N.Y. Comp. Codes R. & Regs. tit. 18 § 352.23

Current through Register Vol. 46, No. 22, May 29, 2024

Section 352.23 - Use of resources-general policy

(a) Resources must be so used as to eliminate or reduce the need for public assistance, rehabilitate the client and conserve public funds through assignment and recovery. Applicants and recipients must generally be required to use available resources and to apply for and otherwise pursue potentially available resources. The use of resources and the application of income therefrom must be in accordance with the requirements specified in subdivision (b) of this section. In establishing local policies and procedures for the use of resources, distinction should be made between temporary and long-term cases.

(b) The amount of real and personal property, including liquid assets, that can be reserved for each public assistance household must not be in excess of $2,500 for applicants, except that for applicant households in which any member is age 60 or over or is disabled, such resources must not exceed $3,750, or $10,000 for recipient households, excluding only:

(1) the home which is the usual residence of the assistance unit;

(2) one automobile, up to $12,000 fair market value, or such other higher dollar value as the local social services district may elect to adopt. If the fair market value of the vehicle exceeds $12,000, or a higher dollar value as adopted by the local social services district, the amount of equity in the vehicle must be determined. The vehicle's equity value must be applied against the applicable resource limits outlined in this subdivision. However, if the automobile is especially equipped with apparatus for individuals with a disability, the apparatus must not increase the value of the vehicle;

(3) an amount up to $4,650 in a separate bank account established by an individual while currently in receipt of public 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. Funds withdrawn for reasons other than for the purchase of a first or replacement vehicle will result in the full amount of funds in the account prior to the withdrawal being countable toward the public assistance household's resource limit beginning on the first day of the month of the withdrawal;

(4) an amount up to $1,400 in a separate bank account established by an individual while currently in receipt of public assistance for the sole purpose of paying tuition at a two-year or four-year accredited post-secondary educational institution, so long as the funds are not used for any other purpose. Funds withdrawn for reasons other than paying tuition at a two-year or four-year accredited post-secondary educational institution will result in the full amount of funds in the account prior to the withdrawal being countable toward the public assistance household's resource limit beginning on the first day of the month of the withdrawal;

(5) basic maintenance items essential to day-to-day living, such as clothes, furniture and household appliances, and other similarly essential items of limited value;

(6) one burial plot per household member;

(7) one bona fide funeral agreement per household member up to an equity value of $1,500 per household member;

(8) for a period of six months, real property which the assistance unit is making a good faith effort to sell, but only if the assistance unit agrees in writing to use the proceeds from the sale to repay public assistance received which would not have been granted if the property had been sold immediately. If the property has not been sold within six months or if eligibility stops for any other reason, any payment of aid for that period must, at the time of the disposal, be considered an overpayment;

(9) tangible personal property necessary for business or for employment purposes, including, but not limited to, the following type of income-producing property when currently in use or reasonably expected to be used in the near future for their livelihood;

(i) business and farm equipment;

(ii) tools used for employment;

(iii) livestock and produce;

(10) funds in an individual development account;

(11) earned income tax credits; and

(12) funds in a New York achieving a better life experience (ABLE) savings account established in accordance with article eighty-four of the mental hygiene law.

(c) Ownership of all other personal property not exempt in subdivision (b) of this section, including but not limited to non-essential household furnishings, jewelry, savings and checking accounts, individual retirement or Keogh accounts, credit union accounts, annuities, stocks, bonds, mortgages, mortgage certificates and other securities, must be explored and analyzed to determine their equity value.

(d) In establishing local policies and procedures for the use of resources in cases of temporary need, social services districts do not have to require the assignment or adjustment of life insurance. However, social services districts may establish local policies and procedures which require the assignment or adjustment of life insurance as a condition of receiving public assistance. Temporary need means need which, at the time of application, is expected to terminate within three months.

(e) When a resource, either exempt or nonexempt, is sold, the payment received is treated as a resource, unless the proceeds are paid in installments, in which case the payments are counted as income in the month received.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 352.23

Amended New York State Register April 27, 2016/Volume XXXVIII, Issue 17, eff. 4/27/2016

Amended New York State Register December 28, 2016/Volume XXXVIII, Issue 52, eff. 12/28/2016

Amended New York State Register March 8, 2023/Volume XLV, Issue 10, eff. 3/8/2023

Amended New York State Register November 15, 2023/Volume XLV, Issue 46, eff. 11/15/2023