NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual Section 385.3 - Page 1 Rev. 4/2025 Section 385.3 - Work Registration, Registration Exemptions, and Certain Eligibility Requirements for SNAP Applicants and Recipients Table of Contents Section 385.3 - Work Registration, Registration Exemptions, and Certain Eligibility Requirements for SNAP Applicants and Recipients ..................................................................... 1 Part A - The Regulations ........................................................................................................... 2 Exemptions from SNAP work registration. ............................................................................. 2 Strikers who are eligible for SNAP under the criteria set forth in section 387.16 of this Title are subject to the employment requirements of this Part unless they are exempt under subdivision (a) of this section at the time of application. ........................................................ 3 Work registrant requirements. ............................................................................................... 3 SNAP eligibility requirements for able-bodied adults without dependents (ABAWDS). ......... 4 Part B – Department Policy ....................................................................................................... 7 Supplemental Nutrition Assistance Program (SNAP) Employment and Training .................. 7 Participant Reimbursements (Supportive Services) ............................................................ 16 Able-Bodied Adults Without Dependents (ABAWDs) .......................................................... 17 Part C - Questions and Answers ............................................................................................. 33 ABAWDs .............................................................................................................................. 33 SNAP Employment and Training (E&T) ............................................................................... 34

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual Section 385.3 - Page 2 Rev. 4/2025 Part A - The Regulations a) Exemptions from SNAP work registration. 1) Each individual, including migrant/seasonal laborers, is required to register for employment at the time of application for SNAP benefits unless the individual is: i) younger than 16 years of age, or is 60 years of age or older; ii) physically or mentally unfit for employment; iii) subject to and complying with any work requirement under title IV of the Social Security Act (SSA); provided, however, that an individual participating in a work experience program in accordance with the provisions of title IV-A of the SSA and of this Part may also be required to participate in work experience for the number of hours represented by the dollar value of the individual's SNAP benefit divided by the Federal or State minimum wage, whichever is higher. iv) a parent or household member who is responsible for the physical care of a dependent child under the age of six or of an incapacitated person; provided, however, that an individual participating in a work experience program in accordance with the provisions of title IV-A of the SSA and of this Part may also be required to participate in work experience for the number of hours represented by the dollar value of the individual's SNAP benefit divided by the Federal or State minimum wage, whichever is higher. v) a recipient of unemployment compensation. An applicant for unemployment compensation is exempt if he/she was required to register for work as part of the unemployment compensation application process; vi) a regular participant in a drug or alcohol treatment and rehabilitation program; for the purposes of this subparagraph, a regular participant shall be defined as an individual who is determined unable to work and participating in treatment in accordance with the requirements of section 351.2(i) of this Title or otherwise engaged in drug or alcohol treatment to an extent that assignment to work activities is impractical; vii) employed or self-employed and working a minimum of 30 hours weekly or receiving weekly earnings at least equal to the Federal minimum wage multiplied by 30 hours. This provision includes migrant and seasonal farm workers who are under contract or similar agreement with an employer or crew chief to begin employment within 30 days; viii) a student enrolled at least half-time in any recognized school, training program or institution of higher education. A student enrolled at least half-time in an institution of higher education must have met the student eligibility criteria in section 387.1 of this Title. A student remains exempt during normal periods of attendance, vacation, and recess, unless there is a break in the student's

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual Section 385.3 - Page 3 Rev. 4/2025 enrollment status due to graduation, suspension, expulsion, or intent not to return to school; ix) an applicant for SSI and SNAP under the joint processing provisions until such time as the individual is: a) determined to be eligible for SSI and, thereby, exempt from work registration; or b) determined to be ineligible for SSI and a subsequent redetermination of his/her work registration status is made; or x) a person age 16 or 17 who is attending school or an employment training program on at least a half-time basis. 2) i) An individual who loses exempt status due to any change in circumstance subject to the reporting requirements of section 387.17(e) of this Title must be registered for work when the change is reported. ii) An individual who loses exempt status due to a change in circumstances not subject to the reporting requirements of section 387.17(e) of this Title must register for work at his/her household's next recertification. 3) Work registrants must be provided with a written statement of their rights and responsibilities and of the consequences of failure to comply. This statement must be provided at each registration and at recertification. 4) Each individual or household has a right to a fair hearing to appeal a denial, reduction or termination of benefits due to the social services official's determination of nonexempt status, or determination of failure to comply with work registration or with work requirements specified in this Part. b) Strikers who are eligible for SNAP under the criteria set forth in section 387.16 of this Title are subject to the employment requirements of this Part unless they are exempt under subdivision (a) of this section at the time of application. c) Work registrant requirements. Work registrants are required to: 1) participate in SNAP employment programs assigned in accordance with the provisions of this Part if so required by the local social services district. Such programs must be established pursuant to a State SNAP employment and training plan; and

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual Section 385.3 - Page 4 Rev. 4/2025 2) respond to a request from the social services official or his/her designee for supplemental information regarding employment status or availability for work. d) SNAP eligibility requirements for able-bodied adults without dependents (ABAWDS). 1) No individual may participate in the SNAP program if, for at least three months within the most recent 36-month period, he/she participated in such program and did not: i) work for at least 80 hours per month provided, however, that work means: a) work in exchange for money; b) work in exchange for goods and services ("in-kind" work) or unpaid work (volunteer). For purposes of this subdivision there is no hourly wage requirement, but, the work performed may not violate any State or Federal law or regulation; or ii) participate in, for at least 80 hours per month, and comply with the requirements of a work program assigned to such individual by the social services official in accordance with the requirement of this Part, or programs operated under title I of the Workforce Investment Act of 1998 or section 236 of the Federal Trade Act of 1974. Such programs may contain job search or job search training as a subsidiary component if hourly participation in job search or job search training comprises less than one-half of the total hours of participation in any month; or iii) work and participate in work programs described in subparagraph (i) or (ii) of this paragraph for a combined total of at least 80 hours per month; or iv) participate in and comply with the requirements of a program established by the commissioner in accordance with the provisions of section 20 of the Food Stamp Act of 1977 or a comparable program established by the commissioner in accordance with the requirements of this Part. 2) Countable months. For purposes of determining the months during which an individual received SNAP benefits without meeting the requirements of paragraph (1) of this subdivision, the following calendar months shall not be considered: i) a calendar month during which the individual did not receive SNAP benefits for the full month; ii) a calendar month during which the individual is exempt from the ABAWD requirement in accordance with paragraph (5) of this subdivision for all or any part of the calendar month; and iii) a calendar month during which the individual received SNAP benefits from or resided in an area of the State covered by a waiver of the ABAWD requirement in accordance with section 6(o) of the Food Stamp Act. 3) Good cause. If an individual would have worked 80 hours per month but failed to complete some or all of the hours of work, the individual shall be considered to have

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual Section 385.3 - Page 5 Rev. 4/2025 met the work requirement if the absence from work is with good cause, is temporary, and the individual retains his or her job. The social services official must consider the facts and circumstances of the absence from work in determining good cause. Good cause includes circumstances beyond the individual's control, such as, but not limited to, illness of the individual, illness of a household member that required the presence of the individual, or a household emergency. 4) Verification of work hours. i) An individual subject to the SNAP time limit established by paragraph (1) of this subdivision is required to verify work hours at certification and recertification if he or she is meeting the work requirement by working, combining work and work program participation, or by participating in a program that is not operated by the social services district. ii) An individual subject to the SNAP time limit established by paragraph (1) of this subdivision must report changes in work/work program hours that result in the individual working less than 80 hours per month. 5) The provisions of paragraph (1) of this subdivision do not apply to an individual who: i) is exempt from work registration in accordance with subdivision (a) of this section. However, an individual is exempt due to being physically or mentally unfit for employment if the individual: a) provides verification of receipt of temporary or permanent disability benefits issued by governmental or private sources; or b) is determined by the social services official to be reasonably evident that the individual is mentally or physically unfit for employment. Where unfitness is not evident, the social services official may require documentation from medical personnel that the social services district determines appropriate. The social services official shall have sole discretion in determining whether any documentation provided by the individual or by medical personnel is sufficient evidence of the claimed impairment; or ii) is not exempt from work registration but who is: a) under 18 years of age; b) over 52 years of age (effective through September 30, 2024); c) over 54 years of age (effective October 1, 2024); d) pregnant; e) a parent (birth, adoptive or step) or other adult residing in a household where a household member is under age 18. f) a homeless individual; g) a veteran; h) an individual age 24 or younger who was in foster care on their 18th birthday; or

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual Section 385.3 - Page 6 Rev. 4/2025 i) unable to work at least 80 hours per month due to a physical or mental health limitation (medical statement or other documentation required). 6) i) An individual who is ineligible for SNAP because of the provisions of this section may establish eligibility, if otherwise eligible in accordance with the provisions of this Part, by working or participating in programs described in paragraph (1) of this subdivision within any consecutive 30-day period; provided, however, that work or participation in work programs must be performed for at least 80 hours in the 30-day period. ii) For purposes of establishing eligibility in accordance with this paragraph, districts may allow applicant ABAWDs to reestablish eligibility by participating in a 30-day period of job search followed by a work experience placement if no job is obtained. iii) For purposes of establishing eligibility in accordance with this paragraph, an individual may be determined eligible for benefits if he or she can verify to the satisfaction of the social services district that he or she will meet the requirements of subparagraph (i) or (ii) within the 30 days subsequent to application. iv) Individuals regaining eligibility by working, participating in a work program, or combining hours worked and hours participating in a work program shall have benefits issued back to the date of application. v) If an individual who has reestablished eligibility under this paragraph either loses a job or ceases to participate in a work program he/she will be eligible for SNAP for up to one additional three consecutive month period in the 36-month period set forth in paragraph (1) of this subdivision, without working or participating in a work program starting on the date the individual first notifies the social services district that he/she is no longer fulfilling the work requirement; or, if meeting the work requirement by participating in a work or work experience program administered by the social services district, the date the district notifies the individual he/she is no longer meeting the work requirement. 7) Benefits received in error. Benefits received by an individual in error shall count as a month of benefits received for purposes of determining compliance with this subdivision unless they are repaid in full in accordance with section 387.19 of this Title.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual Section 385.3 - Page 7 Rev. 4/2025 Part B – Department Policy Supplemental Nutrition Assistance Program (SNAP) Employment and Training Work Registration As a condition of eligibility for SNAP, certain household members must meet general work requirements. However, many household members are exempt from these work requirements for reasons such as age; fitness for work; childcare responsibilities; because they are already employed; or, because they are in school. The district is responsible for determining work registration status (exempt or non-exempt) for each individual who applies for SNAP. Given that a household member is at risk of losing SNAP benefits if they do not comply with SNAP work requirements it is extremely important that districts accurately determine whether a household member is exempt from the general SNAP work requirements. Eligibility workers must determine whether an individual meets one of the Federal exemptions from the work requirements at application, recertification, and if appropriate, when changes in the household's circumstances are reported. It is critical that eligibility workers understand these exemptions and that processes are in place to ensure that individuals are properly screened. The eligibility worker must explore whether the individual meets an exemption rather than place the burden solely on the individual to self-report. The interview is the most important tool for identifying whether an individual meets an exemption. When the interview is conducted over the phone rather than in person, identifying exemptions can be more challenging, so it is critical that eligibility workers have resources and follow appropriate processes to ensure applicants and recipients are properly screened. OTDA has developed the LDSS-5062A SNAP Employability Code/ABAWD Status Screening and Code Assignment Desk Guide as a tool to assist districts in determining the appropriate SNAP employability and Able-Bodied Adult Without Dependents (ABAWD) status codes for each SNAP applicant and recipient. The district should review work registration status if appropriate when changes in the household's circumstances are reported and at recertification. For SNAP purposes, an individual who claims to be exempt from work registration but does not cooperate with the work registration process (e.g., fails to submit requested documentation) becomes a work registrant (non-exempt). Districts should carefully review work registration exemptions included in 18 NYCRR 385.3 (a)(1) and be aware that not all non-exempt Temporary Assistance (TA) recipients are required to work register for SNAP. For example, an individual responsible for the care of a dependent child under six or an individual required to register for work as part of the unemployment insurance compensation process is exempt from SNAP work registration, but not necessarily exempt from TA work requirements.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual Section 385.3 - Page 8 Rev. 4/2025 As described in GIS-19 TA/DC014, districts must consider all SNAP recipients who are regularly participating in a drug or alcohol treatment program as exempt from SNAP work requirements. Federal regulations at 7 CFR 273.7(b)(vi) state a regular participant in a drug addiction or alcohol treatment and rehabilitation program is exempt from the general SNAP work provisions. The federal regulations do not require an additional assessment as to whether or not the individual who is a regular participant in drug or alcohol treatment is fit for work. There is no minimum weekly amount of time that a person must be attending treatment. Individuals who attend Alcoholics Anonymous (AA) or Narcotics Anonymous (NA), but do not attend a drug or alcohol treatment program, do not fall under this exemption. As described in GIS 16 A/DC026, districts must also consider all SNAP recipients who have documented that they are enrolled in high school, as exempt from SNAP work requirements, regardless of their age. All household members who do not fit the exemption criteria listed in 18 NYCRR 385.3 (a) (1) are considered non-exempt from the SNAP work requirements and must be work registered by the district (thereby becoming work registrants) at the time of application. Unless exempt from SNAP work requirements, an applicant or recipient of SNAP benefits is required to: • provide information regarding the individual’s employment status and availability for work; • participate in work activities as assigned by the district; • accept a job or a referral to a potential job opening; and • not voluntarily quit a job or reduce their hours of paid work without good cause (See section 385.13 of the TA and SNAP Employment Policy Manual for more information.) The SNAP work requirements listed above are commonly referred to as general SNAP work rules. A work registrant may be required to participate in an assessment for purposes of determining an appropriate work activity/employment assignment and necessary supportive services. Informing SNAP Applicants and Recipients About Their Work Requirements Districts must provide a written notice and oral explanation to all households where at least one member is subject to a work requirement describing the pertinent work requirements. For the purposes of this notification requirement SNAP work rules are divided into the following three categories: 1. General SNAP Work Rules — Individuals must accept job offers unless they have a good cause reason not to do so; clients with a job that pays more than the equivalent of 30 hours times the federal minimum wage (currently $217.50 per week) should not reduce their work hours below that threshold or voluntarily quit their job without a good cause reason (More information about the voluntary quit and voluntary reduction of work effort provisions for SNAP is found in Section 385.13 of this manual.); clients should

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual Section 385.3 - Page 9 Rev. 4/2025 disclose details about their employment status when asked; individuals should participate in SNAP E&T activities as required when assigned by the district. 2. Mandatory SNAP E&T — Clients, who are not otherwise exempt from SNAP work requirements as outlined in 18 NYCRR § 385.3, may be required to participate in supervised job search, job readiness activities, work experience, job skills training, vocational training, educational training, apprenticeships, subsidized employment, or other work activities for no more than 30 hours per week or 120 hours per month (More information about mandatory SNAP E&T requirements is found in the SNAP Employment and Training section below.) 3. ABAWD Rules — ABAWDs must participate in work (including in-kind or volunteer) or in a qualifying employment/education/training program/activity for at least 80 hours per month or comply with a Work Experience Program (WEP) assignment for the number of hours per month equal to the household’s SNAP benefit divided by the higher of the federal or State minimum wage (More information about the ABAWD work requirements is found in the Able-Bodied Adults Without Dependents (ABAWDs) section below.) The written notice and oral explanation of applicable SNAP work requirements must be provided to households where at least one member is subject to a work requirement at application, recertification, and at any time an exempt household member or new household member becomes subject to work requirements. Districts must use one of the two notice options described below or a local equivalent approved by OTDA to comply with the requirement for written notification depending on the specific circumstances of the SNAP household: • LDSS-5193 Important Information about SNAP Work Rules (General, Mandatory E&T, and ABAWD) – This notice includes information regarding the general SNAP work requirements, mandatory SNAP E&T, and the ABAWD work requirements. It should be provided to all SNAP households where at least one household member is subject to the ABAWD work requirements. • LDSS-5193A Important Information about SNAP Work Rules (General and Mandatory E&T) - This notice includes information regarding the general SNAP work requirements and mandatory SNAP E&T but does not explain the ABAWD work requirements. It should be provided to households where at least one household member is subject to the general SNAP work requirement or mandatory SNAP E&T but where no household member is subject to the ABAWD work requirements including households where all household members have been determined to be non-ABAWDs and households that reside in an area with an ABAWD waiver approved by the United States Department of Agriculture (USDA). In addition to issuing the LDSS-5193 or the LDSS-5193A as described above, the district must also provide a comprehensive oral explanation to households of each applicable work requirement pertaining to household members. The LDSS-5193 and the LDSS-5193A are designed to aid in the comprehensive oral explanation and include the following components which must be discussed with the household depending on its specific circumstances: • An explanation of all applicable work requirements including:

