What's happening
This bill increases resource exemptions and expands the types of exempt resources for public assistance applicants in New York State.
Why it matters
Encourages financial stability for low-income families. by allowing applicants to retain higher amounts of cash, savings, and certain assets—making it less likely that individuals will have to spend down their resources to qualify for assistance, which can help break cycles of poverty.
Supports work and education advancement. by exempting larger amounts saved for vehicles (needed for employment) and for post-secondary education expenses, making it easier for recipients to pursue jobs and further their education without risking their eligibility for public assistance.
Aligns public assistance with modern financial realities. by exempting retirement accounts (like IRAs and 401(k)s) and all 529 college savings plans, recognizing that saving for the future shouldn't disqualify someone from receiving help in the present.
Reduces administrative hurdles and uncertainty. by standardizing and expanding exemptions across various asset types, which can lead to simpler eligibility determinations and reduce the fear or confusion that often discourages eligible people from applying for benefits.
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Who cares
Public assistance applicants and recipients
The bill would raise the general resource exemption to $3,000, or $4,500 for households with a member age 60 or older, and disregard listed resources when determining eligibility and benefits at recertification.
Assistance recipients saving for work or college
The bill would increase exemptions for dedicated vehicle-purchase and tuition accounts and explicitly exempt retirement accounts and all 529 college savings plans.
Applicants and recipients paying court-ordered child support
The bill would exclude child support paid or withheld from their income from available income.
Local social services districts
The bill would require districts to apply expanded resource exemptions and evaluate other nonexempt personal property based on its equity value.
Headline styles
Expand Asset Limits for Assistance
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 38
No co-sponsors yet.
History
- Print number 528a
- Amend (t) and recommit to social services
- Referred 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.
Expand Aid Asset Limits
In Assembly Committee · Ways And Means · Sponsor Andrew Hevesi
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
528--A
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Social Services -- recommitted to the Committee on Social Services in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the social services law, in relation to resource exemptions for applicants for public assistance programs; and to amend part B of chapter 436 of the laws of 1997, constituting the welfare reform act of 1997, in relation to the effectiveness thereof
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 131-n of the social services law, as amended by section 16 of part B of chapter 436 of the laws of 1997, subdivision 1 as separately amended by chapters 323 and 329 of the laws of 2019 and subdivision 3 as amended by chapter 207 of the laws of 2001, is amended to read as follows:
§ 131-n. Exemption of income and resources. 1. The resources identified in subdivision two of this section shall be exempt and disregarded at application in calculating the amount of benefits of any applicant for any public assistance program. At recertification, resources delineated in subdivision two of this section shall not be taken into consideration when determining eligibility or calculating the amount of benefits of any recipient for any public assistance program.
2. The following resources shall be exempt and disregarded in calculating the amount of benefits of any [household under] applicant for any public assistance program: (a) cash and liquid or nonliquid resources up to [two] three thousand dollars, or [three] four thousand five hundred dollars in the case of households in which any member is sixty years of age or older, (b) an amount up to [four thousand six hundred] seven thousand fifty dollars in a separate bank account established by an
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01042-03-0
S. 528--A 2
individual while currently in receipt of assistance for the sole purpose of enabling the individual to purchase a first or replacement vehicle for the recipient to seek, obtain or maintain employment, so long as the funds are not used for any other purpose, (c) an amount [up to one thousand four] equal to the greater of five thousand one hundred sixty-five dollars or the maximum tuition assistance program award available for the current academic year in a separate bank account established by an individual while currently in receipt of assistance for the purpose of paying tuition at a two-year or four-year accredited post-secondary educational institution, so long as the funds are not used for any other purpose, (d) the home which is the usual residence of the household, (e) one automobile, up to ten thousand dollars fair market value, through March thirty-first, two thousand seventeen; one automobile, up to eleven thousand dollars fair market value, from April first, two thousand seventeen through March thirty-first, two thousand eighteen; and one automobile, up to twelve thousand dollars fair market value, beginning April first, two thousand eighteen and thereafter, or such other higher dollar value as the