State Codes and Statutes

Statutes > New-york > Sos > Article-5 > Title-1 > 131-n

* §  131-n.  Exemption  of  income  and  resources.  1.  The following  resources 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 dollars,  or  three  thousand  dollars in the case of households in which any member is sixty  years of age or older, (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  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  four thousand six hundred fifty dollars fair market  value, provided, however, that if  the  automobile  is  needed  for  the  applicant  or  recipient  to  seek or retain employment or travel to and  from work activities as defined in section three hundred  thirty-six  of  this  chapter,  the  automobile  exemption  shall  be  increased to nine  thousand three hundred dollars, 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 and (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 regulations. If federal law or regulations  require  the  exemption or disregard of additional income and resources in determining  need  for  family  assistance,  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.    2. If and to the extent permitted  by  federal  law  and  regulations,  amounts  received  under section 105 of Public Law 100-383 as reparation  payments for internment  of  Japanese-Americans  and  payments  made  to  individuals  because  of  their status as victims of Nazi persecution as  defined in P.L. 103-286 shall be exempt from consideration as income  or  resources  for purposes of determining eligibility for and the amount of  benefits under any program provided under the authority of this  chapter  and under title XX of the Social Security Act.    3.  The  department  is  authorized  to establish regulations defining  income and resources. The department is further authorized to promulgate  regulations it deems necessary to prevent the improper establishment and  use of accounts for purchase of first or replacement vehicles.    * NB Effective until August 22, 2011    * § 131-n. Additional exemption of income and  resources  pursuant  to  federal  law  and regulations. 1. If federal law or regulations require,  as a condition of qualifying for federal  financial  participation,  the  exemption  or  disregard of income and resources in determining need for  aid to  dependent  children,  or  medical  assistance  not  exempted  ordisregarded  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.  Such  exemptions  and disregards shall be  limited solely to income resulting from  increases  in  social  security  benefits  authorized  by  Public  Law 92-336, and refunds required to be  disregarded in federally aided programs by Public Law 94-164 for  months  prior  to July first, nineteen hundred seventy-six, or any other federal  law extending the requirement that refunds resulting from earned  income  tax credits be disregarded in federally aided programs.    2.  If  and  to  the  extent permitted by federal law and regulations,  amounts received under section 105 of Public Law 100-383  as  reparation  payments  for  internment  of  Japanese-Americans  and  payments made to  individuals because of their status as victims of  Nazi  persecution  as  defined  in P.L. 103-286 shall be exempt from consideration as income or  resources for purposes of determining eligibility for and the amount  of  benefits  under any program provided under the authority of this article  and under title XX of the Social Security Act; provided,  however,  that  such  treatment  shall be applied in the home relief program only to the  extent that it is permitted under federal law in the program of  aid  to  dependent children.    * NB Effective August 22, 2011