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual Section 385.3 - Page 10 Rev. 4/2025 ➢ For households that receive the LDSS-5193, the General SNAP Work Rules, Mandatory SNAP E&T, and ABAWD Rules; ➢ For households that receive the LDSS-5193A, the General SNAP Work Rules and Mandatory SNAP E&T. • Which household members are subject to each different category of work requirements; • Exemptions, and how to request an exemption from the work requirement; • Rights and responsibilities related to each applicable work requirement and what is required to maintain eligibility; • Pertinent dates by which an individual must take any actions to remain in compliance; • Consequences for failure to comply; • An explanation of good cause including examples of good cause reasons and how to request good cause; • The district’s responsibility to pay or reimburse participants, including volunteers for the necessary and reasonable costs associated with participation in a SNAP E & T activity (i.e., transportation, childcare, personal safety items, other); and, • USDA contact information and instructions for filing a program discrimination complaint. Before providing the appropriate notice to SNAP households, districts are instructed to complete the first page of the notice including: Date, Case Number, and District Contact Number. In the applicable work requirements sections, districts should list all members of the household who are subject to each of the different types of requirements. In districts that do not mandate SNAP E&T for their NTA/SNAP population, a non-exempt adult in an NTA/SNAP household would be listed in the General SNAP Work Rules section but would not be listed in the Mandatory SNAP E&T section. During periods of a statewide ABAWD waiver districts should use the LDSS- 5193A which does not explain the ABAWD requirements as during that time ABAWDs residing in all areas of New York State are not subject to the ABAWD requirements. Additionally, the LDSS-5193 Important Information about SNAP Work Rules (General, Mandatory E&T, and ABAWD), which includes all relevant information about the ABAWD work rules, replaced the LDSS-5072 Informational Letter Regarding Able-Bodied Adults Without Dependents (ABAWD) Requirements. Districts must no longer use the LDSS-5072 which became obsolete with the implementation of the LDSS-5193. Districts must retain copies of all LDSS-5193 and LDSS-5193A notices provided to the household in the case record. Districts must also document the case record through case notes/comments, in a timely manner, when the comprehensive oral explanations pertaining to SNAP work requirements occur at certification, recertification, and at any time an exempt household member or new household member becomes subject to work requirements. These notices and related instructions are contained in Appendix C of this manual.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual Section 385.3 - Page 11 Rev. 4/2025 SNAP Employment and Training SNAP Employment and Training (SNAP E&T) is a program implemented by New York State that assists household members in receipt of SNAP benefits in gaining skills, training, or work experience that will increase the individual’s ability to obtain employment that leads to economic self-sufficiency. All social service districts in New York State must operate a SNAP E&T program that consists of case management and at least one E&T work activity component. Mandatory vs. Voluntary SNAP Employment and Training New York State operates a mandatory SNAP E&T Program. All non-exempt SNAP recipients in a TA/SNAP case, (including case type 32, SNAP-Mix household), are considered mandatory for assignment to SNAP work activities. Individuals who are TA/SNAP recipients and are a mandatory SNAP E&T participant, (are not exempt from the SNAP work requirements) are subject to conciliation and possible sanction for failure to comply with the work activity. (See section 385.11 for guidance on the SNAP conciliation process.) For non-exempt SNAP recipients in NTA/SNAP (case type 31) households, each district determines the extent to which non-exempt NTA/SNAP recipients are required to participate in SNAP E&T activities. Districts describe the SNAP E&T assignments they mandate for their non- exempt NTA/SNAP recipients in Section 5.2 of the biennial TA and SNAP Employment Plan. Districts that choose to mandate SNAP E&T for non-exempt NTA/SNAP recipients must do so consistently across the caseload and in accordance with the procedure described in Section 5.2 of the district’s biennial employment plan. Non-exempt NTA/SNAP recipients in districts that do not mandate SNAP E&T participation, and exempt SNAP recipients, who are engaged in a SNAP E&T work activity are treated as volunteers and are not subject to a SNAP sanction for failure to comply with a SNAP E&T work activity assignment. Non-exempt NTA/SNAP recipients in districts that mandate SNAP E&T for NTA/SNAP recipients, who fail to comply with the mandatory SNAP E&T assignment, are subject to SNAP conciliation and possible SNAP sanction for failure to comply with the work activity. (See section 385.11 for guidance on the SNAP conciliation process.) Districts are responsible for operating a SNAP E&T program that can accommodate all mandatory SNAP E&T participants. In situations where there is not an appropriate and available opening for a mandatory E&T participant in the E&T program, the district must determine that the participant has good cause for failure to comply with the mandatory E&T requirement. If the case manager at a contracted E&T provider determines there is not an appropriate and available opening, the case manager must inform the appropriate district staff, who can then determine if the participant has good cause. Good cause for a lack of an appropriate or available opening in an E&T program ends when the district identifies an appropriate and available opening and informs the participant.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual Section 385.3 - Page 12 Rev. 4/2025 Requirement to Provide Information Regarding the Available E&T Services All districts must advise non-exempt SNAP individuals who are members of households containing at least one adult, with no elderly or disabled individuals, and with no earned income at their last certification or required report, of the availability of employment and training services within the district and/or region at the time of recertification. Employment and training services are not limited to SNAP employment and training. Such services include, but are not limited to, workforce services offered by the local Career Center, community-based organizations, and local education providers. The method of advising individuals of the available E&T services in the local area is left to the discretion of districts. However, as a minimum standard for meeting this requirement districts must provide the household a list of available employment and training services electronically (e.g. on a website or in an email) or in printed form. These examples may include flyers explaining local Career Center offerings, brochures on available local adult education and training resources, and contact information for local community organizations that provide employment and training services. Districts should ensure that all employment and training services information shared with individuals is updated regularly. Districts are also encouraged to frequently check the website of their local Workforce Development Boards to review any other employment and training services that may be available locally. SNAP Employment and Training Work Activities Districts may operate any work activity authorized under 18 NYCRR 385.9 that is included in a district’s biennial Temporary Assistance and SNAP Employment Plan as part of the district’s SNAP Employment and Training (SNAP E&T) program. A work registrant may be required to participate in SNAP E&T program activities for up to 30 hours weekly. The total hours of participation in an Employment & Training component for any household member individually in any month, together with any hours of participation in a work experience program, and any hours worked for compensation, must not exceed 120. A work registrant may not be required to participate in SNAP E&T work experience for more hours than the value derived from dividing the SNAP allotment by the higher of the federal or state minimum wage up to the 30-hour SNAP E&T maximum. However, individuals who are concurrently receiving TA and SNAP may be assigned to work activities up to 40 hours per week. It is important to note that SNAP recipients who participate in assigned work activities for at least 30 hours per week cannot be sanctioned for SNAP purposes but may be subject to a TA sanction in those instances where the district determines that the individual willfully and without good cause refused or failed to comply with the assigned work requirement (see Section 385.11 and 385.12 of this manual for more information). Exceptions to Certain Exemptions (Simplified SNAP Plan) Under a simplified SNAP plan provision, designed by the United States Department of Agriculture (USDA) to help states meet TANF participation rate requirements, New York State is authorized to include the SNAP benefit in the calculation of the maximum number of hours that a TANF recipient may participate in work experience. This authority affects TANF recipients assigned to work experience who are ordinarily exempt from SNAP work registration requirements because they are subject to and complying with TANF work requirements or because they are a caretaker of a child under the age of six years. Therefore, a SNAP caretaker

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual Section 385.3 - Page 13 Rev. 4/2025 of a child under the age of 6 who is also receiving TANF funded assistance and fails to comply with a work experience assignment willfully and without good cause may be subject to a SNAP sanction. This policy only applies to individuals actually assigned to TANF work experience. Case Management Districts must provide case management services to all non-exempt TA/SNAP recipients and NTA/SNAP recipients who are assigned by the district (in accordance with Section 5.2 of the district’s biennial employment plan) to engage in a SNAP E&T work activity. Case management services include, but are not limited to, the completion of an employment assessment, the development of an employment plan, monitoring the individual’s progress in the assigned SNAP E&T activity component, and coordination with service providers. Case management may be provided by district employment unit staff or contracted employment vendors. The case management services provided by the district must be documented in the case record through the completion of an employment assessment, the development of an employment plan, and maintaining detailed case notes to document the frequency of contact with the individual to monitor the individual’s progress in the assigned SNAP E&T work activity. Time spent participating in case management counts towards the time a participant spends in E&T. In addition, E&T is a way for ABAWDs to fulfill the ABAWD work requirement. As such, hours an E&T participant spends with a case manager must count towards the participant’s mandatory E&T and ABAWD work requirement. Districts have flexibility to provide case management services in the mode that best meets the needs of the participant and is in line with the capacity of the district or provider. This flexibility includes offering case management services remotely and delivering services through virtual tools like web applications, as well as in-person services. Supervised Job Search Districts that offer job search as a SNAP E&T work activity component for TA/SNAP and NTA/SNAP applicant and recipient work registrants must offer a supervised job search in accordance with federal regulations at 7 CFR 273.7(e)(2)(i). Supervised job search programs are those that occur at district approved locations at which the activities of the participants are directly supervised, and the timing and activities of participants are tracked by the district or contracted provider. Approved locations may include the local Career Center, public library, third-party provider, an individual’s home, or any other location deemed suitable by the district where the participant has access to the tools and materials they need to perform supervised job search. Tools used in the supervised job search program may include virtual tools, such as websites, portals, or web applications to access supervised job search services. Districts are encouraged to offer a variety of locations and formats to best meet participant needs, and to the extent practicable, allow participants to choose their preferred location. Supervision must be provided by skilled staff, either remotely or in person, who provide meaningful guidance and support with at least monthly documented check-ins and must be provided in such a way to best support the participant. Supervised job search participants must have access to a case

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual Section 385.3 - Page 14 Rev. 4/2025 manager or other district/employment services provider worker for the participant to report on progress or seek additional guidance as needed before the next regularly scheduled contact. Supervised job search activities must have a direct link to increasing the employment opportunities of individuals engaged in the activity. Districts may require an individual to participate in a supervised job search for a specific period of time that, in its estimation, will provide participants a reasonable opportunity to find suitable employment. However, the district should not establish a continuous, year-round supervised job search requirement. If a reasonable period of supervised job search does not result in employment, placing the individual in a training or education component to improve job skills will be more productive. The number of contacts required of job search participants and the frequency of how often individuals are required to report job search outcomes and activities is determined by the district. Districts describe their local procedures for how the job search activity will be supervised and tracked, including the frequency of monitoring the participant’s job search efforts, in Section 5 of the district’s biennial TA and SNAP Employment Plan. Please note: Job search that does not meet the definition of supervised job search as described in this section is allowed as a subsidiary activity of another E&T component, so long as the job search activity comprises less than half of the total time spent in the component. Subsidized Employment Subsidized employment is an allowable SNAP E&T program activity, and SNAP E&T funds may be expended on allowable costs associated with wages through a subsidized employment program, in accordance with applicable SNAP laws and regulations, as well as the federal cost principles in title 2 of the CFR. Districts and/or contracted providers who intend to use SNAP E&T funds to implement a subsidized employment program must have agreements in place with employers to provide actual training to SNAP participants, and a plan to move participants into unsubsidized employment as a result of the subsidized employment experience, with either the same employer or with another employer. Subsidized employment programs with the exception of registered apprenticeships should last six months or less to allow an individual to move promptly into regular employment and should be limited to once every twelve months per SNAP participant unless the participant had dropped out of the activity due to no fault of their own (e.g., because of illness or a provider determination). Districts that are interested in operating a program where wages are subsidized with SNAP E&T funds must submit a proposal to OTDA for review and approval prior to implementing such a program. The proposal must provide the number of participants, the anticipated costs, partner organizations and their role (if applicable), a description of the training that will occur while the participant is engaged in the program and projected outcomes. Subsidized employment positions may be full or part-time, but full-time positions are preferred. Income recipients earn from such subsidized placements is subject to the same consideration as other income for purposes of eligibility and benefit determination in accordance with 7 CFR

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual Section 385.3 - Page 15 Rev. 4/2025 273.9. Therefore, districts and/or providers using SNAP E&T funds to support subsidized employment must be mindful that should the subsidized wages result in the household’s ineligibility for SNAP, the district or provider will need to use another funding source to support the subsidized employment placement. Referral of Individuals (Provider Determinations) Districts must inform their local SNAP E&T providers of the providers’ authority and responsibility to determine if an individual is not a good fit for a particular E&T component. Such determinations are referred to as provider determinations. E&T providers know best the skills and qualifications that will likely enable an individual to be successful in their programs. As such, providers have flexibility to establish the criteria used to make a provider determination. The provider may use any information available to make the determination. Districts are encouraged to work with providers to understand the skills and qualifications needed for E&T participants to be successful in the E&T components, and to thoroughly screen individuals prior to referral, in order to reduce the number of participants referred by the district to components where they are not likely to be successful. SNAP E&T providers have 10 days from the date of a provider determination to notify the district that a participant is not a good fit for a program. The notification must include the reason for the provider determination and may include input to the district on the most appropriate next step. If the provider is unable to provide the reason for the provider determination, the district should process the provider determination without the reason. Districts are required to notify a mandatory or voluntary E&T participant with a provider determination within 10 days of receiving the notification from the E&T provider. Districts may make such notification either verbally or in writing, but must, at a minimum, document when the notification occurs in the participant’s case file. The district must explain to the E&T participant, as applicable, what a provider determination is, the next steps the district will take as a result of the provider determination, and provide the district contact information. In the case of either a mandatory or voluntary E&T participant with a provider determination, the district must also notify the individual that they are not being sanctioned as a result of the provider determination. In the case of an ABAWD who has received a provider determination, districts implementing ABAWD requirements must also notify the ABAWD about the accrual of countable months. In particular, the district must notify the ABAWD that the ABAWD will accrue countable months toward their three-month participation time limit the next full benefit month after the month during which the district notifies the ABAWD of the provider determination, unless the ABAWD fulfills the work requirements in accordance with 7 CFR 273.24, or the ABAWD has good cause, lives in a waived area, or is otherwise exempt. Districts should refer to 18-ADM-07 for guidance on the requirement for districts that do not have a federally approved ABAWD waiver for all residents of the district to offer and provide a qualifying work or training opportunity to all

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual Section 385.3 - Page 16 Rev. 4/2025 ABAWDs who are subject to the ABAWD requirements to maintain or reestablish eligibility for SNAP. Districts must document the provider determination and notification to the participant in the participant’s case record. No later than the date of the individual’s recertification, the district must take the most suitable action from the following two options: 1. Refer the individual to an appropriate E&T program component. If selecting this option, districts must first perform a reassessment to determine an appropriate E&T program component to refer the individual to, considering the suitability of the individual for any available E&T components. Additionally, all E&T participants must receive case management services along with at least one E&T work activity component; 2. Re-assess the participant’s physical and mental fitness. If selecting this option, districts must perform a reassessment and screen the individual for any other exemptions from the general SNAP work requirements. Individuals who are determined to be mentally or physically unfit must be exempt from the work requirements. If the individual is found to be physically or mentally fit, and the district determines the individual is not otherwise exempt from the general SNAP work requirements, the district must follow the process described in option one to determine an appropriate E&T program component. Provider determinations are not an exemption from the general SNAP work requirements or an exemption from mandatory SNAP E&T. Provider determinations are made by E&T providers based on criteria specific to that E&T provider about whether or not an E&T participant is a good fit for a particular E&T work activity component. Providers may share a reason for the provider determination with the district and suggest a next step for the individual, and the district may use that information in determining which of the two actions, identified above, the district will take with the individual. Districts may also reassess an individual with a provider determination to determine if the individual should be exempt from the general SNAP work requirement or from mandatory SNAP E&T. The processes associated with receiving a provider determination apply to both voluntary and mandatory SNAP E&T participants. Districts are reminded of their oversight authority to ensure E&T providers are not making unfair provider determinations or using provider determinations to discriminate against protected classes. Participant Reimbursements (Supportive Services) Districts must provide supportive service payments to individuals participating in the SNAP E&T program, including applicants and volunteers, for expenses that are reasonably necessary and directly related to participation in the E&T program. Individuals who are subject to the ABAWD requirements and are participating in an ABAWD qualifying work activity that is a SNAP E&T work activity (either as a mandatory assignment or volunteer) are eligible to receive supportive service payments for expenses that are reasonably necessary and directly related to participation in the SNAP E&T and/or ABAWD activity. Reimbursable costs may include, but are

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual Section 385.3 - Page 17 Rev. 4/2025 not limited to: dependent care costs, transportation, or other work, training or education related expenses such as uniforms, personal safety items or necessary equipment and books or training manuals. If a district is unable to provide a participant with participant reimbursements, then the individual would be excused from mandatory participation in SNAP E&T and would not be subject to a SNAP sanction for failure to comply with the assigned SNAP E&T activity. Specific information regarding SNAP participant reimbursements is found in Section 385.4 of this manual. Job Retention Services The job retention component of SNAP E&T is meant to provide supportive services for a minimum of 30 days and a maximum of up to 90 days to individuals who have secured employment. Job retention services are designed to help individuals achieve satisfactory performance, retain employment, and to increase earnings over time. To qualify for SNAP E&T funded job retention services the recipient who is employed must have participated in another SNAP E&T activity within 90 days prior to starting employment. Districts may offer job retention services, such as case management, job coaching, dependent care assistance and transportation assistance, for up to 90 days to an individual who secured employment. Districts that offer job retention as a SNAP E&T component must make a good faith effort to provide job retention services for a minimum of 30 days. Good faith efforts may include informing participants receiving job retention services of the 30-day minimum requirement, developing a job retention case management plan that extends for at least 30 days, and continuing to conduct outreach to the individual for at least 30 days, but not more than 90 days following the date the employment started. As a best practice, districts should document that a reasonable effort was made for each job retention participant. Able-Bodied Adults Without Dependents (ABAWDs) Federal statute and regulations limit an ABAWD’s eligibility for SNAP benefits to 3 months in a 36-month period, unless the individual resides in an area that has a federally approved ABAWD waiver; the ABAWD is granted an exclusion from the ABAWD requirement for the calendar month consistent with the exclusion policy established by the district; or, is meeting the ABAWD requirement each month. Identifying ABAWDs ABAWDs are individuals who are subject to general SNAP work requirements and meet certain additional criteria. All individuals who are exempt from general SNAP work requirements are also exempt from ABAWD requirements. An individual who is exempt from the ABAWD requirement is not necessarily exempt from the general SNAP work requirements, including participation in SNAP E&T. In addition to those individuals exempt from the general SNAP work requirements, other groups of individuals are also exempt from ABAWD requirements as discussed below.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual Section 385.3 - Page 18 Rev. 4/2025 ABAWDs are work registrants who are NOT:  under age 18 or older than age 54 – The district must track the continued SNAP eligibility of all ABAWDs through the certification period. The month in which an individual turns 18 is an exempt month for ABAWD requirements. When a household recertifies and the youngest member of the SNAP household will turn 18 before the next recertification date, the household must be informed of the ABAWD requirements. Similarly, an ABAWD who turns 55 during a certification period is no longer subject to ABAWD requirements from the date of the individual’s 55th birthday;  any adult residing in a SNAP household (see definition at 18 NYCRR 387.1(w)) where a household member is under 18 years of age – Any adult in the SNAP household, regardless of responsibility for a household member under the age of 18, is exempt from the ABAWD requirements;  pregnant– A pregnant individual is exempt from the ABAWD requirements throughout the entire pregnancy;  homeless – An individual who lacks a fixed and regular nighttime residence; or whose primary nighttime residence is a supervised shelter, halfway house, temporary accommodation of 90 days or less in another individual’s residence, or a place not designed for regular use as a sleeping accommodation (i.e. a bus station, lobby or similar places).  a veteran – For the purposes of this exemption, a veteran is defined as any individual who served in the United States Armed Forces, including any reserve component of the Armed Forces, and who was discharged or released therefrom, regardless of the conditions of their discharge or release. OTDA has interpreted “veteran” to include those in receipt of VA disability compensation.  an individual who is 24 years of age or younger and was in foster care on their 18th birthday - This includes any individual who was in a foster care program run by the State, District, Territory, or Indian Tribal Organization as of their 18th birthday or later and who is under 25 years of age.  determined by the district to be medically certified as physically or mentally unfit for employment – Individuals are unfit for employment when a social services official deems it reasonably evident that they are either mentally or physically unfit. Where the unfitness is not reasonably evident, the individuals are medically certified as physically or mentally unfit for employment when: ➢ they are receiving temporary or permanent disability benefits issued by governmental or private sources, or ➢ such individuals provide a statement from a medical professional the district determines appropriate, that they are physically or mentally unfit for work. Individuals determined work-limited in either the type of work or the number of hours they can work, may be required to participate in employment programs as long as their limitations are accommodated. However, individuals whose limitations preclude

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual Section 385.3 - Page 19 Rev. 4/2025 them from working at least 80 hours monthly are always exempt from ABAWD requirements. Districts must ensure that workers are correctly evaluating each individual’s SNAP employability status and entering the appropriate SNAP employability and ABAWD status codes on WMS (myWorkspace or appropriate New York City system) as this information is used to identify which individuals are subject to the ABAWD requirements on a monthly basis. Districts are also required to ensure that workers are updating an individual’s SNAP employability and ABAWD status codes on a timely basis when changes in either status are reported and documented. This evaluation is typically done through the certification and recertification interview. Informing SNAP Households of the ABAWD Requirements Districts are required to notify all households where at least one household member is subject to SNAP work requirements including the ABAWD work rules of all work requirements applicable to each household member. This notification must be provided verbally and in writing. To comply with this requirement, districts must issue the LDSS-5193 Important Information about SNAP Work Rules (General, Mandatory E&T, and ABAWD) or an approved local equivalent to each household containing a member subject to SNAP work requirements including the ABAWD work rules and provide the household an oral explanation of all applicable work requirements. The written notice and oral explanation of pertinent work requirements including the ABAWD work rules must be provided to the household at application, recertification and when a previously exempt household member or a new household member becomes subject to work requirements. As the LDSS-5193 Important Information about SNAP Work Rules (General, Mandatory E&T, and ABAWD) includes all relevant information that must be provided to the household regarding the ABAWD work rules, it eliminated the need for issuing the LDSS-5072 Informational Letter Regarding Able-Bodied Adults Without Dependents (ABAWD) Requirements. Therefore, the LDSS-5072 is being discontinued with the implementation of the LDSS-5193 Important Information about SNAP Work Rules (General, Mandatory E&T, and ABAWD). Districts must retain copies of all LDSS-5193 provided to the household in the case record. Districts must also document the case record through case notes/comments, in a timely manner, when the comprehensive oral explanation pertaining to SNAP work requirements including ABAWD work rules occurs at certification, recertification, and at any time an exempt household member or new household member becomes subject to work requirements. Please note: During periods of a statewide ABAWD waiver districts should use the LDSS-5193A Important Information about SNAP Work Rules (General and Mandatory E&T), which does not explain the ABAWD requirements as throughout the duration of a statewide waiver ABAWDs residing in all areas of New York are not subject to the ABAWD requirements. Information explaining the ABAWD requirements including which individuals are subject to the ABAWD requirements, the consequences for refusing or failing to comply with the ABAWD requirement without good cause and the actions that may be taken by the ABAWD to maintain or re-establish eligibility for SNAP benefits for more than 3 months in the 36-month period is also provided to all SNAP households as part of the LDSS-4148A What You Should Know

