Section 131-A. Monthly grants and allowances of public assistance

1. Any
  inconsistent provision of this chapter  or  other  law  notwithstanding,
  social  services  officials  shall, in accordance with the provisions of
  this  section  and  regulations  of  the  department,   provide   public
  assistance  to  needy  persons who constitute or are members of a family
  household,  who  are  determined  to  be  eligible  in  accordance  with
  standards  of  need  established  in subdivision two. Provision for such
  persons, for all items of need, less any available income  or  resources
  which  are  not  required  to be disregarded by other provisions of this
  chapter, shall be made in accordance with this section.  Such  provision
  shall  be  made  in monthly or semi-monthly allowances and grants within
  the limits of the  schedules  included  in  subdivision  three  of  this
  section  except  for  additional amounts which shall be included therein
  for shelter, fuel for heating, additional cost of meals for persons  who
  are  unable  to  prepare  meals  at  home  and for other items for which
  specific provision is otherwise made in article five. As  used  in  this
  section  the  term  "shelter"  may  include  a  grant  not to exceed two
  thousand five hundred dollars toward the purchase of an  interest  in  a
  cooperative.  A  social  services  official  shall require assignment of
  recipient's equity in such cooperative housing in  accordance  with  the
  rules of the board and regulations of the department.
    2.  (a)  Through  June  thirtieth,  two  thousand  nine, the following
  schedule  shall  be  the  standard  of  monthly  need  for   determining
  eligibility  for  all  categories  of  assistance  in  and by all social
  services districts:
                       Number of Persons in Household
            One       Two     Three      Four      Five       Six
            $112     $179      $238      $307      $379      $438
    For each additional person in the household there shall  be  added  an
  additional amount of sixty dollars monthly.
    (a-1)  For  the  period  beginning  July  first, two thousand nine and
  ending June thirtieth, two thousand ten, the following schedule shall be
  the standard  of  monthly  need  for  determining  eligibility  for  all
  categories of assistance in and by all social services districts:
                       Number of Persons in Household
      One         Two         Three       Four        Five        Six
      $126        $201        $268        $345        $426        $492
    For  each  additional  person in the household there shall be added an
  additional amount of sixty-seven dollars monthly.
    (a-2) For the period beginning July first, two thousand ten and ending
  June thirtieth, two thousand eleven, the following schedule shall be the
  standard of monthly need for determining eligibility for all  categories
  of assistance in and by all social services districts:
                       Number of Persons in Household
      One         Two         Three       Four        Five        Six
      $141        $225        $300        $386        $477        $551
    For  each  additional  person in the household there shall be added an
  additional amount of seventy-five dollars monthly.
    (a-3) For the period beginning July first,  two  thousand  eleven  and
  thereafter, the following schedule shall be the standard of monthly need
  for  determining  eligibility for all categories of assistance in and by
  all social services districts:
                       Number of Persons in Household
      One         Two         Three       Four        Five        Six
      $158        $252        $335        $432        $533        $616
    For each additional person in the household there shall  be  added  an
  additional amount of eighty-four dollars monthly.

    (b)  In  addition  to  the  above,  the standard of need shall include
  amounts for shelter and  fuel  for  heating,  amounts  for  home  energy
  payments  (including  amounts  for  supplemental  home  energy  grants),
  amounts for additional cost of meals  for  persons  who  are  unable  to
  prepare  meals  at  home  and  amounts  for other items when required by
  individual case circumstances for which specific provision is  otherwise
  made  in  article  five of this chapter. For purposes of determining the
  amount to be included in the standard of need for shelter and  fuel  for
  heating, to the extent that federal reimbursement is available therefor,
  social  services  officials shall include in the household any child who
  has entered foster care pursuant to section three hundred  eighty-four-a
  of  this  chapter  who was eligible for and in receipt of assistance and
  care as a member of the household in and for the  month  of  entry  into
  foster  care and for whom the family service plan, as defined in section
  four hundred nine-e of this chapter, includes a goal of discharge  to  a
  member of the household.
