N.Y. Social Services Law § 209: Eligibility

§ 209. Eligibility. 1. (a) Notwithstanding any law to the contrary, no

person shall be eligible for any payment pursuant to this title who is

ineligible for supplemental security income for any reason other than

having countable income exceeding the federal benefit rate for such

program. An individual shall be eligible to receive additional state

payments if he or she has applied for supplemental security income

benefits, has received a determination with respect to such application

and:

(i) is over sixty-five years of age, or is blind or disabled; and

(ii) does not have countable income in an amount equal to or greater

than the standard of need established in subdivision two of this

section; and

(iii) does not have countable resources in an amount equal to or

greater than the amount of resources an individual or couple may have

and remain eligible for supplemental security income benefits pursuant

to federal law and regulations of the department; and

(iv) is a resident of the state and is either a citizen of the United

States or is not a noncitizen who is or would be ineligible for federal

supplemental security income benefits solely by reason of noncitizen

status.

(b) A person who is properly receiving supplemental security income

benefits shall be deemed to have met the eligibility criteria contained

in subparagraphs (i), (ii) and (iii) of paragraph (a) of this

subdivision.

(c) A person who, for the month of December, nineteen hundred

seventy-three, properly received a grant of assistance under the state's

program of old age assistance, assistance to the blind, aid to the

disabled or the combined program of aid to aged, blind and disabled

persons, shall be deemed to have met the eligibility criteria of this

subdivision; provided, however, that a disabled person who did not also

receive such a grant for any month prior to July, nineteen hundred

seventy-three, shall not be deemed to have met such eligibility criteria

under this paragraph. A person who is deemed eligible under this

paragraph shall continue to be deemed to meet the eligibility criteria

of this subdivision so long as he continues to be blind or disabled, as

the case may be, pursuant to state standards in effect for October,

nineteen hundred seventy-two, and so long as he continues to reside in

the state.

(d) Any inconsistent provision of this title notwithstanding, an

individual shall not be eligible for additional state payments with

respect to any month, if throughout such month, (i) he is an inmate of a

public institution, or (ii) he is an inmate in a medical facility which

is receiving medical assistance payments for him at a level exceeding

fifty per cent of the cost of his care, or (iii) he is an inmate in a

medical facility which is not certified under the state's medical

assistance program. Nor shall an individual be eligible for additional

state payments for any month in which he is ineligible for supplemental

security income benefits because of a failure to file for other

non-public assistance benefits to which he might be entitled, or because

of a refusal to participate in treatment for drug addiction or

alcoholism or because he has remained outside the United States for all

of such month, or because he has refused vocational rehabilitation.

2. The following amounts shall be the standard of monthly need for

determining eligibility for and the amount of additional state payments,

depending on the type of living arrangement and the geographic area in

which the eligible individual or the eligible couple resides:

* (a) On and after January first, two thousand twenty-five, for an

eligible individual living alone, $1,054.00; and for an eligible couple

living alone, $1,554.00.

* NB Effective until December 31, 2026

* (a) On and after January first, two thousand twenty-six, for an

eligible individual living alone, $1,081.00; and for an eligible couple

living alone, $1,595.00.

* NB Effective December 31, 2026

* (b) On and after January first, two thousand twenty-five, for an

eligible individual living with others with or without in-kind income,

$990.00; and for an eligible couple living with others with or without

in-kind income, $1,496.00.

* NB Effective until December 31, 2026

* (b) On and after January first, two thousand twenty-six, for an

eligible individual living with others with or without in-kind income,

$1,017.00; and for an eligible couple living with others with or without

in-kind income, $1,537.00.

* NB Effective December 31, 2026

* (c) On and after January first, two thousand twenty-five, (i) for an

eligible individual receiving family care, $1,233.48 if such individual

is receiving such care in the city of New York or the county of Nassau,

Suffolk, Westchester or Rockland; and (ii) for an eligible couple

receiving family care in the city of New York or the county of Nassau,

Suffolk, Westchester or Rockland, two times the amount set forth in

subparagraph (i) of this paragraph; or (iii) for an eligible individual

receiving such care in any other county in the state, $1,195.48; and

(iv) for an eligible couple receiving such care in any other county in

the state, two times the amount set forth in subparagraph (iii) of this

paragraph.

* NB Effective until December 31, 2026

* (c) On and after January first, two thousand twenty-six, (i) for an

eligible individual receiving family care, $1,260.48 if such individual

is receiving such care in the city of New York or the county of Nassau,

Suffolk, Westchester or Rockland; and (ii) for an eligible couple

receiving family care in the city of New York or the county of Nassau,

Suffolk, Westchester or Rockland, two times the amount set forth in

subparagraph (i) of this paragraph; or (iii) for an eligible individual

receiving such care in any other county in the state, $1,222.48; and

(iv) for an eligible couple receiving such care in any other county in

the state, two times the amount set forth in subparagraph (iii) of this

paragraph.

