N.Y. Social Services Law § 208: Definitions

§ 208. Definitions. When used in this title:

1. "Supplemental security income benefits" shall mean payments made by

the secretary of the federal department of health, education and welfare

to aged, blind and disabled persons pursuant to title sixteen of the

federal social security act.

2. "Additional state payments" shall mean payments made to aged, blind

and disabled persons who are receiving, or who would but for their

income be eligible to receive, federal supplemental security income

benefits, whether made by the office of temporary and disability

assistance in accordance with the provisions of this title and with

title sixteen of the federal social security act, or by the commissioner

of the United States social security administration, pursuant to and in

accordance with the provisions of this title, title sixteen of the

federal social security act, and provisions of any agreement entered

into between the state and such commissioner by which the commissioner

agrees to administer such additional state payments on behalf of the

state. Such payments are equal to the standard of need, less the greater

of the federal benefit rate or countable income. For purposes of this

title, the "federal benefit rate" shall mean the maximum payment of

supplemental security income payable to a person or couple with no

countable income.

3. The "secretary" shall mean the secretary of the federal department

of health, education and welfare.

4. A "blind person" shall mean a person who has central visual acuity

of 20/200 or less in the better eye with the use of a correcting lens.

An eye which is accompanied by a limitation in the fields of vision such

that the widest diameter of the visual field subtends an angle no

greater than twenty degrees shall be considered, for the purposes of the

first sentence of this subdivision, as having a central visual acuity of

20/200 or less.

5. A "disabled person" shall mean a person who is unable to engage in

any substantial gainful activities by reason of any medically

determinable physical or mental impairment which can be expected to

result in death or which has lasted or can be expected to last for a

continuous period of not less than twelve months; or who, in the case of

a child under the age of eighteen, suffers from any medically

determinable physical or mental impairment of comparable severity.

6. "Countable income" shall mean all of a person's income, in cash or

in kind, both earned and unearned, which is not excluded by federal law

or regulations or by regulations of the department in determining the

need of an individual for supplemental security income benefits or

additional state payments, including the income of an individual's

eligible spouse, and, if the individual is a child, certain income of

such individual's parent or parents with whom he resides.

7. "Earned income" shall mean wages and earnings from self-employment

in accordance with the regulations of the department.

8. "Unearned income" shall mean all other income, in accordance with

the regulations of the department.

9. "Countable resources" shall mean cash or other liquid assets or any

real or personal property that an individual or couple owns and could

convert to cash to be used for his or their support and maintenance,

which is not excluded by federal law or regulations or by regulations of

the department in the determination of the need of an individual for

supplemental security income benefits or additional state payments.

10. An "eligible individual" shall mean a person who is eligible to

receive additional state payments pursuant to section two hundred nine

of this title.

11. An "eligible couple" shall mean an eligible individual and his or

her aged, blind or disabled spouse, who are living together or who are

living apart but have been living apart for less than six months.

12. The term "standard of need" shall refer solely to the maximum

level of income a person or couple may have and remain eligible for

additional state payments under this title. The term applies solely to

the program of additional state payments and has no application to any

other program or benefit.