Senate Bill S8556

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8556
 
                             I N  S E N A T E
 
                              March 11, 2022
                                ___________
 
 Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
   printed to be committed to the Committee on Social Services
 
 AN ACT to amend the social services  law,  in  relation  toany  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 (x) to read
 as follows:
   (X) ANY UNEARNED INCOME OF A CHILD WHEN THE PARENT OR NON-PARENT CARE-
 GIVER CHOOSES TO EXCLUDE SUCH CHILD FROM THE PUBLIC ASSISTANCE HOUSEHOLD
 PURSUANT TO SUBDIVISION ONE OF SECTION ONE HUNDRED THIRTY-ONE-C OF  THIS
 TITLE.
   §  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]  TITLE,
 shall be considered available to such household. [The provisions of this
 subdivision shall not apply to individuals] A PARENT OR NON-PARENT CARE-
 GIVER  MAY CHOOSE TO EXCLUDE ANY OTHER CHILD OR CHILDREN RESIDING IN THE
 SAME DWELLING UNIT FROM THE PUBLIC ASSISTANCE HOUSEHOLD. INDIVIDUALS who
 are recipients of  federal  supplemental  security  income  benefits  or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15022-02-2
 S. 8556                             2
 
 RECEIVE additional state payments pursuant to this chapter, [or to indi-
 viduals  whose relationship to the minor is that of stepbrother or step-
 sister, or to any other individuals whose needs are excluded pursuant to
 department  regulations  consistent  with  federal  law and regulations]
 SHALL NOT BE INCLUDED IN THE PUBLIC ASSISTANCE HOUSEHOLD.
   § 4. This act shall take effect either on the  one  hundred  eightieth
 day  after  it  shall have become a law or after the commissioner of the
 office of temporary and disability assistance certifies that the  office
 has  an  information  technology  system  capable  of  accommodating the
 provisions in  this  act,  whichever  shall  have  taken  place  sooner;
 provided that the commissioner of the office of temporary and disability
 assistance  shall notify the legislative bill drafting commission of the
 date of such certification in order that the commission may maintain  an
 accurate  and timely effective database of the official text of the laws
 of the state of New York in furtherance of effectuating  the  provisions
 of  section  44  of  the  legislative law and section 70-b of the public
 officers law.   Effective immediately, the  addition,  amendment  and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.