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual Section 385.3 - Page 20 Rev. 4/2025 About Your Rights and is included in the SNAP opening and recertification letters that are generated through the Client Notices System (CNS). ABAWD Requirements In order for an ABAWD to remain eligible for SNAP benefits for more than three months in the fixed 36-month period, the individual must meet the ABAWD requirement through one of the following methods. The ABAWD must: • work (including “in-kind” work and volunteer work) for a total of at least 80 hours per month; or • participate in a qualifying work or training program approved by the social services district for at least 80 hours per month; or • participate in an employment and training program for veterans operated by the Department of Labor or the Department of Veterans Affairs for at least 80 hours per month; or • participate in a program under the Workforce Innovation and Opportunity Act (WIOA) or Trade Act which may include job search, job readiness, occupational skills training, and education activities for at least 80 hours per month; or • participate in a combination of work or qualifying work programs for at least 80 hours per month; or • participate in and comply with a work experience assignment for the number of hours per month equal to the household’s SNAP benefit divided by the higher of the Federal or State minimum wage. In accordance with federal regulations at 7 CFR 273.24, a standalone supervised job search program is not a qualifying E&T activity relating to the participation requirements necessary to maintain SNAP eligibility for ABAWDs unless the hours of participation are limited to less than half of the total number of hours that the individual is participating in ABAWD qualifying activities each month. However, a job search program, supervised or otherwise, when operated under title I of WIOA, under section 236 of the Trade Act, or a program of employment and training for veterans operated by the Department of Labor or the Department of Veterans Affairs, is considered a qualifying activity as related to the participation requirements necessary to maintain SNAP eligibility for ABAWDs. As long as an ABAWD meets the ABAWD requirement through one of these methods, the ABAWD remains eligible to receive SNAP benefits if otherwise eligible. An ABAWD is not allowed to participate on behalf of another ABAWD in the SNAP case, thus relieving that second individual of the responsibility of maintaining their eligibility. Two ABAWDs in a household can maintain their eligibility by participating in work experience for a total of the maximum hours

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual Section 385.3 - Page 21 Rev. 4/2025 allowed by their (individual) grant amount even if it is less than twenty hours per week. To allow an ABAWD to meet the eligibility requirement, districts should apportion hours of work experience among household members as needed. This does not preclude districts from assigning individuals to additional SNAP E&T activities if appropriate. Requirement to Offer and Provide an ABAWD Qualifying Work Activity or Training Opportunity Districts that do not have an approved ABAWD waiver for all residents of the district are required to offer and provide an ABAWD qualifying work activity or training opportunity to all ABAWDs who are subject to the ABAWD work requirements using the LDSS-5127 Able-Bodied Adults Without Dependents (ABAWD) Work Activity Letter, or a locally developed equivalent approved by OTDA. The LDSS-5127 Able-Bodied Adults Without Dependents (ABAWD) Work Activity Letter must be provided to each ABAWD in the following situations: • At the time of application/certification and recertification; • Anytime during the certification period when an individual’s status changes and the individual becomes subject to the ABAWD time limit. For example, an individual is exempt from the ABAWD time limit solely because of a child under the age of 18 in the SNAP household, and during the certification period the youngest child turns 18; • When an ABAWD previously engaged in work or a work activity and meeting the ABAWD requirement is no longer engaged at least 20 hours week/80 hours monthly. The LDSS-5127 Able-Bodied Adults Without Dependents (ABAWD) Work Activity Letter provides the ABAWD with an appointment with a district staff member or contracted employment vendor to receive the offer of enrollment in a qualifying ABAWD work activity assignment. Districts may provide the ABAWD qualifying work activity or training opportunity through the SNAP E&T program or other local work, educational or training program for which the individual is eligible that will assist them in meeting the ABAWD requirement. A copy of the completed LDSS-5127 Able-Bodied Adults Without Dependents (ABAWD) Work Activity Letter must be retained in the case record, along with an entry in case notes, to document that the agency offered the ABAWD the opportunity to meet with the district for assignment to an ABAWD qualifying work activity. The ABAWD’s compliance with the work activity appointment is not mandatory, as a matter of eligibility, and failure to appear will not result in conciliation or imposition of a SNAP sanction. The appointment for the offer of engagement in an ABAWD qualifying work activity is separate and apart from any other mandatory work activity appointments or assignments given as part of the individual’s TA work assignment or SNAP E&T work assignment. Additional information about the LDSS-5127 Able-Bodied Adults Without Dependents (ABAWD) Work Activity Letter, may be found in 18-ADM-07.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual Section 385.3 - Page 22 Rev. 4/2025 The 36-Month Period New York State uses a fixed 36-month time period or “clock” for all ABAWDs. Having a fixed clock means all ABAWDs are subject to the same 36-month period or clock regardless of when they began to receive SNAP benefits. An ABAWD must work or participate in qualifying work programs to remain eligible for SNAP for more than three months during the fixed 36-month period. Countable Months Districts are responsible for monitoring compliance with the ABAWD work requirement by monitoring countable tracked months in the ABAWD Tracking Screen (WTRK31) in the Welfare Management System (WMS). For purposes of tracking an ABAWD’s three months of eligibility, a month does not count as one of the three months in the 36-month period under the following circumstances:  A calendar month during which an individual did not receive SNAP benefits for the full month, including the month of application. It should be noted that if the household applies on or after the 16th of the month and receives expedited SNAP benefits for the balance of the application month and the next calendar month, the full month of SNAP benefits would be tracked towards the 3-month limit, unless the ABAWD met the ABAWD requirement for the month, lived in a waived area during the month or was granted an ABAWD exclusion for the month;  A calendar month during which an individual is exempt from the ABAWD requirement for all or any part of the month;  A calendar month during which an individual resided in or received SNAP benefits from an area of the state covered by a waiver of the ABAWD requirement (see Waivers/ Exclusions section below). An individual who moves from a waived area (or from a county that excluded the individual) does not become subject to the ABAWD requirements until the individual applies for SNAP benefits in the new county; and  A calendar month during which an individual had good cause for missing some or all work/work assignment hours, as long as the absence is temporary, and the individual retains their job or otherwise resumes participation in an ABAWD qualifying activity. Good cause includes circumstances beyond the individual’s control, such as, but not limited to, illness of the individual, illness of a household member that required the presence of the individual, or a household emergency. When determining the number of months of SNAP benefits an ABAWD has used during the fixed 36-month period, districts are required to investigate whether an ABAWD has received SNAP in other states or any other districts within New York State. This information should be collected as part of the SNAP eligibility interview. The ABAWD tracking information on the

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual Section 385.3 - Page 23 Rev. 4/2025 WTRK31 screen which is available through the Employment Tracking Inquiry (Selection 17 in WMS), FS ABAWD Tracking, may be used to identify tracked months in other districts in New York State. If the SNAP applicant is subject to the ABAWD requirements, and has received SNAP benefits in another state during the current 36-month fixed period, the district must: • obtain from the SNAP applicant the name of the State(s) in which each person on the SNAP application has applied for, is receiving, or has received SNAP benefits; • use the National Directory of Human Services (available in Centraport) and follow the directions for contacting each State that the ABAWD indicated they have received SNAP benefits in to verify if the individual has countable ABAWD months in that State; and • process an override in the Welfare Management System (WMS) using WTRK43 – FS ABAWD OVERRIDE INPUT screen (selection R) on the Employment Tracking Inquiry, (accessed via the Time Limit Tracking Menu, Upstate WMS Menu Selection 17/NYC WMS Menu Selection 11) for individuals with countable ABAWD months in another State. Districts adding a countable ABAWD month in WMS should use an override reason code “S” (Out of State) (see Section 385.16 of this manual for the list of ABAWD override reason codes). When determining countable months in another State, districts must recognize that different states can have different trackers (i.e., fixed clock vs. rolling clock), or tracking start dates, which may make reconciling the number of countable months that would follow an ABAWD from one state to another complex. Since New York State is using a fixed 36-month period, districts must only consider countable months from another State that fall within the New York State 36- month period. Waivers/Exclusions Some districts or areas within a district may be eligible for a waiver from the ABAWD requirement based on their rate of unemployment or their designation as a labor surplus area consistent with the requirements of 7 CFR 273.24(f). Information regarding eligibility for a waiver is provided to districts on an annual basis, subject to USDA review and approval of the waiver request submitted by OTDA. ABAWD waivers are granted for a period of 12 months following the federal fiscal year which runs from October 1 to September 30. Districts and areas within a district with an ABAWD waiver approved by USDA are listed on the OTDA website at: http://otda.ny.gov/programs/snap/qanda.asp. Districts approved to waive the ABAWD requirement for a jurisdictional area, but not the balance of the district, must enter an ABAWD code “W” on WMS (or myWorkspace) for ABAWDs who live in a jurisdictional area with an approved ABAWD waiver. Use of this ABAWD code is necessary to ensure that ABAWDs who reside in a waived jurisdictional area are removed from the ABAWD selection process that is used by OTDA to identify which ABAWDs are trackable for each calendar month. Districts must evaluate an individual’s ABAWD status and update the ABAWD status code on WMS/myWorkspace accordingly at application, recertification, and at any time when a change in address or other change that may impact an individual’s ABAWD status is reported and documented.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual Section 385.3 - Page 24 Rev. 4/2025 Districts with a full county waiver are required to use an ABAWD code of “N” for non-ABAWDs but have the option of using an ABAWD code “A” or “W” for ABAWDs during the period covered by the full county ABAWD waiver. Use of an ABAWD code “A” for an ABAWD in a district with a full county ABAWD waiver will alleviate the district from having to update the ABAWD code from “W” to “A” if the district loses the full county ABAWD waiver in the future. An ABAWD who resides in a district with a full county waiver is removed from the ABAWD selection process used by OTDA regardless of whether the ABAWD code for the ABAWD is “W” or “A”. An individual who moves into a jurisdictional area with an approved ABAWD waiver is no longer required to meet the ABAWD work requirement to maintain SNAP eligibility beginning the month the individual moves to the waived area. ABAWDs who are not subject to the ABAWD requirement due to living in a waived area must still be assigned the appropriate SNAP employability and ABAWD status codes for reporting purposes and remain subject to general SNAP work requirements and SNAP E&T requirements if assigned by the district, unless the SNAP household documents that the individual is exempt from SNAP work requirements consistent with 18 NYCRR §385.3. Regardless of eligibility for a waiver, all districts have the option to exclude a portion of non- waived ABAWDs from the ABAWD requirement. Federal law and regulations provide an allotment of ABAWD exclusions to each state based on twelve percent of a state’s ABAWD caseload in non-waived areas as of July 1st of each year. States do not earn ABAWD exclusions in areas that are covered by an ABAWD waiver. OTDA distributes the ABAWD exclusions allotted to New York, if any, to districts that do not have an approved district-wide ABAWD waiver. An ABAWD exclusion allows a district to exclude one ABAWD from the ABAWD requirement for one calendar month. Districts that do not have an approved district-wide ABAWD waiver have the option to exclude a portion of non-waived ABAWDs from the ABAWD requirement to the extent that the district has a sufficient number of available ABAWD exclusions. The total number of exclusions used by a district must not exceed the number approved for use by OTDA. The availability of exclusions provides districts with a great deal of flexibility. Each district is responsible for establishing its own exclusion criteria. For example, a district may wish to exclude ABAWDs who are working, but do not meet the required number of hours to maintain eligibility under the ABAWD provisions, or ABAWDs who have transportation barriers of an ongoing nature. Districts also have the flexibility to establish a limit on the number of months that an ABAWD will be excluded from the ABAWD requirement. The criteria chosen by the district must account for the limit on the number of exclusions that are available to the district for the 12-month period. Each district is required to monitor the use of ABAWD exclusions to ensure that the ABAWD exclusion policy is applied consistently on a monthly basis and that the district does not exceed the number of ABAWD exclusions made available to the district by OTDA for the 12-month period. Districts must also ensure that the use of an ABAWD exclusion is reported to OTDA. An

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual Section 385.3 - Page 25 Rev. 4/2025 ABAWD code “X” - ABAWD/excluded should be entered on screen 4 of the Welfare Management System (WMS) [Individual Inquiry Screen NQIN2A for NYC WMS] or Individuals Tab on myWorkspace for each month that an ABAWD has been granted an ABAWD exclusion by the district. The use of the ABAWD exclusion must also be documented in the case record. Districts are also responsible for updating the ABAWD code on WMS (or myWorkspace) in a timely manner when an ABAWD no longer qualifies for an ABAWD exclusion. Failure to update the ABAWD code in the same calendar month that an individual’s status changes (no longer qualifies for an ABAWD exclusion) may require the processing of an ABAWD related override transaction. ABAWD Related Override Transactions Districts must process an override transaction when an adjustment needs to be made to an ABAWD’s tracking record. The following adjustments to data elements that are used as part of the ABAWD tracking process may be made through the ABAWD override process: • Add or delete a calendar month from the ABAWD counter (Total Number of Months Non- Participating); • Add or delete a calendar month that involved an ABAWD exclusion; • Add or delete a calendar month that involved an ABAWD grace period month; or, • Add a re-establish date when an ABAWD who had previously become ineligible for SNAP benefits because they had received SNAP benefits (either individually or as part of a multi-person SNAP household) for 3 months without meeting the ABAWD requirement re-establishes eligibility for SNAP by meeting the ABAWD requirement. ABAWD related overrides are processed using the WTRK43–FS ABAWD OVERRIDE INPUT screen (selection R) on the Employment Tracking Inquiry, (accessed via the Time Limit Tracking Menu, Upstate WMS Menu Selection 17/NYC WMS Menu Selection 11). ABAWD related overrides can only be made by a designated staff member using the instructions provided in Section 385.16 of this manual. The district may need to process a separate “add” override transaction following the completion of a “deletion” override transaction to add a countable calendar month or to report the use of an ABAWD exclusion. Districts are encouraged to review Section 385.16 of this manual for additional information. Districts may add a month for which an ABAWD exclusion should have been applied or delete a month for which an ABAWD exclusion was applied, at any time during the federal fiscal year (FFY). OTDA is responsible for accurately reporting the number of exclusions applied by districts each month to the USDA on a quarterly basis. For this reason, districts must maintain procedures to process override transactions involving exclusions by the 30th of the month following the end of the quarter. Overrides that are processed after the quarter ends, but still within the FFY should be kept to a minimum. For example, override transactions to add or delete an ABAWD exclusion for April, May, or June should be completed before July 30th. This

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual Section 385.3 - Page 26 Rev. 4/2025 limit is necessary to ensure that the number of exclusions used each month during the quarter is accurately reported to USDA. Tracking an Individual’s Compliance with the ABAWD Requirement Districts are required to monitor compliance with the ABAWD requirement on a monthly basis and take timely action in those instances where the district has determined that the ABAWD has received SNAP benefits for 3 months in a 36-month period, is otherwise subject to the ABAWD requirement and, based on the information available to the district at the time when the case record is reviewed, is not meeting the ABAWD requirement. Districts must monitor and track an individual’s compliance with the ABAWD requirement and issue an NOAA before the end of the 3rd month of SNAP benefits to inform the SNAP household that an ABAWD is ineligible for SNAP benefits because they are subject to, but not meeting the ABAWD requirement. Districts should use the ABAWD Tracking Report, which can be accessed through Cognos, to track the number of months an ABAWD did not meet the ABAWD requirement while receiving SNAP benefits in a 36-month period. Additional information regarding the ABAWD Tracking Report can be found in 16 GIS TA/DC030. OTDA recommends that districts limit SNAP certification periods for households that include an ABAWD to no more than six months. Districts must verify hours of work for ABAWDs at certification, recertification, and as needed if a change is reported. ABAWDs are required to tell the district if their work hours go below 20 hours weekly/80 hours monthly within 10 days after the end of that month. Districts must establish procedures for monitoring an ABAWD’s ongoing participation in work activities, such as education and training and work experience, or the combination of work and work activities. In accordance with 7 CFR 273.24(b)(2), an ABAWD who receives good cause for failure to comply with the mandatory E&T requirement, must also receive good cause for failure to comply with the ABAWD requirement, with one exception. An ABAWD may receive good cause for a lack of an appropriate and available opening in E&T for the mandatory E&T requirement, but this form of good cause does not extend to the ABAWD requirement. This is because the ABAWD has other ways to meet the ABAWD requirement outside of E&T. It is expected the ABAWD will seek out other opportunities even if there is not an appropriate and available opening in E&T. Districts implementing ABAWD requirements that receive an additional allocation of federal pledge funds to serve ABAWDs must still offer a slot in a qualifying ABAWD work activity to permit ABAWDs to remain eligible beyond the three-month time limit. An ABAWD who would have met the ABAWD work requirement through working (paid or unpaid), participating in a work program, a combination of working and participating in a work program, or through a work experience program, but missed some hours for good cause, would be considered to have fulfilled the work requirement if the absence from work, the work program, or the work experience program is temporary. Good cause includes circumstances beyond the individual’s control, such as, but not limited to, illness, illness of another household

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual Section 385.3 - Page 27 Rev. 4/2025 member requiring the presence of the member, a household emergency, or the unavailability of transportation. Failure to Meet the ABAWD Requirement An ABAWD is only eligible for SNAP benefits for 3 months in the 36-month period unless the ABAWD documents that the ABAWD is meeting the ABAWD requirement for the calendar month, has been granted an ABAWD exclusion for the calendar month, resides in an area that has an approved ABAWD waiver during the calendar month or has documented an exemption from the ABAWD requirement. Districts are required to monitor compliance with the ABAWD requirement on a monthly basis and to take appropriate and timely action when the district has determined that an individual subject to ABAWD requirements has received SNAP benefits (either individually or as part of a multi-person SNAP household) for three months in a 36-month period and based on the information available to the district is not meeting the ABAWD requirement, is not excluded or living in an area with an approved waiver. If, based on the information available to the district, the district concludes that the ABAWD is not expected to participate in ABAWD qualifying work activities for a sufficient number of hours in the month to meet the ABAWD requirement, the SNAP case for a SNAP household of one individual should be closed (or the individual in a multi-person SNAP case made ineligible) before the end of the third month to prevent the issuance of a fourth month of SNAP benefits. WMS individual reason code F94 (ABAWD Ineligible) would be used when processing a reduction in or discontinuance of SNAP benefits when an ABAWD has become ineligible for SNAP benefits due to not meeting the ABAWD requirement. The NOAA should be issued in time to preclude the issuance of a fourth month of SNAP benefits. Any SNAP benefits received beyond the 3-month time limit while the ABAWD is subject to, but not meeting the ABAWD requirement, are subject to recoupment. Districts should refer to 05-ADM-15 and 04-ADM-01 for the relevant threshold amounts for the fourth month benefit. Districts must also ensure that a timely and adequate notice is given when reducing or discontinuing SNAP benefits other than at the time of application or recertification, which require the issuance of an adequate notice. Re-establishing Eligibility An individual who becomes ineligible for SNAP after failing to meet the ABAWD requirements during 3 months in the fixed 36-month period may restore eligibility in one of the following ways:  Applicant Prospective Compliance - Eligibility is reestablished if an applicant ABAWD can verify to the satisfaction of the district that they will meet the ABAWD requirement within the 30 days following the date of application. For example, an individual who lost eligibility due to failing to meet the ABAWD requirements has just started a new job and applies for SNAP. As long as the individual can verify that they will work enough hours within the 30 days following the date of application to satisfy the ABAWD requirement

