NY Soc Serv L § 209 (2021)
2021 New York Laws SOS - Social Services Article 5 - Assistance and Care Title 6 - Additional State Payments for Eligible Aged, Blind and Disabled Persons 209 - Eligibility.

§ 209. Eligibility. 1. (a) Notwithstanding any law to the contrary, no person  shall  be eligible for any payment pursuant to this title who is ineligible for supplemental security income for any  reason  other  than having  countable  income  exceeding  the  federal benefit rate for such program. An individual shall be eligible  to  receive  additional  state payments  if  he  or  she  has  applied for supplemental security income benefits, has received a determination with respect to such  application and:  (i) is over sixty-five years of age, or is blind or disabled; and  (ii)  does  not have countable income in an amount equal to or greater than the standard  of  need  established  in  subdivision  two  of  this section; and  (iii)  does  not  have  countable  resources  in an amount equal to or greater than the amount of resources an individual or  couple  may  have and  remain  eligible for supplemental security income benefits pursuant to federal law and regulations of the department; and  (iv) is a resident of the state and is either a citizen of the  United States  or  is  not  an  alien who is or would be ineligible for federal supplemental security income benefits solely by reason of alien status.  (b) A person who is properly receiving  supplemental  security  income benefits  shall be deemed to have met the eligibility criteria contained in  subparagraphs  (i),  (ii)  and  (iii)  of  paragraph  (a)  of   this subdivision.  (c)  A  person  who,  for  the  month  of  December,  nineteen hundred seventy-three, properly received a grant of assistance under the state's program of old age assistance, assistance  to  the  blind,  aid  to  the disabled  or  the  combined  program  of aid to aged, blind and disabled persons, shall be deemed to have met the eligibility  criteria  of  this subdivision;  provided, however, that a disabled person who did not also receive such a grant for any  month  prior  to  July,  nineteen  hundred seventy-three, shall not be deemed to have met such eligibility criteria under  this  paragraph.  A  person  who  is  deemed  eligible under this paragraph shall continue to be deemed to meet the  eligibility  criteria of  this subdivision so long as he continues to be blind or disabled, as the case may be, pursuant to state  standards  in  effect  for  October, nineteen  hundred  seventy-two, and so long as he continues to reside in the state.  (d) Any inconsistent  provision  of  this  title  notwithstanding,  an individual  shall  not  be  eligible  for additional state payments with respect to any month, if throughout such month, (i) he is an inmate of a public institution, or (ii) he is an inmate in a medical facility  which is  receiving  medical  assistance payments for him at a level exceeding fifty per cent of the cost of his care, or (iii) he is an  inmate  in  a medical  facility  which  is  not  certified  under  the state's medical assistance program. Nor shall an individual be eligible  for  additional state  payments for any month in which he is ineligible for supplemental security income  benefits  because  of  a  failure  to  file  for  other non-public assistance benefits to which he might be entitled, or because of  a  refusal  to  participate  in  treatment  for  drug  addiction  or alcoholism or because he has remained outside the United States for  all of such month, or because he has refused vocational rehabilitation.   2.  The  following  amounts  shall be the standard of monthly need for determining eligibility for and the amount of additional state payments, depending on the type of living arrangement and the geographic  area  in which the eligible individual or the eligible couple resides:   * (a) On and after January first, two thousand twenty, for an eligible individual  living  alone,  $870.00;  and  for an eligible couple living alone, $1,279.00.    * NB Effective until December 31, 2021   * (a)  On  and  after  January  first, two thousand twenty-one, for an eligible individual living alone, $881.00; and for  an  eligible  couple living alone, $1,295.00.   * NB Effective December 31, 2021   * (b) On and after January first, two thousand twenty, for an eligible individual  living  with others with or without in-kind income, $806.00; and for an eligible couple living with others with  or  without  in-kind income, $1,221.00.   * NB Effective until December 31, 2021   * (b)  On  and  after  January  first, two thousand twenty-one, for an eligible individual living with others with or without  in-kind  income, $817.00;  and  for an eligible couple living with others with or without in-kind income, $1,237.00.   * NB Effective December 31, 2021   * (c) On and after January first, two  thousand  twenty,  (i)  for  an eligible  individual  receiving  family  care, $1,049.48 if he or she is receiving such care in the city of New York or  the  county  of  Nassau, Suffolk,  Westchester  or  Rockland;  and  (ii)  for  an eligible couple receiving family care in the city of New York or the county  of  Nassau, Suffolk,  Westchester  or  Rockland,  two  times the amount set forth in subparagraph (i) of this paragraph; or (iii) for an eligible  individual receiving  such  care  in  any other county in the state, $1,011.48; and (iv) for an eligible couple receiving such care in any other  county  in the  state, two times the amount set forth in subparagraph (iii) of this paragraph.   * NB Effective until December 31, 2021   * (c) On and after January first, two thousand twenty-one, (i) for  an eligible  individual  receiving  family  care, $1,060.48 if he or she is receiving such care in the city of New York or  the  county  of  Nassau, Suffolk,  Westchester  or  Rockland;  and  (ii)  for  an eligible couple receiving family care in the city of New York or the county  of  Nassau, Suffolk,  Westchester  or  Rockland,  two  times the amount set forth in subparagraph (i) of this paragraph; or (iii) for an eligible  individual receiving  such  care  in  any other county in the state, $1,022.48; and (iv) for an eligible couple receiving such care in any other  county  in the  state, two times the amount set forth in subparagraph (iii) of this paragraph.   * NB Effective December 31, 2021   * (d) On and after January first, two  thousand  twenty,  (i)  for  an eligible  individual  receiving residential care, $1,218.00 if he or she is receiving such care in the city of New York or the county of  Nassau, Suffolk,  Westchester  or  Rockland;  and  (ii)  for  an eligible couple receiving residential care in the city of New  York  or  the  county  of Nassau, Suffolk, Westchester or Rockland, two times the amount set forth in  subparagraph  (i)  of  this  paragraph;  or  (iii)  for  an eligible individual receiving such  care  in  any  other  county  in  the  state, $1,188.00;  and  (iv)  for an eligible couple receiving such care in any other  county  in  the  state,  two  times  the  amount  set  forth   in subparagraph (iii) of this paragraph.   * NB Effective until December 31, 2021   * (d)  On and after January first, two thousand twenty-one, (i) for an eligible individual receiving residential care, $1,229.00 if he  or  she is  receiving such care in the city of New York or the county of Nassau, Suffolk, Westchester or  Rockland;  and  (ii)  for  an  eligible  couple receiving  residential  care  in  the  city of New York or the county of Nassau, Suffolk, Westchester or Rockland, two times the amount set forth in subparagraph  (i)  of  this  paragraph;  or  (iii)  for  an  eligible  individual  receiving  such  care  in  any  other  county  in the state, $1,199.00; and (iv) for an eligible couple receiving such  care  in  any other   county  in  the  state,  two  times  the  amount  set  forth  in subparagraph (iii) of this paragraph.   * NB Effective December 31, 2021   * (e)  On  and  after  January  first, two thousand twenty, (i) for an eligible individual receiving enhanced residential care, $1,477.00;  and (ii)  for  an  eligible  couple receiving enhanced residential care, two times the amount set forth in subparagraph (i) of this paragraph.   * NB Effective until December 31, 2021   * (e) On and after January first, two thousand twenty-one, (i) for  an eligible  individual receiving enhanced residential care, $1,488.00; and (ii) for an eligible couple receiving  enhanced  residential  care,  two times the amount set forth in subparagraph (i) of this paragraph.   * NB Effective December 31, 2021   * (f)  The  amounts  set  forth  in paragraphs (a) through (e) of this subdivision shall be increased  to  reflect  any  increases  in  federal supplemental  security  income benefits for individuals or couples which become effective on or after January first, two thousand twenty-one  but prior to June thirtieth, two thousand twenty-one.   * NB Effective until December 31, 2021   * (f)  The  amounts  set  forth  in paragraphs (a) through (e) of this subdivision shall be increased  to  reflect  any  increases  in  federal supplemental  security  income benefits for individuals or couples which become effective on or after January first, two thousand twenty-two  but prior to June thirtieth, two thousand twenty-two.   * NB Effective December 31, 2021   2-a.  