§ 131-a. Monthly grants and allowances of public assistance. 1. Any
inconsistent provision of this chapter or other law notwithstanding,
social services officials shall, in accordance with the provisions of
this section and regulations of the department, provide public
assistance to needy persons who constitute or are members of a family
household, who are determined to be eligible in accordance with
standards of need established in subdivision two. Provision for such
persons, for all items of need, less any available income or resources
which are not required to be disregarded by other provisions of this
chapter, shall be made in accordance with this section. Such provision
shall be made in monthly or semi-monthly allowances and grants within
the limits of the schedules included in subdivision three of this
section except for additional amounts which shall be included therein
for shelter, fuel for heating, additional cost of meals for persons who
are unable to prepare meals at home and for other items for which
specific provision is otherwise made in article five. As used in this
section the term "shelter" may include a grant not to exceed two
thousand five hundred dollars toward the purchase of an interest in a
cooperative. A social services official shall require assignment of
recipient's equity in such cooperative housing in accordance with the
rules of the board and regulations of the department.

2. (a) Through June thirtieth, two thousand nine, the following
schedule shall be the standard of monthly need for determining
eligibility for all categories of assistance in and by all social
services districts:

Number of Persons in Household

One Two Three Four Five Six

$112 $179 $238 $307 $379 $438

For each additional person in the household there shall be added an
additional amount of sixty dollars monthly.

(a-1) For the period beginning July first, two thousand nine and
ending June thirtieth, two thousand ten, the following schedule shall be
the standard of monthly need for determining eligibility for all
categories of assistance in and by all social services districts:

Number of Persons in Household

One Two Three Four Five Six

$126 $201 $268 $345 $426 $492

For each additional person in the household there shall be added an
additional amount of sixty-seven dollars monthly.

(a-2) For the period beginning July first, two thousand ten and ending
June thirtieth, two thousand twelve, the following schedule shall be the
standard of monthly need for determining eligibility for all categories
of assistance in and by all social services districts:

Number of Persons in Household

One Two Three Four Five Six

$141 $225 $300 $386 $477 $551

For each additional person in the household there shall be added an
additional amount of seventy-five dollars monthly.

(a-3) For the period beginning July first, two thousand twelve and
ending September thirtieth, two thousand twelve, the following schedule
shall be the standard of monthly need for determining eligibility for
all categories of assistance in and by all social services districts:

Number of Persons in Household

One Two Three Four Five Six

$150 $239 $317 $409 $505 $583

For each additional person in the household there shall be added an
additional amount of eighty dollars monthly.

(a-4) For the period beginning October first, two thousand twelve and
thereafter, the following shall be the standard of monthly need for
determining eligibility for all categories of assistance in and by all
social services districts:

Number of Persons in Household

One Two Three Four Five Six

$158 $252 $336 $433 $534 $617

For each additional person in the household there shall be added an
additional amount of eighty-five dollars monthly.

(b) In addition to the above, the standard of need shall include
amounts for shelter and fuel for heating, amounts for home energy
payments (including amounts for supplemental home energy grants),
amounts for additional cost of meals for persons who are unable to
prepare meals at home and amounts for other items when required by
individual case circumstances for which specific provision is otherwise
made in article five of this chapter. For purposes of determining the
amount to be included in the standard of need for shelter and fuel for
heating, to the extent that federal reimbursement is available therefor,
social services officials shall include in the household any child who
has entered foster care pursuant to section three hundred eighty-four-a
of this chapter who was eligible for and in receipt of assistance and
care as a member of the household in and for the month of entry into
foster care and for whom the family service plan, as defined in section
four hundred nine-e of this chapter, includes a goal of discharge to a
member of the household.

