 account  established  by  an  individual  while  currently in receipt of
 assistance for the purpose of paying tuition at a two-year or  four-year
 accredited  post-secondary educational institution, so long as the funds
 are not used for any other purpose, (d) the  home  which  is  the  usual
 residence  of  the  household,  (e)  one  automobile, up to ten thousand
 dollars fair market value,  through  March  thirty-first,  two  thousand
 seventeen;  one  automobile,  up  to eleven thousand dollars fair market
 value, from April first, two thousand seventeen  through  March  thirty-
 first,  two thousand eighteen; and one automobile, up to twelve thousand
 dollars fair market value, beginning April first, two thousand  eighteen
 and  thereafter,  or  such other higher dollar value as the local social
 services district may elect to adopt, (f) one burial plot per  household
 member  as  defined  in  department  regulations,  (g) bona fide funeral
 agreements up to a total of one thousand five hundred dollars in  equity
 value  per  household  member,  (h)  funds  in an individual development
 account established in accordance with subdivision five of section three
 hundred fifty-eight of this chapter and section four  hundred  three  of
 the  social  security act, (i) for a period of six months, real property
 which the household is making a good faith effort to sell, in accordance
 with department regulations and tangible personal property necessary for
 business or for employment purposes in accordance with department  regu-
 lations, and (j) funds in a qualified tuition program that satisfies the
 requirement  of  section  529  of  the Internal Revenue Code of 1986, as
 amended, and (k) funds in a New York achieving a better life  experience
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 savings  account  established  in accordance with article eighty-four of
 the mental hygiene law].
   If  federal  law  or regulations require the exemption or disregard of
 additional income and resources in determining need for  family  assist-
 ance,  or medical assistance not exempted or disregarded pursuant to any
 other provision of this chapter,  the  department  may,  by  regulations
 subject  to  the  approval of the director of the budget, require social
 services officials to exempt or disregard  such  income  and  resources.
 Refunds resulting from earned income tax credits shall be disregarded in
 public assistance programs.
   §  5.  This act shall take effect immediately; provided, however, that
 the amendments to section 131-n of  the  social  services  law  made  by
 section four of this act shall not affect the expiration of such section
 and shall expire therewith.