Notwithstanding  any inconsistent provision of subparagraph (ii) of paragraph (d) of subdivision one of this section, an  individual  who is  receiving  or  is  eligible to receive federal supplemental security income payments and/or additional state payments and who is  a  resident of a residential health care facility as defined by section twenty-eight hundred  one  of  the  public  health  law,  shall,  in  accordance with regulations of the department,  be  entitled  to  a  state  payment  for personal  needs  in  the  amount  of  fifteen dollars a month, provided, however, that on or after January first, nineteen  hundred  eighty-eight the  state  payment  for personal needs for such persons shall be in the amount of twenty-five dollars a month. Notwithstanding any  inconsistent provision  of  subparagraph  (ii) of paragraph (d) of subdivision one of this section, on or after January first, nineteen hundred  eighty-eight, a  resident  of  an  intermediate  care  facility  operated or issued an operating certificate  by  the  office  for  people  with  developmental disabilities or a patient of a hospital operated by the office of mental health  as  defined  in  subdivision  ten  of section 1.03 of the mental hygiene law who is receiving or  is  eligible  to  receive  supplemental security  income payments and/or additional state payments shall receive a state payment for personal needs in  the  amount  of  five  dollars  a month.  The department is authorized to promulgate necessary regulations to provide for  the  time  and  manner  for  payment  of  such  personal allowance to such individuals.   3. As used in subdivision two of this section:  (a)  "Living  alone" shall mean living in a private household composed of one eligible individual or one eligible couple.  (b) "Living with others" shall mean  living  in  a  private  household composed  of  an  eligible  individual  or couple and at least one other person; or, with respect to any child who is not the head of a household and who is under the age of eighteen, or under the age of twenty-two  if attending  school, any living arrangement other than residential care in  a facility operated or licensed by an office of the department of mental hygiene.   * (c)  "Receiving  family  care"  shall mean residing in a family type home for adults which is certified by the department and supervised by a social services district, in accordance with  applicable  provisions  of law  and regulations, or a family care home certified by the appropriate office  of  the  department  of  mental  hygiene,  in  accordance   with applicable  provisions  of  law  and  regulations  or participating in a foster family care  demonstration  program  pursuant  to  section  three hundred sixty-four-h of this chapter.   * NB Effective until December 31, 2025   * (c)  "Receiving  family  care"  shall mean residing in a family type home for adults which is certified by the department and supervised by a social services district, in accordance with  applicable  provisions  of law  and regulations, or a family care home certified by the appropriate office  of  the  department  of  mental  hygiene,  in  accordance   with applicable provisions of law and regulations.   * NB Effective December 31, 2025  (d)  "Receiving  residential  care" shall mean residing in a residence for adults or a  privately  operated  community  residence,  residential substance  abuse treatment program or community residential facility for alcoholism, certified by the appropriate office  of  the  department  of mental hygiene; or a residential care center for adults certified by the office   of  mental  health,  in  accordance  with  applicable  law  and regulations. For the purpose of this paragraph, a person receiving  care in  an intermediate care facility, certified by the department of health or by the appropriate office of the department  of  mental  hygiene,  or receiving   respite  services  shall  not  be  deemed  to  be  receiving residential care.  (e) "Receiving enhanced residential care" shall  mean  residing  in  a privately  operated school for the mentally retarded and developmentally disabled which is certified by the office for people with  developmental disabilities  of  the  department  of mental hygiene, in accordance with applicable provisions of law  and  regulations  or  an  adult  home,  or enriched  housing  program  certified  by  the  department  of health in accordance with applicable law, rules  and  regulations  to  the  extent permitted by federal law and regulations.   4.  An  eligible individual or an eligible couple shall be entitled to receive monthly an additional state payment in an amount  equal  to  the difference  between  the  monthly  standard  of  need applicable to such individual or couple and  the  sum  of  such  individual's  or  couple's supplemental security income benefit plus countable income.   5.  