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
209 - Eligibility.

 
    § 209. Eligibility. 1. (a) Notwithstanding any law to the contrary, no
  person  shall  be eligible for any payment pursuant to this title who is
  ineligible for supplemental security income for any  reason  other  than
  having  countable  income  exceeding  the  federal benefit rate for such
  program. An individual shall be eligible  to  receive  additional  state
  payments  if  he  or  she  has  applied for supplemental security income
  benefits, has received a determination with respect to such  application
  and:
    (i) is over sixty-five years of age, or is blind or disabled; and
    (ii)  does  not have countable income in an amount equal to or greater
  than the standard  of  need  established  in  subdivision  two  of  this
  section; and
    (iii)  does  not  have  countable  resources  in an amount equal to or
  greater than the amount of resources an individual or  couple  may  have
  and  remain  eligible for supplemental security income benefits pursuant
  to federal law and regulations of the department; and
    (iv) is a resident of the state and is either a citizen of the  United
  States  or  is  not  an  alien who is or would be ineligible for federal
  supplemental security income benefits solely by reason of alien status.
    (b) A person who is properly receiving  supplemental  security  income
  benefits  shall be deemed to have met the eligibility criteria contained
  in  subparagraphs  (i),  (ii)  and  (iii)  of  paragraph  (a)  of   this
  subdivision.
    (c)  A  person  who,  for  the  month  of  December,  nineteen hundred
  seventy-three, properly received a grant of assistance under the state's
  program of old age assistance, assistance  to  the  blind,  aid  to  the
  disabled  or  the  combined  program  of aid to aged, blind and disabled
  persons, shall be deemed to have met the eligibility  criteria  of  this
  subdivision;  provided, however, that a disabled person who did not also
  receive such a grant for any  month  prior  to  July,  nineteen  hundred
  seventy-three, shall not be deemed to have met such eligibility criteria
  under  this  paragraph.  A  person  who  is  deemed  eligible under this
  paragraph shall continue to be deemed to meet the  eligibility  criteria
  of  this subdivision so long as he continues to be blind or disabled, as
  the case may be, pursuant to state  standards  in  effect  for  October,
  nineteen  hundred  seventy-two, and so long as he continues to reside in
  the state.
    (d) Any inconsistent  provision  of  this  title  notwithstanding,  an
  individual  shall  not  be  eligible  for additional state payments with
  respect to any month, if throughout such month, (i) he is an inmate of a
  public institution, or (ii) he is an inmate in a medical facility  which
  is  receiving  medical  assistance payments for him at a level exceeding
  fifty per cent of the cost of his care, or (iii) he is an  inmate  in  a
  medical  facility  which  is  not  certified  under  the state's medical
  assistance program. Nor shall an individual be eligible  for  additional
  state  payments for any month in which he is ineligible for supplemental
  security income  benefits  because  of  a  failure  to  file  for  other
  non-public assistance benefits to which he might be entitled, or because
  of  a  refusal  to  participate  in  treatment  for  drug  addiction  or
  alcoholism or because he has remained outside the United States for  all
  of such month, or because he has refused vocational rehabilitation.
    2.  The  following  amounts  shall be the standard of monthly need for
  determining eligibility for and the amount of additional state payments,
  depending on the type of living arrangement and the geographic  area  in
  which the eligible individual or the eligible couple resides:
    (a)  On  and after January first, two thousand twelve, for an eligible
  individual living alone, $785.00; and  for  an  eligible  couple  living
  alone, $1152.00.

    (b)  On  and after January first, two thousand twelve, for an eligible
  individual living with others with or without in-kind  income,  $721.00;
  and  for  an  eligible couple living with others with or without in-kind
  income, $1094.00.
