NY Tax L § 1613-B (2021)
2021 New York Laws TAX - Tax Article 34 - New York State Lottery for Education 1613-B - Crediting of Lottery Prizes Against Public Assistance Benefits.

§  1613-b.  Crediting  of  lottery  prizes  against  public assistance benefits. (1) Notwithstanding any limitations  in  section  one  hundred four  of the social services law, the director of the lottery, on behalf of the division of the lottery, shall enter  into  a  written  agreement with  the  commissioner  of  the  office  of  temporary  and  disability assistance,  on  behalf  of  the  office  of  temporary  and  disability assistance,  which  shall  set  forth  the  procedures for crediting any lottery prize of six hundred dollars or more awarded  to  an  individual against any and all public assistance benefits which were given to or on behalf  of  such  individual within a period of up to ten years prior to the issuance of such prize of which the director of the lottery has been notified by the commissioner of the office of temporary  and  disability assistance  pursuant  to  the  provisions  of  such agreement; provided, however, that in no event shall such credit to the office  of  temporary and disability assistance exceed fifty percent of any such lottery prize and provided further that, unless otherwise determined cost effective by the  commissioner  of  the office of temporary and disability assistance and the director of the lottery such procedure shall be required only to the extent that and with respect to periods for which it can be effected through automated type match.  (2) Such agreement shall include: (a) the procedure  under  which  the office  of  temporary  and disability assistance and the division of the lottery shall  exchange  information  concerning  lottery  winnings  and persons  liable for receipt of public assistance within the previous ten years;  (b) subject to  the  approval  of  the  director  of  the  budget  the procedure for reimbursement of the division of the lottery by the office of  temporary  and  disability  assistance  for  the  additional cost of carrying out the procedures authorized by this section;  (c) provision for crediting lottery  prizes  to  past-due  support  in accordance  with  subdivisions  ten  and  eleven  of section one hundred eleven-b of the social services law prior to effecting any  such  credit against public assistance; and  (d)  such  other  matters  as the parties to such agreement shall deem necessary to carry out the provisions of this section.  (3) Prior to awarding any lottery prize  of  six  hundred  dollars  or more,  the  division of the lottery shall review the notice of liability of public assistance benefits paid provided by the office  of  temporary and  disability  assistance. For each lottery prize winner identified on such notice as an individual, who is receiving or has  received,  within the  last  ten  years,  public assistance benefits, the lottery division shall credit to the office of temporary and disability  assistance  such amount  of the prize to satisfy the amount of public assistance benefits indicated as received within the previous ten years, and  any  remainder shall  be  awarded  to  the  prize winner; provided, however, that in no event shall such credit  to  the  office  of  temporary  and  disability assistance exceed fifty percent of any such lottery prize.  (4)  The  division of the lottery shall certify to the comptroller the total amount of the lottery prize winning to be credited against  public assistance  benefits  owed  to the state and the remainder of such prize winning to be awarded to the prize winner.  (5) The division of the lottery  shall  notify  the  prize  winner  in writing  of the total amount of the lottery prize winning to be credited against public assistance benefits  and  the  remainder  of  such  prize winning  to  be  awarded  to the prize winner. Such notice shall further advise the prize winner that the  office  of  temporary  and  disability assistance  shall  provide  separate  notice,  in  writing, to the prize  winner of the procedure for and time frame by which the prize winner may contest such crediting.  (6) The office of temporary and disability assistance shall notify the prize  winner  in  writing,  of  the  amount of such prize winning to be credited against public assistance benefits and the procedure  and  time frame  by  which  the  prize  winner  may  contest  such crediting. Such procedure shall include the address and telephone number of  the  office of  temporary  and  disability  assistance  and who the prize winner may contact with respect to  correction  of  any  error  in  such  crediting concerning such individual's liability for public assistance benefits or with respect to payment of such liability.  (7)  From  the  time  the  division  of the lottery is notified by the office  of  temporary  and  disability  assistance  of  an  individual's liability  for  public  assistance benefits under the agreement provided for in this section, the division of the lottery shall be relieved  from all  liability  to  such individual, their assigns, successors, heirs or representatives for the amount of  any  lottery  prize  winning  of  six hundred  dollars  or  more  certified  to the comptroller to be credited against public assistance benefits and such  individual  shall  have  no right  to  commence  a  court action or proceeding or to any other legal recourse against the division of the lottery  to  recover  such  lottery winnings  certified  to  the  comptroller  to be credited against public assistance  benefits.  Provided,  however,  nothing  herein   shall   be construed to prohibit such individual from proceeding against the office of  temporary  and  disability  assistance  to recover that part of such lottery winnings thereon so certified to the comptroller to be  credited against  public  assistance benefits which is greater than the amount of public assistance benefits paid to such individual within ten  years  of the date of such certification.  (8)  The  division  of  the  lottery  shall  promulgate such rules and regulations as it deems necessary to carry out the  provisions  of  this section.