N.Y. Social Services Law § 131-n: Exemption of income and resources

* § 131-n. Exemption of income and resources. 1. The following

resources shall be exempt and disregarded in calculating the amount of

benefits of any household under any public assistance program: (a) cash

and liquid or nonliquid resources up to two thousand five hundred

dollars for applicants, three thousand seven hundred fifty dollars for

applicants in households in which any member is sixty years of age or

older or is disabled or ten thousand dollars for recipients, (b) an

amount up to four thousand six hundred fifty dollars in a separate bank

account established by an individual while currently in receipt of

assistance for the sole purpose of enabling the individual to purchase a

first or replacement vehicle for the recipient to seek, obtain or

maintain employment, so long as the funds are not used for any other

purpose, (c) an amount up to one thousand four hundred dollars in a

separate bank account established by an individual while currently in

receipt of assistance for the purpose of paying tuition at a two-year or

four-year accredited post-secondary educational institution, so long as

the funds are not used for any other purpose, (d) the home which is the

usual residence of the household, (e) one automobile, up to ten thousand

dollars fair market value, through March thirty-first, two thousand

seventeen; one automobile, up to eleven thousand dollars fair market

value, from April first, two thousand seventeen through March

thirty-first, two thousand eighteen; and one automobile, up to twelve

thousand dollars fair market value, beginning April first, two thousand

eighteen and thereafter, or such other higher dollar value as the local

social services district may elect to adopt, (f) one burial plot per

household member as defined in department regulations, (g) bona fide

funeral agreements up to a total of one thousand five hundred dollars in

equity value per household member, (h) funds in an individual

development account established in accordance with subdivision five of

section three hundred fifty-eight of this chapter and section four

hundred three of the social security act, (i) for a period of six

months, real property which the household is making a good faith effort

to sell, in accordance with department regulations and tangible personal

property necessary for business or for employment purposes in accordance

with department regulations, and (j) funds in a qualified tuition

program that satisfies the requirement of section 529 of the Internal

Revenue Code of 1986, as amended, and (k) funds in a New York achieving

a better life experience savings account established in accordance with

article eighty-four of the mental hygiene law.

If federal law or regulations require the exemption or disregard of

additional income and resources in determining need for family

assistance, or medical assistance not exempted or disregarded pursuant

to any other provision of this chapter, the department may, by

regulations subject to the approval of the director of the budget,

require social services officials to exempt or disregard such income and

resources. Refunds resulting from earned income tax credits shall be

disregarded in public assistance programs.

2. If and to the extent permitted by federal law and regulations,

amounts received under section 105 of Public Law 100-383 as reparation

payments for internment of Japanese-Americans and payments made to

individuals because of their status as victims of Nazi persecution as

defined in P.L. 103-286 shall be exempt from consideration as income or

resources for purposes of determining eligibility for and the amount of

benefits under any program provided under the authority of this chapter

and under title XX of the Social Security Act.

3. The department is authorized to establish regulations defining

income and resources. The department is further authorized to promulgate

regulations it deems necessary to prevent the improper establishment and

use of accounts for purchase of first or replacement vehicles.

* NB Effective until August 22, 2027

* § 131-n. Additional exemption of income and resources pursuant to

federal law and regulations. 1. If federal law or regulations require,

as a condition of qualifying for federal financial participation, the

exemption or disregard of income and resources in determining need for

aid to dependent children, or medical assistance not exempted or

disregarded pursuant to any other provision of this chapter, the

department may, by regulations subject to the approval of the director

of the budget, require social services officials to exempt or disregard

such income and resources. Such exemptions and disregards shall be

limited solely to income resulting from increases in social security

benefits authorized by Public Law 92-336, and refunds required to be

disregarded in federally aided programs by Public Law 94-164 for months

prior to July first, nineteen hundred seventy-six, or any other federal

law extending the requirement that refunds resulting from earned income

tax credits be disregarded in federally aided programs.

2. If and to the extent permitted by federal law and regulations,

amounts received under section 105 of Public Law 100-383 as reparation

payments for internment of Japanese-Americans and payments made to

individuals because of their status as victims of Nazi persecution as

defined in P.L. 103-286 shall be exempt from consideration as income or

resources for purposes of determining eligibility for and the amount of

benefits under any program provided under the authority of this article

and under title XX of the Social Security Act; provided, however, that

such treatment shall be applied in the home relief program only to the

extent that it is permitted under federal law in the program of aid to

dependent children.

* NB Effective August 22, 2027