Section 31.29. Monthly personal allowances

(a)  Each  resident  of  a residential care center for adults shall be
  entitled to retain out of his  or  her  income,  including  supplemental
  security income or safety net assistance benefits pursuant to the social
  services  law,  a  monthly  personal allowance in an amount equal to the
  monthly  personal  allowance  established   in   section   one   hundred
  thirty-one-o   of   the   social  services  law  for  persons  receiving
  residential care.
    (b) Any resident of a residential care center for adults, or  a  state
  operated  community  residence,  who does not receive a monthly personal
  needs allowance as provided in subdivision (a) of this section shall, in
  accordance with regulations of the commissioner, be eligible to  receive
  a state payment for personal needs if such resident:
    1.  does not have countable income, as such term is defined in section
  two hundred eight of the social services law, in an amount equal  to  or
  greater   than   the  amount  of  the  monthly  personal  allowance  for
  individuals  receiving  residential  care  established  in  section  one
  hundred thirty-one-o of the social services law; and
    2.  does  not  have  countable  resources,  as such term is defined in
  section two hundred eight of the social services law, 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 and
  additional state payments pursuant to title XVI of  the  federal  social
  security act and title six of article five of the social services law.
    (c) The amount of the state payment shall be the amount of the monthly
  personal  allowance  established  in section one hundred thirty-one-o of
  the social services law for persons receiving residential care less  the
  resident's countable income.
    (d)  The  provisions of section one hundred thirty-one-o of the social
  services law shall apply to all allowances and state payments under this
  section.
    (e) The commissioner is authorized to promulgate necessary regulations
  to provide for the time and manner for such state payments for  personal
  needs.