    (c) Notwithstanding the provisions of this chapter or of any other law
  or  regulation  to the contrary, on and after the effective date of this
  paragraph, the amount to be included in the standard of need for shelter
  for an eligible tenant residing in city, state or federal public housing
  shall be the greater of (i) the shelter  allowance  for  public  housing
  prescribed  by  regulations  of  the department, (ii) the amount payable
  pursuant  to  a  modified  shelter  allowance  schedule  prescribed   by
  regulations  of  the department for the particular housing authority, or
  (iii) an amount equal to fifty percent of the maximum shelter  allowance
  prescribed  by  regulations  of  the  department  for non-public housing
  located in the social services district in which the public  housing  is
  located.  Commencing  one  year  after such effective date, such shelter
  allowance shall be the greater of (i) the shelter allowance  for  public
  housing  prescribed  by  regulations  of the department, (ii) the amount
  payable pursuant to a modified shelter allowance schedule prescribed  by
  regulations  of  the department for the particular housing authority, or
  (iii) an amount equal to seventy-five percent  of  the  maximum  shelter
  allowance  prescribed  by  regulations  of the department for non-public
  housing located in the social services  district  in  which  the  public
  housing  is located. Commencing two years after such effective date, the
  amount to be included in  the  standard  of  need  for  shelter  for  an
  eligible  tenant residing in city, state or federal public housing shall
  be the maximum  shelter  allowance  prescribed  by  regulations  of  the
  department  for  non-public  housing  located  in  the  social  services
  district in which the public housing is located.
    (d) If by the application of the standard of need as provided  for  in
  this  subdivision the monthly need of an individual or household is less
  than ten dollars, such individual or household shall not  be  considered
  in  need  of  cash  assistance  but shall be deemed to be a recipient of
  assistance for all other purposes including determining eligibility  for
  medical assistance and social rehabilitative services.
    (e)  The  standard  of  monthly  need, when not a whole dollar amount,
  shall be rounded to the next lower whole dollar amount.
    3. (a) Through June thirtieth, two thousand nine, persons and families
  determined to be eligible by the application of  the  standard  of  need
  prescribed  by  the  provisions of subdivision two of this section, less
  any  available  income  or  resources  which  are  not  required  to  be
  disregarded  by  other provisions of this chapter, shall receive maximum
  monthly grants and allowances  in  all  social  services  districts,  in
  accordance with the following schedule, for public assistance:

                       Number of Persons in Household
            One       Two     Three      Four      Five      Six
            $112      $179     $238      $307      $379     $438
    For each additional eligible needy person in the household there shall
  be an additional allowance of sixty dollars monthly.
    (a-1)  For  the  period  beginning  July  first, two thousand nine and
  ending June thirtieth, two thousand ten, persons and families determined
  to be eligible by the application of the standard of need prescribed  by
  the  provisions  of  subdivision two of this section, less any available
  income or resources which are not required to be  disregarded  by  other
  provisions  of  this  chapter,  shall receive maximum monthly grants and
  allowances in all social services  districts,  in  accordance  with  the
  following schedule, for public assistance:
                       Number of Persons in Household
      One         Two         Three       Four        Five        Six
      $126        $201        $268        $345        $426        $492
    For  each  additional  person in the household there shall be added an
  additional amount of sixty-seven dollars monthly.
    (a-2) For the period beginning July first, two thousand ten and ending
  June thirtieth, two thousand eleven, persons and families determined  to
  be eligible by the application of the standard of need prescribed by the
  provisions of subdivision two of this section, less any available income
  or  resources  which  are  not  required  to  be  disregarded  by  other
  provisions of this chapter, shall receive  maximum  monthly  grants  and
  allowances  in  all  social  services  districts, in accordance with the
  following schedule, for public assistance:
                       Number of Persons in Household
      One         Two         Three       Four        Five        Six
      $141        $225        $300        $386        $477        $551
    For each additional person in the household there shall  be  added  an
  additional amount of seventy-five dollars monthly.
    (a-3)  For  the  period  beginning July first, two thousand eleven and
  thereafter, persons and  families  determined  to  be  eligible  by  the
  application  of  the  standard  of  need prescribed by the provisions of
  subdivision two of this section, less any available income or  resources
  which  are  not  required  to be disregarded by other provisions of this
  chapter, shall receive maximum monthly  grants  and  allowances  in  all
  social  services  districts,  in accordance with the following schedule,
  for public assistance:
                       Number of Persons in Household
      One         Two         Three       Four        Five        Six
      $158        $252        $335        $432        $533        $616
    For each additional person in the household there shall  be  added  an
  additional amount of eighty-four dollars monthly.
