N.Y. Comp. Codes R. & Regs. tit. 18 § 352.20

Current through Register Vol. 46, No. 45, November 2, 2024

Section 352.20 - Exemption of earned income

(a) All of the earned income of a dependent child in receipt of Family Assistance (FA) or Safety Net Assistance (SNA), who is a full-time student or part-time student is exempt and must be disregarded as income or resources in determining eligibility or degree of need. For the purpose of this subdivision:

(1) full-time student means attending a school, college or university or a course of vocational or technical training designed to fit a person for gainful employment or participation in the Job Corps under the Job Training Partnership Act; and

(2) part-time student means attending a school, college or university or a course of vocational or technical training designed to fit a person for gainful employment or participation in the Jobs Corps under the Job Training Partnership Act equal to at least one half of a full- time curriculum as determined by the educational authority.

(b) All of the earned income of an FA or SNA dependent child who is a full-time or part-time student shall be exempt and disregarded.

(c) For all public assistance households, 50 percent of the recipient's monthly earned income is exempt and must be disregarded as income or resources in determining eligibility and degree of need; provided, however, that the percentage amount must be adjusted in June of each year to reflect changes in the most recently issued poverty guidelines of the United States Bureau of the Census, so that a household of three without special needs and without unearned income, living in a heated apartment in the City of New York, would become ineligible for assistance if gross earnings equal the poverty level. This disregard will be allowed only if such person had not:

(d) An applicant's eligibility for public assistance must be determined without taking into consideration the earned income exemption specified in subdivision (c) of this section, unless, after applying the $150 work expense disregard, the applicant is determined eligible, or the applicant's needs were met in whole or in part by public assistance payments for any one of the four preceding months the earned income disregard must be applied to the remaining earned income.

(e) The earned income exemption specified in subdivision (c) of this section shall be applied against the earnings of a legally responsible caretaker relative whose needs are not included in the public assistance grant in determining the amount of such relative's earnings which are available to such relative's public assistance dependents. When such dependents are applicants for public assistance, the earned income of the nonapplying, legally responsible caretaker relative shall be treated in accordance with conditions set forth in subdivision (d) of this section.

(f) Safety Net Assistance (SNA) plan of self-support. All of the earned income and/or resources of an SNA, or Veteran Assistance (VA) recipient which are necessary to fulfill a plan of self-support, which has been authorized and approved by a social services official, are exempt and must be disregarded when determining eligibility for or degree of need for such assistance for a period not to exceed one year.

(g) For either an applicant or recipient of public assistance, the social services official must disregard the Federal Earned Income Tax Credit received as either a refund or advance payment.

(h) Provided that the recipient's total income is not more than two hundred percent of the federal poverty level for their household size, all of the earned income of an FA or SNA recipient that is derived from participation in the following qualified training or work activities is exempt and must be disregarded as income or resources in determining eligibility or degree of need: subsidized employment, work experience, job search, vocational education, secondary school, job skills training, educational training, job readiness training, community service and on-the-job training. Earned income from other activities may be subject to this exemption if the activity is determined to be a qualified work activity or training program by the Office of Temporary and Disability Assistance.

(i) Once during the lifetime of a FA or SNA recipient, all earned income from unsubsidized employment of such recipient will be disregarded in determining eligibility or degree of need following job entry, provided that such exemption shall be for no more than six consecutive months from the initial date of obtaining such unsubsidized employment and that the recipient's resulting total income shall not be more than two hundred percent of the federal poverty level for their household size. No other concurrent earned income disregards shall be applied to the income the recipient earns from the unsubsidized employment subject to this exemption during the six month period it applies.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 352.20

Amended New York State Register May 10, 2023/Volume XLV, Issue 19, eff. 5/10/2023

Amended New York State Register September 4, 2024/Volume XLVI, Issue 36, eff. 9/4/2024