§ 131-A — Monthly grants and allowances of public assistance

§ 131-a. Monthly grants and allowances of public assistance. 1. Any\ninconsistent provision of this chapter or other law notwithstanding,\nsocial services officials shall, in accordance with the provisions of\nthis section and regulations of the department, provide public\nassistance to needy persons who constitute or are members of a family\nhousehold, who are determined to be eligible in accordance with\nstandards of need established in subdivision two. Provision for such\npersons, for all items of need, less any available income or resources\nwhich are not required to be disregarded by other provisions of this\nchapter, shall be made in accordance with this section. Such provision\nshall be made in monthly or semi-monthly allowances and grants within\nthe limits of the schedules included in subdivision three of this\nsection except for additional amounts which shall be included therein\nfor shelter, fuel for heating, additional cost of meals for persons who\nare unable to prepare meals at home and for other items for which\nspecific provision is otherwise made in article five. As used in this\nsection the term "shelter" may include a grant not to exceed two\nthousand five hundred dollars toward the purchase of an interest in a\ncooperative. A social services official shall require assignment of\nrecipient's equity in such cooperative housing in accordance with the\nrules of the board and regulations of the department.\n 2. (a) Through June thirtieth, two thousand nine, the following\nschedule shall be the standard of monthly need for determining\neligibility for all categories of assistance in and by all social\nservices districts:\n Number of Persons in Household\n One Two Three Four Five Six\n $112 $179 $238 $307 $379 $438\n For each additional person in the household there shall be added an\nadditional amount of sixty dollars monthly.\n (a-1) For the period beginning July first, two thousand nine and\nending June thirtieth, two thousand ten, the following schedule shall be\nthe standard of monthly need for determining eligibility for all\ncategories of assistance in and by all social services districts:\n Number of Persons in Household\n One Two Three Four Five Six\n $126 $201 $268 $345 $426 $492\n For each additional person in the household there shall be added an\nadditional amount of sixty-seven dollars monthly.\n (a-2) For the period beginning July first, two thousand ten and ending\nJune thirtieth, two thousand twelve, the following schedule shall be the\nstandard of monthly need for determining eligibility for all categories\nof assistance in and by all social services districts:\n Number of Persons in Household\n One Two Three Four Five Six\n $141 $225 $300 $386 $477 $551\n For each additional person in the household there shall be added an\nadditional amount of seventy-five dollars monthly.\n (a-3) For the period beginning July first, two thousand twelve and\nending September thirtieth, two thousand twelve, the following schedule\nshall be the standard of monthly need for determining eligibility for\nall categories of assistance in and by all social services districts:\n Number of Persons in Household\n One Two Three Four Five Six\n $150 $239 $317 $409 $505 $583\n For each additional person in the household there shall be added an\nadditional amount of eighty dollars monthly.\n (a-4) For the period beginning October first, two thousand twelve and\nthereafter, the following shall be the standard of monthly need for\ndetermining eligibility for all categories of assistance in and by all\nsocial services districts:\n Number of Persons in Household\n One Two Three Four Five Six\n $158 $252 $336 $433 $534 $617\n For each additional person in the household there shall be added an\nadditional amount of eighty-five dollars monthly.\n (b) In addition to the above, the standard of need shall include\namounts for shelter and fuel for heating, amounts for home energy\npayments (including amounts for supplemental home energy grants),\namounts for additional cost of meals for persons who are unable to\nprepare meals at home and amounts for other items when required by\nindividual case circumstances for which specific provision is otherwise\nmade in article five of this chapter. For purposes of determining the\namount to be included in the standard of need for shelter and fuel for\nheating, to the extent that federal reimbursement is available therefor,\nsocial services officials shall include in the household any child who\nhas entered foster care pursuant to section three hundred eighty-four-a\nof this chapter who was eligible for and in receipt of assistance and\ncare as a member of the household in and for the month of entry into\nfoster care and for whom the family service plan, as defined in section\nfour hundred nine-e of this chapter, includes a goal of discharge to a\nmember of the household.