* NB Effective December 31, 2026

* (d) On and after January first, two thousand twenty-five, (i) for an

eligible individual receiving residential care, $1,402.00 if such

individual is receiving such care in the city of New York or the county

of Nassau, Suffolk, Westchester or Rockland; and (ii) for an eligible

couple receiving residential care in the city of New York or the county

of Nassau, Suffolk, Westchester or Rockland, two times the amount set

forth in subparagraph (i) of this paragraph; or (iii) for an eligible

individual receiving such care in any other county in the state,

$1,372.00; and (iv) for an eligible couple receiving such care in any

other county in the state, two times the amount set forth in

subparagraph (iii) of this paragraph.

* NB Effective until December 31, 2026

* (d) On and after January first, two thousand twenty-six, (i) for an

eligible individual receiving residential care, $1,429.00 if such

individual is receiving such care in the city of New York or the county

of Nassau, Suffolk, Westchester or Rockland; and (ii) for an eligible

couple receiving residential care in the city of New York or the county

of Nassau, Suffolk, Westchester or Rockland, two times the amount set

forth in subparagraph (i) of this paragraph; or (iii) for an eligible

individual receiving such care in any other county in the state,

$1,399.00; and (iv) for an eligible couple receiving such care in any

other county in the state, two times the amount set forth in

subparagraph (iii) of this paragraph.

* NB Effective December 31, 2026

* (e) On and after January first, two thousand twenty-five, (i) for an

eligible individual receiving enhanced residential care, $1,661.00; and

(ii) for an eligible couple receiving enhanced residential care, two

times the amount set forth in subparagraph (i) of this paragraph.

* NB Effective until December 31, 2026

* (e) On and after January first, two thousand twenty-six, (i) for an

eligible individual receiving enhanced residential care, $1,688.00; and

(ii) for an eligible couple receiving enhanced residential care, two

times the amount set forth in subparagraph (i) of this paragraph.

* NB Effective December 31, 2026

* (f) The amounts set forth in paragraphs (a) through (e) of this

subdivision shall be increased to reflect any increases in federal

supplemental security income benefits for individuals or couples which

become effective on or after January first, two thousand twenty-six but

prior to June thirtieth, two thousand twenty-six.

* NB Effective until December 31, 2026

* (f) The amounts set forth in paragraphs (a) through (e) of this

subdivision shall be increased to reflect any increases in federal

supplemental security income benefits for individuals or couples which

become effective on or after January first, two thousand twenty-seven

but prior to June thirtieth, two thousand twenty-seven.

* NB Effective December 31, 2026

2-a. Notwithstanding any inconsistent provision of subparagraph (ii)

of paragraph (d) of subdivision one of this section, an individual who

is receiving or is eligible to receive federal supplemental security

income payments and/or additional state payments and who is a resident

of a residential health care facility as defined by section twenty-eight

hundred one of the public health law, shall, in accordance with

regulations of the department, be entitled to a state payment for

personal needs in the amount of fifteen dollars a month, provided,

however, that on or after January first, nineteen hundred eighty-eight

the state payment for personal needs for such persons shall be in the

amount of twenty-five dollars a month. Notwithstanding any inconsistent

provision of subparagraph (ii) of paragraph (d) of subdivision one of

this section, on or after January first, nineteen hundred eighty-eight,

a resident of an intermediate care facility operated or issued an

operating certificate by the office for people with developmental

disabilities or a patient of a hospital operated by the office of mental

health as defined in subdivision ten of section 1.03 of the mental

hygiene law who is receiving or is eligible to receive supplemental

security income payments and/or additional state payments shall receive

a state payment for personal needs in the amount of five dollars a

month. The department is authorized to promulgate necessary regulations

to provide for the time and manner for payment of such personal

allowance to such individuals.

3. As used in subdivision two of this section:

(a) "Living alone" shall mean living in a private household composed

of one eligible individual or one eligible couple.

(b) "Living with others" shall mean living in a private household

composed of an eligible individual or couple and at least one other

person; or, with respect to any child who is not the head of a household

and who is under the age of eighteen, or under the age of twenty-two if

attending school, any living arrangement other than residential care in

a facility operated or licensed by an office of the department of mental

hygiene.

* (c) "Receiving family care" shall mean residing in a family type

home for adults which is certified by the department and supervised by a

social services district, in accordance with applicable provisions of

law and regulations, or a family care home certified by the appropriate

office of the department of mental hygiene, in accordance with

applicable provisions of law and regulations or participating in a

foster family care demonstration program pursuant to section three

hundred sixty-four-h of this chapter.

* NB Effective until December 31, 2027

* (c) "Receiving family care" shall mean residing in a family type

home for adults which is certified by the department and supervised by a

social services district, in accordance with applicable provisions of

law and regulations, or a family care home certified by the appropriate

office of the department of mental hygiene, in accordance with

applicable provisions of law and regulations.

* NB Effective December 31, 2027

(d) "Receiving residential care" shall mean residing in a residence

for adults or a privately operated community residence, residential

substance abuse treatment program or community residential facility for

alcoholism, certified by the appropriate office of the department of

mental hygiene; or a residential care center for adults certified by the

office of mental health, in accordance with applicable law and

regulations. For the purpose of this paragraph, a person receiving care

in an intermediate care facility, certified by the department of health

or by the appropriate office of the department of mental hygiene, or

receiving respite services shall not be deemed to be receiving

residential care.