    (c)  On  and  after  January  first,  two  thousand twelve, (i) for an
  eligible individual receiving family care,  $964.48  if  he  or  she  is
  receiving  such  care  in  the city of New York or the county of Nassau,
  Suffolk, Westchester or  Rockland;  and  (ii)  for  an  eligible  couple
  receiving  family  care in the city of New York or the county of Nassau,
  Suffolk, Westchester or Rockland, two times  the  amount  set  forth  in
  subparagraph  (i) of this paragraph; or (iii) for an eligible individual
  receiving such care in any other county in the state, $926.48; and  (iv)
  for  an  eligible  couple receiving such care in any other county in the
  state, two times the amount set forth  in  subparagraph  (iii)  of  this
  paragraph.
    (d)  On  and  after  January  first,  two  thousand twelve, (i) for an
  eligible individual receiving residential care, $1133.00 if he or she is
  receiving such care in the city of New York or  the  county  of  Nassau,
  Suffolk,  Westchester  or  Rockland;  and  (ii)  for  an eligible couple
  receiving residential care in the city of New  York  or  the  county  of
  Nassau, Suffolk, Westchester or Rockland, two times the amount set forth
  in  subparagraph  (i)  of  this  paragraph;  or  (iii)  for  an eligible
  individual receiving such  care  in  any  other  county  in  the  state,
  $1103.00;  and  (iv)  for  an eligible couple receiving such care in any
  other  county  in  the  state,  two  times  the  amount  set  forth   in
  subparagraph (iii) of this paragraph.
    (e)  (i)  On  and  after  January  first,  two thousand twelve, for an
  eligible individual receiving enhanced residential care,  $1392.00;  and
  (ii)  for  an  eligible  couple receiving enhanced residential care, two
  times the amount set forth in subparagraph (i) of this paragraph.
    (f) The amounts set forth  in  paragraphs  (a)  through  (e)  of  this
  subdivision  shall  be  increased  to  reflect  any increases in federal
  supplemental security income benefits for individuals or  couples  which
  become  effective  on  or after January first, two thousand thirteen but
  prior to June thirtieth, two thousand thirteen.
    2-a. Notwithstanding any inconsistent provision of  subparagraph  (ii)
  of  paragraph  (d) of subdivision one of this section, an individual who
  is receiving or is eligible to  receive  federal  supplemental  security
  income  payments  and/or additional state payments and who is a resident
  of a residential health care facility as defined by section twenty-eight
  hundred one  of  the  public  health  law,  shall,  in  accordance  with
  regulations  of  the  department,  be  entitled  to  a state payment for
  personal needs in the amount  of  fifteen  dollars  a  month,  provided,
  however,  that  on or after January first, nineteen hundred eighty-eight
  the state payment for personal needs for such persons shall  be  in  the
  amount  of twenty-five dollars a month. Notwithstanding any inconsistent
  provision of subparagraph (ii) of paragraph (d) of  subdivision  one  of
  this  section, on or after January first, nineteen hundred eighty-eight,
  a resident of an  intermediate  care  facility  operated  or  issued  an
  operating   certificate   by   the  office  of  mental  retardation  and
  developmental disabilities or a patient of a hospital  operated  by  the
  office of mental health as defined in subdivision ten of section 1.03 of
  the  mental  hygiene  law  who  is  receiving  or is eligible to receive
  supplemental security income payments and/or additional  state  payments
  shall  receive  a state payment for personal needs in the amount of five
  dollars a month. The department is authorized  to  promulgate  necessary
  regulations  to  provide  for  the  time  and manner for payment of such
  personal allowance to such individuals.

    3. As used in subdivision two of this section:
    (a)  "Living  alone" shall mean living in a private household composed
  of one eligible individual or one eligible couple.
    (b) "Living with others" shall mean  living  in  a  private  household
  composed  of  an  eligible  individual  or couple and at least one other
  person; or, with respect to any child who is not the head of a household
  and who is under the age of eighteen, or under the age of twenty-two  if
  attending  school, any living arrangement other than residential care in
  a facility operated or licensed by an office of the department of mental
  hygiene.