(c) Notwithstanding the provisions of this chapter or of any other law
or regulation to the contrary, on and after the effective date of this
paragraph, the amount to be included in the standard of need for shelter
for an eligible tenant residing in city, state or federal public housing
shall be the greater of (i) the shelter allowance for public housing
prescribed by regulations of the department, (ii) the amount payable
pursuant to a modified shelter allowance schedule prescribed by
regulations of the department for the particular housing authority, or
(iii) an amount equal to fifty percent of the maximum shelter allowance
prescribed by regulations of the department for non-public housing
located in the social services district in which the public housing is
located. Commencing one year after such effective date, such shelter
allowance shall be the greater of (i) the shelter allowance for public
housing prescribed by regulations of the department, (ii) the amount
payable pursuant to a modified shelter allowance schedule prescribed by
regulations of the department for the particular housing authority, or
(iii) an amount equal to seventy-five percent of the maximum shelter
allowance prescribed by regulations of the department for non-public
housing located in the social services district in which the public
housing is located. Commencing two years after such effective date, the
amount to be included in the standard of need for shelter for an
eligible tenant residing in city, state or federal public housing shall
be the maximum shelter allowance prescribed by regulations of the
department for non-public housing located in the social services
district in which the public housing is located.

(d) If by the application of the standard of need as provided for in
this subdivision the monthly need of an individual or household is less
than ten dollars, such individual or household shall not be considered
in need of cash assistance but shall be deemed to be a recipient of
assistance for all other purposes including determining eligibility for
medical assistance and social rehabilitative services.

(e) The standard of monthly need, when not a whole dollar amount,
shall be rounded to the next lower whole dollar amount.

3. (a) Through June thirtieth, two thousand nine, persons and families
determined to be eligible by the application of the standard of need
prescribed by the provisions of subdivision two of this section, less
any available income or resources which are not required to be
disregarded by other provisions of this chapter, shall receive maximum
monthly grants and allowances in all social services districts, in
accordance with the following schedule, for public assistance:

Number of Persons in Household

One Two Three Four Five Six

$112 $179 $238 $307 $379 $438

For each additional eligible needy person in the household there shall
be an additional allowance of sixty dollars monthly.

(a-1) For the period beginning July first, two thousand nine and
ending June thirtieth, two thousand ten, persons and families determined
to be eligible by the application of the standard of need prescribed by
the provisions of subdivision two of this section, less any available
income or resources which are not required to be disregarded by other
provisions of this chapter, shall receive maximum monthly grants and
allowances in all social services districts, in accordance with the
following schedule, for public assistance:

Number of Persons in Household

One Two Three Four Five Six

$126 $201 $268 $345 $426 $492

For each additional person in the household there shall be added an
additional amount of sixty-seven dollars monthly.

(a-2) For the period beginning July first, two thousand ten and ending
June thirtieth, two thousand twelve, persons and families determined to
be eligible by the application of the standard of need prescribed by the
provisions of subdivision two of this section, less any available income
or resources which are not required to be disregarded by other
provisions of this chapter, shall receive maximum monthly grants and
allowances in all social services districts, in accordance with the
following schedule, for public assistance:

Number of Persons in Household

One Two Three Four Five Six

$141 $225 $300 $386 $477 $551

For each additional person in the household there shall be added an
additional amount of seventy-five dollars monthly.

(a-3) For the period beginning July first, two thousand twelve and
ending September thirtieth, two thousand twelve, persons and families
determined to be eligible by the application of the standard of need
prescribed by the provisions of subdivision two of this section, less
any available income or resources which are not required to be
disregarded by other provisions of this chapter, shall receive maximum
monthly grants and allowances in all social services districts, in
accordance with the following schedule, for public assistance:

Number of Persons in Household

One Two Three Four Five Six

$150 $239 $317 $409 $505 $583

For each additional person in the household there shall be added an
additional amount of eighty dollars monthly.

(a-4) For the period beginning October first, two thousand twelve and
thereafter, persons and families determined to be eligible by the
application of the standard of need prescribed by the provisions of
subdivision two of this section, less any available income or resources
which are not required to be disregarded by other provisions of this
chapter, shall receive maximum monthly grants and allowances in all
social services districts, in accordance with the following schedule,
for public assistance:

Number of Persons in Household

One Two Three Four Five Six

$158 $252 $336 $433 $534 $617

For each additional person in the household there shall be added an
additional amount of eighty-five dollars monthly.

