New York 2025-2026 Regular Session

New York Assembly Bill A02242

Introduced
1/15/25  
Refer
1/15/25  
Report Pass
5/19/25  
Refer
5/19/25  

Caption

Allows for certain disability benefits to continue in the event an individual who is receiving such benefits gets married; provides that the marriage to another individual which would otherwise make an individual ineligible for certain disability benefits shall not be considered if such individual is already receiving disability benefits at the time of becoming married and continues to meet certain criteria.

Impact

If enacted, this bill will have a significant impact on the individuals receiving disability benefits in New York. Specifically, it aims to protect disabled individuals from losing access to essential benefits upon marriage, which is a common concern among the disabled community. It recognizes that the financial status of their spouse should not affect the entitlement to benefits, enhancing the stability and security of disabled individuals who wish to marry without the fear of compromising their eligibility.

Summary

Bill A02242 seeks to amend the social services law in the State of New York to allow individuals who are disabled and receiving certain disability benefits to maintain those benefits even if they get married. It specifies that if a married couple contains one spouse who is disabled, that spouse will not be considered in the household of the other spouse for purposes of eligibility determination for benefits, as long as the disabled spouse continues to meet the necessary criteria set forth in the law.

Contention

Discussions around Bill A02242 have illuminated contention regarding the balance between encouraging personal relationships and managing state resources. Proponents argue that the bill is necessary to ensure that disabled individuals are not disadvantaged by their marital status, allowing them to marry without fear of losing crucial assistance. However, opponents may express concern about potential abuses of the system, where individuals might marry to retain or gain disability benefits, leading to calls for more stringent oversight to prevent such abuse.

Companion Bills

NY S01758

Same As Allows for certain disability benefits to continue in the event an individual who is receiving such benefits gets married; provides that the marriage to another individual which would otherwise make an individual ineligible for certain disability benefits shall not be considered if such individual is already receiving disability benefits at the time of becoming married and continues to meet certain criteria.

Previously Filed As

NY S01758

Allows for certain disability benefits to continue in the event an individual who is receiving such benefits gets married; provides that the marriage to another individual which would otherwise make an individual ineligible for certain disability benefits shall not be considered if such individual is already receiving disability benefits at the time of becoming married and continues to meet certain criteria.

NY AR83

Urges US Congress to enact legislation allowing individuals with disabilities to retain federal disability benefits upon marriage.

NY ACA17

Individuals with disabilities: direct benefit payments.

NY LB544

Disqualify certain individuals from receiving benefits under the Employment Security Law

NY S08638

Expands the real property tax exemption for persons with disabilities to property owners who are a parent or parents of an individual with a disability and such individual lives at such property.

NY SSB3005

A bill for an act relating to work search requirements for unemployment benefits for certain individuals with disabilities.(See SF 2087.)

NY A3728

Concerns unemployment benefits for certain individuals.

NY SF2087

A bill for an act relating to work search requirements for unemployment benefits for certain individuals with disabilities.(Formerly SSB 3005.)

NY S2800

Provides comprehensive Medicaid benefits to certain individuals formerly in foster care.

NY HB1041

Relating to the insurable interest of certain persons providing care to individuals with disabilities in the life of those individuals.

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HI HB286

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CA AB2161

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CA SB257

PARENT Act.