Actions

Text

STATE OF NEW YORK
________________________________________________________________________

487

2011-2012 Regular Sessions

IN ASSEMBLY

(PREFILED)

January 5, 2011
___________

Introduced by M. of A. WRIGHT -- read once and referred to the Committee
  on Social Services

AN  ACT to amend the social services law, in relation to eligibility for
  persons  with  acquired  immunodeficiency  syndrome   or   HIV-related
  illnesses;  and  providing  for the repeal of such provisions upon the
  expiration thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 2 of section 131-a of the social services law
is amended by adding a new paragraph (f) to read as follows:
  (F) IN DETERMINING THE ELIGIBILITY FOR AND AMOUNT OF PUBLIC ASSISTANCE
BENEFITS FOR A PERSON OR HOUSEHOLD WHERE ONE OR MORE  PERSONS  HAS  BEEN
MEDICALLY  DIAGNOSED  AS  HAVING  ACQUIRED  IMMUNODEFICIENCY SYNDROME OR
HIV-RELATED ILLNESSES, A SOCIAL SERVICES DISTRICT SHALL USE THE  SPECIAL
SHELTER  ALLOWANCE  AMOUNTS  ESTABLISHED  BY THE OFFICE OF TEMPORARY AND
DISABILITY ASSISTANCE IN REGULATION FOR THAT  PURPOSE  RATHER  THAN  THE
SHELTER  ALLOWANCE  ESTABLISHED  IN PARAGRAPH (B) OF THIS SUBDIVISION. A
SOCIAL SERVICES DISTRICT SHALL ONLY USE THIS SPECIAL  SHELTER  ALLOWANCE
WHEN  IT  DETERMINES THAT THE PERSON OR FAMILY IS HOMELESS OR FACED WITH
HOMELESSNESS AND FOR WHOM NO VIABLE AND LESS COSTLY ALTERNATIVE  HOUSING
IS  AVAILABLE  AND  SUCH  ALLOWANCE IS NECESSARY TO SECURE HOUSING OR TO
MAINTAIN THE FAMILY IN THEIR OWN HOME. IN  CALCULATING  ELIGIBILITY  AND
THE AMOUNT OF BENEFITS, THE SOCIAL SERVICES DISTRICT SHALL CONSIDER ONLY
THE  PERSONS  WITH  ACQUIRED  IMMUNODEFICIENCY  SYNDROME  OR HIV-RELATED
ILLNESS AND THE MEMBERS OF THE PUBLIC ASSISTANCE HOUSEHOLD IN ACCORDANCE
WITH SECTION ONE HUNDRED THIRTY-ONE-C OF THIS TITLE AND THEIR  AVAILABLE
INCOME.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law and shall expire Novem-
ber  1,  2012  when  upon  such date the provisions of this act shall be
deemed repealed.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02815-01-1