\n (c) Notwithstanding the provisions of this chapter or of any other law\nor regulation to the contrary, on and after the effective date of this\nparagraph, the amount to be included in the standard of need for shelter\nfor an eligible tenant residing in city, state or federal public housing\nshall be the greater of (i) the shelter allowance for public housing\nprescribed by regulations of the department, (ii) the amount payable\npursuant to a modified shelter allowance schedule prescribed by\nregulations of the department for the particular housing authority, or\n(iii) an amount equal to fifty percent of the maximum shelter allowance\nprescribed by regulations of the department for non-public housing\nlocated in the social services district in which the public housing is\nlocated. Commencing one year after such effective date, such shelter\nallowance shall be the greater of (i) the shelter allowance for public\nhousing prescribed by regulations of the department, (ii) the amount\npayable pursuant to a modified shelter allowance schedule prescribed by\nregulations of the department for the particular housing authority, or\n(iii) an amount equal to seventy-five percent of the maximum shelter\nallowance prescribed by regulations of the department for non-public\nhousing located in the social services district in which the public\nhousing is located. Commencing two years after such effective date, the\namount to be included in the standard of need for shelter for an\neligible tenant residing in city, state or federal public housing shall\nbe the maximum shelter allowance prescribed by regulations of the\ndepartment for non-public housing located in the social services\ndistrict in which the public housing is located.\n (d) If by the application of the standard of need as provided for in\nthis subdivision the monthly need of an individual or household is less\nthan ten dollars, such individual or household shall not be considered\nin need of cash assistance but shall be deemed to be a recipient of\nassistance for all other purposes including determining eligibility for\nmedical assistance and social rehabilitative services.\n (e) The standard of monthly need, when not a whole dollar amount,\nshall be rounded to the next lower whole dollar amount.\n 3. (a) Through June thirtieth, two thousand nine, persons and families\ndetermined to be eligible by the application of the standard of need\nprescribed by the provisions of subdivision two of this section, less\nany available income or resources which are not required to be\ndisregarded by other provisions of this chapter, shall receive maximum\nmonthly grants and allowances in all social services districts, in\naccordance with the following schedule, for public assistance:\n Number of Persons in Household\n One Two Three Four Five Six\n $112 $179 $238 $307 $379 $438\n For each additional eligible needy person in the household there shall\nbe an additional allowance of sixty dollars monthly.\n (a-1) For the period beginning July first, two thousand nine and\nending June thirtieth, two thousand ten, persons and families determined\nto be eligible by the application of the standard of need prescribed by\nthe provisions of subdivision two of this section, less any available\nincome or resources which are not required to be disregarded by other\nprovisions of this chapter, shall receive maximum monthly grants and\nallowances in all social services districts, in accordance with the\nfollowing schedule, for public assistance:\n Number of Persons in Household\n One Two Three Four Five Six\n $126 $201 $268 $345 $426 $492\n For each additional person in the household there shall be added an\nadditional amount of sixty-seven dollars monthly.\n (a-2) For the period beginning July first, two thousand ten and ending\nJune thirtieth, two thousand twelve, persons and families determined to\nbe eligible by the application of the standard of need prescribed by the\nprovisions of subdivision two of this section, less any available income\nor resources which are not required to be disregarded by other\nprovisions of this chapter, shall receive maximum monthly grants and\nallowances in all social services districts, in accordance with the\nfollowing schedule, for public assistance:\n Number of Persons in Household\n One Two Three Four Five Six\n $141 $225 $300 $386 $477 $551\n For each additional person in the household there shall be added an\nadditional amount of seventy-five dollars monthly.\n (a-3) For the period beginning July first, two thousand twelve and\nending September thirtieth, two thousand twelve, persons and families\ndetermined to be eligible by the application of the standard of need\nprescribed by the provisions of subdivision two of this section, less\nany available income or resources which are not required to be\ndisregarded by other provisions of this chapter, shall receive maximum\nmonthly grants and allowances in all social services districts, in\naccordance with the following schedule, for public assistance:\n Number of Persons in Household\n One Two Three Four Five Six\n $150 $239 $317 $409 $505 $583\n For each additional person in the household there shall be added an\nadditional amount of eighty dollars monthly.\n (a-4) For the period beginning October first, two thousand twelve and\nthereafter, persons and families determined to be eligible by the\napplication of the standard of need prescribed by the provisions of\nsubdivision two of this section, less any available income or resources\nwhich are not required to be disregarded by other provisions of this\nchapter, shall receive maximum monthly grants and allowances in all\nsocial services districts, in accordance with the following schedule,\nfor public assistance:\n Number of Persons in Household\n One Two Three Four Five Six\n $158 $252 $336 $433 $534 $617\n For each additional person in the household there shall be added an\nadditional amount of eighty-five dollars monthly.