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual Section 385.3 - Page 28 Rev. 4/2025 (80 hours), eligibility is reestablished. The ABAWD must continue to work the required number of hours each month to maintain eligibility;  80 Hours of Participation - Eligibility may be reestablished by participating in a qualifying activity for at least 80 hours within any consecutive 30-day period, not necessarily a calendar month. The consecutive 30-day period does not have to immediately precede the date of application. For example, an individual who lost eligibility some time ago but has now been working 80 hours per month for the past six months was recently laid off and now applies for SNAP. Eligibility may be reestablished if the individual provides verification that they have worked 80 hours in a consecutive 30- day period. The individual would then have to get a job or be placed in a work program or work experience in order to maintain eligibility;  30-Day Job Search/Work Experience - Districts have the option to allow ABAWDs the opportunity to reestablish eligibility after having exhausted the three-month time limit by participating in a 30-day period of supervised job search followed by a work experience placement if the individual does not find a job by the end of the 30-day period. An applicant ABAWD who, except for having exhausted the time limit, is eligible for SNAP, may be assigned to 30 days of supervised job search followed by work experience. The ABAWD is required to perform supervised job search for a minimum of 12 hours in the 30-day period to reestablish eligibility. Districts have the discretion to require more than 12 hours of supervised job search during the 30-day period. If the ABAWD satisfies the job search requirement, thereby reestablishing eligibility, but does not find an adequate job, they must be placed in a work experience assignment in the next month. No other SNAP E&T activity may substitute for work experience if this method is used to reestablish eligibility for an ABAWD;  Recipient Prospective Compliance - A recipient who has not met the ABAWD requirements for three countable months, but who is able to provide proof before the effective date of an adverse action notice that they will meet the ABAWD requirement in the next benefit month (i.e., has obtained employment which will provide at least 80 hours per month, enrolled in a district approved work program which will provide 80 hours or more of participation per month, or enrolled in work experience, without regard to the number of hours as long as the individual is participating the maximum number of hours based on their benefit), should continue to receive SNAP until it is determined that the employment, work activity, or work experience will not meet the ABAWD requirement. In instances in which the district has already issued an adverse action notice, the notice must be rescinded based on verification of the prospective compliance for the next benefit month. Whenever a district authorizes continued receipt of SNAP based on prospective compliance, the district must document the reason for continued authorization of benefits clearly in the case record or face a potential quality control error. Even if eligibility is

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual Section 385.3 - Page 29 Rev. 4/2025 granted based on a verbal assurance of prospective compliance, this should be noted in the case record. As long as the district has documentation to support the continued eligibility based on prospective compliance, the decision to authorize SNAP benefits should not be subject to a quality control error for this reason. However, districts should use discretion when determining whether or not to consider the documentation of prospective compliance as sufficient. For example, a district may determine that an individual’s statement regarding prospective compliance is not sufficient based on previous acts of noncompliance. This is a local district decision. Once an individual’s SNAP case is closed, they must file a new application to begin receiving SNAP again. This requirement applies to TA/SNAP recipients where the TA case remains open, but the SNAP case has been closed as well as NTA/SNAP recipients whose SNAP case has been closed. By law, a SNAP application must be accepted whenever it is submitted. The normal eligibility rules apply, and SNAP should be issued back to the date of application after the individual has reestablished eligibility through one of the previously mentioned methods and is otherwise eligible for SNAP. For applications screened as eligible for expedited processing, an ABAWD who indicates that they meet one of the following conditions, but does not have documentation at the time of application for SNAP benefits must have such documentation pended and receive SNAP benefits under the expedited processing timeframes, provided that the SNAP household is otherwise eligible for expedited SNAP benefits, and: • has or will re-establish eligibility by meeting the ABAWD requirement through one of the designated methods since being determined ineligible for SNAP benefits due to noncompliance with the ABAWD requirement; • has become exempt from the general SNAP work requirements or the ABAWD requirements; or • resides in an area with a federally approved ABAWD waiver. Districts should assist the household to obtain such documentation, if necessary, but cannot delay the issuance of expedited SNAP benefits if the pended documentation is not received before the end of the expedited processing period. In those instances, where documentation is pended, the district should include one of the following statements based on case circumstances on the SNAP approval notice with documentation pended (Q21 or Q22) that is provided to the household under expedited processing rules: • Documentation that an ABAWD has met/will meet the able-bodied adult without dependents (ABAWD) requirement within 30 consecutive days since receiving the ABAWD ineligible letter; • Documentation that an able-bodied adult without dependents (ABAWD) is currently exempt from the ABAWD requirement; or

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual Section 385.3 - Page 30 Rev. 4/2025 • Documentation that an able-bodied adult without dependents (ABAWD) currently resides in an area with a federally approved ABAWD waiver. Districts cannot issue ongoing SNAP benefits until the pended documentation has been received and the district has determined that all household members, including the ABAWD, are eligible for SNAP. If documentation that was pended is not received in the required timeframe, the ABAWD is not eligible for ongoing SNAP benefits. The district must still determine SNAP eligibility for any other household members provided all other documentation necessary to determining the remaining household members’ eligibility for ongoing SNAP benefits has been provided. Additionally, if the documentation that was pended is not provided and the individual reapplies, documentation of compliance with or exemption from the ABAWD requirements or residence in a waived area cannot be pended again. The applicant would need to provide the pended documentation, unless the district determines that the pended documentation is no longer required. If an ABAWD who was previously determined ineligible for SNAP benefits because of noncompliance with the ABAWD requirement reapplies for SNAP benefits and does not indicate or otherwise provide documentation that they have met/will meet the ABAWD requirement through one of designated methods or that they have become exempt from the general SNAP work requirements or the ABAWD requirements, the ABAWD is not eligible for SNAP benefits, including expedited SNAP benefits until the ABAWD documents that the ABAWD has met the ABAWD requirement, is exempt from the general SNAP work requirements or the ABAWD requirements, or resides in an area with a federally approved ABAWD waiver. For households greater than one, when a member of a SNAP household is removed from the case for failing to meet the ABAWD requirement, the household must request that the member be added back to the case and the individual must meet all other eligibility requirements. In this instance, the household member should be added to the household effective in the month following the month the change was reported. Additional 3-Month Grace Period An ABAWD who lost eligibility due to failure to meet the ABAWD requirements, who reestablished eligibility through compliance during a 30-day period as described above, and subsequently lost a job or work assignment is eligible to receive SNAP for an additional 3-month period during which the ABAWD does not work or participate in a work program. This additional period of eligibility is referred to as the “grace period.” The 3-month grace period begins the month following the month the individual first notifies the district that they are no longer fulfilling the ABAWD requirement. In cases where the individual has been satisfying the ABAWD requirement by participating in a program administered by the district, the 3-month grace period begins the month following the month the district notifies the individual that that they no longer meeting the ABAWD requirement. An individual is eligible for this 3-month grace period only one time in the fixed 36-month period. The months in the grace period must be used consecutively, unlike the months in the initial 3-month period of time limited participation.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual Section 385.3 - Page 31 Rev. 4/2025 The ABAWD requirements are complex. As such, the program is subject to Quality Control review. District staff responsible for implementation of this eligibility requirement should contact their OTDA Employment Services Advisor if they have any questions. Months Not Receiving SNAP Any break in assistance is not counted toward an individual’s initial 3-month time limit when the individual receives benefits without meeting the ABAWD requirement. This includes sanction periods. The 36-month fixed period can include months of non-assistance, which cannot be counted as months of noncompliance with the ABAWD requirement. Benefits Received in Error SNAP benefits received by an ABAWD who is not eligible for SNAP benefits count as a month of benefits received for purposes of determining compliance with ABAWD requirements unless and until the individual repays them in full in accordance with 18 NYCRR 387.19. Any SNAP benefits received beyond the 3-month time limit while the ABAWD is subject to, but not meeting the ABAWD requirement are subject to recoupment. Districts should refer to 05-ADM-15 and 04-ADM-01 for the relevant threshold amounts for the fourth month benefit. ABAWD Tracking The ABAWD tracking screens can be found on the WMS menu (Upstate WMS Menu Selection 17—Time Limit Tracking and NYC WMS Menu Selection 11). Districts can use the screen data to review an individual’s ABAWD status. Districts are required to monitor ABAWD compliance on a monthly basis. Data displayed on the WTRK43 screen is based on case information maintained by districts, including ABAWD related tracking information reported by NYC Human Resources Administration. In addition to demographic information, such as an individual’s name and CIN, the WTRK43 screen displays the ABAWD counter which is a list of the calendar months during which the ABAWD did not meet the ABAWD requirements within the current 36-month fixed period and any additions/deletions made to the individual’s ABAWD tracking record. ABAWD related override transactions are processed using the WTRK43 – FS ABAWD OVERRIDE INPUT screen (selection R) on the Employment Tracking Inquiry, accessed via the Time Limit Tracking Menu (Upstate WMS Menu Selection 17/NYC WMS Menu Selection 11). Only staff designated by the district should process ABAWD related override transactions. Districts must ensure that the reason for the override is clearly documented in the case record. More information on ABAWD tracking and processing ABAWD override transactions may be found in may be found in Section 385.16 of this manual. In addition to the tracking screens in WMS described above districts should utilize the following reports available through COGNOS to monitor the accuracy of the data entered in the system

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual Section 385.3 - Page 32 Rev. 4/2025 and to track the number of months an ABAWD did not meet the ABAWD requirement while receiving SNAP. The ABAWD Tracking Report available through COGNOS is the official tracking report that displays ABAWD tracking information. This is a monthly report which is usually available for the report month on or after the 18th of the month following. The SNAP E&T Adult 16+ Report lists all adults receiving SNAP, their age, address, TA employability code, SNAP employability code, ABAWD status code, earned income source, type and amount, SSI/SSDI and other disability income. Please note that due to the complexity of this report, users running it frequently experience delays in retrieving the results. The ABAWD Indicator Code Exception Report is another report available through COGNOS that assists districts in maintaining correct coding. In addition to its other applications, this report can be used to identify those individuals who are 18-49 years old and are assigned an exempt SNAP employability code but do not have an ABAWD code “N”. The SNAP Employability Code Exception Report identifies some common miscoding issues related to the age of SNAP participants. One report type for this report identifies individuals who are coded 35 but are older than age 17. This represents a common coding error.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual Section 385.3 - Page 33 Rev. 4/2025 Part C - Questions and Answers ABAWDs Q.1 Are all adults in a household that contains a child under 18 years of age exempt from the ABAWD requirements? A.1 Yes. All adults in a SNAP household that includes a child under 18 years of age are exempt from the ABAWD requirements. (The definition of a SNAP household can be found at 18 NYCRR 387.1(w)). Districts must determine how ABAWD requirements affect individuals who reside in the same dwelling unit but receive SNAP benefits separately. For example, if a dwelling unit contains a SNAP household consisting of four persons (including a child under 18 years of age), and a separate SNAP household consisting of a single able-bodied adult, all adults in the four-person SNAP household would be exempt from ABAWD requirements based on the presence of the child under 18 years of age. The adult in the other SNAP household is considered an ABAWD and is subject to ABAWD requirements. Q.2 Are districts required to assign ABAWDs to work programs to maintain eligibility for SNAP? A.2 Yes. Districts that do not have an approved ABAWD waiver for all residents of the district are required to offer and provide an ABAWD qualifying work or training opportunity to all ABAWDs who are subject to the ABAWD requirements to maintain or re-establish eligibility for SNAP benefits. The offer of a qualifying work or training opportunity must be provided at certification, recertification, and anytime during the certification period when an individual’s status changes and the individual is subject to the ABAWD time limit. Q.3 Is an ABAWD who lost a job or work assignment eligible for an additional 3 months of SNAP benefits (grace period)? A.3 No. Only an individual who has regained eligibility following ABAWD noncompliance and subsequently loses a job or work assignment may be eligible for the additional 3-month grace period. Q.4 Are individuals who are determined to be ABAWDs allowed three “free” months of SNAP benefits before becoming subject to the ABAWD requirements? A.4 No. Individuals who are determined to be ABAWDs are allowed only three months of SNAP benefits during the fixed 36-month period if not meeting the ABAWD requirement. Districts must inform these individuals of the SNAP work requirements they are subject to, including the ABAWD work rules by issuing the LDSS-5193 Important Information about SNAP Work Rules (General, Mandatory E&T, and ABAWD) to the household and providing them with an oral explanation of the pertinent work requirements. The written notice and the oral explanation must be provided to the household at application, recertification, and when a previously exempt household member or a new household member becomes subject to

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual Section 385.3 - Page 34 Rev. 4/2025 work requirements including the ABAWD work rules. There are no “free” months of SNAP benefits for individuals designated as ABAWDs. Districts without a waiver of the ABAWD requirements must offer and provide a qualifying work activity to all ABAWDs. Additionally, because all ABAWDs are work registrants, all general SNAP work requirements apply to them. SNAP Employment and Training (E&T) Q.5 What does it mean exactly when you say that an individual must “work register?” A.5 In the past, a non-exempt applicant for SNAP was required to go to the local DOL office and fill out an application for work. This constituted “registering for work.” This process is no longer required. When the district reviews an individual’s SNAP application now, the district must screen all household members for an exemption from the general SNAP work requirements and determine whether the person is exempt or non-exempt from SNAP work requirements. The person is determined to be a work registrant if the individual does not qualify for any of the exemptions from the general SNAP work requirements. The district then assigns the SNAP employability code for the individual as appropriate. This completes the work registration process. Q.6 Can an individual fail to comply with “work registration?” A.6 An individual cannot fail to work register. The process of determining work registrant status (exempt or non-exempt) is a district responsibility. There is no State requirement to complete and/or sign any work registration form. An individual’s failure or refusal to sign a form delineating rights and responsibilities related to participation in work activities does not constitute failure to comply with work registration or work activities. Districts must inform individuals of the SNAP work requirements they are subject to by issuing the LDSS-5193 Important Information about SNAP Work Rules (General, Mandatory E&T, and ABAWD) or the LDSS-5193A Important Information about SNAP Work Rules (General and Mandatory E&T) to the household and providing an oral explanation of the pertinent work requirements including rights and responsibilities related to each requirement. The written notice and the oral explanation must be provided to each household where at least one household member is subject to a work requirement at application, recertification, and when a previously exempt household member or a new household member becomes subject to work requirements. Districts must screen individuals for an exemption from the SNAP work requirements during the eligibility interview. After an individual is determined to be a work registrant (non-exempt), they may be required to meet the requirements of a work registrant including participation in a work activity assignment or acceptance of a job. Failure to comply without good cause may result in a durational sanction of the individual who failed to comply in accordance with 18 NYCRR 385.12(e). Should an individual, who claims an exemption from the general SNAP work requirements, fail to submit requested documentation to support the claimed exemption, (i.e., a medical

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual Section 385.3 - Page 35 Rev. 4/2025 statement or verification of receipt of UIB), the individual becomes a work registrant (non- exempt), and may be required to meet the requirements of a work registrant including participation in a work activity assignment. Districts are advised, when making an assignment, to make accommodations for the alleged limitation. Failure to comply with the assigned work activity may result in a durational sanction of the individual who failed to comply in accordance with 18 NYCRR 385.12 (e). Q.7 Can SNAP recipients who would normally be exempt from work requirements because they are complying with a TANF work activity assignment or are the caretaker of a child under six be sanctioned for failure to comply with a SNAP work requirement? A.7 SNAP recipients are normally exempt from SNAP work requirements by virtue of participating in a TANF activity or due to being the caretaker of a child under six. (An individual who is exempt from SNAP work requirements solely due to TANF participation may be sanctioned for SNAP if they fail to comply with TANF work requirements. See Section 385.12(b)(6)). However, NYS operates a Simplified SNAP Program. This allows the value of the SNAP benefit to be added to the value of the TA grant when determining the maximum number of hours a TANF funded recipient may be assigned to work experience. Therefore, noncompliance by a TANF recipient assigned to work experience may result in SNAP sanction even if the individual is a caretaker of a child under six. This is only applicable to work experience and no other work activities and is only for individuals receiving TANF funded assistance. TANF funded TA non-exempt recipients, who are exempt from SNAP work requirements as a caretaker of a child under the age of six, (SNAP employability code 29), who fail to comply with a TA work experience assignment, willfully and without good cause, may be subject to a durational sanction for both TA and SNAP. Safety-Net Families TA non-exempt recipients, who are exempt from SNAP work requirements as a caretaker of a child under the age of six, (SNAP employability code 29) who fail to comply with a TA work experience assignment are NOT subject to a sanction for SNAP. Q.8 Is there a limit to the number of hours of work experience to which a non-exempt SNAP recipient may be assigned? A.8 The maximum number of hours of work experience assigned to a non-exempt individual each month is determined by dividing the household’s SNAP benefit allotment (plus the TA benefit amount, if applicable) by the higher of the federal or state minimum wage. Non- exempt SNAP recipients may be assigned to work experience for up to 30 hours per week or, with the recipient’s consent, more than 30 hours in one week as long as the total hours for the month do not exceed 120. A TA recipient may be assigned additional hours, based on their receipt of a TA benefit, not to exceed 40 hours total weekly.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual Section 385.3 - Page 36 Rev. 4/2025 Q.9 Can SNAP E&T 100% federal funding be used to support the same SNAP E&T related costs as 50% federal funding? A.9 Yes. Both the 100% and 50% federal SNAP E&T funding allocations may be used to support any eligible administrative or program cost associated with serving work registrants through the SNAP E&T program. Districts should refer to reimbursement guidelines established by the Office of Temporary and Disability Assistance to determine which costs are eligible for SNAP E&T reimbursement. For more information on allowable SNAP E&T activities and claiming instructions please refer to federal SNAP regulations at 7 CFR 273.7(d)(1)(ii) and 273.7(e)(1) and to the New York State Fiscal Reference Manual, Volume 3, Chapter 10.

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Rev. 4/2025 Section 385.4 - Supportive Services Table of Contents Section 385.4 - Supportive Services ............................................................................................. 1 Part A - The Regulations ........................................................................................................... 2 a) Public assistance. .............................................................................................................. 2 b) SNAP............................................................................................................................. 2 Part B - Department Policy ........................................................................................................ 4 Temporary Assistance Applicants and Recipients ................................................................. 4 Diversion Payments ............................................................................................................... 6 SNAP Employment and Training Participants, including ABAWDs ..................................... 10 Part C - Questions and Answers ............................................................................................. 12

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Rev. 4/2025 Part A - The Regulations a) Public assistance. 1) To the extent Federal and State resources are available and consistent with a local plan submitted pursuant to this Part, the social services official must provide to applicants and recipients transportation, work-related expenses, child care for children up to age 13, case management and medical assistance in a manner which is consistent with the social services district's local plan prepared in accordance with the requirements of section 385.10 of this Part. i) To the extent local resources permit, case management shall be provided for pregnant adolescents, adolescent parents and at risk youth under 18 years of age, persons with limited English proficiency and individuals whose employability plans indicate the need for two or more concurrent work activities. ii) Child care shall be guaranteed to individuals who need such care to participate in activities assigned in accordance with the provisions of this Part and Part 415 of this Title. 2) The social services official may provide supportive services for up to 90 days to individuals who have lost eligibility for public assistance due to employment. 3) The social services official may provide any other supportive services which he/she deems necessary to allow individuals to participate in work activities, assist individuals at risk of needing public assistance to improve their opportunities for employment or to maintain their employment, or to assist employed public assistance recipients to improve their opportunities for employment which will move them to self-sufficiency. 4) The social services official shall make diligent efforts to assist a person who needs transportation to get to and from a work activity site assigned in accordance with section 385.9 of this Part to obtain such transportation. Where lack of transportation is a direct barrier to participation in an assigned work activity the social services official shall make a reasonable effort to assign the individual to an appropriate work activity at a site in closest proximity to such individual's residence. b) SNAP. The social services official shall provide, as appropriate, transportation, or reimburse the costs of transportation and provide for dependent care, or reimburse the costs of dependent care expenses for individuals participating in SNAP employment and training programs identified in local plans developed pursuant to section 385.10 of this Part.