(e) "Receiving enhanced residential care" shall mean residing in a

privately operated school for individuals with developmental

disabilities which is certified by the office for people with

developmental disabilities of the department of mental hygiene, in

accordance with applicable provisions of law and regulations or an adult

home, or enriched housing program certified by the department of health

in accordance with applicable law, rules and regulations to the extent

permitted by federal law and regulations.

4. An eligible individual or an eligible couple shall be entitled to

receive monthly an additional state payment in an amount equal to the

difference between the monthly standard of need applicable to such

individual or couple and the sum of such individual's or couple's

supplemental security income benefit plus countable income.

5. If necessary in order to comply with or reflect changes in federal

law, or to take full advantage of available federal funding for the

purposes of this title, or to remain qualified for federal funding under

any other program, the department may, by regulation, with the approval

of the director of the budget, change the amounts specified as the

standard of need in subdivision two of this section, or provide that any

portion of the supplemental security income benefit be disregarded in

determining the amount of the additional state payment. Any such change

in the amounts of the standards of need or in the amounts to be so

disregarded shall remain effective only until the first day of July of

the year next succeeding the year in which such change is to take

effect, unless such change is enacted into law prior to such date.

6. (a) As applicable federal law, rules and regulations so provide, a

recipient of supplemental security income benefits or medical assistance

in the state of New York or any other state may establish an irrevocable

trust fund for the exclusive purpose of their or a family member's

funeral and burial. Such trust fund and any accumulated interest not

withdrawn by the recipient shall remain the responsibility of the

funeral firm, funeral director, undertaker, cemetery or any other

person, firm or corporation to whom such payment is made to administer

for funeral and burial expenses of the recipient. Those persons who

establish such a trust fund shall be given the opportunity to select the

funeral firm, funeral director, undertaker, cemetery or any other

person, firm or corporation to whom such payment is made of their choice

to provide for their or a family member's burial arrangements and to

change such selection at any time to any funeral firm, funeral director,

undertaker, cemetery or any other person, firm or corporation to whom

such payment is made, located either in the state of New York or any

other state. Any such change of funeral firm, funeral director,

undertaker, cemetery, or any other person, firm or corporation to whom

such payment is made, must be carried out within ten business days

following receipt of a request by the purchaser to the funeral firm,

funeral director, undertaker, cemetery, or any other person, firm or

corporation to whom such payment is made with which the current trust

fund was established. Funds in such trust fund shall be placed in an

interest bearing account pursuant to section four hundred fifty-three of

the general business law. Accumulated interest from such account shall

not be reported as "countable income" pursuant to section two hundred

eight of this title.

(b) An applicant for or a recipient of medical assistance in the state

of New York or any other state who enters into an agreement pursuant to

section four hundred fifty-three of the general business law for their

own benefit or for the benefit of a family member shall establish a

single irrevocable trust fund for each such beneficiary pursuant to

paragraph (a) of this subdivision.

(c) A funeral firm, funeral director, undertaker, cemetery, or any

other person, firm or corporation which makes an agreement for and

accepts payment for such an irrevocable trust fund, shall comply with

the provisions of section four hundred fifty-three of the general

business law, and shall include the following statement in any such

agreement in conspicuous print of at least twelve point type:

DISCLOSURE

NEW YORK LAW REQUIRES THIS AGREEMENT TO BE IRREVOCABLE FOR APPLICANTS

FOR AND RECIPIENTS OF SUPPLEMENTAL SECURITY BENEFITS UNDER SECTION TWO

HUNDRED NINE OF THE SOCIAL SERVICES LAW OR OF MEDICAL ASSISTANCE UNDER

SECTION THREE HUNDRED SIXTY-SIX OF THE SOCIAL SERVICES LAW, AND FOR THE

MONEYS PUT INTO A TRUST UNDER THIS AGREEMENT TO BE USED ONLY FOR FUNERAL

AND BURIAL EXPENSES. WHETHER THIS AGREEMENT IS FOR YOUR FUNERAL AND

BURIAL EXPENSES OR FOR THOSE OF A FAMILY MEMBER, IF ANY MONEY IS LEFT

OVER AFTER YOUR FUNERAL AND BURIAL EXPENSES HAVE BEEN PAID, IT WILL GO

TO THE COUNTY. YOU MAY CHANGE YOUR CHOICE OF FUNERAL HOME AT ANY TIME.

IF THIS AGREEMENT IS FOR THE FUNERAL AND BURIAL EXPENSES OF A FAMILY

MEMBER, AFTER YOUR DEATH SUCH FAMILY MEMBER MAY CHANGE THE CHOICE OF

FUNERAL HOME AT ANY TIME.

(d) Any promotional literature prepared after January first, nineteen

hundred ninety-seven by a funeral firm, funeral director, undertaker,

cemetery, or any other person, firm or corporation for prearranged

funeral and burial services must contain language disclosing the

irrevocable nature of burial trusts established by or for an applicant

or recipient of supplemental security income benefits or medical

assistance.