Clause (b) of subparagraph (v) of paragraph (2) of subdivision (h) of § 352.29 of Title 18 NYCRR is amended to read as follows:

(b) to open a separate bank account or bank accounts that are exempt from the public assistance resource limit under section 352.23(b) of this Part for the purpose of purchasing an automobile to seek or retain employment or for the purpose of paying tuition at a [two year] two-year or four-year accredited post-secondary educational institution; or

1. Statutory Authority:

Social Services Law (SSL) § 17(a)-(b) and (j) provides, in part, that the Commissioner of the Office of Temporary and Disability Assistance (OTDA) shall “determine the policies and principles upon which public assistance, services and care shall be provided within the [S]tate both by the [S]tate itself and by the local governmental units ….”, shall “make known his policies and principles to local social services officials and to public and private institutions and welfare agencies subject to his regulatory and advisory powers …”, and shall “exercise such other powers and perform such other duties as may be imposed by law.” SSL § 20(3)(d) authorizes OTDA to promulgate regulations to carry out its powers and duties. SSL § 34(3)(f) requires the Commissioner of OTDA to establish regulations for the administration of public assistance and care within the State. SSL § 131(1) requires social services districts (SSDs), insofar as funds are available, to provide adequately for those unable to maintain themselves, in accordance with the provisions of the SSL. SSL § 131-n(1) provides a resources exemption of up to $1,400 for funds in a separate bank account established by a recipient of public assistance (PA) for the sole purpose of paying tuition at two-year or four-year accredited post-secondary educational institutions, so long as the funds are not used for any other purpose.

2. Legislative Objectives:

It was the intent of the Legislature in enacting the above statutes that OTDA establish rules, regulations, and policies so that adequate provision is made for those persons unable to provide for themselves, so that, whenever possible, such persons can be restored to conditions of self-support and self-care.

3. Needs and Benefits:

The proposed regulatory amendment of 18 NYCRR § 352.29(h)(2)(v)(b) would implement the provision of SSL § 131-n(1) in the State regulations, and allow PA recipients to exempt up to $1,400 in a separate bank account for the sole purpose of paying tuition at two-year or four-year accredited post-secondary educational institutions. Under the previous exemption, recipients of PA were allowed to exempt up to $1,400 in a separate bank account for the sole purpose of paying tuition at a two-year accredited post-secondary educational institution. By allowing PA recipients to utilize the exempt resources amount for either a two-year or a four-year accredited educational institution, the proposed regulatory amendment would offer PA recipients enhanced educational options to advance their workforce readiness and financial earning capabilities through the pursuit of higher education. The proposed regulatory amendment is required to render State regulations consistent with statutory requirements and to reflect current practices.

4. Costs:

There would be no new costs associated with the proposed regulatory amendment, insofar as the proposed regulatory amendment would reflect current statutory requirements which have already been implemented by the OTDA and the SSDs.

5. Local Government Mandates:

The proposed regulatory amendment would reflect current practices, and would not require any new resources, procedures, or expertise to implement.

6. Paperwork:

There would be no additional reporting requirements or additional paperwork required to support the proposed regulatory amendment.

7. Duplication:

The proposed regulatory amendment would not duplicate, overlap or conflict with any existing State or federal regulations.

8. Alternatives:

An alternative is to leave the current 18 NYCRR § 352.29(h)(2)(v)(b) intact. However, under this alternative, the existing State regulation would remain inconsistent with SSL § 131-n(1). Adoption of the proposed regulatory amendment is necessary in order to render the existing State regulations consistent with statutory requirements and current practices.

9. Federal Standards:

The proposed regulatory amendment would not conflict with federal standards for use of resources.

10. Compliance Schedule:

There is no need to establish a compliance schedule relative to the proposed regulatory amendment because the proposed regulatory amendment would reflect current statutory requirements set forth in SSL § 131-n(1), which have already been implemented by OTDA and the SSDs.

A Regulatory Flexibility Analysis for Small Businesses and Local Governments is not required because the proposed regulatory amendment would neither have an adverse impact upon, nor impose reporting, recordkeeping, or other compliance requirements upon small businesses or local governments. The proposed regulatory amendment would allow public assistance (PA) recipients to exempt up to $1,400 in a separate bank account for the sole purpose of paying tuition at two-year or four-year accredited post-secondary educational institutions. The proposed regulatory amendment is clarifying in nature, and would update State regulations governing treatment of income in excess of standard of need in PA households, consistent with Social Services Law § 131-n(1), and has already been implemented by the Office of Temporary and Disability Assistance and the social services districts. As it was evident that the proposed regulatory amendment would not have an adverse impact upon small businesses or local governments or impose reporting, recordkeeping, or other compliance requirements upon them, no further measures were needed to ascertain those facts, and, consequently, none were taken.

A Rural Area Flexibility Analysis is not required because the proposed regulatory amendment would neither have an adverse impact upon, nor impose reporting, recordkeeping, or other compliance requirements upon public or private entities in rural areas. The proposed regulatory amendment would allow public assistance (PA) recipients to exempt up to $1,400 in a separate bank account for the sole purpose of paying tuition at two-year or four-year accredited post-secondary educational institutions. The proposed regulatory amendment is clarifying in nature, and would update State regulations governing treatment of income in excess of standard of need in PA households, consistent with Social Services Law § 131-n(1), and has already been implemented by the Office of Temporary and Disability Assistance and the social services districts. As it was evident that the proposed regulatory amendment would not have an adverse impact upon or impose reporting, recordkeeping, or other compliance requirements upon public or private entities in rural areas, no further measures were needed to ascertain those facts, and, consequently, none were taken.

A Job Impact Statement is not required for the proposed regulatory amendment. It is apparent from the nature and the purpose of the proposed regulatory amendment that it would not have a substantial adverse impact on jobs and employment opportunities in the private sector, in the social services districts (SSDs), or in the State. The proposed regulatory amendment would not substantively affect the jobs of the employees of the SSDs or the State. The proposed regulatory amendment would allow public assistance (PA) recipients to exempt up to $1,400 in a separate bank account for the sole purpose of paying tuition at two-year or four-year accredited post-secondary educational institutions. The proposed regulatory amendment is clarifying in nature, and would update State regulations governing treatment of income in excess of standard of need in PA households, consistent with SSL § 131-n(1), and has already been implemented by the Office of Temporary and Disability Assistance and the SSDs. Thus, the proposed regulatory amendment would not adversely impact upon jobs and employment opportunities in New York State.