If necessary in order to comply with or reflect changes in federal law, or to take full advantage of  available  federal  funding  for  the purposes of this title, or to remain qualified for federal funding under any  other program, the department may, by regulation, with the approval of the director of the budget,  change  the  amounts  specified  as  the standard of need in subdivision two of this section, or provide that any portion  of  the  supplemental security income benefit be disregarded in determining the amount of the additional state payment. Any such  change in  the  amounts  of  the  standards  of need or in the amounts to be so disregarded shall remain effective only until the first day of  July  of the  year  next  succeeding  the  year  in  which such change is to take effect, unless such change is enacted into law prior to such date.   6. (a) As applicable federal law, rules and regulations so provide,  a recipient of supplemental security income benefits or medical assistance in the state of New York or any other state may establish an irrevocable trust  fund  for  the  exclusive  purpose  of their or a family member's  funeral and burial. Such trust fund and  any  accumulated  interest  not withdrawn  by  the  recipient  shall  remain  the  responsibility of the funeral firm,  funeral  director,  undertaker,  cemetery  or  any  other person,  firm  or corporation to whom such payment is made to administer for funeral and burial expenses of  the  recipient.  Those  persons  who establish such a trust fund shall be given the opportunity to select the funeral  firm,  funeral  director,  undertaker,  cemetery  or  any other person, firm or corporation to whom such payment is made of their choice to provide for their or a family member's  burial  arrangements  and  to change such selection at any time to any funeral firm, funeral director, undertaker,  cemetery  or  any other person, firm or corporation to whom such payment is made, located either in the state of  New  York  or  any other  state.  Any  such  change  of  funeral  firm,  funeral  director, undertaker, cemetery, or any other person, firm or corporation  to  whom such  payment  is  made,  must  be  carried out within ten business days following receipt of a request by the purchaser  to  the  funeral  firm, funeral  director,  undertaker,  cemetery,  or any other person, firm or corporation to whom such payment is made with which  the  current  trust fund  was  established.  Funds  in such trust fund shall be placed in an interest bearing account pursuant to section four hundred fifty-three of the general business law. Accumulated interest from such  account  shall not  be  reported  as "countable income" pursuant to section two hundred eight of this title.  (b) An applicant for or a recipient of medical assistance in the state of New York or any other state who enters into an agreement pursuant  to section  four  hundred fifty-three of the general business law for their own benefit or for the benefit of a  family  member  shall  establish  a single  irrevocable  trust  fund  for  each such beneficiary pursuant to paragraph (a) of this subdivision.  (c) A funeral firm, funeral director,  undertaker,  cemetery,  or  any other  person,  firm  or  corporation  which  makes an agreement for and accepts payment for such an irrevocable trust fund,  shall  comply  with the  provisions  of  section  four  hundred  fifty-three  of the general business law, and shall include the  following  statement  in  any  such agreement in conspicuous print of at least twelve point type:                                DISCLOSURE   NEW  YORK LAW REQUIRES THIS AGREEMENT TO BE IRREVOCABLE FOR APPLICANTS FOR AND RECIPIENTS OF SUPPLEMENTAL SECURITY BENEFITS UNDER  SECTION  TWO HUNDRED  NINE  OF THE SOCIAL SERVICES LAW OR OF MEDICAL ASSISTANCE UNDER SECTION THREE HUNDRED SIXTY-SIX OF THE SOCIAL SERVICES LAW, AND FOR  THE MONEYS PUT INTO A TRUST UNDER THIS AGREEMENT TO BE USED ONLY FOR FUNERAL AND  BURIAL  EXPENSES.  WHETHER  THIS  AGREEMENT IS FOR YOUR FUNERAL AND BURIAL EXPENSES OR FOR THOSE OF A FAMILY MEMBER, IF ANY  MONEY  IS  LEFT OVER  AFTER  YOUR FUNERAL AND BURIAL EXPENSES HAVE BEEN PAID, IT WILL GO TO THE COUNTY. YOU MAY CHANGE YOUR CHOICE OF FUNERAL HOME AT  ANY  TIME. IF  THIS  AGREEMENT  IS  FOR THE FUNERAL AND BURIAL EXPENSES OF A FAMILY MEMBER, AFTER YOUR DEATH SUCH FAMILY MEMBER MAY  CHANGE  THE  CHOICE  OF FUNERAL HOME AT ANY TIME.  (d)  Any promotional literature prepared after January first, nineteen hundred ninety-seven by a funeral firm,  funeral  director,  undertaker, cemetery,  or  any  other  person,  firm  or corporation for prearranged funeral  and  burial  services  must  contain  language  disclosing  the irrevocable  nature  of burial trusts established by or for an applicant or  recipient  of  supplemental  security  income  benefits  or  medical assistance.