N.Y. Soc. Serv. Law § 208

Current through 2024 NY Law Chapter 443

Section 208 - Definitions

When used in this title:

1. "Supplemental security income benefits" shall mean payments made by the secretary of the federal department of health, education and welfare to aged, blind and disabled persons pursuant to title sixteen of the federal social security act.

2. "Additional state payments" shall mean payments made to aged, blind and disabled persons who are receiving, or who would but for their income be eligible to receive, federal supplemental security income benefits, whether made by the office of temporary and disability assistance in accordance with the provisions of this title and with title sixteen of the federal social security act, or by the commissioner of the United States social security administration, pursuant to and in accordance with the provisions of this title, title sixteen of the federal social security act, and provisions of any agreement entered into between the state and such commissioner by which the commissioner agrees to administer such additional state payments on behalf of the state. Such payments are equal to the standard of need, less the greater of the federal benefit rate or countable income. For purposes of this title, the "federal benefit rate" shall mean the maximum payment of supplemental security income payable to a person or couple with no countable income.

3. The "secretary" shall mean the secretary of the federal department of health, education and welfare.

4. A "blind person" shall mean a person who has central visual acuity of 20/200 or less in the better eye with the use of a correcting lens. An eye which is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than twenty degrees shall be considered, for the purposes of the first sentence of this subdivision, as having a central visual acuity of 20/200 or less.

5. A "disabled person" shall mean a person who is unable to engage in any substantial gainful activities by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than twelve months; or who, in the case of a child under the age of eighteen, suffers from any medically determinable physical or mental impairment of comparable severity.

6. "Countable income" shall mean all of a person's income, in cash or in kind, both earned and unearned, which is not excluded by federal law or regulations or by regulations of the department in determining the need of an individual for supplemental security income benefits or additional state payments, including the income of an individual's eligible spouse, and, if the individual is a child, certain income of such individual's parent or parents with whom he resides.

7. "Earned income" shall mean wages and earnings from self-employment in accordance with the regulations of the department.

8. "Unearned income" shall mean all other income, in accordance with the regulations of the department.

9. "Countable resources" shall mean cash or other liquid assets or any real or personal property that an individual or couple owns and could convert to cash to be used for his or their support and maintenance, which is not excluded by federal law or regulations or by regulations of the department in the determination of the need of an individual for supplemental security income benefits or additional state payments.

10. An "eligible individual" shall mean a person who is eligible to receive additional state payments pursuant to section two hundred nine of this title.

11. An "eligible couple" shall mean an eligible individual and his or her aged, blind or disabled spouse, who are living together or who are living apart but have been living apart for less than six months.

12. The term "standard of need" shall refer solely to the maximum level of income a person or couple may have and remain eligible for additional state payments under this title. The term applies solely to the program of additional state payments and has no application to any other program or benefit.

N.Y. Soc. Serv. Law § 208