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S5765Senate2019-2020 SessionSame asA7988

Protect Abuse Settlement Benefits

Official title

“Relates to exempting amounts received from any financial settlement for childhood sexual abuse for determining eligibility for or amount of benefits”

Sponsor Timothy M. KennedySD-63Affects Health
Status
In Senate Committee
Social Services
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Social Services

What's happening

This bill exempts financial settlements for childhood sexual abuse from being counted as income or resources when determining eligibility for social services benefits.

Why it matters

  1. Protects survivors’ access to support. By ensuring that settlements for childhood sexual abuse are not counted as income or resources, the bill prevents survivors from losing eligibility for crucial social services like Medicaid, SNAP, or public assistance after receiving compensation.

  2. Addresses financial justice and equity. Survivors often face ongoing economic hardships related to their abuse. This exemption helps prevent a scenario where financial restitution meant to address past harm inadvertently triggers new hardships by disqualifying them from aid.

  3. Aligns with trauma-informed policy. The measure recognizes the unique, long-term impacts of childhood sexual abuse and seeks to avoid penalizing survivors for seeking justice, aligning the law with best practices for supporting trauma survivors.

  4. Subject to federal constraints. The exemption only applies “to the extent permitted by federal law and regulations,” meaning its impact could be limited by federal rules on benefit eligibility, highlighting the interplay between state and federal authority in social services policy.

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Who cares

Headline styles

Protect Abuse Settlement Benefits

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

Sponsors

Primary sponsor
Timothy M. Kennedy

Senator · Senate District 63

Chair, Transportation

No co-sponsors yet.

History

  1. Referred to social services
  2. 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.

A7988Assembly

Protect Abuse Settlement Benefits

In Assembly Committee · Social Services · Sponsor Monica P. Wallace

Impact 5 · Moderate0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

5765

2019-2020 Regular Sessions

IN SENATE

May 14, 2019

Introduced by Sen. KENNEDY -- 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 exempting amounts received from any financial settlement for childhood sexual abuse for determining eligibility for or amount of benefits

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, is amended by adding a new subdivision 4 to read as follows:

4. If and to the extent permitted by federal law and regulations, amounts received from any financial settlement for childhood sexual abuse shall be exempt from consideration as income or resources for the purposes of determining eligibility for and the amount of benefits under any program provided under the authority of this chapter.

§ 2. Section 131-n of the social services law, as amended by chapter 635 of the laws of 1976, is amended by adding a new subdivision 3 to read as follows:

3. If and to the extent permitted by federal law and regulations, amounts received from any financial settlement for childhood sexual abuse shall be exempt from consideration as income or resources for the purposes of determining eligibility for and the amount of benefits under any program provided under the authority of this chapter.

§ 3. This act shall take effect immediately; provided that the amendments to section 131-n of the social services law made by section one of this act shall be subject to the expiration and reversion of such subdivision pursuant to section 153 of part B of chapter 436 of the laws of 1997 as amended, when upon such date the provisions of section two of this act shall take effect.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD11654-01-9

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 exempting amounts received from any financial settlement for child- hood sexual abuse for determining eligibility for or amount of benefits

Purpose

An act to amend the social services law to disregard income derived from a financial settlement for childhood sexual abuse for the purpose of determining eligibility for or amount of benefits.

Summary of provisions

Adds new subdivision 4 to Section 131-n of the social services law, as amended by section 16 of part B of chapter 436 of the laws of 1997. Adds new subdivision 3 to Section 131-n of the social services law, as amended by chapter 635 of the laws of 1976.

Justification

With the enactment of the Child Victims Act, more victims of childhood sexual abuse will have an opportunity to sue their abusers for civil judgements. Some of these victims may be eligible for income-based bene- fits. This legislation disregards any income derived from a financial settlement for childhood sexual abuse for the purpose of determining eligibility for or amount of benefits.

There are more than 30 income and resource disregards available to public benefits applicants in New York State, at least five of which involve some type of settlement payment. In most cases, the settlement- related disregard was first promulgated at the Federal level and later codified in Title 18 of the NYCRR, which addressed benefits provided by the Department of Social Services. Current income disregards for calcu- lating eligibility for social services include: Agent Orange Settlement Payments, Crime Victims Assistance Funds, Holocaust and Nazi Victim Reparations, and Seneca Nation Settlement Act Payments.

Legislative history

New Bill

Fiscal implications

None.

Effective date

This act shall take effect immediately; provided that the amendments to section 131-n of the social services law made by section one of this act shall be subject to the expiration and reversion of such subdivision pursuant to section 153 of part B of chapter 436 of the laws of 1997 as amended, when upon such date the provisions of section two of this act shall take effect.

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