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New York Consolidated Laws, Social Services Law - SOS § 131-n. Additional exemption of income and resources pursuant to federal law and regulations

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<[Eff. Aug. 22, 2019, pursuant to L.1997, c. 436, pt. B, § 153, subd. (c).  See, also Social Services Law § 131-n, ante.]>

1. If federal law or regulations require, as a condition of qualifying for federal financial participation, the exemption or disregard of income and resources in determining need for aid to dependent children, 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.  Such exemptions and disregards shall be limited solely to income resulting from increases in social security benefits authorized by Public Law 92-336,  1 and refunds required to be disregarded in federally aided programs by Public Law 94-164 2 for months prior to July first, nineteen hundred seventy-six, or any other federal law extending the requirement that refunds resulting from earned income tax credits be disregarded in federally aided programs.

2. If and to the extent permitted by federal law and regulations, amounts received under section 105 of Public Law 100-383 3 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 4 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 article and under title XX of the Social Security Act;  provided, however, that such treatment shall be applied in the home relief program only to the extent that it is permitted under federal law in the program of aid to dependent children.

1  Pub.L. 92-336, July 1, 1972, 86 Stat. 406.  For distribution of this Act in the United States Code Annotated, see USCA Tables volume.
2  Pub.L. 94-164, Dec. 23, 1975, 89 Stat. 970.  For distribution of this Act in the United States Code Annotated, see USCA Tables volume.
3  50 USCA App. § 1989b-4.
4  See note under 42 USCA § 1437a.

Cite this article: FindLaw.com - New York Consolidated Laws, Social Services Law - SOS § 131-n. Additional exemption of income and resources pursuant to federal law and regulations - last updated January 01, 2021 | https://codes.findlaw.com/ny/social-services-law/sos-sect-131-n-nr2/


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