Bill Text: NY A04256 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to the unearned income of a child when the parent or non-parent caregiver chooses to exclude such child from the public assistance household.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Vetoed) 2019-11-25 - VETOED MEMO.164 [A04256 Detail]

Download: New_York-2019-A04256-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4256
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 1, 2019
                                       ___________
        Introduced  by  M. of A. HEVESI, BARRON -- read once and referred to the
          Committee on Social Services
        AN ACT to amend the social services law, in  relation  to  any  unearned
          income of a child in certain circumstances
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph (a) of subdivision 8  of  section  131-a  of  the
     2  social services law is amended by adding a new subparagraph (ix) to read
     3  as follows:
     4    (ix)  any  unearned  income  of  a child when the parent or non-parent
     5  caregiver chooses to exclude  such  child  from  the  public  assistance
     6  household   pursuant   to   subdivision   one  of  section  one  hundred
     7  thirty-one-c of this article.
     8    § 2. The section heading of section 131-c of the social services  law,
     9  as  added  by  chapter  42  of  the  laws of 1985, is amended to read as
    10  follows:
    11    Inclusion of parents [and siblings] of a minor in the  public  assist-
    12  ance household.
    13    §  3.  Subdivision  1  of section 131-c of the social services law, as
    14  added by chapter 42 of the laws of 1985, is amended to read as follows:
    15    1. For the purposes of determining eligibility for and the  amount  of
    16  assistance  payable, the social services district shall, when a minor is
    17  named as an applicant for public assistance, require  that  his  or  her
    18  parents  [and  minor brothers and sisters] also apply for assistance and
    19  be included in the household for purposes of determining eligibility and
    20  grant amounts, if such individuals reside in the same dwelling  unit  as
    21  the  minor  applying for assistance. Any income of or available for such
    22  parents, [brothers and sisters] which is not disregarded under  subdivi-
    23  sion eight of section one hundred thirty-one-a of this article, shall be
    24  considered  available to such household. [The provisions of] A parent or
    25  non-parent caregiver may choose to exclude any other child  or  children
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01071-01-9
        A. 4256                             2
     1  residing in the same dwelling unit from the public assistance household.
     2  Nothing in this [subdivision] chapter shall [not apply to] require indi-
     3  viduals who are recipients of federal supplemental security income bene-
     4  fits, or who receive additional state payments pursuant to this chapter,
     5  or  [to individuals] whose relationship to the minor is that of a broth-
     6  er, sister, half-brother, half-sister, stepbrother [or], stepsister,  or
     7  cousin,  or [to] any other individuals whose needs are excluded pursuant
     8  to department regulations consistent with federal law  and  regulations,
     9  to be included as part of the public assistance household.
    10    § 4. This act shall take effect immediately.