NY Soc Serv L § 131-A (2021)
2021 New York Laws SOS - Social Services Article 5 - Assistance and Care Title 1 - General Provisions 131-A - Monthly Grants and Allowances of Public Assistance.

§  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 when funds cannot be obtained from other sources for children receiving aid to dependent children assistance not in excess of maximum fees as established  by  regulations  of  the  department;  life insurance premiums provided the policy is assigned to the department, or in  cases  where  the  recipient  is aged, his or her life expectancy is short, or he or she is deemed uninsurable.    * NB Effective until June 30, 2021   * (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;   * NB Effective June 30, 2021  (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) from the earned income of any child 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,  the first ninety dollars of the total of such earned income for such month;  (iii) forty-two percent of the earned income for  such  month  of  any recipient  in  a  household  containing  a dependent child which remains after  application  of  all  other  subparagraphs  of  this   paragraph; provided, however, that such percentage amount shall be adjusted in June of  each  year,  commencing in nineteen hundred ninety-eight, 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; provided, however, that no assistance shall be given to any household  with  gross earned   and   unearned   income,   exclusive  of  income  described  in subparagraphs (i) and (vi) of this paragraph, in excess of such  poverty level;  (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.  (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.   10. (a) Notwithstanding the provisions of this section  or  any  other law  to  the  contrary, no person or family shall be eligible for public assistance for any month in  which  the  total  income  of  the  family, excluding  benefits received under such programs and without application of the income exemptions and disregards provided in  subparagraphs  (ii) and (iii) of paragraph (a) of subdivision eight of this section, exceeds one  hundred eighty-five percent of the standard of need for a family of the same composition. Provided,  however,  that  the  income  disregards provided  in  subparagraphs  (v),  (vi)  and  (vii)  of paragraph (a) of subdivision eight of  this  section  shall  be  applied  in  making  the eligibility determination required by this paragraph.  (b)  For purposes of this subdivision, the term standard of need shall include the amounts in the  schedule  set  forth  in  paragraph  (a)  of subdivision  two  of this section plus amounts for shelter, and fuel for heating as prescribed by regulations of the department, amounts for home energy payments provided pursuant to subdivision three-c of this section and  amounts  for  other  items  when  required   by   individual   case circumstances  for  which  specific  provision is otherwise made in this article.   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.