    (b) Notwithstanding the provisions of this section or any other law to
  the  contrary,  no  payment  of  public assistance shall be made for any
  month if the amount of such payment would be less than ten  dollars  per
  month.
    (c)  The  amount  of the monthly grant and allowance, when not a whole
  dollar amount, shall be rounded to the next lower whole dollar amount.
    3-c. Commencing July first, nineteen hundred eighty-one,  persons  and
  families determined to be eligible by the application of the standard of
  need  prescribed  by  the  provision of subdivision two of this section,
  shall receive a  home  energy  grant  equal  to  the  following  monthly
  amounts:
                       Number of Persons in Household
              One       Two     Three     Four      Five     Six
           $14.10    $22.50   $30.00    $38.70    $47.70   $55.20

  For  each additional needy person in the household, there shall be added
  an additional amount of seven dollars and fifty cents.
    3-d.  Commencing  January  first,  nineteen  hundred  eighty-six,  for
  persons and families determined to be eligible by the application of the
  standard of need prescribed by the provisions of subdivision two of this
  section, the amounts set forth in paragraph (a) of subdivision three  of
  this  section, after application of subdivision three-c of this section,
  shall be increased by the following amounts as  a  monthly  supplemental
  home energy grant:
                       Number of Persons in Household
          One       Two       Three       Four       Five       Six
          $11       $17        $23        $30        $37        $42
  For  each additional needy person in the household, there shall be added
  an additional amount of five dollars monthly.
    4. If federal requirements make it necessary to adjust any schedule of
  grants and allowances, or part thereof, the department shall  make  such
  adjustments but the adjusted schedule of grants and allowances shall not
  exceed the schedule of monthly amounts in subdivision two above.
    5.  Notwithstanding any other provisions of this chapter or other law,
  a social services official may make provisions for the  following  items
  and  services:  (a)  replacement of necessary furniture and clothing for
  persons in need of public assistance who have suffered the loss of  such
  items  as  the result of fire, flood or other like catastrophe, provided
  provisions therefor cannot otherwise be made;
    (b) purchase of necessary and essential  furniture  required  for  the
  establishment  of  a  home  for  persons  in  need of public assistance,
  provided provision therefor cannot otherwise be made;
    (c)  essential  repair  of  heating  equipment,  cooking  stoves,  and
  refrigerators  used  by  persons  in  need of public assistance in their
  homes, provided provision therefor cannot otherwise be made except  that
  replacement may be authorized when less expensive than repair;
    (d)  camp  fees  when  funds cannot be obtained from other sources for
  children receiving aid to dependent children assistance not in excess of
  maximum fees as established  by  regulations  of  the  department;  life
  insurance premiums provided the policy is assigned to the department, or
  in  cases  where  the  recipient  is aged, his or her life expectancy is
  short, or he or she is deemed uninsurable.
    (e) Provision of  allowances  as  prescribed  by  regulations  of  the
  department  to  meet  the  needs of a pregnant woman, beginning with the
  fourth month of pregnancy which has been medically verified.
    7. Whenever a social services  official  finds  that  a  recipient  of
  public  assistance  has  failed to fully apply the amount allowed in his
  grant for shelter to the payment of rent for his housing accommodations,
  unless rent is being withheld pursuant to law or court order, the social
  services official shall furnish such recipient's  shelter  allowance  in
  the  form of direct payments to the owner of such housing accommodations
  or his or her designated agent.
