2023 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  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;
(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)  fifty  percent  of  the  earned  income  for  such  month of any
recipient; provided, however,  that  such  percentage  amount  shall  be
adjusted  in  June  of each year 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;
(iii) from the earned income of any child,  applicant,  recipient,  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,
one hundred fifty dollars of the  earned  income  for  such  month  that
remains after application of subparagraph (ii) of this paragraph;
(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.
(x)  all  of  the  income  of a head of household or any person in the
household, who is receiving such aid or for whom an application for such
aid has been made, which is derived from  the  health  care  and  mental
hygiene worker bonuses under section three hundred sixty-seven-w of this
article  or  under  the  chapter  of the laws of two thousand twenty-two
which added this subparagraph.
* (xi) Any financial assistance received by  individuals  as  part  of
their  participation  in  a  pilot  program that has developed a plan to
study and evaluate the impact and  potential  benefits  of  direct  cash
transfers.  Such  exemption  and  disregard  shall be applicable for the
length of time the individual  participates  in  the  program,  but  not
longer than sixty months.
* NB Repealed March 23, 2029
(xii)  all  of  the  earned income of a recipient of public assistance
that is derived from participation  in  a  qualified  work  activity  or
training program as determined by the office of temporary and disability
assistance,  to  the extent that such earned income has not already been
disregarded pursuant to subparagraph (vii) of this  paragraph,  provided
that  the  recipient's  total  income shall not be more than two hundred
percent of the federal poverty level.
(xiii) once during the lifetime of a recipient of  public  assistance,
all of the earned income of such recipient will be disregarded following
job entry, provided that such exemption of income for purposes of public
assistance  eligibility shall be for no more than six consecutive months
from the  initial  date  of  obtaining  such  employment  and  that  the
recipient's  total  income shall not be more than two hundred percent of
the federal poverty level. In the event a recipient moves  from  one  to
another  social  services  district,  this  disregard  shall  follow the
recipient.
(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.
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.