NY Soc Serv L § 131-N (2021)
2021 New York Laws SOS - Social Services Article 5 - Assistance and Care Title 1 - General Provisions 131-N - Exemption of Income and Resources.

* §  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 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 regulations, 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** NB There are 2 par (j)'s   ** (j) funds in a New York achieving a better  life  experience  savings   account established in accordance with article eighty-four of the mental   hygiene law.** NB There are 2 par (j)'s   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, 2023* §  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 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.  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, 2023