Archive for September, 2014

What Household Employees Should Know About the Affordable Care Act

Tuesday, September 23rd, 2014

By Tom Breedlove, HomePay by Breedlove

Nannies, senior caregivers, housekeepers and other in-home providers are in a unique situation compared to most employees. They don’t work for a large company with a Human Resources department looking out for their best interest. So when it comes to something like purchasing health insurance, it’s not as simple as filling out a form and letting someone else do all the work on the back end. And with the implementation of the Affordable Care Act, many household employees have questions about what is required of them.

While millions of people signed up for health insurance policies via the federal and state online exchanges last October, many others did not and will have a decision to make once again in the next few weeks. Open enrollment for health coverage starting in 2015 is scheduled to begin on November 15th – both for those buying policies for the first time and those whose policies are set to expire at the end of the year.

The most important thing for employees to understand is that the law itself is not changing in 2015 compared to 2014. That means all individuals are still required to have health insurance policy in place or pay a fine. For 2014, the fine is $95 or 1 percent of income for those that remain uninsured, whichever is higher. For 2015, this fine increases to either $325 or 2 percent of income, whichever is greater. For example, someone earning $35,000 per year would face a fine of $700.

However, there is a silver lining to this cloud. There are subsidies that many employees will qualify for based on their income level that will allow them to obtain health insurance at a discounted rate. The Kaiser Family Foundation has a helpful calculator tool that any employee can use to estimate the subsidy they could receive. It takes into account several factors, including income, number of adults enrolling in coverage, number of children, the employee’s resident state, and others.

IMPORTANT NOTE: In order to qualify for a subsidy, the employee must have documented wages – meaning they have to be paid legally. In most trust situations and many senior care employment arrangements, this is already taken care of, but it warrants a reminder that this subsidy is available for those working so hard to care for a family’s loved one. It’s just another benefit of legal pay to go along with others, such as Social Security income, Medicare health coverage, unemployment benefits, disability benefits, and the ability to secure loans/credit.

To learn more about health insurance coverage, please visit Care.com or go to healthcare.gov.


To learn more about helping seniors and their families plan for the future, visit www.elderlawnewyork.com. If you liked this article, please like it on our Facebook page.

Rent Increase Exemption Expanded for New York City Seniors

Monday, September 15th, 2014

Eligibility was expanded for the Senior Citizen Rent Increase Exemption (SCRIE) program, which provides a rent freeze to people age 62 or older who live in rent-regulated apartments and whose rent is more than one-third of their income.

Previously, seniors were eligible for the program if their rent was $29,000 or less. The action taken by City Council changes the eligibility cap to $50,000, and was made possible by a provision in the state legislature’s budget passed March 31. The program served 53,000 seniors, and 24,000 more seniors are newly eligible since the change went into effect on July 1.

Under the SCRIE program, when seniors in rent-regulated apartments receive rent increases from their landlords, the tenants do not have to pay the increase, and the landlords receive an equivalent property tax credit.

In order to be eligible for the program you must meet the following criteria:

  • A tenant must be age 62 or older;
  • Be the head of the household in a rent-regulated unit that is the tenant’s actual residence;
  • Total household income for the previous tax year cannot exceed $50,000,
  • The tenant’s rent must exceed one-third of income.

Tenants may apply for SCRIE through the New York City Department of Finance at http://nyc.gov/finance. Tenants do not need their landlord’s permission to apply and landlords cannot refuse to participate. After the department reviews the application, tenants will receive a letter of approval or denial. An Approval Order will inform the tenant of the amount of the rent increase exemption and when it begins and ends, and the landlord will receive an Owner Approval Order. The benefit must be renewed every two years or whenever a lease expires, and if a tenant moves to another rent-regulated apartment, then a Portability Application must be filed.

Learn more about SCRIE by clicking here. To download the initial SCIE application, click here. To learn more about our services for seniors and their families, visit www.elderlawnewyork.com.


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Update: Should You Consider a Trust for Your Child’s Inheritance

Thursday, September 11th, 2014

In our recent article “Should You Consider a Trust for Your Child’s Inheritance?” we stated that an estate over 1 million dollars is subject to the NY State Estate tax. In fact, the law was recently altered so that persons whose date of death is after April 1, 2014, are only charged estate tax on estates over $2,062,500. This figure will gradually increase as follows, a date of death that is:  on or after April 1, 2015 and before April 1, 2016 $3,125,000.00; on or after April 1, 2016 and before April 1, 2017 $4,187,500.00; on or after April 1, 2017 and on or after January 1, 2019 $5,250,000.00, at which point increases will follow with the Federal Estate Tax Exemption increases. For more information on the new Estate Tax laws and how they might affect you, feel free to contact us.

 

Source: http://www.tax.ny.gov/pdf/memos/estate_&_gift/m14_6m.pdf