STATE OF NEW YORK ________________________________________________________________________ 691 2025-2026 Regular Sessions IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. HEVESI, GONZALEZ-ROJAS, DE LOS SANTOS -- read once and referred to the Committee on Social Services 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 Assem- bly, do enact as follows: 1 Section 1. Paragraph (a) of subdivision 8 of section 131-a of the 2 social services law is amended by adding a new subparagraph (xiv) to 3 read as follows: 4 (xiv) any unearned income of a child when the parent or non-parent 5 caregiver chooses to exclude such child from the public assistance 6 household pursuant to subdivision one of section one hundred 7 thirty-one-c of this article. 8 § 2. The section heading of section 131-c of the social services law, 9 as added by chapter 42 of the laws of 1985, is amended to read as 10 follows: 11 Inclusion of parents [and siblings] of a minor in the public assist- 12 ance household. 13 § 3. Subdivision 1 of section 131-c of the social services law, as 14 added by chapter 42 of the laws of 1985, is amended to read as follows: 15 1. For the purposes of determining eligibility for and the amount of 16 assistance payable, the social services district shall, when a minor is 17 named as an applicant for public assistance, require that [his or her] 18 such minor's parents [and minor brothers and sisters] also apply for 19 assistance and be included in the household for purposes of determining 20 eligibility and grant amounts, if such individuals reside in the same 21 dwelling unit as the minor applying for assistance. Any income of or 22 available for such parents, [brothers and sisters] which is not disre- 23 garded under subdivision eight of section one hundred thirty-one-a of 24 this article, shall be considered available to such household. [The EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01502-01-5
A. 691 2 1 provisions of] A parent or non-parent caregiver may choose to exclude 2 any other child or children residing in the same dwelling unit from the 3 public assistance household. Nothing in this [subdivision] chapter shall 4 [not apply to] require individuals who are recipients of federal supple- 5 mental security income benefits, or who receive additional state 6 payments pursuant to this chapter, or [to individuals] whose relation- 7 ship to the minor is that of [stepbrother or stepsister] a sibling, 8 half-sibling, stepsibling, or cousin, or [to] any other individuals 9 whose needs are excluded pursuant to department regulations consistent 10 with federal law and regulations, to be included as part of the public 11 assistance household. 12 § 4. This act shall take effect either on the one hundred eightieth 13 day after it shall have become a law or after the commissioner of the 14 office of temporary and disability assistance certifies that the office 15 has an information technology system capable of accommodating the 16 provisions in this act, whichever shall have taken place sooner; 17 provided that the commissioner of the office of temporary and disability 18 assistance shall notify the legislative bill drafting commission of the 19 date of such certification in order that the commission may maintain an 20 accurate and timely effective database of the official text of the laws 21 of the state of New York in furtherance of effectuating the provisions 22 of section 44 of the legislative law and section 70-b of the public 23 officers law. Effective immediately, the addition, amendment and/or 24 repeal of any rule or regulation necessary for the implementation of 25 this act on its effective date are authorized to be made and completed 26 on or before such effective date.