2023 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.