N.Y. Mental Hygiene Law § 16.31: Monthly personal allowances

§ 16.31 Monthly personal allowances.

(a) All persons residing in facilities for which an operating

certificate is required pursuant to this article shall be entitled to an

exemption from income as a personal needs allowance in the following

amounts:

1. For persons residing in family care, community residences or

schools for persons with developmental disabilities, the amount

specified in subdivision one of section one hundred thirty-one-o of the

social services law.

2. For persons residing in intermediate care facilities, the amounts

set forth in subparagraph ten of paragraph a of subdivision two of

section three hundred sixty-six of the social services law.

(b) Any person residing in a facility for which an operating

certificate is required pursuant to this article who has no income, or

who has otherwise non-exempt income in an amount less that the

appropriate amount pursuant to subdivision (a) of this section, shall be

eligible for a state payment in an amount equal to subdivision (a) of

this section less the amount of the person's otherwise non-exempt

income.