2006 New York Code - Definitions.
§ 208. Definitions. When used in this title:
1. "Supplemental security income benefits" shall mean payments made by
the secretary of the federal department of health, education and welfare
to aged, blind and disabled persons pursuant to title sixteen of the
federal social security act.
2. "Additional state payments" shall mean payments made to aged, blind
and disabled persons who are receiving, or who would but for their
income be eligible to receive, federal supplemental security income
benefits, whether made by social services districts in accordance with
the provisions of this title and with title sixteen of the federal
social security act, or by the secretary of the federal department of
health, education and welfare, pursuant to and in accordance with the
provisions of this title, title sixteen of the federal social security
act, and provisions of any agreement entered into between the state and
such secretary by which the secretary agrees to administer such
additional state payments on behalf of the state.
3. The "secretary" shall mean the secretary of the federal department
of health, education and welfare.
4. A "blind person" shall mean a person who has central visual acuity
of 20/200 or less in the better eye with the use of a correcting lens.
An eye which is accompanied by a limitation in the fields of vision such
that the widest diameter of the visual field subtends an angle no
greater than twenty degrees shall be considered, for the purposes of the
first sentence of this subdivision, as having a central visual acuity of
20/200 or less.
5. A "disabled person" shall mean a person who is unable to engage in
any substantial gainful activities by reason of any medically
determinable physical or mental impairment which can be expected to
result in death or which has lasted or can be expected to last for a
continuous period of not less than twelve months; or who, in the case of
a child under the age of eighteen, suffers from any medically
determinable physical or mental impairment of comparable severity.
6. "Countable income" shall mean all of a person's income, in cash or
in kind, both earned and unearned, which is not excluded by federal law
or regulations or by regulations of the department in determining the
need of an individual for supplemental security income benefits or
additional state payments, including the income of an individual's
eligible spouse, and, if the individual is a child, certain income of
such individual's parent or parents with whom he resides.
7. "Earned income" shall mean wages and earnings from self-employment
in accordance with the regulations of the department.
8. "Unearned income" shall mean all other income, in accordance with
the regulations of the department.
9. "Countable resources" shall mean cash or other liquid assets or any
real or personal property that an individual or couple owns and could
convert to cash to be used for his or their support and maintenance,
which is not excluded by federal law or regulations or by regulations of
the department in the determination of the need of an individual for
supplemental security income benefits or additional state payments.
10. An "eligible individual" shall mean a person who is eligible to
receive additional state payments pursuant to section two hundred nine
of this title.
11. An "eligible couple" shall mean an eligible individual and his or
her aged, blind or disabled spouse, who are living together or who are
living apart but have been living apart for less than six months.
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