Senate Bill S1757

                             
                     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.