    * Notwithstanding any inconsistent provision of law, persons  residing
  in family care homes operated or licensed by the office of mental health
  or  the  office of mental retardation and developmental disabilities who
  receive personal care services pursuant to the federal  social  security
  act  and  regulations  issued  thereunder whenever (i) approval has been
  received from the budget director, (ii) such personal care services  are
  provided  in  accordance  with  rules and regulations promulgated by the
  department, and (iii) federal aid under title XIX of the federal  social
  security  act  is  available therefor, shall be considered to be "living
  with others"  as  described  in  this  paragraph  for  the  purposes  of
  determining   the  amount  of  additional  state  payments  pursuant  to
  subdivision two of this section.
    * NB Expired June 30, 1983
    * (c) "Receiving family care" shall mean residing  in  a  family  type
  home for adults which is certified by the department and supervised by a
  social  services  district,  in accordance with applicable provisions of
  law and regulations, or a family care home certified by the  appropriate
  office   of  the  department  of  mental  hygiene,  in  accordance  with
  applicable provisions of law  and  regulations  or  participating  in  a
  foster  family  care  demonstration  program  pursuant  to section three
  hundred sixty-four-h of this chapter.
    * NB Effective until December 31, 2013
    * (c) "Receiving family care" shall mean residing  in  a  family  type
  home for adults which is certified by the department and supervised by a
  social  services  district,  in accordance with applicable provisions of
  law and regulations, or a family care home certified by the  appropriate
  office   of  the  department  of  mental  hygiene,  in  accordance  with
  applicable provisions of law and regulations.
    * NB Effective December 31, 2013
    (d) "Receiving residential care" shall mean residing  in  a  residence
  for  adults  or  a  privately  operated community residence, residential
  substance abuse treatment program or community residential facility  for
  alcoholism,  certified  by  the  appropriate office of the department of
  mental hygiene; or a residential care center for adults certified by the
  office  of  mental  health,  in  accordance  with  applicable  law   and
  regulations.  For the purpose of this paragraph, a person receiving care
  in an intermediate care facility, certified by the department of  health
  or  by  the  appropriate  office of the department of mental hygiene, or
  receiving  respite  services  shall  not  be  deemed  to  be   receiving
  residential care.
    (e)  "Receiving  enhanced  residential  care" shall mean residing in a
  privately operated school for the mentally retarded and  developmentally
  disabled  which  is  certified  by  the office of mental retardation and
  developmental disabilities of  the  department  of  mental  hygiene,  in
  accordance with applicable provisions of law and regulations or an adult
  home,  or enriched housing program certified by the department of health
  in accordance with applicable law, rules and regulations to  the  extent
  permitted by federal law and regulations.

    4.  An  eligible individual or an eligible couple shall be entitled to
  receive monthly an additional state payment in an amount  equal  to  the
  difference  between  the  monthly  standard  of  need applicable to such
  individual or couple and  the  sum  of  such  individual's  or  couple's
  supplemental security income benefit plus countable income.
    5.  If necessary in order to comply with or reflect changes in federal
  law, or to take full advantage of  available  federal  funding  for  the
  purposes of this title, or to remain qualified for federal funding under
  any  other program, the department may, by regulation, with the approval
  of the director of the budget,  change  the  amounts  specified  as  the
  standard of need in subdivision two of this section, or provide that any
  portion  of  the  supplemental security income benefit be disregarded in
  determining the amount of the additional state payment. Any such  change
  in  the  amounts  of  the  standards  of need or in the amounts to be so
  disregarded shall remain effective only until the first day of  July  of
  the  year  next  succeeding  the  year  in  which such change is to take
  effect, unless such change is enacted into law prior to such date.
