§ 31.29 — Monthly personal allowances

New York § 31.29

• Jurisdiction: New York
• Law MHY: Mental Hygiene
• Title E: General Provisions
• Art. 31: Regulation and Quality Control of Services For the Mentally Disabled

Text

§ 31.29 Monthly personal allowances.\n (a) Each resident of a residential care center for adults shall be\nentitled to retain out of his or her income, including supplemental\nsecurity income or safety net assistance benefits pursuant to the social\nservices law, a monthly personal allowance in an amount equal to the\nmonthly personal allowance established in section one hundred\nthirty-one-o of the social services law for persons receiving\nresidential care.\n (b) Any resident of a residential care center for adults, or a state\noperated community residence, who does not receive a monthly personal\nneeds allowance as provided in subdivision (a) of this section shall, in\naccordance with regulations of the commissioner, be eligible to receive\na state payment for personal needs if such resident:\n 1. does not have countable income, as such term is defined in section\ntwo hundred eight of the social services law, in an amount equal to or\ngreater than the amount of the monthly personal allowance for\nindividuals receiving residential care established in section one\nhundred thirty-one-o of the social services law; and\n 2. does not have countable resources, as such term is defined in\nsection two hundred eight of the social services law, in an amount equal\nto or greater than the amount of resources an individual or couple may\nhave and remain eligible for supplemental security income benefits and\nadditional state payments pursuant to title XVI of the federal social\nsecurity act and title six of article five of the social services law.\n (c) The amount of the state payment shall be the amount of the monthly\npersonal allowance established in section one hundred thirty-one-o of\nthe social services law for persons receiving residential care less the\nresident's countable income.\n (d) The provisions of section one hundred thirty-one-o of the social\nservices law shall apply to all allowances and state payments under this\nsection.\n (e) The commissioner is authorized to promulgate necessary regulations\nto provide for the time and manner for such state payments for personal\nneeds.\n