\n (b) Notwithstanding the provisions of this section or any other law to\nthe contrary, no payment of public assistance shall be made for any\nmonth if the amount of such payment would be less than ten dollars per\nmonth.\n (c) The amount of the monthly grant and allowance, when not a whole\ndollar amount, shall be rounded to the next lower whole dollar amount.\n 3-c. Commencing July first, nineteen hundred eighty-one, persons and\nfamilies determined to be eligible by the application of the standard of\nneed prescribed by the provision of subdivision two of this section,\nshall receive a home energy grant equal to the following monthly\namounts:\n Number of Persons in Household\n One Two Three Four Five Six\n $14.10 $22.50 $30.00 $38.70 $47.70 $55.20\nFor each additional needy person in the household, there shall be added\nan additional amount of seven dollars and fifty cents.\n 3-d. Commencing January first, nineteen hundred eighty-six, for\npersons and families determined to be eligible by the application of the\nstandard of need prescribed by the provisions of subdivision two of this\nsection, the amounts set forth in paragraph (a) of subdivision three of\nthis section, after application of subdivision three-c of this section,\nshall be increased by the following amounts as a monthly supplemental\nhome energy grant:\n Number of Persons in Household\n One Two Three Four Five Six\n $11 $17 $23 $30 $37 $42\nFor each additional needy person in the household, there shall be added\nan additional amount of five dollars monthly.\n 4. If federal requirements make it necessary to adjust any schedule of\ngrants and allowances, or part thereof, the department shall make such\nadjustments but the adjusted schedule of grants and allowances shall not\nexceed the schedule of monthly amounts in subdivision two above.\n 5. Notwithstanding any other provisions of this chapter or other law,\na social services official may make provisions for the following items\nand services: (a) replacement of necessary furniture and clothing for\npersons in need of public assistance who have suffered the loss of such\nitems as the result of fire, flood or other like catastrophe, provided\nprovisions therefor cannot otherwise be made;\n (b) purchase of necessary and essential furniture required for the\nestablishment of a home for persons in need of public assistance,\nprovided provision therefor cannot otherwise be made;\n (c) essential repair of heating equipment, cooking stoves, and\nrefrigerators used by persons in need of public assistance in their\nhomes, provided provision therefor cannot otherwise be made except that\nreplacement may be authorized when less expensive than repair;\n (d) camp fees for a camp operated by a not-for-profit organization,\ncorporation or agency, which has been issued an operating certificate by\nthe appropriate health official in whose jurisdiction such camp is\nlocated, when in the judgment of the social services official it is\nadvisable for the welfare of a child receiving family assistance or\nsafety net assistance to attend such camp, provided, however, that funds\ncannot be obtained from other sources and such assistance is not in\nexcess of maximum fees as established by regulations of the office of\ntemporary and disability assistance; life insurance premiums provided\nthe policy is assigned to the office of temporary and disability\nassistance, or in cases where the recipient is aged, his or her life\nexpectancy is short, or he or she is deemed uninsurable;\n (e) Provision of allowances as prescribed by regulations of the\ndepartment to meet the needs of a pregnant woman, beginning with the\nfourth month of pregnancy which has been medically verified.\n (f-1) a one-time benefit to public assistance recipients upon the\nbirth of a new child, as prescribed by regulations of the department.\n 7. Whenever a social services official finds that a recipient of\npublic assistance has failed to fully apply the amount allowed in his\ngrant for shelter to the payment of rent for his housing accommodations,\nunless rent is being withheld pursuant to law or court order, the social\nservices official shall furnish such recipient's shelter allowance in\nthe form of direct payments to the owner of such housing accommodations\nor his or her designated agent.\n 8. (a) In determining the need for aid provided pursuant to the public\nassistance programs, the following income earned during a month by\napplicants for or recipients of such aid shall be exempt and\ndisregarded:\n (i) all of the earned income of a dependent child receiving such aid\nor for whom an application for such aid has been made, who is a\nfull-time student or part-time student attending a school, college, or\nuniversity, or a course of vocational or technical training designed to\nfit him for gainful employment;\n (ii) fifty percent of the earned income for such month of any\nrecipient; provided, however, that such percentage amount shall be\nadjusted in June of each year to reflect changes in the most recently\nissued poverty guidelines of the United States Bureau of the Census,\nsuch that a household of three without special needs, living in a heated\napartment in New York city and without unearned income would become\nineligible for assistance with gross earnings equal to the poverty level\nin such guidelines;\n (iii) from the earned income of any child, applicant, recipient, or\nrelative applying for or receiving aid pursuant to such program, or of\nany other individual living in the same household as such relative and\nchild whose