(b) Notwithstanding the provisions of this section or any other law to
the contrary, no payment of public assistance shall be made for any
month if the amount of such payment would be less than ten dollars per
month.

(c) The amount of the monthly grant and allowance, when not a whole
dollar amount, shall be rounded to the next lower whole dollar amount.

3-c. Commencing July first, nineteen hundred eighty-one, persons and
families determined to be eligible by the application of the standard of
need prescribed by the provision of subdivision two of this section,
shall receive a home energy grant equal to the following monthly
amounts:

Number of Persons in Household

One Two Three Four Five Six

$14.10 $22.50 $30.00 $38.70 $47.70 $55.20
For each additional needy person in the household, there shall be added
an additional amount of seven dollars and fifty cents.

3-d. Commencing January first, nineteen hundred eighty-six, for
persons and families determined to be eligible by the application of the
standard of need prescribed by the provisions of subdivision two of this
section, the amounts set forth in paragraph (a) of subdivision three of
this section, after application of subdivision three-c of this section,
shall be increased by the following amounts as a monthly supplemental
home energy grant:

Number of Persons in Household

One Two Three Four Five Six

$11 $17 $23 $30 $37 $42
For each additional needy person in the household, there shall be added
an additional amount of five dollars monthly.

4. If federal requirements make it necessary to adjust any schedule of
grants and allowances, or part thereof, the department shall make such
adjustments but the adjusted schedule of grants and allowances shall not
exceed the schedule of monthly amounts in subdivision two above.

5. Notwithstanding any other provisions of this chapter or other law,
a social services official may make provisions for the following items
and services: (a) replacement of necessary furniture and clothing for
persons in need of public assistance who have suffered the loss of such
items as the result of fire, flood or other like catastrophe, provided
provisions therefor cannot otherwise be made;

(b) purchase of necessary and essential furniture required for the
establishment of a home for persons in need of public assistance,
provided provision therefor cannot otherwise be made;

(c) essential repair of heating equipment, cooking stoves, and
refrigerators used by persons in need of public assistance in their
homes, provided provision therefor cannot otherwise be made except that
replacement may be authorized when less expensive than repair;

(d) camp fees for a camp operated by a not-for-profit organization,
corporation or agency, which has been issued an operating certificate by
the appropriate health official in whose jurisdiction such camp is
located, when in the judgment of the social services official it is
advisable for the welfare of a child receiving family assistance or
safety net assistance to attend such camp, provided, however, that funds
cannot be obtained from other sources and such assistance is not in
excess of maximum fees as established by regulations of the office of
temporary and disability assistance; life insurance premiums provided
the policy is assigned to the office of temporary and disability
assistance, or in cases where the recipient is aged, his or her life
expectancy is short, or he or she is deemed uninsurable;

(e) Provision of allowances as prescribed by regulations of the
department to meet the needs of a pregnant woman, beginning with the
fourth month of pregnancy which has been medically verified.

7. Whenever a social services official finds that a recipient of
public assistance has failed to fully apply the amount allowed in his
grant for shelter to the payment of rent for his housing accommodations,
unless rent is being withheld pursuant to law or court order, the social
services official shall furnish such recipient's shelter allowance in
the form of direct payments to the owner of such housing accommodations
or his or her designated agent.