    6. (a) As applicable federal law, rules and regulations so provide,  a
  recipient of supplemental security income benefits or medical assistance
  in the state of New York or any other state may establish an irrevocable
  trust  fund  for  the  exclusive  purpose  of their or a family member's
  funeral and burial. Such trust fund and  any  accumulated  interest  not
  withdrawn  by  the  recipient  shall  remain  the  responsibility of the
  funeral firm,  funeral  director,  undertaker,  cemetery  or  any  other
  person,  firm  or corporation to whom such payment is made to administer
  for funeral and burial expenses of  the  recipient.  Those  persons  who
  establish such a trust fund shall be given the opportunity to select the
  funeral  firm,  funeral  director,  undertaker,  cemetery  or  any other
  person, firm or corporation to whom such payment is made of their choice
  to provide for their or a family member's  burial  arrangements  and  to
  change such selection at any time to any funeral firm, funeral director,
  undertaker,  cemetery  or  any other person, firm or corporation to whom
  such payment is made, located either in the state of  New  York  or  any
  other  state.  Any  such  change  of  funeral  firm,  funeral  director,
  undertaker, cemetery, or any other person, firm or corporation  to  whom
  such  payment  is  made,  must  be  carried out within ten business days
  following receipt of a request by the purchaser  to  the  funeral  firm,
  funeral  director,  undertaker,  cemetery,  or any other person, firm or
  corporation to whom such payment is made with which  the  current  trust
  fund  was  established.  Funds  in such trust fund shall be placed in an
  interest bearing account pursuant to section four hundred fifty-three of
  the general business law. Accumulated interest from such  account  shall
  not  be  reported  as "countable income" pursuant to section two hundred
  eight of this title.
    (b) An applicant for or a recipient of medical assistance in the state
  of New York or any other state who enters into an agreement pursuant  to
  section  four  hundred fifty-three of the general business law for their
  own benefit or for the benefit of a  family  member  shall  establish  a
  single  irrevocable  trust  fund  for  each such beneficiary pursuant to
  paragraph (a) of this subdivision.
    (c) A funeral firm, funeral director,  undertaker,  cemetery,  or  any
  other  person,  firm  or  corporation  which  makes an agreement for and
  accepts payment for such an irrevocable trust fund,  shall  comply  with
  the  provisions  of  section  four  hundred  fifty-three  of the general
  business law, and shall include the  following  statement  in  any  such
  agreement in conspicuous print of at least twelve point type:
                                 DISCLOSURE

    NEW  YORK LAW REQUIRES THIS AGREEMENT TO BE IRREVOCABLE FOR APPLICANTS
  FOR AND RECIPIENTS OF SUPPLEMENTAL SECURITY BENEFITS UNDER  SECTION  TWO
  HUNDRED  NINE  OF THE SOCIAL SERVICES LAW OR OF MEDICAL ASSISTANCE UNDER
  SECTION THREE HUNDRED SIXTY-SIX OF THE SOCIAL SERVICES LAW, AND FOR  THE
  MONEYS PUT INTO A TRUST UNDER THIS AGREEMENT TO BE USED ONLY FOR FUNERAL
  AND  BURIAL  EXPENSES.  WHETHER  THIS  AGREEMENT IS FOR YOUR FUNERAL AND
  BURIAL EXPENSES OR FOR THOSE OF A FAMILY MEMBER, IF ANY  MONEY  IS  LEFT
  OVER  AFTER  YOUR FUNERAL AND BURIAL EXPENSES HAVE BEEN PAID, IT WILL GO
  TO THE COUNTY. YOU MAY CHANGE YOUR CHOICE OF FUNERAL HOME AT  ANY  TIME.
  IF  THIS  AGREEMENT  IS  FOR THE FUNERAL AND BURIAL EXPENSES OF A FAMILY
  MEMBER, AFTER YOUR DEATH SUCH FAMILY MEMBER MAY  CHANGE  THE  CHOICE  OF
  FUNERAL HOME AT ANY TIME.
    (d)  Any promotional literature prepared after January first, nineteen
  hundred ninety-seven by a funeral firm,  funeral  director,  undertaker,
  cemetery,  or  any  other  person,  firm  or corporation for prearranged
  funeral  and  burial  services  must  contain  language  disclosing  the
  irrevocable  nature  of burial trusts established by or for an applicant
  or  recipient  of  supplemental  security  income  benefits  or  medical
  assistance.