needs are taken into account in making such determination,\none hundred fifty dollars of the earned income for such month that\nremains after application of subparagraph (ii) of this paragraph;\n (v) the first one hundred dollars received in such month which\nrepresent support payments timely paid in and for such month for one\nchild, and the first two hundred dollars received in such month which\nrepresent support payments timely paid in and for such month for two or\nmore children, and the first one hundred dollars received in such month\nwhich represent support payments timely paid in and for each of any\nprior months for one child, and the first two hundred dollars received\nin such month which represent support payments timely paid in and for\neach of any prior months for two or more children, in any household\napplying for or receiving public assistance, including support payments\ncollected and paid to the public assistance household by the social\nservices district;\n (vi) in any calendar year, all of the earned income of a dependent\nchild receiving such aid who is a full-time student;\n (vii) all of the income of a dependent child living with a parent or\nother caretaker relative, who is receiving such aid or for whom an\napplication for such aid has been made, which is derived from\nparticipation in a program carried out under the federal job training\npartnership act (P.L. 97-300) or any successor act, provided, however,\nthat in the case of earned income such disregard must be applied for at\nleast, but no longer than, six months per calendar year for each such\nchild.\n (viii) any federal income taxes refunded by reason of section\nthirty-two of the Internal Revenue Code of nineteen hundred eighty-six\nrelating to the earned income tax credit or any payment by an employer\nunder section three thousand five hundred seven of such code relating to\nadvance payment of the earned income tax credit.\n (ix) all of the income derived from participation in the summer youth\nemployment program, provided however, that such income shall be exempt\nonly for an individual who is not older than age twenty-four at the time\nof enrollment in the summer youth employment program and such disregard\nmust be applied for the length of the individual's participation in such\nprogram.\n (x) all of the income of a head of household or any person in the\nhousehold, who is receiving such aid or for whom an application for such\naid has been made, which is derived from the health care and mental\nhygiene worker bonuses under section three hundred sixty-seven-w of this\narticle or under the chapter of the laws of two thousand twenty-two\nwhich added this subparagraph.\n * (xi) Any financial assistance received by individuals as part of\ntheir participation in a pilot program that has developed a plan to\nstudy and evaluate the impact and potential benefits of direct cash\ntransfers. Such exemption and disregard shall be applicable for the\nlength of time the individual participates in the program, but not\nlonger than sixty months.\n * NB Repealed March 23, 2029\n (xii) all of the earned income of a recipient of public assistance\nthat is derived from participation in a qualified work activity or\ntraining program as determined by the office of temporary and disability\nassistance, to the extent that such earned income has not already been\ndisregarded pursuant to subparagraph (vii) of this paragraph, provided\nthat the recipient's total income shall not be more than two hundred\npercent of the federal poverty level.\n (xiii) once during the lifetime of a recipient of public assistance,\nall of the earned income of such recipient will be disregarded following\njob entry, provided that such exemption of income for purposes of public\nassistance eligibility shall be for no more than six consecutive months\nfrom the initial date of obtaining such employment and that the\nrecipient's total income shall not be more than two hundred percent of\nthe federal poverty level. In the event a recipient moves from one to\nanother social services district, this disregard shall follow the\nrecipient.\n (b) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, there shall not be disregarded under subparagraphs (ii) and\n(iii) of such paragraph any earned income of any of the persons to which\nsubparagraph (ii) of such paragraph applies if such person:\n (i) terminated his employment or reduced his earned income without\ngood cause, within a period of not less than seventy-five days, or such\nother period of time as required by federal law or regulation, prior to\na determination of need for public assistance;\n (ii) refused without good cause, within such seventy-five day period,\nto accept employment in which he is able to engage, which is offered\nthrough the public employment office of the New York state department of\nlabor or refused to accept employment otherwise offered by an employer\nif the offer of such employer is determined by an appropriate social\nservices official to be a bona fide offer of employment; or\n (iii) failed without good cause to make a timely report to the\nappropriate social services district of earned income received in the\nmonth a determination of need is made.\n (c) There shall not be disregarded under subparagraph (iii) of\nparagraph (a) of this subdivision any earned income of any of the\npersons specified in subparagraph (ii) of such paragraph, if the income\nof such person was in excess of his or her need, unless such person\nreceived public assistance in one or more of the four months preceding\nthe month of need determination.