senate Bill S2516A

2013-2014 Legislative Session

Relates to the treatment of earned income of a dependent child under the age of 18 and income of a dependent 18-20 year old household member

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Archive: Last Bill Status - STRICKEN


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 28, 2014 recommit, enacting clause stricken
Jan 08, 2014 referred to children and families
Jun 18, 2013 print number 2516a
amend (t) and recommit to finance
May 06, 2013 reported and committed to finance
Jan 18, 2013 referred to children and families

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S2516 - Bill Details

See Assembly Version of this Bill:
A1077A
Current Committee:
Law Section:
Social Services Law
Laws Affected:
Amd §410-w, Soc Serv L
Versions Introduced in 2011-2012 Legislative Session:
S4116A, A5843B

S2516 - Bill Texts

view summary

Relates to the treatment of the earned income of a dependent child under the age of 18 when determining the eligibility of a household for a child care subsidy.

view sponsor memo
BILL NUMBER:S2516

TITLE OF BILL: An act to amend the social services law, in relation
to the treatment of earned income of a child under the age of 18 and
the income of an 18, 19, or 20 year old household member when
determining the eligibility of a household for a child care subsidy

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to
establish uniform budgeting rules across the State when determining a
family's eligibility for child care assistance, and the amount of the
family share.

SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill amends § 410-w of the Social Services Law by
adding a new paragraph two requiring the income of a child under the
age of eighteen to be disregarded when determining eligibility for a
child care subsidy. The income of youth in the household ages 18-20
would be disregarded unless including such income would benefit the
family by either lowering the amount of the family share or making
such family eligible for child care assistance.

Subdivisions 2,3,4,5 and 6 of section 410-w of the social services law
are renumbered.

Section two sets an effective date of immediately.

JUSTIFICATION: This bill addresses the treatment of the earned income
of teenagers in households where the parent or caretaker of the
teenager applies for a child care subsidy on behalf of a younger child
in the household. First, the bill would make the treatment of
earnings for children under the age of 18 consistent with public
assistance budgeting. Second, the bill would set forth a uniform rule
for the treatment of 18, 19 and 20 year olds. Currently, social
services districts are free to develop differing budgeting rules for
older teens, so they vary from county to county.

When financial eligibility for a child care subsidy is determined, the
general rule is to look at the size of the household and the income of
those in the household. Currently state regulations only exempt the
earned income of a child under the age of 14 when determining
eligibility for a child care subsidy. This rule is inconsistent with
budgeting for cash public assistance programs, which disregards all of
the earned income of a child under the age of 18. This bill would
amend the Social Services Law to make child care budgeting consistent
with public assistance budgeting.

State regulations currently allow local districts to determine whether
to count the income of 18, 19 or 20 year olds when determining a
parent's financial eligibility for child care for a younger child in
the household. This is in direct contrast to public assistance
eligibility, where the income of older teens (18, 19 and 20 year olds)
is disregarded, but they are included in the household size for
determining the financial need of the family. This hill proposes that
a similar rule be adopted for child care budgeting unless doing so
would disadvantage the family.


Currently there is no uniform state policy on how to budget the income
of older teens when calculating the eligibility of the family for
child care subsidy, and as a result, local policy varies dramatically
across the state. Local districts have the option of considering the
income of these young adults when determining the financial
eligibility of their parents and younger siblings for a child care
subsidy.

Therefore, a risk arises that the presence of the adult child in the
household could harm the family for the purpose of calculating child
care subsidy benefits because any income earned by the adult child
would be included as part of the family income, thereby pushing the
family into a higher income bracket and making them ineligible. This
rule effectively results in a requirement that 18-20 year olds in low
income families apply their earnings to the cost of child care for
their younger siblings. This policy also penalizes the parent with a
higher co-payment when the child fails to make his income available.
When the adult child is unconditionally counted as part of the
child-care services unit, a family with an adult child who works will
pay a larger family share than a family whose adult child does not
work. In no other social welfare program do we have budgeting rules
which vary based upon the choice of the county, a choice which can be
changed simply by amending their consolidated services plan.