    8. (a) In determining the need for aid provided pursuant to the public
  assistance programs, the following  income  earned  during  a  month  by
  applicants   for   or  recipients  of  such  aid  shall  be  exempt  and
  disregarded:
    (i) all of the earned income of a dependent child receiving  such  aid
  or  for  whom  an  application  for  such  aid  has  been made, who is a
  full-time student or part-time student attending a school,  college,  or
  university,  or a course of vocational or technical training designed to
  fit him for gainful employment;
    (ii) from the earned income of any child or relative applying  for  or
  receiving  aid  pursuant  to  such  program,  or of any other individual

  living in the same household as such relative and child whose needs  are
  taken  into  account  in  making  such  determination,  the first ninety
  dollars of the total of such earned income for such month;
    (iii)  forty-two  percent  of  the earned income for such month of any
  recipient in a household containing  a  dependent  child  which  remains
  after   application  of  all  other  subparagraphs  of  this  paragraph;
  provided, however, that such percentage amount shall be adjusted in June
  of each year, commencing in nineteen hundred  ninety-eight,  to  reflect
  changes  in  the  most  recently issued poverty guidelines of the United
  States Bureau of the Census, such that  a  household  of  three  without
  special needs, living in a heated apartment in New York city and without
  unearned  income  would  become  ineligible  for  assistance  with gross
  earnings equal to  the  poverty  level  in  such  guidelines;  provided,
  however,  that  no assistance shall be given to any household with gross
  earned  and  unearned  income,  exclusive   of   income   described   in
  subparagraphs  (i) and (vi) of this paragraph, in excess of such poverty
  level;
    * (v) the first one hundred  dollars  received  in  such  month  which
  represent  support  payments  timely  paid in and for such month and the
  first one hundred dollars received in such month which represent support
  payments timely paid in and  for  each  of  any  prior  months,  in  any
  household applying for or receiving public assistance, including support
  payments  collected  and  paid to the public assistance household by the
  social services district;
    * NB Effective until January 1, 2010
    * (v) the first one hundred  dollars  received  in  such  month  which
  represent  support  payments  timely  paid in and for such month for one
  child, and the first two hundred dollars received in  such  month  which
  represent  support payments timely paid in and for such month for two or
  more children, and the first one hundred dollars received in such  month
  which  represent  support  payments  timely  paid in and for each of any
  prior months for one child, and the first two hundred  dollars  received
  in  such  month  which represent support payments timely paid in and for
  each of any prior months for two or  more  children,  in  any  household
  applying  for or receiving public assistance, including support payments
  collected and paid to the public  assistance  household  by  the  social
  services district;
    * NB Effective January 1, 2010
    (vi)  in  any  calendar  year, all of the earned income of a dependent
  child receiving such aid who is a full-time student;
    (vii) all of the income of a dependent child living with a  parent  or
  other  caretaker  relative,  who  is  receiving  such aid or for whom an
  application  for  such  aid  has  been  made,  which  is  derived   from
  participation  in  a  program carried out under the federal job training
  partnership act (P.L. 97-300) provided, however, that  in  the  case  of
  earned income such disregard must be applied for at least, but no longer
  than, six months per calendar year for each such child.
    (viii)  any  federal  income  taxes  refunded  by  reason  of  section
  thirty-two of the Internal Revenue Code of nineteen  hundred  eighty-six
  relating  to  the earned income tax credit or any payment by an employer
  under section three thousand five hundred seven of such code relating to
  advance payment of the earned income tax credit.
    (b)  Notwithstanding  the  provisions  of  paragraph   (a)   of   this
  subdivision, there shall not be disregarded under subparagraphs (ii) and
  (iii) of such paragraph any earned income of any of the persons to which
  subparagraph (ii) of such paragraph applies if such person:
    (i)  terminated  his  employment  or reduced his earned income without
  good cause, within a period of not less than seventy-five days, or  such

  other  period of time as required by federal law or regulation, prior to
  a determination of need for public assistance;
    (ii)  refused without good cause, within such seventy-five day period,
  to accept employment in which he is able to  engage,  which  is  offered
  through the public employment office of the New York state department of
  labor  or  refused to accept employment otherwise offered by an employer
  if the offer of such employer is determined  by  an  appropriate  social
  services official to be a bona fide offer of employment; or
    (iii)  failed  without  good  cause  to  make  a  timely report to the
  appropriate social services district of earned income  received  in  the
  month a determination of need is made.
    (c)  There  shall  not  be  disregarded  under  subparagraph  (iii) of
  paragraph (a) of this subdivision  any  earned  income  of  any  of  the
  persons  specified in subparagraph (ii) of such paragraph, if the income
  of such person was in excess of his or  her  need,  unless  such  person
  received  public  assistance in one or more of the four months preceding
  the month of need determination.