8. (a) In determining the need for aid provided pursuant to the public
assistance programs, the following income earned during a month by
applicants for or recipients of such aid shall be exempt and
disregarded:

(i) all of the earned income of a dependent child receiving such aid
or for whom an application for such aid has been made, who is a
full-time student or part-time student attending a school, college, or
university, or a course of vocational or technical training designed to
fit him for gainful employment;

(ii) fifty percent of the earned income for such month of any
recipient; 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;

(iii) from the earned income of any child, applicant, recipient, or
relative applying for or receiving aid pursuant to such program, or of
any other individual living in the same household as such relative and
child whose needs are taken into account in making such determination,
one hundred fifty dollars of the earned income for such month that
remains after application of subparagraph (ii) of this paragraph;

(v) the first one hundred dollars received in such month which
represent support payments timely paid in and for such month for one
child, and the first two hundred dollars received in such month which
represent support payments timely paid in and for such month for two or
more children, and the first one hundred dollars received in such month
which represent support payments timely paid in and for each of any
prior months for one child, and the first two hundred dollars received
in such month which represent support payments timely paid in and for
each of any prior months for two or more children, in any household
applying for or receiving public assistance, including support payments
collected and paid to the public assistance household by the social
services district;

(vi) in any calendar year, all of the earned income of a dependent
child receiving such aid who is a full-time student;

(vii) all of the income of a dependent child living with a parent or
other caretaker relative, who is receiving such aid or for whom an
application for such aid has been made, which is derived from
participation in a program carried out under the federal job training
partnership act (P.L. 97-300) or any successor act, provided, however,
that in the case of earned income such disregard must be applied for at
least, but no longer than, six months per calendar year for each such
child.

(viii) any federal income taxes refunded by reason of section
thirty-two of the Internal Revenue Code of nineteen hundred eighty-six
relating to the earned income tax credit or any payment by an employer
under section three thousand five hundred seven of such code relating to
advance payment of the earned income tax credit.

(ix) all of the income derived from participation in the summer youth
employment program, provided however, that such income shall be exempt
only for an individual who is not older than age twenty-four at the time
of enrollment in the summer youth employment program and such disregard
must be applied for the length of the individual's participation in such
program.

(x) all of the income of a head of household or any person in the
household, who is receiving such aid or for whom an application for such
aid has been made, which is derived from the health care and mental
hygiene worker bonuses under section three hundred sixty-seven-w of this
article or under the chapter of the laws of two thousand twenty-two
which added this subparagraph.

* (xi) Any financial assistance received by individuals as part of
their participation in a pilot program that has developed a plan to
study and evaluate the impact and potential benefits of direct cash
transfers. Such exemption and disregard shall be applicable for the
length of time the individual participates in the program, but not
longer than sixty months.

* NB Repealed March 23, 2029

(xii) all of the earned income of a recipient of public assistance
that is derived from participation in a qualified work activity or
training program as determined by the office of temporary and disability
assistance, to the extent that such earned income has not already been
disregarded pursuant to subparagraph (vii) of this paragraph, provided
that the recipient's total income shall not be more than two hundred
percent of the federal poverty level.

(xiii) once during the lifetime of a recipient of public assistance,
all of the earned income of such recipient will be disregarded following
job entry, provided that such exemption of income for purposes of public
assistance eligibility shall be for no more than six consecutive months
from the initial date of obtaining such employment and that the
recipient's total income shall not be more than two hundred percent of
the federal poverty level. In the event a recipient moves from one to
another social services district, this disregard shall follow the
recipient.

(b) Notwithstanding the provisions of paragraph (a) of this
subdivision, there shall not be disregarded under subparagraphs (ii) and
(iii) of such paragraph any earned income of any of the persons to which
subparagraph (ii) of such paragraph applies if such person:

(i) terminated his employment or reduced his earned income without
good cause, within a period of not less than seventy-five days, or such
other period of time as required by federal law or regulation, prior to
a determination of need for public assistance;

(ii) refused without good cause, within such seventy-five day period,
to accept employment in which he is able to engage, which is offered
through the public employment office of the New York state department of
labor or refused to accept employment otherwise offered by an employer
if the offer of such employer is determined by an appropriate social
services official to be a bona fide offer of employment; or

(iii) failed without good cause to make a timely report to the
appropriate social services district of earned income received in the
month a determination of need is made.

(c) There shall not be disregarded under subparagraph (iii) of
paragraph (a) of this subdivision any earned income of any of the
persons specified in subparagraph (ii) of such paragraph, if the income
of such person was in excess of his or her need, unless such person
received public assistance in one or more of the four months preceding
the month of need determination.