PRIOR LEGISLATIVE HISTORY: 2011 Session new legislation referred to
Senate Children and Families Committee 2012 Session referred to Senate
Children and Families Committee

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: Immediate.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2516

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 18, 2013
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and Families

AN ACT to amend the social services law, in relation to the treatment of
  earned income of a child under the age of 18 and the income of an  18,
  19,  or  20 year old household member when determining the eligibility
  of a household for a child care subsidy

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivisions  2,  3,  4,  5 and 6 of section 410-w of the
social services law, are renumbered subdivisions 3, 4, 5, 6 and 7 and  a
new subdivision 2 is added to read as follows:
  2. FOR PURPOSES OF DETERMINING FINANCIAL ELIGIBILITY UNDER THIS TITLE,
THE EARNED INCOME OF A DEPENDENT CHILD UNDER THE AGE OF EIGHTEEN, WHO IS
NOT  LEGALLY  RESPONSIBLE FOR THE CHILD OR CHILDREN FOR WHICH CHILD CARE
ASSISTANCE IS SOUGHT, SHALL BE DISREGARDED WHEN DETERMINING  THE  ELIGI-
BILITY  OF A HOUSEHOLD FOR A CHILD CARE SUBSIDY. THE INCOME OF A DEPEND-
ENT EIGHTEEN, NINETEEN, OR TWENTY YEAR OLD HOUSEHOLD MEMBER, WHO IS  NOT
LEGALLY  RESPONSIBLE  FOR  THE  CHILD  OR  CHILDREN FOR WHICH CHILD CARE
ASSISTANCE IS SOUGHT, SHALL NOT BE INCLUDED IN THE CHILD  CARE  SERVICES
UNIT  UNLESS  DOING  SO  WOULD BENEFIT THE FAMILY BY EITHER LOWERING THE
AMOUNT OF THE FAMILY SHARE OR MAKING AN OTHERWISE  INELIGIBLE  HOUSEHOLD
ELIGIBLE FOR A SUBSIDY.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02627-01-3

Co-Sponsors

S2516A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A1077A
Current Committee:
Law Section:
Social Services Law
Laws Affected:
Amd §410-w, Soc Serv L
Versions Introduced in 2011-2012 Legislative Session:
S4116A, A5843B

S2516A (ACTIVE) - Bill Texts

view summary

Relates to the treatment of the earned income of a dependent child under the age of 18 when determining the eligibility of a household for a child care subsidy.

view sponsor memo
BILL NUMBER:S2516A

TITLE OF BILL: An act to amend the social services law, in relation
to the treatment of earned income of a child under the age of 18 when
determining the eligibility of a household for a child care subsidy

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to establish uniform budgeting rules
across the State when determining a family's eligibility for child
care assistance, and the amount of the family share.

SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill amends § 410-w of the Social Services Law by
adding a new paragraph two requiring the income of a child under the
age of eighteen to be disregarded when determining eligibility for a
child care subsidy. Subdivisions 2,3,4,5 and 6 of section 410-w of the
social services law are renumbered.

Section two sets an effective date of immediately.

JUSTIFICATION:

This bill addresses the treatment of the earned income of teenagers in
households where the parent or caretaker of the teenager applies for a
child care subsidy on behalf of a younger child in the household. The
bill would make the treatment of earnings for children under the age
of 18 consistent with public assistance budgeting. Currently, social
services districts are free to develop differing budgeting rules for
older teens, so they vary from county to county.

When financial eligibility for a child care subsidy is determined, the
general rule is to look at the size of the household and the income of
those in the household. Currently state regulations only exempt the
earned income of a child under the age of 14 when determining
eligibility for a child care subsidy. This rule is inconsistent with
budgeting for cash public assistance programs, which disregards all of
the earned income of a child under the age of 18. This bill would
amend the Social Services Law to make child care budgeting consistent
with public assistance budgeting.

PRIOR LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

Immediate.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2516--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 18, 2013
                               ___________

Introduced by Sens. SAVINO, MONTGOMERY, PARKER -- read twice and ordered
  printed, and when printed to be committed to the Committee on Children
  and  Families  --  committee discharged and said bill committed to the
  Committee on Finance -- committee discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the social services law, in relation to the treatment of
  earned  income  of  a  child  under the age of 18 when determining the
  eligibility of a household for a child care subsidy

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivisions  2,  3,  4,  5 and 6 of section 410-w of the
social services law, are renumbered subdivisions 3, 4, 5, 6 and 7 and  a
new subdivision 2 is added to read as follows:
  2. FOR PURPOSES OF DETERMINING FINANCIAL ELIGIBILITY UNDER THIS TITLE,
THE EARNED INCOME OF A DEPENDENT CHILD UNDER THE AGE OF EIGHTEEN, WHO IS
NOT  LEGALLY  RESPONSIBLE FOR THE CHILD OR CHILDREN FOR WHICH CHILD CARE
ASSISTANCE IS SOUGHT, SHALL BE DISREGARDED WHEN DETERMINING  THE  ELIGI-
BILITY OF A HOUSEHOLD FOR A CHILD CARE SUBSIDY.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02627-05-3

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