Financial eligibility and income disregards

10 accordance with 18 NYCRR 351.2(i) and Social Services Law Section 132. Additionally, local districts may routinely screen recipients of PA on a schedule determined by the local district provided the policy is applied consistently and is not more frequently than every six months. If the screening process indicates that there is reason to believe that an applicant or recipient is dependent on alcohol or drugs, the local district will require a formal assessment, which may include drug testing to be performed by a person who bears an alcohol and/or substance abuse counselor credential or provisional substance abuse counselor credential, which is currently in good standing, issued by The New York State Office of Addiction Services and Supports (OASAS). If the formal assessment determines that the applicant or recipient is unable to work by reason of alcoholism or substance use disorder, the individual must be referred to an appropriate treatment program. Such person and other members of that household, if otherwise eligible, will receive non-cash assistance, following timely and adequate notice. A person who fails to participate in the screening and/or assessment process is ineligible for PA. Other members of a household which includes an individual who has failed to participate in the screening and/or assessment process shall, if otherwise eligible, receive non-cash assistance. If an applicant or recipient of PA who is required to participate in an appropriate treatment program fails to participate without good cause or leaves the program prior to completion without good cause, the individual is disqualified from receiving assistance for the time periods listed below: i. In the first instance, until the failure to participate ceases or 45 days, whichever is longer; ii. In the second instance, until failure to participate ceases, or 120 days, whichever is longer; and iii. For the third and subsequence instances, until failure to participate ceases or 180 days, whichever is longer. The family of the disqualified person may be eligible to receive non-cash assistance. Persons disqualified for failing to participate in or complete treatment who return to treatment prior to the end of the disqualification who are receiving care in an Office of Alcoholism and Substance Abuse Services certified Congregate Care Level II facility, or residential program, if otherwise eligible, may receive non-cash assistance. Whether the applicant or recipient has completed the treatment program will be determined solely by using the guidelines and rules of the treatment program. Alcohol and substance use disorder services, including residential substance use disorder treatment for adolescents, will utilize TANF Block Grant funding, where appropriate. If services are provided through a separate State program or exclusively with TANF Block Grant funds, program eligibility may be established for individuals whose incomes do not exceed 200% of the Federal Poverty Level. 9. The FA grant will be continued for up to one month after family circumstances change as a result of one of the following eligibility criteria: i. the FA adult relative is absent, or ii. a child aged 18 leaves school. 10. The amount of assets that a family may own at application and qualify for PA is $2,500 except for households in which any member is age 60 or over or is disabled in which case $3,750 in assets can be owned. PA recipients may own assets totaling up to

11 $10,000, regardless of age or disability status. The following are exempt assets which are not applied in determining eligibility: i. The home which is the usual residence of the assistance unit; ii. 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. Where the fair market value of the first automobile exceeds the specified maximum exemption, those automobiles must be further evaluated to determine the amount of equity in the automobiles. In such instances, the automobile’s equity value must be applied against the resource limit as outlined in Section (b) (10). Effective May eleventh, two thousand and twenty, a vehicle which is not an exempt resource as defined in Social Services Law § 131- n(1)(a) and 18 NYCRR 352.23(b), and in which the owner has minimal or no equity interest, is not an “available” resource which would disqualify the applicant or recipient from the receipt of PA; iii. Basic maintenance items essential to day-to-day living, such as clothes, furniture and household appliances, and other similarly essential items of limited value; iv. One burial plot per household member; v. One bona fide funeral agreement per household member up to an equity value of $1,500 per household member; vi. 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; vii. Tangible personal property necessary for business or for employment purposes, including, but not limited to, the following types of income-producing property when currently in use or reasonably expected to be used in the near future for their livelihood: a. business and farm equipment; b. tools used for employment; and c. livestock and produce; viii. Funds in an individual development account; ix. Earned Income Tax Credits (EITC) are exempt as income or resources; x. 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 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; xi. 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 education institution, so long as

12 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; xii. Funds in a qualified tuition program that satisfies the requirement of section 529 of the Internal Revenue Code of 1986; and xiii. Funds in a New York Achieving a Better Life Experience Savings Account established in accordance with article 84 of the mental hygiene law. 11. The standard of need for determining eligibility and the amount of assistance is outlined in Attachment E. The Earned Income Disregard (EID), if applicable, is applied in calculating eligibility and the amount of assistance for recipients first and then the $150 work disregard is applied, regardless of family size. As of June 2023 the percentage of earnings that will be disregarded is set at 62%, but this amount is adjusted annually to reflect revised Poverty Level Guidelines issued by the United States Bureau of the Census. In order to qualify for the EID in the month of application, a working applicant must have received public assistance in one of the previous four months, or the working applicant must be eligible for public assistance without the earned income disregard. The amount of assistance is the standard of need less any income which is not disregarded. The disregard is available from earned income only until gross earned and unearned income equals the poverty level. In addition, the State does not intend to treat families moving from another State differently from other families under the program. 12. Beginning Federal Fiscal Year (FFY) ’24 and following, TANF recipients who enter unsubsidized employment are eligible to have 100% of their earned income disregarded for calculating eligibility and amount of assistance for a period of up to six consecutive months following job entry, provided that the recipient's resulting total income is not more than 200% of the Federal Poverty Level. This disregard is limited once per lifetime of each recipient. 13. Beginning FFY ’24 and following, all of the earned income a TANF recipient derives from participation in a qualified work activity or training program as determined by the OTDA, is exempt and must be disregarded as income for calculating eligibility and amount of assistance, provided the recipient's resulting total income is not more than 200% of the Federal Poverty Level. 14. The relationship of the caretaker to the child shall be documented. At a minimum, documentation must include the applicant’s declaration of the relationship on the application plus a third-party statement attesting to the relationship. The caretaker must cooperate with any attempt by the State to secure additional documentation of relationship. 15. Intentional program violations will result in sanctions based on the number of previous offenses and the dollar value of the offense as follows:

6 Months Disqualification • first offense, and • offense is less than $1,000