2012 New York Consolidated Laws
SOS - Social Services
Article 5 - ASSISTANCE AND CARE
Title 6 - (207 - 212) ADDITIONAL STATE PAYMENTS FOR ELIGIBLE AGED, BLIND AND DISABLED PERSONS
208 - 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  the  office  of  temporary  and  disability
  assistance  in  accordance  with  the  provisions of this title and with
  title sixteen of the federal social security act, or by the commissioner
  of the United States social security administration, 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 commissioner by which the commissioner
  agrees to administer such additional state payments  on  behalf  of  the
  state. Such payments are equal to the standard of need, less the greater
  of  the  federal  benefit rate or countable income. For purposes of this
  title, the "federal benefit rate" shall  mean  the  maximum  payment  of
  supplemental  security  income  payable  to  a  person or couple with no
  countable income.
    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.
    12.  The  term  "standard  of  need" shall refer solely to the maximum
  level of income a person or couple may  have  and  remain  eligible  for
  additional  state  payments under this title. The term applies solely to
  the program of additional state payments and has no application  to  any
  other program or benefit.