LegalFix

208 - Definitions.

NY Soc Serv L § 208 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

§ 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.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.