§ 16.31 Monthly personal allowances.

(a) All persons residing in facilities for which an operating
certificate is required pursuant to this article shall be entitled to an
exemption from income as a personal needs allowance in the following
amounts:

1. For persons residing in family care, community residences or
schools for persons with developmental disabilities, the amount
specified in subdivision one of section one hundred thirty-one-o of the
social services law.

2. For persons residing in intermediate care facilities, the amounts
set forth in subparagraph ten of paragraph a of subdivision two of
section three hundred sixty-six of the social services law.

(b) Any person residing in a facility for which an operating
certificate is required pursuant to this article who has no income, or
who has otherwise non-exempt income in an amount less that the
appropriate amount pursuant to subdivision (a) of this section, shall be
eligible for a state payment in an amount equal to subdivision (a) of
this section less the amount of the person's otherwise non-exempt
income.