New York Senate Bill S01226 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 1226 2023-2024 Regular Sessions  IN SENATE January 10, 2023 ___________ Introduced by Sen. ORTT -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Homeland Securi- ty and Military Affairs AN ACT to amend the military law, in relation to determining that disa- bility compensation or benefits received by veterans from the United States department of veterans affairs are not to be treated as income or resources for purposes of determining eligibility for means-tested programs The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The military law is amended by adding a new section 235-b 2 to read as follows: 3 § 235-b. Income and resources not to include United States department 4 of veterans affairs disability compensation or benefits. 1. Notwith- 5 standing any inconsistent provision of law, the terms "income" and 6 "resources" for the purpose of determining eligibility for or the amount 7 of benefits under any means-tested state or state assisted or federally 8 assisted program including but not limited to programs of public assist- 9 ance and care, including family assistance, safety net assistance, 10 medical assistance, title XX of the social security act, food stamp 11 program, the program of additional state payments to persons eligible 12 for supplemental security income, the low income home energy assistance 13 program and grants, loans and scholarships and other means-tested 14 programs for educational assistance, shall not include benefits or 15 payments received from the United States department of veterans affairs 16 for veterans affairs disability compensation or veterans affairs disa- 17 bility benefits. The foregoing requirements shall not apply to any 18 means-tested federally assisted program where the exclusion of such 19 disability benefits or payments received from income is expressly and 20 unanimously prohibited by federal law, rule or regulation. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04766-01-3 
 S. 1226 2 1 2. Notwithstanding any inconsistent provision of law, any application 2 for any means-tested state or state assisted or federally assisted 3 program including but not limited to programs of public assistance and 4 care, including family assistance, safety net assistance, medical 5 assistance, title XX of the social security act, food stamp program, the 6 program of additional state payments to persons eligible for supple- 7 mental security income, the low income home energy assistance program 8 and grants, loans and scholarships and other means-tested programs for 9 educational assistance, shall clearly and explicitly inform any appli- 10 cant on such application that United States department of veterans 11 affairs disability compensation and United States department of veterans 12 affairs disability benefits are not income or resources for the purposes 13 of determining eligibility for or the amount of benefits under any 14 means-tested state or state assisted or federally assisted program and 15 shall clearly direct such applicant not to include veterans affairs 16 disability compensation or veterans affairs disability benefits as 17 income or resources when completing such application. The foregoing 18 requirements shall not apply to any means-tested federally assisted 19 program where the exclusion of such disability benefits or payments 20 received from income is expressly and unanimously prohibited by federal 21 law, rule or regulation. 22 § 2. This act shall take effect immediately.