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Rev. 4/2025 1) Reimbursement for transportation costs shall not exceed a total of $25 per month per individual. 2) Reimbursement for dependent care shall not exceed the actual cost of care or the market rate for such care as established by section 415.9(j) of this Title. Individuals cannot be required to participate in SNAP employment and training programs if the cost of dependent care exceeds the allowable amounts, provided, however, that SNAP applicants and recipients participating in combined SNAP and public assistance employment and training activities for which the requirements of subdivision (a) of this section apply shall be required to participate if dependent care costs in excess of the maximum allowed by this paragraph are made available if appropriate and in accordance with the provisions of such subdivision.

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Rev. 4/2025 Part B - Department Policy Supportive services are a critical tool to assist individuals with successfully participating in work activities. Supportive services are provided to applicants and recipients subject to the availability of federal and state funds and are offered to individuals assigned to work activities or to satisfy other employment requirements such as attending orientation or an assessment in accordance with the requirements of section 332-A of the SSL. The types of supportive services provided by each district are detailed in district biennial Temporary Assistance (TA) and Supplemental Nutrition Assistance Program (SNAP) Employment Plans. Temporary Assistance Applicants and Recipients Districts are required to provide individuals with the supportive services needed to engage in work activity assignments including childcare, transportation and other supportive services for all TA recipients who are age 18 or older (including individuals who are 16 or 17 years old and not satisfactorily attending secondary school and have not completed high school or high school equivalency program). Transportation can be one of the most significant barriers to employment that individuals may face. Taking the time to review each individual’s transportation situation and needs while engaging in work/job placement activities will provide a realistic picture of the array of job opportunities available to them and possibly lead to higher job retention rates. It will likely also minimize some of the employment stops and starts individuals experience such as: • receiving a job offer but being unable to take the position because the job is not on the bus line; • not being able to afford the on-going cost of transportation to get to the position; • the transportation options do not operate during all of their scheduled work hours; or • the transportation does not meet other ancillary needs such as allowing for drop off and/or pick up of children at day care. By exploring transportation needs up front, ideally at the initial assessment, individuals will have a higher chance of overcoming their transportation barriers and achieving their employment goals. The selection of the correct payment type for each supportive service that is issued is important. Each supportive service is identified as an assistance payment type or a non-assistance type. The distinction between assistance and non-assistance payments has implications for families, districts, and the State. The federal regulations at 45 CFR 260.31 make a distinction between an “assistance” payment and a “non-assistance” payment. The term “assistance” includes cash payments, vouchers, and other forms of benefits designed to meet a family’s ongoing basic needs (i.e., for food, clothing, shelter, utilities, household goods, personal care

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Rev. 4/2025 items, and general incidental expenses). The term “assistance” also generally includes supportive services, such as transportation provided to families who are not employed. The term “assistance” does not include nonrecurrent, short term benefits that are designed to deal with a specific crisis situation or episode of need; are not intended to meet recurrent or ongoing needs; and, will not extend beyond four months. There are six types of employment-related supportive service payment types: 1.) Upstate WMS payment type R7-Transportation: Includes bus tokens/passes, gas card, mileage reimbursement, vehicle insurance, vehicle repair, driver’s license fees and vehicle registration and are available to Family Assistance (FA), Safety Net Assistance (SNA) Maintenance of Effort (MOE), and SNA non-MOE applicants and recipients; 2.) Upstate WMS payment type R9- Employment and Training Essential Needs: Includes work related clothing expenses, license fees, and tools needed to complete job assignments and are available to FA, SNA MOE, and SNA non-MOE applicants and recipients. This supportive service payment does not include assistance payments, fines or penalties; 3.) Upstate WMS payment type T2 – Extended Supportive Services: Includes transportation employment related expenses for FA, SNA MOE, and SNA non-MOE recipients whose case closed due to employment for up to 90 days. Also, this includes payments made for two-parent families that are subject to the federal Two-Parent rate (where neither parent is disabled) and assigned a WMS parent indicator of “2” (06-LCM-09); 4.) Upstate WMS payment Type T3 – Training Tuitions and Fees: Includes tuition or other training related expenses necessary to participate in employment related training, (when not otherwise available) and are available to FA, SNA MOE, and SNA MOE individual applicants and recipients; 5.) Dependent Care Upstate WMS payment type varies based on type of care and services/non-services case. This supportive service is distributed based on the following: a.) Guaranteed to TA applicants or recipients, with a child under 13 years of age, if required to participate in an approved work or other required activity including working individuals who receive “in-lieu of TA” and sanctioned TA recipients who are assigned to activities to demonstrate compliance. Also, included under the guarantee are families whose case closed due to income who received TA in three out of the six months preceding the month of closing and have income up to 200% of the applicable State income standard for up to 12 months after the month of TA case closing; b.) Child care funds are available but not guaranteed for the following: • TA applicant/recipient with an eligible child 13 years old or older who has special needs or is under court supervision to allow for parent to participate in work or other required activities; • Teen parent to attend HS or equivalent;

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Rev. 4/2025 • TA recipient with a child who needs protection because parent/caretaker is physically or mentally incapacitated or has family duties requiring their absence from home; • A parent/caretaker who is at risk of becoming dependent on TA to be engaged in work; • A family experiencing homelessness to seek housing and seek employment, be engaged in work, attend educational/vocational activities, or participate in counseling services programs. c.) District option, if included in Child and Family Services Plan and funds are available, to a family receiving TA or one that has income of up to 200% of the State income standard and needs childcare for a child under 13, or a child 13 years old or older who has special needs or is under court supervision, for the following reasons (the district's selected options can be viewed at https://ocfs.ny.gov/programs/childcare/plans, see 18 NYCRR 415.2 for complete list): • Parent/caretaker to attend substance abuse treatment program(s); • TA recipient to participate in a work activity in addition to another required activity; • TA family when child care services are necessary for a sanctioned parent or caretaker relative to participate in unsubsidized employment; • In an emergency situation of short duration; • Family with income up to 200% of the State income standard is seeking employment or participating in educational or vocational activities (no more than 4-year post-secondary). Note: While this section of the regulations authorizes dependent care as a supportive service, dependent care payments are funded through the Child Care Development Block Grant. Please refer to Office of Children and Family Services regulations at 18 NYCRR section 415 for policy on provision of dependent care. Contact the Division of Child Care Services at 518-474-9454 for information and guidance. Diversion Payments Diversion is the actions that a district takes to assist an applicant in finding ways to meet their needs without receiving ongoing TA benefits. Districts screen applicants to see if they can be diverted from receiving ongoing cash assistance by helping them identify other services and resources that might be available. Available services and resources include programs, such as, SNAP, Medicaid, HEAP, Women's, Infants and Children (WIC), Child Care Assistance and State and local employment services. In addition, districts can utilize community resources such as food pantries, charitable organizations, family and friends. When community resources are

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Rev. 4/2025 used, the district must confirm that these resources are actually available to meet the applicant's need. If necessary, non-recurring payments may be authorized to divert a household from needing ongoing TA if the applicant is eligible for Emergency Assistance to Needy Families (EAF) or Emergency Safety Net Assistance (ESNA), and the payment will resolve a crisis and enable the applicant to obtain or maintain self-sufficiency. Districts are reminded that payments made to divert a household from needing ongoing TA must not be used to circumvent normal ongoing TA eligibility requirements such as work rules. It is not mandatory that applicants for TA who are eligible to receive ongoing benefits accept a payment to divert the household. If the applicant agrees to accept a payment to divert a household from needing ongoing assistance, the applicant must withdraw in writing their application for ongoing assistance and the district must follow separate determination procedures. If the applicant refuses to accept the diversion payment instead of ongoing assistance, and the applicant is eligible for ongoing TA, the district must issue ongoing TA benefits. The purpose of the following WMS diversion payment types is to collect accurate data for federal reporting requirements. Therefore, these payment types must not be used under any other circumstance other than defined below: Upstate WMS payment type D9-Diversion Transportation Payment: This payment type must be used to authorize a nonrecurring diversion payment for employment related transportation expenses such as the cost of public transportation, car insurance or car repairs. This diversion payment type can be issued to employed applicants who have a transportation need that must be met to maintain employment and, if not met, may result in the opening of an ongoing TA case. This payment type may also be used to provide transportation for applicant job search activities while TA eligibility is being determined or for applicants with a bona fide job offer. To receive this benefit, the household must be categorically eligible for EAF and meet all income and resource requirements of EAF. Payment type "D9 - Diversion Transportation Payment" is allowed with TA case types 11,12 and 19 with transaction type 09 - Open/Close. This payment type is also allowed with TA case types 11, 12, 16, and 17 with transaction type 03 - Denial, and on active case types 20, 22, 24 and 31, with a required special claiming code of F. Payment type D9 must be authorized as a single issue payment and can be authorized as either a restricted or unrestricted payment. Upstate WMS payment type F5 – Shelter Related Expenses and Mortgage/Tax Arrears: This payment type is used to authorize a nonrecurring short-term diversion payment for expenses directly associated with resolving a housing related crisis or episode of immediate need for homeowners. These include mortgage or mortgage arrears, moving expenses, storage fees or household structural or equipment repairs. This diversion payment type can be issued only to applicants who have an emergency or immediate need that if resolved would enable the family

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Rev. 4/2025 to avoid the need for ongoing assistance. To receive this benefit the household must be categorically eligible for EAF and meet all income and resource requirements of EAF. This payment type is allowed with TA case types 11, 12 and 19 with transaction type is 09 - Open/Close. This payment type is also allowed with TA case type 11, 12, 16 and 17 with transaction type 03- Denial, and on active case types 20, 22, 24 and 31, with a required special claiming code of F. This payment type must be authorized as a single-issue payment and can be authorized as either a restricted or unrestricted payment. This payment type must not be used to authorize payments for rent, transportation expenses, child care expenses, costs related to applicant job search or payments for work related items, utility shutoffs, or brokers'/finders' fees. Upstate WMS payment type F6 - Diversion Rental Payment: This payment type is used to authorize a non-recurring short-term diversion payment for rent or rental arrears. This diversion payment type can be issued only to applicants who have an immediate shelter need (rent) that if resolved will enable the family to avoid the need for ongoing TA. To receive this benefit the household must be categorically eligible for EAF and meet all income and resource requirements of EAF. This payment type is allowed with TA case types 11, 12 and 19 with transaction type is 09 - Open/Close. This payment type is also allowed with TA case type 11, 12, 16 and 17 with transaction type 03- Denial, and on active case types 20, 22, 24 and 31, with a required special claiming code of F. This payment type must be authorized as a single-issue payment and can be authorized as either a restricted or unrestricted payment. This payment type must not be used to authorize payments for mortgage expenses, property taxes, moving expenses, storage fees, household structural or equipment repairs, security deposits, utility shutoffs, or brokers'/finders' fees. Upstate WMS payment type D7-Transitional Services Payments: This payment type is used to authorize non-recurring employment related expenditure such as a uniforms allowance, tools, license fees, or other items needed to enable an individual to maintain employment. The households for which these payments are made are no longer in receipt of ongoing FA, or non- cash SNA/FP because of employment and they have an employment-related expense that if not met will result in the continuation of an ongoing TA case. This is the only WMS diversion payment code that will allow a payment to be issued at the time of a TA case closing. All other WMS diversion payment type codes are used exclusively for applicant families. Payment type "D7 - Transitional Services Payments" is allowable with TA case types 11, 12, 16, 17 and 19. This pay type will only be allowed with Transaction Types 07 (Closing), 08 (Recert/Closing) and 09 (Open/ Close). For Case Types 16 and 17 a State/Federal Charge Code of 63 (TANF Individual Exceeding 5 Year Limit) or 64 (TANF Native American on NYS Reservation Exceeding 5 Year Limit) must be present on Screen 3 of the APTAD or LDSS-

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Rev. 4/2025 3209. This payment type is also allowed with TA case types 11, 12, 16, and 17 with transaction type 03 - Denial, and on active case types 20, 22, 24 and 31, with a required special claiming code of F. Payment type D7 must be authorized as a single-issue payment and can be authorized as either a restricted or unrestricted payment. Transportation related expenses such as car insurance, auto repairs or similar transportation costs must not be authorized with this payment type (see payment type D9). Utilizing EAF Payments To Divert A Family From Needing Ongoing TA District staff must use their judgment to evaluate if there is a reasonable chance that the authorization of a non-recurring EAF payment will resolve a crisis and enable the applicant family to obtain or maintain self-sufficiency and avoid ongoing TA. If it is believed that authorizing an EAF payment will divert a family from needing ongoing assistance, the family must be categorically and financially eligible for EAF. Eligibility is based upon the same criteria and scope of assistance as specified in 18 NYCRR 372, except for the criteria that the emergency must be one that was sudden, could not have been foreseen, and was beyond the applicant's control. EAF payments to divert a family from needing ongoing TA are limited to the scope of assistance as specified in 18 NYCRR Parts 352 and 372. If a particular item of need is not found in 18 NYCRR 352 the need may be covered under 18 NYCRR 372.4(d) which provides payments for services necessary to cope with an emergency, such as, car insurance payments, car repairs, etc., Districts retain the ability to pursue the recovery of or recoup assistance, per 18 NYCRR 352.7(g)(3). Utility shut offs under 18 NYCRR 352.5 (e), brokers/finders fees and security deposits cannot be authorized to divert a household from needing ongoing assistance. Utilizing ESNA Payments To Divert A Family From Needing Ongoing TA ESNA is intended for individuals who are not eligible for ongoing TA including ongoing SNA and have a short-term emergency situation (expected to last 3 months or less) such as, expenses resulting from a fire or other emergency. If necessary, non-recurring ESNA payments may be authorized to divert a household from needing ongoing TA if the applicant is eligible for ESNA, and the payment will resolve a crisis and enable the applicant to obtain or maintain self- sufficiency. ESNA may also be authorized to applicants who are eligible for ongoing SNA but have agreed to accept a non-recurring payment to assist the applicant in obtaining or maintaining self-sufficiency and prevent the need for ongoing TA. Districts may authorize ESNA to divert applicants of TA. To authorize ESNA to divert an applicant from needing ongoing TA the household must be eligible to receive ESNA (Eligibility is based upon the same criteria and scope of assistance as specified in 18 NYCRR 370.3), there

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Rev. 4/2025 must be an immediate need or crisis that, if not met, will jeopardize an individual's ability to obtain or maintain self-sufficiency, and there is a reasonable chance that the payment will divert the applicant from needing ongoing TA. ESNA payments to divert applicants from needing ongoing TA are limited to the scope of assistance as specified in 18 NYCRR 352. Services payments such as car insurance payments or car repairs cannot be paid for applicants, who are not eligible for EAF, therefore these services payments may not be authorized to household eligible for ESNA. WTW employment related supportive services payment should be explored if the identified need is employment related. SNAP Employment and Training Participants, including ABAWDs Federal regulations require districts to inform each SNAP E&T participant that allowable expenses are available for reimbursement upon presentation of appropriate documentation. Districts must provide supportive service payments to mandatory and voluntary SNAP E&T participants engaged in SNAP E&T work assignments and ABAWD qualifying work activities for expenses that are reasonably necessary and directly related to participation in the SNAP E&T and/or ABAWD activity. SNAP E&T funds, including participant reimbursements cannot be used for TANF applicants or recipients. Costs must be directly related to participation in SNAP E&T allowable work activities. Use of SNAP E&T funds for dependent care costs is subject to a plan approved by OTDA, OCFS and Division of Budget. Supportive services should be reasonably necessary and directly related to participation in employment and training activities. Reimbursable costs may include, but are not limited to: • Dependent care costs • Transportation • Other work, training or education related expenses such as uniforms, personal safety items or necessary equipment and books or training materials. The job retention component of SNAP E&T is meant to provide supportive services for a minimum of 30 days, and not more than 90 days, to individuals who have secured employment. Only individuals who have received other employment/training services under the SNAP E&T program within 90 days prior to placement in unsubsidized employment are eligible for job retention services. Job retention reimbursements must be reasonable and necessary and can include: • Clothing required for a job • Equipment or tools required for a job

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Rev. 4/2025 • Relocation expenses • Transportation • Dependent care costs Payment type F2 (participant reimbursement) is the payment type for authorizing SNAP E&T supportive service payments. F2 payments may only be authorized for case types 16 (Safety Net Cash Assistance), 17 (Safety Net Non-Cash Assistance), 31 (NTA/SNAP), and 32 (SNAP- MIX) provided the household is not applying for or receiving TANF funded assistance (case types 11 or 12). SNAP E&T funded supportive services are funded by 50% federal reimbursement and 50% local share. Note: While this section of the regulations authorizes dependent care as a supportive service, dependent care payments are funded through the Child Care Development Block Grant. Please refer to Office of Children and Family Services regulations at 18 NYCRR section 415 for policy on provision of dependent care. Contact the Division of Child Care Services at 518-474-9454 for information and guidance.

