S T A T E O F N E W Y O R K
________________________________________________________________________
5156
2015-2016 Regular Sessions
I N A S S E M B L Y
February 12, 2015
___________
Introduced by M. of A. TITUS -- read once and referred to the Committee
on Social Services
AN ACT to amend the social services law, in relation to exempting
certain funds in a qualified tuition program in the calculation of
household benefits under public assistance programs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 131-n of the social services law,
as amended by chapter 373 of the laws of 2003, paragraph (c) as amended
by section 5 of part J of chapter 58 of the laws of 2014, is amended to
read as follows:
1. The following resources shall be exempt and disregarded in calcu-
lating the amount of benefits of any household under any public assist-
ance program: (a) cash and liquid or nonliquid resources up to two thou-
sand dollars, or three thousand dollars in the case of households in
which any member is sixty years of age or older, (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 four thousand six
hundred fifty dollars fair market value, provided, however, that if the
automobile is needed for the applicant or recipient to seek or retain
employment or travel to and from work activities as defined in section
three hundred thirty-six of this chapter, the automobile exemption shall
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05857-01-5
A. 5156 2
be increased to nine thousand three hundred dollars, or such other high-
er 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 thou-
sand 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 chap-
ter and section four hundred three of the social security act [and] ,
(i) for a period of six months, real property which the household is
making a good faith effort to sell, in accordance with department regu-
lations 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. 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.
S 2. This act shall take effect immediately; provided, however, that
the amendments to section 131-n of the social services law made by
section one of this act shall not affect the expiration of such section
and shall be deemed to expire therewith.