\n 9. In determining the eligibility of a child for public assistance and\nthe amount of such assistance for any month there shall be taken into\nconsideration so much of the income of such dependent child's stepparent\nliving in the same household as such child as exceeds the sum of:\n (a) the first seventy-five dollars of the total of the stepparent's\nearned income for such month, or such lesser amount as the department\nmay prescribe in the case of a stepparent not engaged in full-time\nemployment or not employed throughout such month consistent with federal\nlaw and regulations;\n (b) the standard of need as contained in this section for a family of\nthe same composition as the stepparent and those other individuals\nliving in the same household as the child who are not applying for or\nreceiving benefits and are claimed by such stepparent as dependents for\npurposes of determining such stepparent's federal income tax liability;\n (c) amounts paid by the stepparent to individuals not living in such\nhousehold and claimed by such stepparent as dependents for purposes of\ndetermining such stepparent's federal personal income tax liability; and\n (d) payments of alimony or child support made by such stepparent with\nrespect to individuals not living in such household.\n 12. (a) No public assistance household having income which, after\napplication of applicable disregards, exceeds the household standard of\nneed, because of the receipt in any month of a nonrecurring lump sum of\nearned or unearned income, shall be eligible for public assistance for a\nperiod equal to the full number of months derived by dividing (i) the\nsum of the lump sum income and all other income received in such month\nwhich is not excluded under subdivision eight of this section; by (ii)\nthe standard of need for a family size which consists of the public\nassistance household plus any other individuals whose lump sum income is\nconsidered available to such household. Any income remaining from this\ncalculation is income in the first month following such period of\nineligibility.\n (b) At any time after determining the period of ineligibility as\nrequired in paragraph (a) of this subdivision, the social services\nofficial shall recalculate the remaining period of ineligibility in such\ncircumstances and under such conditions as the department shall\nprescribe by regulation, subject to paragraph (c) of this subdivision\nand consistent with federal law and regulations.\n (c) The social services official shall exclude from any lump sum\nincome any amounts which are exempt and disregarded as cash and liquid\nor nonliquid resources pursuant to section one hundred thirty-one-n of\nthis title and shall recalculate the period of ineligibility caused by\nreceipt of a nonrecurring lump sum of income subject to this subdivision\nto the extent that such income is applied to any or all of the following\nwithin ninety days of receipt: an automobile needed for the applicant or\nrecipient to seek or retain employment or for travel to and from work\nactivities as defined in section three hundred thirty-six of this\nchapter, a bank account or accounts, or a burial plot or plots, or a\nfuneral agreement or agreements, the values of which are exempt and\ndisregarded as a resource pursuant to section one hundred thirty-one-n\nof this title.\n 13. Pursuant to regulations of the office of temporary and disability\nassistance, public assistance eligibility shall, to the extent permitted\nby federal law, not lapse solely by reason of the death of the adult\nrelative caretaker of a minor child, until arrangements are completed\nfor the addition of the child to another public assistance household,\nreclassification of the case, foster care or other appropriate financial\nsupport. For purposes of subdivision eight of section one hundred\nfifty-three of this article, safety net assistance given to such a child\nduring the first forty-five days after application therefor shall be\nregarded as being given to meet emergency circumstances.\n 14. In determining the need for aid provided pursuant to public\nassistance programs, each person living with medically diagnosed HIV\ninfection as defined by the AIDS institute of the department of health\nin social services districts with a population over five million who is\nreceiving services through such district's administrative unit providing\nHIV/AIDS services, public assistance and earned and/or unearned income,\nshall not be required to pay more than thirty percent of his or her\nmonthly earned and/or unearned income toward the cost of rent that such\nperson has a direct obligation to pay; this provision shall not apply to\nroom and board arrangements.\n 15. In determining the need for aid provided pursuant to public\nassistance programs, each public assistance recipient living with\nmedically diagnosed HIV infection as defined by the AIDS institute of\nthe department of health in social services districts with a population\nof five million or fewer, at local option and in accordance with a plan\napproved by the office of temporary and disability assistance, may not\nbe required to pay more than thirty percent of his or her monthly earned\nand/or unearned income toward the cost of rent that such person has a\ndirect obligation to pay; this provision shall not apply to room and\nboard arrangements.\n