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Rev. 4/2025 Part C - Questions and Answers Q.1 Can the district pay to repair an applicant’s car in order to enable the TA applicant to continue working? A.1 Yes. Supportive services can be used as a diversion in a front door program. You may use the assessment process as a front door activity and determine that repairing the car enables the applicant to continue in their employment and prevents the applicant from needing public assistance. Q.2 Can I pay child care for TA applicants who are doing job search? A.2 Yes. Individuals with a child under thirteen who require child care in order to participate should be provided it. In instances where the district requires an applicant to participate and the individual does not have child care, the district must make at least two referrals for child care, one of which must be to a regulated child care provider. (If an individual is unable to find a child care provider on their own, the worker must provide the individual with two choices of child care providers. At least one of these choices must be a child care provider who is licensed or registered with the State of New York or with New York City Department of Health and Mental Hygiene.) Child care for individuals eligible for services under the Child Care Development Block Grant should be funded with Child Care Development Block Grant funds. Q.3 Which cases receive case management? A.3 For TA recipients, if local funds are available, pregnant adolescents, adolescent parents, at risk youth under eighteen, and individuals with limited English proficiency are case managed. However, the local district plan may offer case management to other groups. For SNAP, all TA/SNAP and NTA/SNAP recipients assigned to a SNAP employment and training work activity must receive case management. Q.4 Can supportive services be issued to a client after a TA case is closed? A.4 Yes, for up to 90 days after the TA case is closed due to obtaining employment. Also, based on the availability of local district funds and/or appropriate programs, supportive services may be continued beyond 90 days post-employment if the individual qualifies for TANF funded services under the 200% of poverty guidelines. Q.5 Can a client be required to move to an area with better job opportunities? A.5 No, but remoteness is no longer an allowable reason for failing to comply with work activity assignments. If the district determines that jobs exist outside of the individual’s community for which the individual is capable of engaging, then the district may refer the individual to

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.4 – Page 13

Rev. 4/2025 these jobs even if no public transportation exists between the community in which the individual lives and the one in which the job opportunity exists. The regulations require districts to make diligent efforts to assist individuals in overcoming transportation problems, including the provision of supportive services if the district determines them necessary. Districts can even provide the supportive services necessary to help an individual move and set up housekeeping in another community if it determines such services appropriate. Q.6 Are the costs of SNAP E & T participation reimbursement payments eligible for Federal funding? A.6 Effective May 13, 2002, the entire portion of a SNAP E & T participant reimbursement payment is federally reimbursable at a rate of 50%. SNAP E & T participant reimbursement payments are eligible for 50% federal and 50% local share. Q.7 What supportive services are available to individuals participating in the SNAP E&T program? A.7 Districts must provide supportive service payments to individuals participating in the SNAP E&T program, including applicants and volunteers, for expenses that are reasonably necessary and directly related to participation in the E&T program. Individuals who are subject to the ABAWD requirements and are participating in an ABAWD qualifying work activity that is a SNAP E&T work activity (either as a mandatory assignment or volunteer) are eligible to receive supportive service payments for expenses that are reasonably necessary and directly related to participation in the SNAP E&T and/or ABAWD activity. Examples of services include bus tokens/passes, gas cards, mileage reimbursement, vehicle repairs and other participation related expenses such as work-related clothing and tools. Q.8 Can districts request reimbursement for dependent care funds relating to supportive services for individuals participating in a SNAP E & T program? A.8 Districts may request reimbursement for expenditures relating to dependent care funds. SNAP E&T dependent care funds may be used to support eligible child care costs incurred for dependents under the age of 13. SNAP E&T dependent care funds may also be used to support eligible dependent care costs for a child with special needs or under court supervision who is under 18 years of age or under 19 years of age and a full-time student in a secondary school or in an equivalent level vocational or technical training program. Documentation is required for children who have been identified as having special needs or are under court supervision, as described above. Q.9 Can districts and/or E&T contracted providers use SNAP E & T funds to purchase computers for SNAP E&T participants to use? A.9 SNAP E&T administrative funds (50 percent SNAP E&T administrative funds and or 100

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.4 – Page 14

Rev. 4/2025 percent SNAP E&T administrative funds) may be used to purchase laptops or other computer equipment that may be loaned to E&T participants who need such equipment to participate in SNAP E&T activities. In accordance with federal cost principles, the cost must be reasonably necessary and directly related to the operation of or participation in the SNAP E&T program. District’s expenditures to maintain a laptop loaner program for participants’ use while engaged in E&T activities, are considered operational costs of the SNAP E&T program. Laptops or other computer equipment purchased with 100% or 50% SNAP E&T administrative funds may only be loaned to SNAP E&T participants and upon completion of the SNAP E&T program, all loaned equipment must be returned to the district or the E&T provider who loaned the laptop and/or equipment. Additionally, districts may use SNAP E&T participant reimbursement funds that are not included in the 100% or 50% SNAP E&T administrative allocations to reimburse participants for technology-related expenses such as materials or tools reasonably necessary for participation in a SNAP E&T activity component including Wi-Fi access, laptops, and tablets. Districts that have established a cap for participant reimbursements are reminded that if the amount the participant needs to participate in an E&T program exceeds the cap, the individual must be exempt from mandatory SNAP E&T.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual Section 385.5 - Page 1 Rev. 4/2025 Section 385.5 - Orientation Requirements Table of Contents Section 385.5 - Orientation Requirements .................................................................................... 1 Part A - The Regulations ........................................................................................................... 2 Part B - Department Policy ........................................................................................................ 4 Part C - Questions and Answers ............................................................................................... 6

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual Section 385.5 - Page 2 Rev. 4/2025 Part A - The Regulations a) The social services official shall, at the time of application or redetermination for public assistance and SNAP, inform applicants and recipients of activities and supportive services provided under this Part for which they are eligible, including: 1) education, employment and training opportunities, including those which are available at no cost to the individual, which are available under the local plan prepared in accordance with the provisions of section 385.10 of this Part; 2) responsibilities associated with the repayment of student financial aid; 3) supportive services available through the social services district, and the obligation of the social services district to provide such services pursuant to section 385.4 of this Part; 4) work activities available through the social services district and the social services districts' obligation, if any, regarding those activities; 5) child care available in accordance with the provisions of Part 415 of this Title, for individuals whose public assistance has terminated; 6) in accordance with the provisions of Part 415 of this Title and of this Part: i) the types and settings of child care services which may be reasonably accessible to individuals assigned to work activities and how such services shall be provided and financed; ii) the assistance available upon request to help individuals assigned to work activities select appropriate child care services; and iii) the assistance available upon request to help individuals assigned to work activities obtain child care services; and 7) prenatal, infant and early childhood home visiting services, where an assessment indicates that such services would be appropriate and beneficial to the household and they are available locally. b) The social services official shall inform applicants and recipients of public assistance of their responsibility in establishing paternity and enforcing child support obligations. c) Within one month of orientation, the social services official shall notify the applicant or recipient in writing of the opportunity to participate in the social services district's work activities. 1) Such notification shall provide a clear description of how an individual may enter and participate in work activities. 2) Nothing herein shall preclude the social services official from incorporating such notification into the district's orientation.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual Section 385.5 - Page 3 Rev. 4/2025 d) The social services official may inform applicants and recipients of public assistance of their obligations under law and regulations, any applicable time limits on public assistance, and any other information deemed pertinent by such official.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual Section 385.5 - Page 4 Rev. 4/2025 Part B - Department Policy All applicants and recipients of Temporary Assistance (TA) are entitled to receive information on work requirements. At application and recertification clients must be given an explanation of their rights and responsibilities as well as the benefits and obligations of participation in work activities. Districts may include additional elements in their orientation. The district orientation process is described in Section 2 of the district’s biennial TA and SNAP Employment Plan. Providing orientation is the responsibility of the district, as required in state regulations. There is no requirement for applicants or recipients to attend the orientation. Each district is required to conduct orientation at the time of application for, or redetermination of, TA eligibility, using oral or written means. Within state guidelines, districts may conduct orientation by employing a variety of delivery methods. At a minimum, districts must provide individuals with the Client Information Books (LDSS 4148A, B and C). Orientation information should be presented in a standardized manner to ensure that the same information is provided to every client. Written materials may be presented or handed out in group or individual settings or provided by mail or in application packets. Orientation may also occur via telephone or through a virtual format in the event the client(s) cannot be present in the district office. Orientation may also be provided individually as part of the eligibility interview, or an appointment with employment unit staff. Whether orientation is provided individually or in a group setting, the district’s orientation must inform applicants and recipients of the employment activities and supportive services for which they are eligible, including: • Education, employment and training opportunities, including those which are available at no cost to the individual; • Responsibilities associated with the repayment of student financial aid; • Supportive services available and the district’s responsibility to provide them; • Availability of transitional child care; • The availability of prenatal, infant and early childhood home visiting services, if they are available locally and an assessment indicates that the household is eligible and could benefit from such services; • The assistance which is available upon request to help individuals assigned to work activities to get child care, and • Responsibilities in establishing paternity and enforcing child support obligations. Additionally, TA applicants must be informed at, or within one month of orientation of the following:

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual Section 385.5 - Page 5 Rev. 4/2025 • How the individual may participate in work activities; • Time limits for receipt of TA; • Requirements of teen parents to attend school, and • The requirement to engage in work. In addition to the required elements of orientation, districts may include additional elements in their orientation. Districts may choose to include information in the orientation that will provide clients who lack the resources to get a job with assistance and supports that may take the form of the following: • Assistance with work-appropriate clothing, uniforms, or necessary tools; • Assistance with making transportation plans; • Practice and pointers for completing job applications; • Practice and pointers for job interviewing; • Leads to the job market. As clients are oriented to work activities, it is equally important that they understand the importance of keeping a job and are given adequate information about the supports available. Job loss is very common among low-income workers, especially within the first four to six months of starting a new job. Many clients initially get jobs that lack benefits, such as sick days and health insurance. As clients are encouraged to enter the workforce, it is necessary to ensure their knowledge of, and access to, the following: • Childcare subsidies • Income disregards • Transitional SNAP • Transitional medical assistance and other healthcare programs • Other transitional services offered by the district • HEAP • Earned Income Tax Credits • WIC • www.myBenefits.ny.gov • www.otda.ny.gov/workingfamilies

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual Section 385.5 - Page 6 Rev. 4/2025 Part C - Questions and Answers Q.1 Is orientation an individual process or can the district conduct group orientation? A.1 Orientation may be presented in group sessions or individually. It is the option of the district to decide which type of orientation best suits its needs. Q. 2 Is an individual required to attend orientation? A. 2 An individual is not required to attend orientation, but if the orientation is provided in conjunction with another required element/activity, the individual still must attend the required element/activity.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.6 – Page 1 Rev. 4/2025 Section 385.6 - Assessments and Employability Plans for Households with Dependent Children Table of Contents Section 385.6 - Assessments and Employability Plans for Households with Dependent Children ...................................................................................................................................................... 1 Part A - The Regulations ........................................................................................................... 2 a) Assessments .................................................................................................................. 2 b) Employability plan ........................................................................................................... 3 Part B - Department Policy ........................................................................................................ 5 Assessment Overview ........................................................................................................... 5 Employment Plan ................................................................................................................... 6 Policy Releases ..................................................................................................................... 7 Desk Guides and Forms ........................................................................................................ 7 Part C - Questions and Answers ............................................................................................... 8

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.6 – Page 2 Rev. 4/2025 Part A - The Regulations a) Assessments 1) The social services official shall ensure that an employability assessment is provided for each public assistance recipient who is a member of a household with dependent children and is: i) 18 years or older; or ii) is 16 or 17 years of age and not attending secondary school and has not completed high school or an equivalency program. 2) Such assessment shall include, but not be limited, to a review of the individual's: i) education level, including literacy and English language proficiency; ii) basic skills proficiency; iii) child care and other supportive services needs; iv) skills and prior work experience; v) prior participation in education and training; vi) training and vocational interests; vii) family circumstances, including the special needs of a child; and viii) eligibility for locally-available prenatal, infant and early childhood home visiting services. 3) The assessment shall be completed within 90 days of the date such recipient is determined to be eligible for public assistance pursuant to Part 351 of this Title. 4) The social services official shall encourage and may require a nonexempt recipient who has not attained a basic literacy level and who is not subject to the educational requirements of section 385.9 of this Part to enroll in a basic literacy program, high school equivalency program or other educational program in combination with other work activities. Any such assignment shall be consistent with the employability plan prepared pursuant to subdivision (b) of this section. i) Basic literacy level for purposes of paragraph (4) of this subdivision is defined as a literacy level equivalent to the ninth grade. ii) Such basic literacy level for nonexempt recipients of public assistance who have not obtained a high school diploma or the equivalent shall be established based on a test for basic literacy level as determined appropriate by the Education Department.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.6 – Page 3 Rev. 4/2025 5) The social services official shall offer the option and may require a nonexempt recipient who has achieved a basic literacy level as defined in subparagraph (4)(i) of this subdivision, but has not attained a high school diploma or the equivalent and who is not subject to the educational requirements of section 385.9 of this Part to enroll in an educational program designed to improve the individual's literacy level and/or prepare the individual for attainment of a high school diploma or the equivalent in combination with other work activities as appropriate. Any such assignment shall be consistent with the employability plan prepared pursuant to subdivision (b) of this section. 6) An applicant or recipient may be assigned to work activities in accordance with the provisions of this Part prior to the completion of an assessment. 7) Applicants and recipients are required to participate in an assessment as assigned by the social services official. i) An applicant who fails to comply with assessment requirements shall be ineligible for public assistance, provided, however, that the term applicant means the entire public assistance applicant household. ii) A recipient who fails to comply with assessment requirements shall be subject to the provisions of sections 385.11 and 385.12 of this Part. 8) Where an assessment indicates that home visiting services would be appropriate and beneficial to the recipient, and such services are available, the social services official shall encourage the recipient to participate in such services. To the extent that such participant is interested in receiving home visiting services, the social services official shall assign the participant to a work activity in accordance with paragraph (6) or (13) of subdivision (a) of section 385.9 of this Part, where such home visiting services shall count towards the individual's work requirement hours. b) Employability plan 1) i) Based upon the assessment required pursuant to this section, an employability plan shall be developed in writing and in consultation with the recipient, which shall set forth: (a) the services which the district will provide, including child care; (b) the work activities to which the recipient will be assigned; (c) the recipient's employment goal, which shall reflect, to the extent possible, the recipient's preferences to the extent they are consistent with the assessment; ii) In developing the plan, the social services official shall take into account: (a) the recipient's supportive services needs;

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.6 – Page 4 Rev. 4/2025 (b) the available program opportunities; (c) the local employment opportunities; (d) if the recipient is assigned to an education program, the appropriateness of the educational activity based on the assessment completed pursuant to subdivision (a) of this section and the recipient’s liability for student loans, grants and scholarship awards, and (e) the recipient’s participation in prior education and training activities. 2) Notwithstanding the requirements of paragraph (1) of this subdivision, the social services official must consider the need of the social services district to meet Federal and State work activity participation rates before completing an individual's employability plan. 3) If a recipient's preferences cannot be accommodated in the employability plan, the plan shall record the reasons. 4) The plan shall be explained to the recipient. 5) Any change to the plan shall be discussed with the recipient and documented in writing. 6) Participation in an educational and/or vocational training program, that includes but is not limited to, a two-year post-secondary degree program, which is necessary for the participant to attain their individual employment goal and is likely to lead to a degree or certification and sustained employment, shall be approved consistent with such individual’s assessment and employability plan to the extent that such approval does not jeopardize the State’s ability to comply with federal work participation rates. (c) The social services official shall use designated trained staff or providers with demonstrated effectiveness in assessment and employability development to prepare the assessments and plans required by this section. (d) Child care. Assignments to work activities made pursuant to an employability plan can be made to the extent that child care is available in accordance with the provisions of this Part and Part 415 of this Title. The social services official shall provide information to the applicant or recipient either orally or in writing, as appropriate, regarding child care and methods of payment for such care. (e) Social services officials may provide assessments which are more detailed and comprehensive than required by this section.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.6 – Page 5 Rev. 4/2025 Part B - Department Policy Assessment Overview All recipients who reside in households with dependent children and who are adults 18 years of age or older, and those children who are 16 and 17 years old who are not attending secondary school and have not completed high school or an equivalency program, must be assessed. The assessments for these individuals must be completed no later than 90 days from when the individual is determined eligible for Temporary Assistance (TA) (see Social Services Law [SSL] §335 and 18 NYCRR 385.6). All individuals who are subject to completing an assessment are required to comply with assessment requirements. As outlined in 18 NYCRR 385.10, districts are required to describe local assessment procedures in their biennial Temporary Assistance and Supplemental Nutrition Assistance Program (SNAP) Employment Plan, including when assessments are conducted and what information they collect. While districts are encouraged to provide assessments that are more detailed and comprehensive than what is required, the regulations list the seven required elements of an assessment at 18 NYCRR 385.6 subdivision (a)(2). Assessments must include, at a minimum, a review of an individual’s: • education level, including literacy and English language proficiency; • basic skills proficiency; • child care and other supportive service needs; • skills and prior work experience; • prior participation in education and training; • training and vocational interests; and, • family circumstances, including any special needs of a child. • eligibility for locally-available prenatal, infant and early childhood home visiting services. As described above, districts are required to complete employment assessments within 90 days of the date on which eligibility is determined for households with dependent children. However, districts are encouraged to complete the employment assessment as soon after an individual has applied for TA as is practicable and to thereafter reassess individual circumstances and work activity assignments as relevant changes occur, no less frequently than annually. Districts may choose to use the LDSS-4980, a locally developed assessment tool, the Welfare-to-Work Caseload Management System (WTWCMS) or New York City Work Accountability and You (NYCWAY) assessment functions to record the information gathered during the client assessment. Prior to the completion of the assessment, the district may assign the applicant or recipient to work activities.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.6 – Page 6 Rev. 4/2025 Districts are strongly encouraged to use WTWCMS to enter assessment and plan information as recommended in 11-ADM-06. The use of WTWCMS will simplify data entry and will support improved reporting capabilities. Data identifying that the assessment and/or employment plan have been completed is sent from the WTWCMS to the Welfare Reporting and Tracking System (WRTS) data base for reporting and tracking purposes. The benefits of utilizing WTWCMS allow for quick and easy access to client information among staff, as needed. When case maintenance is required, updates/changes can be made as needed to family composition, work history, child care needs and other supportive services. By using WTWCMS, all staff will see the latest updates. Failure of an individual to comply with completing an assessment may result in non-compliance proceedings and/or sanction as indicated in 385.11 and 385.12. An applicant who fails to comply with assessment requirements shall be ineligible for public assistance. A recipient who fails to comply with assessment requirements shall be subject to the provisions of sections 385.11 and 385.12. While conducting an assessment with a TA applicant or recipient, districts are required to consider whether the individual may be a candidate to receive voluntary parental, infant, and early childhood home visiting services. If they are eligible for such services and an appropriate home visiting program is available, the district worker should encourage participation and, if the client is interested, provide information and a referral. Districts must include the activity of home visiting in the individual’s Employment Plan (EP) and hours the client self-attests for participation in home visits shall count towards the individual's work requirement hours as part of the job search and job readiness work activity definition. If an individual who is participating in a home visiting program fails to comply with the activity, the district is not permitted to initiate a conciliation or impose a sanction, as the activity is voluntary. Employment Plan Based on the assessment, a written employment plan should be developed in consultation with the individual and should reflect the individual’s preferences whenever possible, consistent with the assessment. The employment plan is composed of seven sections and addresses all of the required plan elements including the supportive services the district will provide, the work activity assignment(s) and the individual’s employment goals. Additionally, the LDSS-4978 New York State Employment Plan includes a section to summarize an individual’s challenges and barriers as determined through the employment assessment and describes how the barriers are to be addressed. The Outcomes and Client Activity Assignment(s) sections of the employment plan record the actions taken once the employment assessment and employment plan have been completed, including recording why an individual’s preferences could not be accommodated, if applicable. Districts may choose to use the LDSS-4978 New York State Employment Plan, a locally developed plan or the WTWCMS or NYCWAY employment plan functions to facilitate the use of information collected through the employment assessment to develop appropriate

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.6 – Page 7 Rev. 4/2025 employment plans intended to help individuals achieve economic independence. Assignments to work activities must be made at district discretion after considering the ability of the district to attain its participation rate. If an individual’s preferences cannot be accommodated in the employment plan, the plan should record the reasons why. The district does not necessarily need an individual’s agreement with the finished plan but should strive to accommodate individual preferences where appropriate in order to increase success with meeting plan goals. The employment plan can be changed as needed as long as the local district informs the client in writing and provides thorough documentation in the case record. The client is not required to sign the employment plan under any circumstances, but may be encouraged to do so to indicate their participation in the development of the plan. Policy Releases • 11-ADM-06 New York State Employment Assessment • 09-INF-20 Countability of Job Search and Job Readiness Training Activities • 09-ADM-16 Enrollments in Educational Activities for Nonexempt Public Assistance Applicants and Recipients • 08-ADM-07 Implementation of Final Temporary Assistance for Needy Families (TANF) Rule • 10-INF-10 Temporary Assistance and Employment Program Requirements for Individuals 18 to 21 Years Old Residing With Their Parents • 23-ADM-09 Post Secondary Education Work Activity Amendments to Social Services Law (SSL) as Authorized in the 2023-24 State Budget • 23-ADM-10 Changes Authorized by Chapter 819 of the Laws of 2022 Regarding Home Visiting Services Desk Guides and Forms • LDSS-4978 - New York State Employment Plan • LDSS-4979 - New York State Employment Assessment And Employment Plan Guide • LDSS-4925 Employability code Desk Guide TANF and SNA MOE