9. In determining the eligibility of a child for public assistance and
the amount of such assistance for any month there shall be taken into
consideration so much of the income of such dependent child's stepparent
living in the same household as such child as exceeds the sum of:

(a) the first seventy-five dollars of the total of the stepparent's
earned income for such month, or such lesser amount as the department
may prescribe in the case of a stepparent not engaged in full-time
employment or not employed throughout such month consistent with federal
law and regulations;

(b) the standard of need as contained in this section for a family of
the same composition as the stepparent and those other individuals
living in the same household as the child who are not applying for or
receiving benefits and are claimed by such stepparent as dependents for
purposes of determining such stepparent's federal income tax liability;

(c) amounts paid by the stepparent to individuals not living in such
household and claimed by such stepparent as dependents for purposes of
determining such stepparent's federal personal income tax liability; and

(d) payments of alimony or child support made by such stepparent with
respect to individuals not living in such household.

12. (a) No public assistance household having income which, after
application of applicable disregards, exceeds the household standard of
need, because of the receipt in any month of a nonrecurring lump sum of
earned or unearned income, shall be eligible for public assistance for a
period equal to the full number of months derived by dividing (i) the
sum of the lump sum income and all other income received in such month
which is not excluded under subdivision eight of this section; by (ii)
the standard of need for a family size which consists of the public
assistance household plus any other individuals whose lump sum income is
considered available to such household. Any income remaining from this
calculation is income in the first month following such period of
ineligibility.

(b) At any time after determining the period of ineligibility as
required in paragraph (a) of this subdivision, the social services
official shall recalculate the remaining period of ineligibility in such
circumstances and under such conditions as the department shall
prescribe by regulation, subject to paragraph (c) of this subdivision
and consistent with federal law and regulations.

(c) The social services official shall exclude from any lump sum
income any amounts which are exempt and disregarded as cash and liquid
or nonliquid resources pursuant to section one hundred thirty-one-n of
this title and shall recalculate the period of ineligibility caused by
receipt of a nonrecurring lump sum of income subject to this subdivision
to the extent that such income is applied to any or all of the following
within ninety days of receipt: an automobile needed for the applicant or
recipient to seek or retain employment or for travel to and from work
activities as defined in section three hundred thirty-six of this
chapter, a bank account or accounts, or a burial plot or plots, or a
funeral agreement or agreements, the values of which are exempt and
disregarded as a resource pursuant to section one hundred thirty-one-n
of this title.

13. Pursuant to regulations of the office of temporary and disability
assistance, public assistance eligibility shall, to the extent permitted
by federal law, not lapse solely by reason of the death of the adult
relative caretaker of a minor child, until arrangements are completed
for the addition of the child to another public assistance household,
reclassification of the case, foster care or other appropriate financial
support. For purposes of subdivision eight of section one hundred
fifty-three of this article, safety net assistance given to such a child
during the first forty-five days after application therefor shall be
regarded as being given to meet emergency circumstances.

14. In determining the need for aid provided pursuant to public
assistance programs, each person living with medically diagnosed HIV
infection as defined by the AIDS institute of the department of health
in social services districts with a population over five million who is
receiving services through such district's administrative unit providing
HIV/AIDS services, public assistance and earned and/or unearned income,
shall not be required to pay more than thirty percent of his or her
monthly earned and/or unearned income toward the cost of rent that such
person has a direct obligation to pay; this provision shall not apply to
room and board arrangements.

15. In determining the need for aid provided pursuant to public
assistance programs, each public assistance recipient living with
medically diagnosed HIV infection as defined by the AIDS institute of
the department of health in social services districts with a population
of five million or fewer, at local option and in accordance with a plan
approved by the office of temporary and disability assistance, may not
be required to pay more than thirty percent of his or her monthly earned
and/or unearned income toward the cost of rent that such person has a
direct obligation to pay; this provision shall not apply to room and
board arrangements.