2006 New York Code - Exemption Of Income And Resources.

 
    * §  131-n.  Exemption  of  income  and  resources.  1.  The following
  resources shall be exempt and disregarded in calculating the  amount  of
  benefits  of any household under any public assistance program: (a) cash
  and liquid or nonliquid resources up to two thousand dollars,  or  three
  thousand  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
  fifty  dollars  in  a separate bank account established by an 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 hundred dollars 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  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  four thousand six hundred fifty dollars fair market
  value, provided, however, that if  the  automobile  is  needed  for  the
  applicant  or  recipient  to  seek or retain employment or travel to and
  from work activities as defined in section three hundred  thirty-six  of
  this  chapter,  the  automobile  exemption  shall  be  increased to nine
  thousand three hundred dollars, 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 and (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. 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.
    2. 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.  The  department  is  authorized  to establish regulations defining
  income and resources. 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.
    * NB Effective until August 22, 2007
    * § 131-n. Additional exemption of income and  resources  pursuant  to
  federal  law  and regulations. 1. If federal law or regulations require,
  as a condition of qualifying for federal  financial  participation,  the
  exemption  or  disregard of income and resources in determining need for
  aid to  dependent  children,  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.  Such  exemptions  and disregards shall be
  limited solely to income resulting from  increases  in  social  security
  benefits  authorized  by  Public  Law 92-336, and refunds required to be
  disregarded in federally aided programs by Public Law 94-164 for  months
  prior  to July first, nineteen hundred seventy-six, or any other federal
  law extending the requirement that refunds resulting from earned  income
  tax credits be disregarded in federally aided programs.
    2.  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 article
  and under title XX of the Social Security Act; provided,  however,  that
  such  treatment  shall be applied in the home relief program only to the
  extent that it is permitted under federal law in the program of  aid  to
  dependent children.
    * NB Effective August 22, 2007