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.6 – Page 8 Rev. 4/2025 Part C - Questions and Answers Q.1 When should an assessment be completed and how often should an individual be re- assessed after the initial assessment is completed? A.1. All TA recipients who reside in households with dependent children and who are adults 18 years of age or older, and those children who are 16 and 17 years old who are not attending secondary school and have not completed high school or an equivalency program, must be assessed within 90 days from when the individual is determined eligible for TA. Districts are encouraged to complete employment assessments as soon after an individual has applied for TA as is practicable and to thereafter reassess individual circumstances and activity assignments as circumstances warrant, no less frequently than annually. Q.2 Can the district sanction an individual who refuses to comply with a work activity assigned in accordance with the employability plan, e.g., basic education, but who is willing to do another work activity, such as work experience? A.2 Yes. If the district determines that the individual needs the activity assigned to reach self- sufficiency or the assignment is necessary for the district to meet its participation rate, then it can sanction the individual for refusing or failing to comply with the assignment. Of course, the procedure for conciliation must be followed (Section 385.11). Q.3 What happens to an applicant or recipient who fails willfully and without good cause to attend an assessment? A.3 Failure to comply with applicant assessment requirements results in denial of the TA application for the household. No conciliation is required. However, in those instances where the individual who failed to comply with applicant assessment requirements is not a legally responsible relative of another member of the assistance unit, only the individual should be denied (individual ineligible) TA. TA eligibility for the remaining household should be determined consistent with existing procedures. For example, a 19 year old individual who is residing with their parent and fails to comply with applicant assessment would be denied TA benefits, but the district would still determine the eligibility of the remaining household members who applied for TA. A TA recipient who fails to comply with an employment assessment must be offered conciliation and would be subject to an employment sanction in accordance with 18 NYCRR §385.12, in those instances where the district determines that the individual willfully and without good cause failed to comply with employment assessment requirements.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.6 – Page 9 Rev. 4/2025 Note: Unlike other employment sanctions which result in a prorata reduction in TA benefits, the change in TA benefits for the household when a non-legally responsible individual willfully and without good cause refuses or fails to comply with TA employment requirements other than applicant assessment or applicant job search would be an incremental reduction to remove the noncompliant individual from the TA budget. The district must notify the household of the employment sanction and the individual would be sanctioned from TA in accordance with the sanction progression for households with dependent children, if the household includes a dependent child or the sanction progression for households without dependent children, if the household does not include a dependent child as identified in 18 NYCRR §385.12. Essential persons receiving TA as part of a Family Assistance case would be considered to be residing in a household with dependent children for the purpose of determining the TA sanction progression under 18 NYCRR 385.12. A recipient who fails to comply with an assessment requirement is subject to the same conciliation and sanction as one who fails to comply with other work activity requirements. Q.4 Are districts permitted to conduct an employment assessment by telephone if conducting an in-person assessment is not feasible? A.4 Yes. Districts may conduct a staff-assisted assessment in person or by telephone.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual Section 385.7 – Page 1 Rev. 4/2025 Section 385.7 - Assessments and Employability Plans for Households Without Dependent Children Table of Contents Section 385.7 - Assessments and Employability Plans for Households Without Dependent Children ......................................................................................................................................... 1 Part A - The Regulations ........................................................................................................... 2 a) Assessments .................................................................................................................. 2 b) Employability plan ........................................................................................................... 3 Part B - Department Policy ........................................................................................................ 5 Assessment Overview ........................................................................................................... 5 Employment Plan ................................................................................................................... 6 Policy Releases ..................................................................................................................... 7 Desk Guides/Forms ............................................................................................................... 7 Part C - Questions and Answers ............................................................................................... 8

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual Section 385.7 – Page 2 Rev. 4/2025 Part A - The Regulations a) Assessments 1) To the extent that resources are available, the social services official shall conduct an assessment of employability for applicants and recipients in households without dependent children who are not exempt from assignment to work activities in accordance with the provisions of section 385.2 of this Part. 2) Such assessment shall be conducted within a reasonable period of time, but in any case shall be conducted within a year following a recipient's application for safety net assistance. 3) Such assessment shall include, but not be limited to, a review of the individual's: i) educational level, including literacy and English language proficiency; ii) basic skills proficiency; iii) supportive service needs; iv) skills and prior work experience; v) prior participation in education and training; vi) training and vocational interests; and vii) family circumstances. 4) The social services official shall encourage and may require a nonexempt recipient who has not attained a basic literacy level and who is not subject to the educational requirements of section 385.9 of this Part to enroll in a basic literacy program, high school equivalency program or other educational program in combination with other work activities. Any such assignment shall be consistent with the employability plan prepared pursuant to subdivision (b) of this section. Basic literacy level for purposes of paragraph (4) of this subdivision is defined as a literacy level equivalent to the ninth grade. i) (Such basic literacy level for nonexempt recipients of public assistance who have not obtained a high school diploma or the equivalent shall be established based on a test for basic literacy level as determined appropriate by the Education Department.Basic literacy level for purposes of paragraph (4) of this subdivision is defined as a literacy level equivalent to the ninth grade. ii) Such basic literacy level for nonexempt recipients of public assistance who have not obtained a high school diploma or the equivalent shall be established based on a test for basic literacy level as determined appropriate by the Education Department. 5) The social services official shall offer the option and may require a nonexempt recipient who has achieved a basic literacy level as defined in subparagraph (4)(i) of this subdivision, but has not attained a high school diploma or the equivalent and who is not

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual Section 385.7 – Page 3 Rev. 4/2025 subject to the educational requirements of section 385.9 of this Part to enroll in an educational program designed to improve the individual's literacy level and/or prepare the individual for attainment of a high school diploma or the equivalent in combination with other work activities as appropriate. Any such assignment shall be consistent with the employability plan prepared pursuant to subdivision (b) of this section. 6) An applicant or recipient may be assigned to work activities in accordance with the provisions of this Part prior to the completion of an assessment. 7) Applicants and recipients are required to participate in an assessment as assigned by the social services official. i) An applicant who fails to comply with assessment requirements shall be ineligible for public assistance, provided, however, that the term applicant means the entire applicant household. ii) A recipient who fails to comply with assessment requirements shall be subject to the provisions of sections 385.11 and 385.12 of this Part. a) Employability plan 1) Based upon the assessment required pursuant to this section, an employability plan shall be developed in writing and in consultation with the recipient, which shall set forth: i) services that will be provided, including supportive services; ii) work activities to which the individual will be assigned; and iii) the individual's employment goal. 2) The plan shall take into account the individual's: i) supportive service needs; ii) available program resources; iii) local employment opportunities; and iv) if the recipient is assigned to an education program, the appropriateness of the educational activity based on the assessment completed pursuant to subdivision (a) of this section and the recipient's liability for student loans, grants and scholarship awards; and v) the recipient's participation in prior education and training activities. 3) Notwithstanding the requirements of paragraph (2) of this subdivision, in developing an employability plan for an individual the social services official must consider the need of the social services district to meet State work activity participation rates before completing an individual's employability plan. 4) Participation in an educational and/or vocational training program, that includes but is not limited to, a two-year post-secondary degree program, which is necessary for the participant to attain their individual employment goal and is likely to lead to a degree or

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual Section 385.7 – Page 4 Rev. 4/2025 certification and sustained employment, shall be approved consistent with such individual’s assessment and employability plan to the extent that such approval does not jeopardize the State’s ability to comply with federal work participation rates. b) The social services official shall use designated trained staff or providers with demonstrated effectiveness in assessment and employability development to prepare the assessments and plans required by this section. c) Social services officials may provide assessments which are more detailed and comprehensive than required by this section.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual Section 385.7 – Page 5 Rev. 4/2025 Part B - Department Policy Assessment Overview Districts must assess nonexempt Safety Net Assistance recipients who are part of a household without dependent children within one year of the date of application for safety net assistance. The assessment process includes the requirements of paragraph(a)(3) of the regulations. The district’s assessment process must be documented in the local employment plan (see section 385.10). An employment assessment for all non-exempt adults in households without dependent children is required to be completed no later than a year following the recipient’s application for Safety Net Assistance (see SSL §335-a, and 18 NYCRR §385.7) to the extent that resources are available. All adults (exempt and non-exempt) in households without dependent children applying for or receiving Safety Net Assistance may be required to comply with employment assessment requirements. Districts describe local assessment and employment plan procedures in their Biennial Temporary Assistance and Supplemental Nutrition Assistance Program (SNAP) Employment Plan, including when assessments are conducted and what information they collect. While districts are encouraged to provide assessments that are more detailed and comprehensive than what is required, the regulations list the seven required elements of an assessment at subdivision (a)(3). Assessments must include, at a minimum, a review of an individual’s: • education level, including literacy and English language proficiency; • basic skills proficiency; • supportive service needs; • skills and prior work experience; • prior participation in education and training; • training and vocational interests; and • family circumstances.

As described above, districts are required to complete employment assessments within one year of application for households without dependent children. However, districts are encouraged to complete the employment assessment as soon after an individual has applied for Safety Net Assistance as is practicable and to thereafter reassess individual circumstances and work activity assignments as relevant changes occur, no less frequently than annually. Districts may choose to use the LDSS-4980 New York State Employment Assessment Tool, a locally developed assessment tool, or the Welfare-to-Work Caseload Management System (WTWCMS) or New York City Work Accountability and You (NYCWAY) assessment functions to record the information gathered during the client assessment. Prior to the completion of the assessment the district may assign the applicant or recipient to work activities. Districts are strongly encouraged to use WTWCMS to enter assessment and plan information as recommended in 11-ADM-06 New York State Employment Assessment. The use of WTWCMS will simplify data entry and will support improved reporting capabilities. Data

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual Section 385.7 – Page 6 Rev. 4/2025 identifying that the assessment and/or employability plan have been completed is sent from the WTWCMS to the Welfare Reporting and Tracking System (WRTS) database for reporting and tracking purposes. The benefits of utilizing WTWCMS will allow for quick and easy access to client information among staff as needed. When case maintenance is required, updates/changes can be made as needed to family composition, work history and other supportive services. By using WTWCMS, all staff will see the latest updates. Failure to comply with the assessment may result in non-compliance proceedings and/or sanction. An applicant who fails to comply with assessment requirements shall be ineligible for Safety Net Assistance. A recipient who fails to comply with assessment requirements shall be subject to the provisions of sections 385.11 and 385.12. Employment Plan Based on the assessment, a written employment plan should be developed in consultation with the client and should reflect the individual’s preferences whenever possible, consistent with the assessment. An employment plan is developed for each individual that is assessed but in determining work activity assignments, the social services district must give priority to the needs of the district to meet the prescribed participation rate. Districts may choose to use the LDSS-4978 New York State Employment Plan, a locally developed plan or the WTWCMS or NYCWAY employment plan functions to facilitate the use of information collected through the employment assessment to develop appropriate employment plans intended to help individuals achieve economic independence through employment. The employment plan is composed of seven sections and addresses all of the required employment plan elements including the supportive services the district will provide, the work activity assignment(s) and the individual’s employment goal. Additionally, the LDSS-4978 New York State Employment Plan includes a section to summarize an individual’s challenges and barriers as determined through the employment assessment and describe how the barriers are to be addressed. The Outcomes and Client Activity Assignment(s) sections record the actions taken once the employment assessment and employment plan have been completed, including recording why an individual’s preferences could not be accommodated, if applicable. Assignments to work activities must be made at district discretion after considering the ability of the district to attain its participation rate. If the recipient’s preferences cannot be accommodated in the employment plan, the plan should record the reasons why. The district does not necessarily need client agreement with the finished plan but should strive to accommodate client preferences where appropriate in order to increase client’s success with meeting plan goals. The employment plan can be changed as needed as long as the local district informs the client in writing.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual Section 385.7 – Page 7 Rev. 4/2025 Policy Releases • 11-ADM-06: New York State Employment Assessment • 09-INF-20: Countability of Job Search and Job Readiness Training Activities • 09-ADM-14: Employment Assessments for Exempt Public Assistance Applicants and Recipients in Households Without Dependent Children • 09-ADM-16: Enrollments in Educational Activities for Nonexempt Public Assistance Applicants and Recipients • 23-ADM-09 Post-Secondary Education Work Activity Amendments to Social Services Law (SSL) as Authorized in the 2023-24 State Budget Desk Guides/Forms • LDSS-4978 - New York State Employment Plan • LDSS-4979 - New York State Employment Assessment And Employment Plan Guide • LDSS-4926 - Employability Code Desk Guide SNA non-Moe • 10-INF-10 Temporary Assistance and Employment Program Requirements for Individuals 18 to 21 Years Old Residing With Their Parents

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual Section 385.7 – Page 8 Rev. 4/2025 Part C - Questions and Answers Q.1 Can the district sanction an individual who refuses to comply with a work activity assigned in accordance with the employment plan, e.g., basic education, but who is willing to do another work activity, such as work experience? A.1 Yes. If the district determines that the individual needs the activity assigned to reach self- sufficiency or the assignment is necessary in meeting the district’s participation rate, then it can sanction the individual for refusing or failing to comply with the assignment. Of course, the procedure for conciliation must be followed (Section 385.11). Q.2 What happens to an applicant or recipient who fails willfully and without good cause to attend an assessment? A.2 Failure to comply with applicant assessment requirements results in denial of the TA application for the household. No conciliation is required. However, in those instances where the individual who failed to comply with applicant assessment requirements is not a legally responsible relative of another member of the assistance unit, only the individual should be denied (individual ineligible) TA. TA eligibility for the remaining household should be determined consistent with existing procedures. For example, a 19 year old individual who is residing with their parent and fails to comply with applicant assessment would be denied TA benefits, but the district would still determine the eligibility of the remaining household members who applied for TA. A TA recipient who fails to comply with an employment assessment must be offered conciliation and would be subject to an employment sanction in accordance with 18 NYCRR §385.12, in those instances where the district determines that the individual willfully and without good cause failed to comply with employment assessment requirements. Note: Unlike other employment sanctions which result in a prorata reduction in TA benefits, the change in TA benefits for the household when a non-legally responsible individual willfully and without good cause refuses or fails to comply with TA employment requirements other than applicant assessment or applicant job search would be an incremental reduction to remove the noncompliant individual from the TA budget. The district must notify the household of the employment sanction and the individual would be sanctioned from TA in accordance with the sanction progression for households with dependent children, if the household includes a dependent child or the sanction progression for households without dependent children, if the household does not include a dependent child as identified in 18 NYCRR §385.12. Essential persons receiving TA as part of a Family Assistance case would be considered to be residing in a household with dependent children for the purpose of determining the TA sanction progression under 18 NYCRR 385.12. A recipient who fails to comply with an assessment requirement is subject to the same conciliation and sanction as one who fails to comply with other work activity requirements. Q.3 Are districts permitted to conduct an employment assessment by telephone if conducting an in-person assessment is not feasible?

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual Section 385.7 – Page 9 Rev. 4/2025 A.3 Yes. Districts may conduct a staff-assisted assessment in person or by telephone.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.8- Page 1 Rev. 3/2022 Section 385.8 - Participation Rate Requirements Table of Contents Section 385.8 - Participation Rate Requirements ....................................................................... 1 Part A - The Regulations ........................................................................................................ 2 a) Participation rates for all families with dependent children receiving Federal temporary assistance for needy families. ............................................................................................. 2 b) Participation rate for two-parent families with dependent children receiving Federal temporary assistance for needy families. ............................................................................ 3 c) Participation rate for all families without dependent children and all families with dependent children which are receiving safety net assistance excluding those receiving Federal temporary assistance for needy families benefits. .................................................. 4 Part B - Department Policy ..................................................................................................... 7 Overview ............................................................................................................................. 7 TANF/SNA MOE All Families Participation Rate Policy ......................................................10 TANF/SNA MOE Two Parent Families Participation Rate Policy ........................................14 Safety Net Assistance Household Without Dependent Children (SNA non-MOE) Participation Rate Policy ....................................................................................................17 Part C - Questions and Answers ............................................................................................20

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.8- Page 2 Rev. 3/2022 Part A - The Regulations a) Participation rates for all families with dependent children receiving Federal temporary assistance for needy families. 1) The minimum number of families in each month for which at least one adult or minor child head of household must be engaged in work as defined in paragraph (2) of this subdivision must be as follows: i) for Federal fiscal year 1997: 25 percent of the number of cases; ii) for Federal fiscal year 1998: 30 percent of the number of cases; iii) for Federal fiscal year 1999: 35 percent of the number of cases; iv) for Federal fiscal year 2000: 40 percent of the number of cases; v) for Federal fiscal year 2001: 45 percent of the number of cases; and vi) for Federal fiscal year 2002 and thereafter: 50 percent of the cases. 2) A member of a household shall be engaged in work if such member is participating in the work activities listed in paragraph (3) of this subdivision for at least the number of hours per week, averaged monthly, as specified in subparagraphs (i) through (iii)of this paragraph, provided, however, that a recipient who is the only parent or caretaker relative in the family of a child who has not attained six years of age is deemed to be engaged in work for a month if the recipient is engaged in work for an average of at least 20 hours per week during the month. i) for Federal fiscal years 1997 and 1998: 20 hours; ii) for Federal fiscal year 1999: 25 hours; and iii) for Federal fiscal years 2000 and thereafter, 30 hours. 3) An individual participating in the work activities identified in section 385.9(a)(1)- (8) and (12) of this Part for the first 20 hours per week, shall be deemed to be engaged in work as allowed by Federal law. 4) An individual participating in work activities identified in section 385.9(a)(1)-(12) of this Part shall be deemed to be engaged in work for the required hours above 20 hours. 5) A recipient who is married or a head of household and has not attained 20 years of age is deemed to be engaged in work for a month if the recipient: i) maintains satisfactory attendance at secondary school or the equivalent during the month; or ii) participates for an average of at least 20 hours per week during the month in education directly related to employment as set forth in section 385.9(a)(10) of this Part. 6) Calculation of the rate.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.8- Page 3 Rev. 3/2022 i) Denominator. Each month the commissioner shall determine the number of cases receiving Federal temporary assistance to needy families. (a) Such count shall exclude those cases deemed to be child-only cases in accordance with the provisions of this Title, and for which the social services official has determined an adult to be exempt in accordance with the provisions of section 385.2(b)(7)(i) of this Part regarding caretakers of children under 12 months of age; (b) Such count shall also exclude for a period not to exceed three months in each 12-month period all cases in which the parent or caretaker has been sanctioned in accordance with the provisions of section 385.12(d)(1) of this Part. ii) Numerator. The commissioner shall count monthly the number of cases in which at least one adult or minor child head of household has engaged in work as defined by this section. Such count shall be the numerator of the calculation. iii) The commissioner shall calculate the rate monthly by dividing the numerator by the denominator. 7) Such calculation shall be consistent with Federal law and shall apply unless a different rate is imposed by the Federal government; in such instance the commissioner shall establish a rate based upon a methodology consistent with Federal law. b) Participation rate for two-parent families with dependent children receiving Federal temporary assistance for needy families. 1) The minimum number of families in each month for which the parent or parents must be engaged in work as defined in paragraph (2) of this subdivision must be as follows: i) for Federal fiscal years 1997 and 1998: 75 percent of the number of families; ii) for Federal fiscal year 1999 and thereafter: 90 percent of the number of families. 2) For Federal fiscal year 1997 and thereafter, a parent or both parents in a two-parent family shall be engaged in work if either or both parents are deemed to be participating in the work activities listed in this paragraph for at least the number of hours per week, averaged monthly, as specified in subparagraphs (i) and (ii) of this paragraph and as limited by Federal law: i) if no Federally funded child care is made available to the family, one or both parents for a total of 35 hours not fewer than 30 hours per week of which are attributable to an activity described in section 385.9(a)(1)-(8) or (12) of this Part; ii) if Federally funded child care is provided to the family, both parents for a total of 55 hours, not fewer than 50 hours per week of which are attributable to an activity described in section 385.9(a)(1)-(8) or (12) of this Part;

