2023 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 a noncitizen who is or would be ineligible for federal
supplemental security income benefits solely  by  reason  of  noncitizen
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-three,  for  an
eligible  individual living alone, $1,001.00; and for an eligible couple
living alone, $1,475.00.
(b)  On  and  after  January  first, two thousand twenty-three, for an
eligible individual living with others with or without  in-kind  income,
$937.00;  and  for an eligible couple living with others with or without
in-kind income, $1,417.00.
(c) On and after January first, two thousand twenty-three, (i) for  an
eligible  individual  receiving  family  care, $1,180.48 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, $1,142.48; 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.
(d) On and after January first, two thousand twenty-three, (i) for  an
eligible  individual  receiving residential care, $1,349.00 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,
$1,319.00;  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.
(e)  On and after January first, two thousand twenty-three, (i) for an
eligible individual receiving enhanced residential care, $1,608.00;  and
(ii)  for  an  eligible  couple receiving enhanced residential care, two
times the amount set forth in subparagraph (i) of this paragraph.
(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-four but
prior to June thirtieth, two thousand twenty-four.
* NB Effective until December 31, 2024
* (a)  On  and  after  January first, two thousand twenty-four, for an
eligible individual living alone, $1,030.00; and for an eligible  couple
living alone, $1,519.00.
(b)  On  and  after  January  first,  two thousand twenty-four, for an
eligible individual living with others with or without  in-kind  income,
$966.00;  and  for an eligible couple living with others with or without
in-kind income, $1,461.00.
(c) On and after January first, two thousand twenty-four, (i)  for  an
eligible  individual  receiving  family  care, $1,209.48 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, $1,171.48; 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.
(d) On and after January first, two thousand twenty-four, (i)  for  an
eligible  individual  receiving residential care, $1,378.00 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,
$1,348.00; 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.
(e) On and after January first, two thousand twenty-four, (i)  for  an
eligible  individual receiving enhanced residential care, $1,637.00; and
(ii) for an eligible couple receiving  enhanced  residential  care,  two
times the amount set forth in subparagraph (i) of this paragraph.
(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-five but
prior to June thirtieth, two thousand twenty-five.
* NB Effective December 31, 2024
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   individuals   with   developmental
disabilities  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.