S T A T E O F N E W Y O R K
________________________________________________________________________
1757
2025-2026 Regular Sessions
I N S E N A T E
January 13, 2025
___________
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 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 (xiv) to
read as follows:
(XIV) 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]
SUCH MINOR'S 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 disre-
garded under subdivision 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01502-01-5
S. 1757 2
ANY OTHER CHILD OR CHILDREN RESIDING IN THE SAME DWELLING UNIT FROM THE
PUBLIC ASSISTANCE HOUSEHOLD. NOTHING IN this [subdivision] CHAPTER shall
[not apply to] REQUIRE individuals who are recipients of federal supple-
mental security income benefits, or WHO RECEIVE additional state
payments pursuant to this chapter, or [to individuals] whose relation-
ship to the minor is that of [stepbrother or stepsister] A SIBLING,
HALF-SIBLING, STEPSIBLING, 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 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.
