NY State Senate Bill 2023-S1226

Senate Bill S1226

2023-2024 Legislative Session

Determines that disability compensation or benefits received by veterans from the VA are not to be treated as income or resources for purposes of determining eligibility for means-tested programs

download bill text pdf

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to veterans, homeland security and military affairs
Jan 10, 2023	referred to veterans, homeland security and military affairs

co-Sponsors

2023-S1226 (ACTIVE) - Details

Current Committee:: Senate Veterans, Homeland Security And Military Affairs
Law Section:: Military Law
Laws Affected:: Add §235-b, Mil L
Versions Introduced in 2021-2022 Legislative Session:: S7472

2023-S1226 (ACTIVE) - Summary

Determines that disability compensation or benefits received by veterans from the United States department of veterans affairs are not to be treated as income or resources for purposes of determining eligibility for means-tested programs.

2023-S1226 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1226

SPONSOR: ORTT
 
TITLE OF BILL:

An act to amend the military law, in relation to determining that disa-
bility compensation or benefits received by veterans from the United
States department of veterans affairs are not to be treated as income or
resources for purposes of determining eligibility for means-tested
programs

 
PURPOSE:

To ensure assistance and benefits received by veterans are not handled
as income for capacity of means-tested programs.

 
SUMMARY OF PROVISIONS:

Section 1. Amends the military law by adding a new section 235-b barring
certain income and resources to not be encompassed in veterans' compen-
sation when deciding what is eligible for any level of assisted
programs. When finalizing the application for such programs, benefits

from the VA are not to be added.

Section 2. Establishes an immediate effective date.

 
JUSTIFICATION:

Veterans serve not only our country but also the state of New York in
many ways. Upon returning into the civilian world there are many bene-
fits needed to live day-to-day life. These benefits should not be
included in the eligibility requirements needed for means-tested
programs such as family assistance, food stamp program, etc.

The objective with this legislation is that VA benefits will not be
considered as income when looking at eligibility for state and federal
welfare programs. This will provide veterans with more flexible options
for resources that have been received after returning from deployment.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: S. 7472 Referred to Veterans

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S1226 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1226
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2023
                                ___________
 
 Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Veterans, Homeland Securi-
   ty and Military Affairs
 
 AN ACT to amend the military law, in relation to determining that  disa-
   bility  compensation  or benefits received by veterans from the United
   States department of veterans affairs are not to be treated as  income
   or  resources for purposes of determining eligibility for means-tested
   programs
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The military law is amended by adding a new section 235-b
 to read as follows:
   § 235-B. INCOME AND RESOURCES NOT TO INCLUDE UNITED STATES  DEPARTMENT
 OF  VETERANS  AFFAIRS  DISABILITY  COMPENSATION OR BENEFITS. 1. NOTWITH-
 STANDING ANY INCONSISTENT PROVISION  OF  LAW,  THE  TERMS  "INCOME"  AND
 "RESOURCES" FOR THE PURPOSE OF DETERMINING ELIGIBILITY FOR OR THE AMOUNT
 OF  BENEFITS UNDER ANY MEANS-TESTED STATE OR STATE ASSISTED OR FEDERALLY
 ASSISTED PROGRAM INCLUDING BUT NOT LIMITED TO PROGRAMS OF PUBLIC ASSIST-
 ANCE AND CARE,  INCLUDING  FAMILY  ASSISTANCE,  SAFETY  NET  ASSISTANCE,
 MEDICAL  ASSISTANCE,  TITLE  XX  OF  THE SOCIAL SECURITY ACT, FOOD STAMP
 PROGRAM, THE PROGRAM OF ADDITIONAL STATE PAYMENTS  TO  PERSONS  ELIGIBLE
 FOR  SUPPLEMENTAL SECURITY INCOME, THE LOW INCOME HOME ENERGY ASSISTANCE
 PROGRAM AND  GRANTS,  LOANS  AND  SCHOLARSHIPS  AND  OTHER  MEANS-TESTED
 PROGRAMS  FOR  EDUCATIONAL  ASSISTANCE,  SHALL  NOT  INCLUDE BENEFITS OR
 PAYMENTS RECEIVED FROM THE UNITED STATES DEPARTMENT OF VETERANS  AFFAIRS
 FOR  VETERANS  AFFAIRS DISABILITY COMPENSATION OR VETERANS AFFAIRS DISA-
 BILITY BENEFITS.   THE FOREGOING REQUIREMENTS SHALL  NOT  APPLY  TO  ANY
 MEANS-TESTED  FEDERALLY  ASSISTED  PROGRAM  WHERE  THE EXCLUSION OF SUCH
 DISABILITY BENEFITS OR PAYMENTS RECEIVED FROM INCOME  IS  EXPRESSLY  AND
 UNANIMOUSLY PROHIBITED BY FEDERAL LAW, RULE OR REGULATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04766-01-3
 S. 1226                             2

 
   2.  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, ANY APPLICATION
 FOR ANY MEANS-TESTED STATE  OR  STATE  ASSISTED  OR  FEDERALLY  ASSISTED
 PROGRAM  INCLUDING  BUT NOT LIMITED TO PROGRAMS OF PUBLIC ASSISTANCE AND
 CARE,  INCLUDING  FAMILY  ASSISTANCE,  SAFETY  NET  ASSISTANCE,  MEDICAL
 ASSISTANCE, TITLE XX OF THE SOCIAL SECURITY ACT, FOOD STAMP PROGRAM, THE
 PROGRAM  OF  ADDITIONAL  STATE  PAYMENTS TO PERSONS ELIGIBLE FOR SUPPLE-
 MENTAL SECURITY INCOME, THE LOW INCOME HOME  ENERGY  ASSISTANCE  PROGRAM
 AND  GRANTS,  LOANS AND SCHOLARSHIPS AND OTHER MEANS-TESTED PROGRAMS FOR
 EDUCATIONAL ASSISTANCE, SHALL CLEARLY AND EXPLICITLY INFORM  ANY  APPLI-
 CANT  ON  SUCH  APPLICATION  THAT  UNITED  STATES DEPARTMENT OF VETERANS
 AFFAIRS DISABILITY COMPENSATION AND UNITED STATES DEPARTMENT OF VETERANS
 AFFAIRS DISABILITY BENEFITS ARE NOT INCOME OR RESOURCES FOR THE PURPOSES
 OF DETERMINING ELIGIBILITY FOR OR  THE  AMOUNT  OF  BENEFITS  UNDER  ANY
 MEANS-TESTED  STATE  OR STATE ASSISTED OR FEDERALLY ASSISTED PROGRAM AND
 SHALL CLEARLY DIRECT SUCH APPLICANT  NOT  TO  INCLUDE  VETERANS  AFFAIRS
 DISABILITY  COMPENSATION  OR  VETERANS  AFFAIRS  DISABILITY  BENEFITS AS
 INCOME OR RESOURCES WHEN COMPLETING SUCH  APPLICATION.    THE  FOREGOING
 REQUIREMENTS  SHALL  NOT  APPLY  TO  ANY MEANS-TESTED FEDERALLY ASSISTED
 PROGRAM WHERE THE EXCLUSION OF  SUCH  DISABILITY  BENEFITS  OR  PAYMENTS
 RECEIVED  FROM INCOME IS EXPRESSLY AND UNANIMOUSLY PROHIBITED BY FEDERAL
 LAW, RULE OR REGULATION.
   § 2. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S1226

Share this bill

Sponsored By

Robert G. Ortt