Assembly Bill A8172

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8172
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 1, 2017
                                ___________
 
 Introduced by M. of A. HEVESI -- 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:

   Section  1.  Paragraph  (a)  of  subdivision 8 of section 131-a of the
 social services law is amended by adding a new subparagraph (ix) to read
 as follows:
   (IX) ANY UNEARNED INCOME OF A CHILD  WHEN  THE  PARENT  OR  NON-PARENT
 CAREGIVER  CHOOSES  TO  EXCLUDE  SUCH  CHILD  FROM THE PUBLIC ASSISTANCE
 HOUSEHOLD  PURSUANT  TO  SUBDIVISION  ONE   OF   SECTION   ONE   HUNDRED
 THIRTY-ONE-C OF THIS ARTICLE.
   §  2. The section heading of section 131-c of the social services law,
 as added by chapter 42 of the laws  of  1985,  is  amended  to  read  as
 follows:
   Inclusion  of  parents [and siblings] of a minor in the public assist-
 ance household.
   § 3. Subdivision 1 of section 131-c of the  social  services  law,  as
 added by chapter 42 of the laws of 1985, is amended to read as follows:
   1.  For  the purposes of determining eligibility for and the amount of
 assistance payable, the social services district shall, when a minor  is
 named  as  an  applicant  for public assistance, require that his or her
 parents [and minor brothers and sisters] also apply for  assistance  and
 be included in the household for purposes of determining eligibility and
 grant  amounts,  if such individuals reside in the same dwelling unit as
 the minor applying for assistance. Any income of or available  for  such
 parents,  [brothers and sisters] which is not disregarded under subdivi-
 sion eight of section one hundred thirty-one-a of this article, shall be
 considered available to such household. [The provisions of] A PARENT  OR
 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.
              

                                                            LBD11936-01-7

 A. 8172                             2
 
 RESIDING IN THE SAME DWELLING UNIT FROM THE PUBLIC ASSISTANCE HOUSEHOLD.
 NOTHING IN this [subdivision] CHAPTER shall [not apply to] REQUIRE indi-
 viduals who are recipients of federal supplemental security income bene-
 fits, or WHO RECEIVE additional state payments pursuant to this chapter,
 or  [to individuals] whose relationship to the minor is that of A BROTH-
 ER, SISTER, HALF-BROTHER, HALF-SISTER, stepbrother [or], stepsister,  OR
 COUSIN,  or [to] any other individuals whose needs are excluded pursuant
 to department regulations consistent with federal law  and  regulations,
 TO BE INCLUDED AS PART OF THE PUBLIC ASSISTANCE HOUSEHOLD.
   § 4. This act shall take effect immediately.