local social services district may elect to adopt, (f) one burial plot per household member as defined in department regulations, (g) bona fide funeral agreements [up to a total of one thousand five hundred dollars in equity value] per household member, (h) funds in an individual development account established in accordance with subdivision five of section three hundred fifty-eight of this chapter and section four hundred three of the social security act, (i) for a period of six months, real property which the household is making a good faith effort to sell, in accordance with department regulations and tangible personal property necessary for business or for employment purposes in accordance with department regulations, [and] (j) funds in a qualified tuition program that satisfies the requirement of section 529 of the Internal Revenue Code of 1986, as amended, [and (j)] (k) funds in a New York achieving a better life experience savings account established in accordance with article eighty-four of the mental hygiene law, (l) retirement accounts, including but not limited to individual retirement accounts, 401(k)'s, 403(b)'s, and keogh plans, and (m) all 529 college savings plans. If federal law or regulations require the exemption or disregard of additional income and resources in determining need for family assistance, or medical assistance not exempted or disregarded pursuant to any other provision of this chapter, the department may, by regulations subject to the approval of the director of the budget, require social services officials to exempt or disregard such income and resources. Refunds resulting from earned income tax credits shall be disregarded in public assistance programs. Court ordered child support which is paid or withheld from income shall not be considered available income.
[2.] 3. If and to the extent permitted by federal law and regulations, amounts received under section 105 of Public Law 100-383 as reparation payments for internment of Japanese-Americans and payments made to individuals because of their status as victims of Nazi persecution as defined in P.L. 103-286 shall be exempt from consideration as income or resources for purposes of determining eligibility for and the amount of benefits under any program provided under the authority of this chapter and under title XX of the Social Security Act.
[3.] 4. Ownership of all other personal property not exempt in subdivisions two and three of this section, shall be evaluated based upon its equity value.
S. 528--A 3
5. The department is authorized to establish regulations defining income and resources, consistent with this section. [The department is further authorized to promulgate regulations it deems necessary to prevent the improper establishment and use of accounts for purchase of first or replacement vehicles.]
§ 2. Subdivision (c) of section 153 of part B of chapter 436 of the laws of 1997, constituting the welfare reform act of 1997, as amended by chapter 213 of the laws of 2019, is amended to read as follows:
(c) Section sixteen of this act shall take effect November 1, 1997 [and expire and be deemed repealed August 22, 2021];
§ 3. This act shall take effect immediately; provided, however, that section one of this act shall take effect on the first of April next succeeding the date on which it shall have become a law.
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 resource exemptions for applicants for public assistance programs; and to amend part B of chapter 436 of the laws of 1997, constituting the welfare reform act of 1997, in relation to the effectiveness thereof
Purpose or general idea of bill
The bill would amend the income and resources exemptions provisions of
§ 131-n of the Social Services Law (SSL) to ensure that applicants do not have to divest themselves of certain resources to qualify for public assistance.
Summary of provisions
Section one of the bill would amend SSL § 131-n. Section two of the bill would provide for the effective date.
Justification
As a critical component of improving the economic well-being of low income families, New York State has had a longstanding policy that households in receipt of public assistance should have certain resources exempt from consideration when determining eligibility for public assistance. This bill would update and expand the resources that an applicant of public assistance may possess without affecting eligibility for assistance. The resources covered by the exemption include savings accounts; the home that is the usual residence of the household; one automobile per driver in the household; one burial plot per household member; bona fide funeral agreements; retirement accounts, including but not limited to Individual Retirement Accounts, 401(k)s, 4o3(b)s, and Keogh plans; and (k) all 529 college savings plan, and other resources. The resource exemptions amended in this bill take into account inflation as well as the understanding that when households are able to exempt certain resources from consideration when applying for public assist- ance, the resources are often an essential component of getting off of public assistance and achieving self-sufficiency.
Prior legislative history
2019: S.528 (Carlucci) 2017-2018: S.1161 (Carlucci) 2016: 5.7787 (Carlucci)
Fiscal implications for state and local governments
To be determined.
Effective date
This act shall take effect immediately; provided, however, that section one of this act shall take effect on the first of April next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.