New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 2 - Determination of Eligibility-Categorical › Part 360 - MEDICAL ASSISTANCE › Subpart 360-4 - Financial Eligibility › Section 360-4.6 - Net available income and resources

Current through Register Vol. 46, No. 28, July 10, 2024
Not all of the income and resources available to an
				applicant/recipient is counted in determining his/her financial eligibility for
				MA. Certain types and amounts of income and resources are disregarded. After
				these disregards have been applied, what remains is the applicant'/recipient'
				net available income and resources. This section lists the types and amounts of
				income and resource disregards.
(a)
			   Income disregards.
(1) Disregards applicable
			   to all MA applicants/recipients:
(i) any
			   payment received under title II of the Uniform Relocation Assistance and Real
			   Property Acquisition Policies Act of 1970;
(ii) any loan made to a family under title
			   III of the Federal Economic Opportunity Act;
(iii) Federal energy assistance
			   payments;
(iv) payments received by
			   foster parents for care of foster children;
(v) the value of garden produce or livestock
			   when used solely by the applicant/recipient and dependents;
(vi) the value of free school
			   lunches;
(vii) the value of other
			   free meals, except when more than one meal per day is furnished or when the
			   applicant/recipient receives an allowance for meals away from home;
(viii) the value of food stamp
			   coupons;
(ix) the value of
			   federally donated foods;
(x) the
			   value of WIC benefits;
(xi)
			   payments made to participants in the Retired Senior Volunteer Program under the
			   Domestic Volunteer Services Act for services provided to adults who have
			   exceptional needs;
(xii) payments
			   made to participants in the Foster Grandparent Program under the Domestic
			   Volunteer Services Act;
(xiii)
			   payments made to compensate for expenses incident to employment under
			   subparagraph (xi) or (xii) of this paragraph;
(xiv) payments made to volunteers under the
			   VISTA program;
(xv) any funds
			   received by an applicant/recipient from the department of Housing and Urban
			   Development community development block grants;
(xvi) any support and maintenance provided
			   based on need according to section
			   352.22(s) 
			   of this Title;
(xvii) income from
			   roomers/boarders. The first $90 per month of any income received from a person
			   living in the home who is not a member of the family household. If the family
			   can document out-of-pocket expenses greater than $90 per month incurred in
			   providing room and board, these documented expenses will be
			   disregarded;
(xviii) any portion of
			   a grant, scholarship or fellowship used for tuition, fees, or other necessary
			   educational expenses (excluding general living expenses);
(xix) regular cash assistance payments based
			   on need and furnished as supplemental income by the Federal government, a state
			   or political subdivision;
(xx)
			   payments provided as a preventive housing service under section
			   423.4(1) 
			   of this Title;
(xxi) benefits paid
			   to eligible Japanese-Americans or Aleuts under the Federal Civil Liberties Act
			   of 1988 and the Aleutian and Pibilof Islands Restitution Act;
(xxii) payments made from the Agent Orange
			   Settlement Fund or any other fund established pursuant to the settlement in the
			   In re Agent Orange product liability litigation, and payments received from
			   court proceedings brought for personal injuries sustained by veterans resulting
			   from exposure to dioxin or phenoxy herbicides in connection with the war in
			   Indochina in the period of January 1, 1962 through May 7, 1975;
(xxiii) refunds or advance payments of the
			   Federal Earned Income Tax Credit;
(xxiv) payments made for child care services,
			   or the value of any child care services provided to a recipient of
			   employment-related and JOBS-related child care services, transitional child
			   care services, at-risk low income child care services or child care and
			   development block grant services;
(xxv) bona fide loans, as described in
			   section
			   352.22 
			   of this Title;
(xxvi) any Federal
			   major disaster and emergency assistance provided under the Disaster Relief Act
			   of 1974 ( P.L. 93-288), as amended by the Disaster Relief and Emergency
			   Assistance Amendments of 1988 ( P.L. 100-707), and any comparable disaster
			   assistance provided by states, local governments, and disaster assistance
			   organizations;
(xxvii)
			   distributions to Native Americans of funds appropriated in satisfaction of
			   judgments of the Indian Claims Commission or the United States Court of Federal
			   Claims;
(xxviii) up to $2,000 per
			   year of income from interests of individual Native Americans in trust or
			   restricted lands, from funds appropriated in satisfaction of Indian Claims
			   Commission or United States Court of Federal Claims; and
(xxix) any other income that a Federal law or
			   regulation requires to be disregarded.