State Codes and Statutes

Statutes > New-york > Sos > Article-5 > Title-1 > 131-n

* §  131-n.  Exemption  of  income  and  resources.  1.  The following  resources 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 dollars,  or  three  thousand  dollars in the case of households in which any member is sixty  years of age or older, (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  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  four thousand six hundred fifty dollars fair market  value, provided, however, that if  the  automobile  is  needed  for  the  applicant  or  recipient  to  seek or retain employment or travel to and  from work activities as defined in section three hundred  thirty-six  of  this  chapter,  the  automobile  exemption  shall  be  increased to nine  thousand three hundred dollars, 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 and (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 regulations. If federal law or regulations  require  the  exemption or disregard of additional income and resources in determining  need  for  family  assistance,  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.    2. If and to the extent permitted  by  federal  law  and  regulations,  amounts  received  under section 105 of Public Law 100-383 as reparation  payments for internment  of  Japanese-Americans  and  payments  made  to  individuals  because  of  their status as victims of Nazi persecution as  defined in P.L. 103-286 shall be exempt from consideration as income  or  resources  for purposes of determining eligibility for and the amount of  benefits under any program provided under the authority of this  chapter  and under title XX of the Social Security Act.    3.  The  department  is  authorized  to establish regulations defining  income and resources. The department is further authorized to promulgate  regulations it deems necessary to prevent the improper establishment and  use of accounts for purchase of first or replacement vehicles.    * NB Effective until August 22, 2011    * § 131-n. Additional exemption of income and  resources  pursuant  to  federal  law  and regulations. 1. If federal law or regulations require,  as a condition of qualifying for federal  financial  participation,  the  exemption  or  disregard of income and resources in determining need for  aid to  dependent  children,  or  medical  assistance  not  exempted  ordisregarded  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.  Such  exemptions  and disregards shall be  limited solely to income resulting from  increases  in  social  security  benefits  authorized  by  Public  Law 92-336, and refunds required to be  disregarded in federally aided programs by Public Law 94-164 for  months  prior  to July first, nineteen hundred seventy-six, or any other federal  law extending the requirement that refunds resulting from earned  income  tax credits be disregarded in federally aided programs.    2.  If  and  to  the  extent permitted by federal law and regulations,  amounts received under section 105 of Public Law 100-383  as  reparation  payments  for  internment  of  Japanese-Americans  and  payments made to  individuals because of their status as victims of  Nazi  persecution  as  defined  in P.L. 103-286 shall be exempt from consideration as income or  resources for purposes of determining eligibility for and the amount  of  benefits  under any program provided under the authority of this article  and under title XX of the Social Security Act; provided,  however,  that  such  treatment  shall be applied in the home relief program only to the  extent that it is permitted under federal law in the program of  aid  to  dependent children.    * NB Effective August 22, 2011

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Sos > Article-5 > Title-1 > 131-n

* §  131-n.  Exemption  of  income  and  resources.  1.  The following  resources 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 dollars,  or  three  thousand  dollars in the case of households in which any member is sixty  years of age or older, (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  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  four thousand six hundred fifty dollars fair market  value, provided, however, that if  the  automobile  is  needed  for  the  applicant  or  recipient  to  seek or retain employment or travel to and  from work activities as defined in section three hundred  thirty-six  of  this  chapter,  the  automobile  exemption  shall  be  increased to nine  thousand three hundred dollars, 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 and (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 regulations. If federal law or regulations  require  the  exemption or disregard of additional income and resources in determining  need  for  family  assistance,  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.    2. If and to the extent permitted  by  federal  law  and  regulations,  amounts  received  under section 105 of Public Law 100-383 as reparation  payments for internment  of  Japanese-Americans  and  payments  made  to  individuals  because  of  their status as victims of Nazi persecution as  defined in P.L. 103-286 shall be exempt from consideration as income  or  resources  for purposes of determining eligibility for and the amount of  benefits under any program provided under the authority of this  chapter  and under title XX of the Social Security Act.    3.  The  department  is  authorized  to establish regulations defining  income and resources. The department is further authorized to promulgate  regulations it deems necessary to prevent the improper establishment and  use of accounts for purchase of first or replacement vehicles.    * NB Effective until August 22, 2011    * § 131-n. Additional exemption of income and  resources  pursuant  to  federal  law  and regulations. 1. If federal law or regulations require,  as a condition of qualifying for federal  financial  participation,  the  exemption  or  disregard of income and resources in determining need for  aid to  dependent  children,  or  medical  assistance  not  exempted  ordisregarded  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.  Such  exemptions  and disregards shall be  limited solely to income resulting from  increases  in  social  security  benefits  authorized  by  Public  Law 92-336, and refunds required to be  disregarded in federally aided programs by Public Law 94-164 for  months  prior  to July first, nineteen hundred seventy-six, or any other federal  law extending the requirement that refunds resulting from earned  income  tax credits be disregarded in federally aided programs.    2.  If  and  to  the  extent permitted by federal law and regulations,  amounts received under section 105 of Public Law 100-383  as  reparation  payments  for  internment  of  Japanese-Americans  and  payments made to  individuals because of their status as victims of  Nazi  persecution  as  defined  in P.L. 103-286 shall be exempt from consideration as income or  resources for purposes of determining eligibility for and the amount  of  benefits  under any program provided under the authority of this article  and under title XX of the Social Security Act; provided,  however,  that  such  treatment  shall be applied in the home relief program only to the  extent that it is permitted under federal law in the program of  aid  to  dependent children.    * NB Effective August 22, 2011