Section 131-N. Exemption of income and resources  


Latest version.
  • 1.  The following
      resources shall be exempt and disregarded in calculating the  amount  of
      benefits  of any household under any public assistance program: (a) cash
      and liquid or nonliquid resources up to two thousand dollars,  or  three
      thousand  dollars in the case of households in which any member is sixty
      years of age or older, (b) an amount up to  four  thousand  six  hundred
      fifty  dollars  in  a separate bank account established by an individual
      while currently in  receipt  of  assistance  for  the  sole  purpose  of
      enabling  the  individual to purchase a first or replacement vehicle for
      the recipient to seek, obtain or maintain employment,  so  long  as  the
      funds  are  not  used  for  any  other  purpose, (c) an amount up to one
      thousand four hundred dollars in a separate bank account established  by
      an  individual  while currently in receipt of assistance for the purpose
      of paying tuition at a two-year  accredited  post-secondary  educational
      institution,  so  long  as the funds are not used for any other purpose,
      (d) the home which is the usual residence  of  the  household,  (e)  one
      automobile,  up  to  four thousand six hundred fifty dollars fair market
      value, provided, however, that if  the  automobile  is  needed  for  the
      applicant  or  recipient  to  seek or retain employment or travel to and
      from work activities as defined in section three hundred  thirty-six  of
      this  chapter,  the  automobile  exemption  shall  be  increased to nine
      thousand three hundred dollars, or such other higher dollar value as the
      local social services district may elect to adopt, (f) one  burial  plot
      per household member as defined in department regulations, (g) bona fide
      funeral agreements up to a total of one thousand five hundred dollars in
      equity   value   per  household  member,  (h)  funds  in  an  individual
      development account established in accordance with subdivision  five  of
      section  three  hundred  fifty-eight  of  this  chapter and section four
      hundred three of the social security act and (i) for  a  period  of  six
      months,  real property which the household is making a good faith effort
      to sell, in accordance with department regulations and tangible personal
      property necessary for business or for employment purposes in accordance
      with department regulations. If federal law or regulations  require  the
      exemption or disregard of additional income and resources in determining
      need  for  family  assistance,  or  medical  assistance  not exempted or
      disregarded pursuant  to  any  other  provision  of  this  chapter,  the
      department  may,  by regulations subject to the approval of the director
      of the budget, require social services officials to exempt or  disregard
      such  income  and  resources.  Refunds  resulting from earned income tax
      credits shall be disregarded in public assistance programs.
        2. If and to the extent permitted  by  federal  law  and  regulations,
      amounts  received  under section 105 of Public Law 100-383 as reparation
      payments for internment  of  Japanese-Americans  and  payments  made  to
      individuals  because  of  their status as victims of Nazi persecution as
      defined in P.L. 103-286 shall be exempt from consideration as income  or
      resources  for purposes of determining eligibility for and the amount of
      benefits under any program provided under the authority of this  chapter
      and under title XX of the Social Security Act.
        3.  The  department  is  authorized  to establish regulations defining
      income and resources. The department is further authorized to promulgate
      regulations it deems necessary to prevent the improper establishment and
      use of accounts for purchase of first or replacement vehicles.
        * NB Effective until August 22, 2011