Section 16.31. Monthly personal allowances

(a)  All  persons  residing  in  facilities  for  which  an  operating
  certificate is required pursuant to this article shall be entitled to an
  exemption from income as a personal needs  allowance  in  the  following
  amounts:
    1.  For  persons  residing  in  family  care,  community residences or
  schools for the mentally retarded, the amount specified  in  subdivision
  one of section one hundred thirty-one-o of the social services law.
    2.  For  persons residing in intermediate care facilities, the amounts
  set forth in subparagraph ten of  paragraph  a  of  subdivision  two  of
  section three hundred sixty-six of the social services law.
    (b)  Any  person  residing  in  a  facility  for  which  an  operating
  certificate is required pursuant to this article who has no  income,  or
  who  has  otherwise  non-exempt  income  in  an  amount  less  that  the
  appropriate amount pursuant to subdivision (a) of this section, shall be
  eligible for a state payment in an amount equal to  subdivision  (a)  of
  this  section  less  the  amount  of  the  person's otherwise non-exempt
  income.