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A4256Assembly2019-2020 SessionSame asS4809

Let Parents Exclude Kids' Income

Official title

“Relates to the unearned income of a child”

Sponsor Andrew HevesiAD-28+3 co-sponsorsAffects Health
Status
Assembly Floor Calendar
Impact
6/10
Moderate
Passage
0%

Bill progress

Vetoed via S4809

What's happening

This bill allows parents or non-parent caregivers to exclude certain children from public assistance households when determining eligibility and benefits.

Why it matters

  1. Gives parents and non-parent caregivers more control over which children are counted in a household for public assistance eligibility. , allowing them to exclude certain children who live in the same dwelling, potentially increasing or preserving benefits for others in the household.

  2. Removes mandatory inclusion of minor siblings’ income and presence when calculating eligibility and benefit levels. , which can prevent situations where a working sibling’s income reduces or disqualifies the entire family from receiving needed assistance.

  3. May help families adapt to complex living arrangements (like kinship care, blended families, or temporary guardianship). by not forcing all resident children into the same assistance case, better reflecting real caregiving and financial responsibilities.

  4. Could result in higher or more stable public assistance benefits for vulnerable children. , especially in households where some children have other sources of support or income, or are recipients of other benefits like Supplemental Security Income (SSI).

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Who cares

Headline styles

Let Parents Exclude Kids' Income

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Andrew Hevesi

Assembly Member · Assembly District 28

Chair, Children and Families

History

  1. Substituted by S4809A
  2. Ordered to third reading rules cal.121
  3. Rules report cal.121
  4. Reported
  5. Reported referred to rules
  6. Print number 4256a
  7. Amend and recommit to ways and means
  8. Reported referred to ways and means
  9. 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.

S4809Senate

Let Parents Exclude Child's Income

Vetoed · Sponsor Roxanne J. Persaud

Impact 6 · ModerateVetoed

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

4256--A

2019-2020 Regular Sessions

IN ASSEMBLY

February 1, 2019

Introduced by M. of A. HEVESI, BARRON, AUBRY -- read once and referred to the Committee on Social Services -- reported and referred to the Committee on Ways and Means -- 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.

LBD01071-02-9

A. 4256--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 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.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.