    9. In determining the eligibility of a child for public assistance and
  the amount of such assistance for any month there shall  be  taken  into
  consideration so much of the income of such dependent child's stepparent
  living in the same household as such child as exceeds the sum of:
    (a)  the  first  seventy-five dollars of the total of the stepparent's
  earned income for such month, or such lesser amount  as  the  department
  may  prescribe  in  the  case  of  a stepparent not engaged in full-time
  employment or not employed throughout such month consistent with federal
  law and regulations;
    (b) the standard of need as contained in this section for a family  of
  the  same  composition  as  the  stepparent  and those other individuals
  living in the same household as the child who are not  applying  for  or
  receiving  benefits and are claimed by such stepparent as dependents for
  purposes of determining such stepparent's federal income tax liability;
    (c) amounts paid by the stepparent to individuals not living  in  such
  household  and  claimed by such stepparent as dependents for purposes of
  determining such stepparent's federal personal income tax liability; and
    (d) payments of alimony or child support made by such stepparent  with
  respect to individuals not living in such household.
    10.  (a)  Notwithstanding  the provisions of this section or any other
  law to the contrary, no person or family shall be  eligible  for  public
  assistance  for  any  month  in  which  the  total income of the family,
  excluding benefits received under such programs and without  application
  of  the  income exemptions and disregards provided in subparagraphs (ii)
  and (iii) of paragraph (a) of subdivision eight of this section, exceeds
  one hundred eighty-five percent of the standard of need for a family  of
  the  same  composition.  Provided,  however,  that the income disregards
  provided in subparagraphs (v),  (vi)  and  (vii)  of  paragraph  (a)  of
  subdivision  eight  of  this  section  shall  be  applied  in making the
  eligibility determination required by this paragraph.
    (b) For purposes of this subdivision, the term standard of need  shall
  include  the  amounts  in  the  schedule  set  forth in paragraph (a) of
  subdivision two of this section plus amounts for shelter, and  fuel  for
  heating as prescribed by regulations of the department, amounts for home
  energy payments provided pursuant to subdivision three-c of this section
  and   amounts   for   other  items  when  required  by  individual  case
  circumstances for which specific provision is  otherwise  made  in  this
  article.
    12.  (a)  No  public  assistance  household having income which, after
  application of applicable disregards, exceeds the household standard  of
  need,  because of the receipt in any month of a nonrecurring lump sum of

  earned or unearned income, shall be eligible for public assistance for a
  period equal to the full number of months derived by  dividing  (i)  the
  sum  of  the lump sum income and all other income received in such month
  which  is  not excluded under subdivision eight of this section; by (ii)
  the standard of need for a family size  which  consists  of  the  public
  assistance household plus any other individuals whose lump sum income is
  considered  available  to such household. Any income remaining from this
  calculation is income in  the  first  month  following  such  period  of
  ineligibility.
    (b)  At  any  time  after  determining  the period of ineligibility as
  required in paragraph (a)  of  this  subdivision,  the  social  services
  official shall recalculate the remaining period of ineligibility in such
  circumstances   and  under  such  conditions  as  the  department  shall
  prescribe by regulation, subject to paragraph (c)  of  this  subdivision
  and consistent with federal law and regulations.
    (c)  The  social  services  official  shall  exclude from any lump sum
  income any amounts which are exempt and disregarded as cash  and  liquid
  or  nonliquid  resources pursuant to section one hundred thirty-one-n of
  this title and shall recalculate the period of ineligibility  caused  by
  receipt of a nonrecurring lump sum of income subject to this subdivision
  to the extent that such income is applied to any or all of the following
  within ninety days of receipt: an automobile needed for the applicant or
  recipient  to  seek  or retain employment or for travel to and from work
  activities as defined  in  section  three  hundred  thirty-six  of  this
  chapter,  a  bank  account  or accounts, or a burial plot or plots, or a
  funeral agreement or agreements, the values  of  which  are  exempt  and
  disregarded  as  a resource pursuant to section one hundred thirty-one-n
  of this title.
    13. Pursuant to regulations of the office of temporary and  disability
  assistance, public assistance eligibility shall, to the extent permitted
  by  federal  law,  not  lapse solely by reason of the death of the adult
  relative caretaker of a minor child, until  arrangements  are  completed
  for  the  addition  of the child to another public assistance household,
  reclassification of the case, foster care or other appropriate financial
  support. For purposes  of  subdivision  eight  of  section  one  hundred
  fifty-three of this article, safety net assistance given to such a child
  during  the  first  forty-five  days after application therefor shall be
  regarded as being given to meet emergency circumstances.