S T A T E O F N E W Y O R K
________________________________________________________________________
7472
2021-2022 Regular Sessions
I N S E N A T E
October 25, 2021
___________
Introduced by Sen. ORTT -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the military law, in relation to determining that disa-
bility compensation or benefits received by veterans from the United
States department of veterans affairs are not to be treated as income
or resources for purposes of determining eligibility for means-tested
programs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The military law is amended by adding a new section 235-b
to read as follows:
§ 235-B. INCOME AND RESOURCES NOT TO INCLUDE UNITED STATES DEPARTMENT
OF VETERANS AFFAIRS DISABILITY COMPENSATION OR BENEFITS. 1. NOTWITH-
STANDING ANY INCONSISTENT PROVISION OF LAW, THE TERMS "INCOME" AND
"RESOURCES" FOR THE PURPOSE OF DETERMINING ELIGIBILITY FOR OR THE AMOUNT
OF BENEFITS UNDER ANY MEANS-TESTED STATE OR STATE ASSISTED OR FEDERALLY
ASSISTED PROGRAM INCLUDING BUT NOT LIMITED TO PROGRAMS OF PUBLIC ASSIST-
ANCE AND CARE, INCLUDING FAMILY ASSISTANCE, SAFETY NET ASSISTANCE,
MEDICAL ASSISTANCE, TITLE XX OF THE SOCIAL SECURITY ACT, FOOD STAMP
PROGRAM, THE PROGRAM OF ADDITIONAL STATE PAYMENTS TO PERSONS ELIGIBLE
FOR SUPPLEMENTAL SECURITY INCOME, THE LOW INCOME HOME ENERGY ASSISTANCE
PROGRAM AND GRANTS, LOANS AND SCHOLARSHIPS AND OTHER MEANS-TESTED
PROGRAMS FOR EDUCATIONAL ASSISTANCE, SHALL NOT INCLUDE BENEFITS OR
PAYMENTS RECEIVED FROM THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS
FOR VETERANS AFFAIRS DISABILITY COMPENSATION OR VETERANS AFFAIRS DISA-
BILITY BENEFITS. THE FOREGOING REQUIREMENTS SHALL NOT APPLY TO ANY
MEANS-TESTED FEDERALLY ASSISTED PROGRAM WHERE THE EXCLUSION OF SUCH
DISABILITY BENEFITS OR PAYMENTS RECEIVED FROM INCOME IS EXPRESSLY AND
UNANIMOUSLY PROHIBITED BY FEDERAL LAW, RULE OR REGULATION.
2. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, ANY APPLICATION
FOR ANY MEANS-TESTED STATE OR STATE ASSISTED OR FEDERALLY ASSISTED
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13038-03-1
S. 7472 2
PROGRAM INCLUDING BUT NOT LIMITED TO PROGRAMS OF PUBLIC ASSISTANCE AND
CARE, INCLUDING FAMILY ASSISTANCE, SAFETY NET ASSISTANCE, MEDICAL
ASSISTANCE, TITLE XX OF THE SOCIAL SECURITY ACT, FOOD STAMP PROGRAM, THE
PROGRAM OF ADDITIONAL STATE PAYMENTS TO PERSONS ELIGIBLE FOR SUPPLE-
MENTAL SECURITY INCOME, THE LOW INCOME HOME ENERGY ASSISTANCE PROGRAM
AND GRANTS, LOANS AND SCHOLARSHIPS AND OTHER MEANS-TESTED PROGRAMS FOR
EDUCATIONAL ASSISTANCE, SHALL CLEARLY AND EXPLICITLY INFORM ANY APPLI-
CANT ON SUCH APPLICATION THAT UNITED STATES DEPARTMENT OF VETERANS
AFFAIRS DISABILITY COMPENSATION AND UNITED STATES DEPARTMENT OF VETERANS
AFFAIRS DISABILITY BENEFITS ARE NOT INCOME OR RESOURCES FOR THE PURPOSES
OF DETERMINING ELIGIBILITY FOR OR THE AMOUNT OF BENEFITS UNDER ANY
MEANS-TESTED STATE OR STATE ASSISTED OR FEDERALLY ASSISTED PROGRAM AND
SHALL CLEARLY DIRECT SUCH APPLICANT NOT TO INCLUDE VETERANS AFFAIRS
DISABILITY COMPENSATION OR VETERANS AFFAIRS DISABILITY BENEFITS AS
INCOME OR RESOURCES WHEN COMPLETING SUCH APPLICATION. THE FOREGOING
REQUIREMENTS SHALL NOT APPLY TO ANY MEANS-TESTED FEDERALLY ASSISTED
PROGRAM WHERE THE EXCLUSION OF SUCH DISABILITY BENEFITS OR PAYMENTS
RECEIVED FROM INCOME IS EXPRESSLY AND UNANIMOUSLY PROHIBITED BY FEDERAL
LAW, RULE OR REGULATION.
§ 2. This act shall take effect immediately.