What's happening
This bill allows parents or caregivers to exclude certain children from the public assistance household when determining eligibility and benefits.
Why it matters
Allows parents or non-parent caregivers to exclude specific children living in the same household from being counted in the "public assistance household". this can affect both eligibility and the amount of aid received, giving families more control over how household composition impacts their benefits.
Excludes the unearned income of any child who is left out of the public assistance household from being counted when determining eligibility and grant amounts. potentially increasing the household's total benefits by not counting income that would otherwise reduce assistance.
Removes the previous requirement that all minor siblings living together must be included in the public assistance application and calculation. this change can help families avoid losing benefits due to the income or resources of a sibling, especially in complex family or caregiver situations.
May particularly help kinship care families, families with children receiving other benefits (like SSI), or those managing blended households. by allowing for customized household definitions, the bill could reduce bureaucratic obstacles and unintended benefit reductions for vulnerable families.
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Who cares
Headline styles
Protect Kids' Unearned Income
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to social services
- Print number 6017a
- Amend (t) and recommit to social services
- Referred to social services
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Exclude Child Income from Welfare
Assembly Floor Calendar · Sponsor Andrew Hevesi
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6017--A
2017-2018 Regular Sessions
IN SENATE
May 10, 2017
Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Social Services -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
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 Assembly, 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 (ix) to read as follows:
(ix) 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 assistance 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 subdivision eight of section one hundred thirty-one-a of this article, shall be
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11433-02-7
S. 6017--A 2
considered available to such household. [The provisions of] A parent or non-parent caregiver may choose to exclude 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 supplemental security income benefits, or who receive additional state payments pursuant to this chapter, or [to individuals] whose relationship to the minor is that of a brother, sister, half-brother, half-sister, stepbrother [or], stepsister, 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 immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the social services law, in relation to any unearned income of a child in certain circumstances
Purpose of the bill
This bill amends the Social Services Law (SSL) to permit caregivers to exclude children with unearned income from the public assistance household.
Summary of provisions
Section 1 of this bill amends subdivision 8 of section 131a of the social services law by adding a new paragraph, to allow a caregiver to exclude any unearned income of a child from the public assistance household.
Section 2 of this bill would amend the heading of section 131-c of the social services law.
Section 3 of this bill would amend subdivision 1 of section 131-c of the social services law to prohibit the local social services district from requiring any unearned income of a child from being considered as part of the public assistance household when a caregiver was applying for assistance for another child in the same dwelling unit.
Justification
This bill addresses disparities that exist when a minor is named as an applicant for public assistance. Current law requires a minor's parents and any other minor siblings living in the home to also apply for assistance and be included in the household for purposes of determining both eligibility and grant amount. This means that the income of any child, such as child support or social security survivor's benefits, is considered available to the entire household, and reduces the entire grant of the household making far fewer resources available for the care of the child applying for assistance, as well as any other children in the household.
Prior legislative history
2017: A8172 Hevesi
Fiscal implications
Undetermined.
Effective date
The bill would be effective immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.