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.8- Page 4 Rev. 3/2022 iii) a parent or both parents participating in work activities identified in section 385.9(a)(1)-(12) of this Part shall be deemed to be engaged in work for the required hours above the 30 hours and 50 hours set forth in subparagraphs (i) and (ii) of this paragraph. 3) Calculation of the rate. i) Denominator. Each month the commissioner shall determine the number of two- parent families in which such parents have a child in common (includes spousal relationship and non-legal union with child in common) receiving Federal temporary assistance to needy families. (a) Such count shall exclude those cases in which one adult is disabled, ill or incapacitated in accordance with the provisions of section 385.2 of this Part. (b) Such count shall exclude those active cases in which one or both adult members are sanctioned pursuant to section 385.12 of this Part; provided, however, that such exclusion shall not exceed three months in any 12 month period. ii) Numerator. The commissioner shall count monthly the number of cases in which a parent or both parents are engaged in work as defined by this section. Such count shall be the numerator of the calculation. iii) The commissioner shall calculate the rate monthly by dividing the numerator by the denominator. c) Participation rate for all families without dependent children and all families with dependent children which are receiving safety net assistance excluding those receiving Federal temporary assistance for needy families benefits. 1) For all families for each month in which at least one parent is not exempt in accordance with the provisions of section 385.2 of this Part, the percentage of families for which at least one adult or minor child head of household must be engaged in work as defined in paragraph (2) of this subdivision must be as follows: i) for Federal fiscal years 1997 and 1998: 75 percent of the number of families; ii) for Federal fiscal year 1999 and thereafter: 90 percent of the number of families. 2) For Federal fiscal year 1997 and thereafter, the adults in a family without dependent children or one or both parents in a family with dependent children shall be deemed to be engaged in work if such members are participating in the work activities listed in paragraph (3) of this subdivision for a total of at least the number of hours per week, averaged monthly, as specified in subparagraphs (i) through (iii) of this paragraph, or otherwise participating as defined by subparagraphs (iv) through (ix) of this paragraph. i) In the case of one parent families with dependent children:

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.8- Page 5 Rev. 3/2022 (a) for Federal fiscal years 1997 and 1998: 20 hours; (b) for Federal fiscal year 1999: 25 hours; and (c) for Federal fiscal years 2000 and thereafter, 30 hours. ii) In the instance of two-parent families where child care is provided, one or both adults or parents for a total of 55 hours. iii) In the instance of adults in families without dependent children or parents in two- parent families where child care is not provided or one parent is caring for a disabled child, one or both adults or parents for a total of 35 hours. iv) The individual has been called in by the social services official for a referral or assignment to a work activity identified in paragraphs (3) through (8) of this subdivision, has failed to report, and to whom a conciliation notice has been sent. v) The individual has been assigned to a work activity identified in paragraphs (3) through (8) of this subdivision; provided, however, that such individual shall be considered engaged in work only during the month in which such assignment is made. vi) The individual has been referred to a work activity identified in paragraphs (3) through (8) of this subdivision for the purpose of an interview and possible assignment to such activity; provided, however, that the individual will be considered engaged in work only during the month in which such referral is made. vii) The individual has been sent a conciliation notice for failure to participate in a work activity identified in paragraphs (3) through (8) of this subdivision and such participation would have met the hourly requirements identified in this subdivision for being engaged in work. viii) The individual has been sent a timely and adequate notice of intent to discontinue public assistance for the failure to comply with the requirements of this Part and such notice has yet to take effect. ix) The individual has requested a fair hearing in accordance with the requirements of this Part and Part 358 of this Title, the results of which have not been provided to the social services official. 3) An adult in a single parent family participating in the work activities identified in section 385.9(a)(1)-(8) and (12) of this Part for the first 20 hours per week, shall be deemed to be engaged in work. 4) An adult in a single parent family participating in work activities identified in section 385.9(a)(1)-(12) of this Part shall be deemed to be engaged in work for the required hours above 20 hours. 5) One or both parents in a two-parent family participating in the work activities identified in section 385.9(a)(1)-(8) and (12) of this Part for the first 30 hours per week, shall be deemed to be engaged in work.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.8- Page 6 Rev. 3/2022 6) A parent or both parents in a two-parent family participating in work activities identified in section 385.9(a)(1)-(12) of this Part shall be deemed to be engaged in work for the required hours above 30 hours. 7) All adults in a family without dependent children participating in the work activities identified in section 385.9 (a)(1)-(5) of this Part for the first 30 hours per week, shall be deemed to be engaged in work. 8) All adults in a family without dependent children in work activities identified in section 385.9(a)(1)-(12) of this Part shall be deemed to be engaged in work for the required hours above 30 hours. 9) Calculation of the rate. i) Denominator. Each month the commissioner shall determine the number of households receiving safety net assistance in which there is a nonexempt adult. ii) Numerator. The commissioner shall count monthly the number of adult individuals that are engaged in work as defined by this section. Such count shall be the numerator of the calculation. iii) The commissioner shall calculate the rate monthly by dividing the numerator by the denominator. 10) Notwithstanding the requirements of this subdivision, the commissioner may identify those individuals or families who are participating in work experience to the fullest extent possible based on the limitation to maximum hours required as set forth in section 385.9 of this Part and deem them to be engaged in work for the purpose of calculating the participation rate. 11) Notwithstanding the requirements of this subdivision, an individual who is work limited shall be deemed to be engaged in work and, therefore, count in the numerator if such individual is assigned to a work activity identified in paragraph (7) of this subdivision for a number of hours determined by the social services official after taking into consideration such limitations. 12) For the purposes of this subdivision, an individual who is work limited due to an impairment related to alcohol or substance abuse shall not be deemed engaged in work solely by participating in an alcohol or substance abuse treatment program unless such individual is engaged in a work activity as a part of such treatment program.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.8- Page 7 Rev. 3/2022 Part B - Department Policy Overview Federal and State law require minimum participation rate requirements for recipients of each category of Temporary Assistance (TA). This section describes the minimum participation requirements that districts must attain for each TA case type. Districts should assign individuals to appropriate activities for up to 40 hours weekly and provide the necessary supportive services to help them to advance economically, while at the same time being mindful of the need to meet participation rates. Temporary Assistance for Needy Families (TANF) cases are assigned case types 11 and 12. Cases that have exhausted the 60-month TANF time limit transition to Safety Net Assistance Maintenance of Effort (SNA MOE) are identified as case type 16 and/or 17 with a State and federal charge code of 60, 63 or 64. Safety Net non-MOE cases are households without dependent children and are assigned case type 16 and 17. Failure to meet the effective federal All Families work participation rate, which includes TANF and SNA MOE cases, would expose the State and districts to the risk of significant federal fiscal penalties. Required Rates: • TANF/SNA MOE All Families: 50% (minus applicable caseload reduction and excess MOE credits) • SNA non-MOE: 50% • TANF/SNA MOE Two Parent Families: 90% (Not Currently Applicable) Universe: Denominator cases for each participation rate will be selected from the universe for the case types included in each rate. The TANF and SNA MOE universes include all cases that receive TANF/SNA MOE funded "assistance" issued in the month and for the current or future month. Similarly, the SNA non-MOE universe includes all cases that receive SNA non-MOE funded “assistance” issued in the month for the current or future month, excluding non-disabled two-parent families with dependent children. A case is generally considered to have received “assistance” by having received a payment type intended to meet the ongoing basic needs of the household, as opposed to meeting transitory or emergency needs. The payment types meeting this definition, and additional information about the distinctions between assistance and non-assistance are detailed in 09 ADM 04 (which effectively replaced 99 ADM-7), 03 INF 35, and GIS 07 TA/WMS006). An assistance payment to an SNA case is designated as SNA MOE when an individual in the case has a State Federal Charge code of 60 (MOE alien), 63 or 64 (State time limit), except when that payment is to a non-disabled two-parent case with dependent children.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.8- Page 8 Rev. 3/2022 Denominator for federal All Families: For TANF/SNA MOE, the participation rate denominator is the number of cases headed by an adult or minor head of household in the TANF or SNA MOE universe for the month, without regard to employability status, that remain after cases have been removed due to federal exclusions, which are detailed below. An adult is defined as an active recipient of TA, who is above the age of 17, or is a 16 or 17-year old individual who has completed High School or its equivalency. Denominator for State SNA non-MOE: For SNA non-MOE, the denominator is the number of SNA non-MOE universe cases with an adult, without regard to employability status. For this purpose, an adult is an active recipient of an assistance payment, with an Individual Disposition Status or 07, 10 or 17. There are no adjustments to the SNA non-MOE denominator related to sanction process or caretaker status. Numerator: Represents the cases (individuals for SNA non-MOE) that are participating in a manner sufficient to be included in the participant counts. Countable hours of participation include projected actual (scheduled) hours for paid activities but only actual hours for all unpaid work activities. For SNA non-MOE the numerator also includes the engagement process for limited timeframes. Assignment to Work Activities: Assessing all adults in a comprehensive manner and assigning them to appropriate activities enhances their movement toward self-sufficiency and concurrently ensures that the local district and State achieve the required federal participation rates and avoid significant federal fiscal penalties. Discretion in Making Assignments: Local districts have discretion in making work activity assignments that expedite an individual’s transition to work. Local districts are encouraged to make assignments that address individual needs and self-sufficiency goals and at the same time attain participation rates, to the extent possible. Minimum Participation Guidelines: State and federal regulations establish minimum requirements for engagement in countable work activities for a certain number of hours weekly in order to achieve countability. However, countability does not represent the standard for achieving maximum participation. The goal should be to attain full engagement (up to 40 hours weekly) for all adults. Level of Participation: Employment staff should determine the length and level of client participation in work activities best aligned with the goal of achieving self-sufficiency for that client, within State guidelines. Nonexempt clients may be assigned to one or more work activities for up to 40 hours per week. Work Experience Activity: Work experience participants cannot be required to participate, on a monthly basis, more than the number of hours derived by dividing the total TA grant plus SNAP benefit by the federal or State minimum wage, whichever is higher. Weekly hours of participation are then derived by dividing that number by 4.333. When the maximum number of work experience hours weekly is less than twenty the federal reporting methodology allows the State to deem those hours to meet the requirement of 20 hours in a core activity. Subsequently, any hours of participation in other activities are added to the deemed 20 hours towards achieving the 30-hour weekly standard for those single parent family cases without a child under

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.8- Page 9 Rev. 3/2022 the age of 6. For SNA non-MOE, OTDA has determined that the deeming provision also applies towards the 20-hour core requirement and towards the 35-hour weekly requirement. Assigning Activities above the Minimum: District staff should assign clients to work activities for more than the minimum number of hours necessary to count, up to the maximum 40 hours allowed, and consistent with the client assessment. Assigning clients to more than the minimum number of hours necessary for the activity to be countable increases local district ability to attain participation rates in the event that the client does not participate fully, as scheduled. This practice also prepares clients for meeting the expectations of full-time employment. Participation Rate Reporting: Timely and accurate data entry into the Welfare-To-Work Caseload Management System (WTWCMS) is critical for participation rates to be accurately calculated for official reporting purposes and depicted on the Participation Reports available through the Welfare Reporting Tracking System (WRTS), Cognos and the Commissioners’ Dashboard. Districts can maximize participation rates by: • choosing activities for the client that are countable whenever possible, cognizant of the plan for self-sufficiency; • assigning activities for sufficient hours to ensure countable status; • ensuring cases eligible for federal exclusions are properly coded as such; • properly employing payment type codes so that codes designating assistance are not used for situations that are not related to case ongoing needs; • monitoring data entered onto WTWCMS for accuracy by utilizing WRTS and COGNOS reports as well as WTWCMS listings to ensure that staff follows proper reporting protocol; • entering information on WTWCMS on a timely basis, soon after activities and actions take place, but no later than the 15th of the month following the report month. This will also ensure that accurate data is available in WRTS when reports are generated which typically occurs on the 15th. Job search and job readiness weekly enrollments, however, must be entered on WTWCMS during the week to be properly included on the WRTS tracking system. Vocational education enrollments must be entered during the actual month. The time limits for Job Search/job readiness weekly time limits and Vocational Education are explained below; and • conducting appropriate overrides in the WTRK43– PA TRACKING OVERRIDE INPUT screen when errors occur such as, when activities that contain a time limit maintained by tracking logic reported through WRTS (for further details please see section 385.16) are entered incorrectly into WTWCMS, Child caretaker months are incorrectly reported by an incorrect assignment of employability code 31 (Parent or Caretaker Relative of a Child in the Household Under 12 Months of Age/Exempt), or when sanction months track for an imposed sanction that must be removed due to a fair hearing result or other reason.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.8- Page 10 Rev. 3/2022 Countable Hours for Participation: Only actual hours of participation equal to or exceeding the minimum required hours for the case, averaged weekly during the month, will trigger inclusion in the applicable numerator. For paid activities actual hours will override projected actual (scheduled) hours when entered on a timely basis but should only be entered in instances for which the actual hours are greater than scheduled hours and constitute countable status. Actual hours include: • actual hours of participation in countable unpaid work activities; • actual, projected actual, or scheduled hours in paid work activities; • limited excused absences from participation in countable work activities; • limited holidays; • limited supervised and unsupervised study time for individuals enrolled in education and training when the study time is an integral part of the program (limited to the documented hours expected by the program not to exceed the number of classroom hours); and • paid leave for employed individuals. Additionally, for SNA non-MOE only, countable participation may also include individuals: • referred to activities, within the report month, that would constitute participant status; • in conciliation within the report month or prior three months for noncompliance with an activity that would constitute participant status; • referred for noncompliance, within the report month or prior three months, for not participating in activities that would constitute participant status; • referred for sanction, within the report month or prior three months, for not participating in activities that would constitute participant status; or • participating in countable activities for the required number of hours averaged weekly during the month, including work limited individuals participating in accordance with their limitations. TANF/SNA MOE All Families Participation Rate Policy All Families Denominator: The TANF/SNA MOE All Families denominator is comprised of the total number of cases receiving TANF/SNA MOE funded assistance, excluding the following: • Child only cases in which the adult is present but not actively receiving TANF/SNA MOE assistance for any reason other than failure to comply with TANF/SNA MOE work requirements;

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.8- Page 11 Rev. 3/2022 • True single parent families in which the parent or single caretaker relative is providing care for a child under one year of age (subject to a 12-month lifetime limit) and demonstrated as being exempted by assigning an employability code of 31; • Cases in which an adult is sanctioned but for no more than three months during the preceding 12-month period unless an adult is participating in a manner that counts for the All Families rate; • Cases in which the only active adult(s) is a parent and is/are needed in the home to care for an incapacitated household member and assigned employability code “38” (note that cases which contain more than one active adult remain in the denominator); and • Cases that do not have a work eligible individual are not included in the denominator. A “work-eligible individual” as defined at 45 CFR §261.2(n) includes adults (or minor child heads of household) who are receiving assistance funded by federal TANF or State/local MOE funds. These individuals may be exempt or nonexempt from participation in work activities under State rules, however, such individuals will nonetheless be included as a “work-eligible individual”, unless otherwise excluded by the Final TANF rule. The term “work-eligible individual” also includes a non-recipient parent living with a child who is receiving assistance, unless the parent is: • a minor parent and not the head of household; • a non-citizen who is ineligible to receive assistance due to his or her immigration status; • providing full-time care for a disabled family member living in the home based on medical documentation to support the need for the parent to remain in the home to care for that family member; • a Parent recipient of Supplemental Security Income (SSI) benefits; or • a Parent recipient of Social Security Disability Insurance (SSDI) benefits. As such, the denominator may include cases where there is an-exempt adult in the case, when the employment exemption(s) is other than those exemptions noted above. Note: In the instance of a case in which there is an adult participating in a countable manner, the state-level reporting process will include the case in the all families denominator and numerator regardless of any federal exclusions that might have otherwise applied. All Families Numerator: The TANF/SNA MOE All Families numerator is comprised of the number of cases in which at least one adult or minor head of household is participating in countable activities for at least the minimum required number of hours averaged weekly during the month required for the household. The table below outlines the minimum number of hours averaged weekly during the month necessary to meet rate requirements:

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.8- Page 12 Rev. 3/2022 Who Participates Minimum Participation A true single parent family, custodial parent, or caretaker relative with a child under six years of age 20 hours average weekly during the month All other single custodial parents or caretaker relatives with a dependent child 6+ (includes pregnant singles) whether the adult is work limited or exempt. This includes one parent in two parent families in which one parent is disabled and the case is treated like a single parent family (employability codes 24, 36, 41, 42, 43, 44, 47, 49, 54, 63, or 70). 30 hours average weekly during the month Regardless of whether the case has a participation requirement of 20 or 30 hours, at least 20 hours of participation must be in an activity defined as counting fully (see below). Activities counting fully are also referred to a “core” activities and consist of work or work-like activities, or certain time-limited job seeking or preparation activities. For cases that require more than 20 hours of participation to meet the rate, hours in activities besides the core activities can be added to meet the additional hours requirement. Note: Two parent family cases in which neither parent is disabled are systemically shifted to SNA non-MOE, and thus are not part of the All Families participation rate. All other two parent family cases are included in the All Families participation rates. Activities That Count Towards Participation: For TANF/SNA MOE All Families participation rate purposes countable work activities are classified as one of the following categories: • Counts fully; • Counts fully but for only 6/12 weeks (180/360 hours) during each federal fiscal year; • Counts fully but for only 12 months lifetime; or • Counts but only toward hours above 20. Counts Fully: Actual hours of participation in the following work activities count fully: • Unsubsidized employment* • Subsidized private sector employment* • Subsidized public sector employment*

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.8- Page 13 Rev. 3/2022 • Work experience (either actual hours or deemed participation based on a capped number of hours derived by dividing the total of the TA grant and SNAP allotment divided by the State minimum wage) • On-the-job training* • Community service • Childcare provider for community service participant • High school or equivalent for married teens or teen head of households (employability code 17) (under 20) who:  maintain satisfactory attendance at secondary school or the equivalent; or  participate for at least 20 hours per week in education directly related to employment. * Projected actual (scheduled) hours count for paid employment activities. Counts Fully but for only 6/12 (Needy State-180/360 hours) Weeks During previous 12- month period: Participation in the following work activities count fully but is limited to a combined 6 weeks (180 hours) during the previous 12-month period, unless the State is currently designated as a “needy state”, in which case the number of allowable weeks in the 12- month period is extended to 12 weeks (360 hours): • Job search • Job readiness training • Substance abuse treatment • Treatment other than substance abuse New York State is considered a “needy state” by the United States Department of Health and Human Services (HHS) agency when the following conditions are met: • The average rate of total unemployment (seasonally adjusted) for the most recent 3- month period for which data are published for all States equals or exceeds 6.5 percent; and The average rate of total unemployment (seasonally adjusted) for such 3-month period equals or exceeds 110 percent of the average rate for either (or both) of the corresponding 3-month periods in the two preceding calendar years; or • The Secretary of Agriculture has determined that the average number of individuals participating in the Supplemental Nutrition Assistance Program (SNAP) in the State has grown at least 10 percent in the most recent 3-month period for which data are available.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.8- Page 14 Rev. 3/2022 Counts Fully but for only 12 Months Lifetime: Participation in vocational education counts fully but is limited to a maximum of 12 months total during the individual’s lifetime receipt of assistance (TANF/SNA MOE or SNA non-MOE). Counts only Toward Hours Above 20: Countable participation in the following work activities is limited to hours above 20 hours weekly, only, to achieve the 30-hour threshold: • Job skills training • Education training, including:  Adult basic education (ABE)  Literacy training  English as a second language (ESL)  High school or equivalent Hours of participation in these activities count only when the hours are added to actual hours of countable participation above 20 hours weekly in core (fully countable or time-limited fully countable) activities. TANF/SNA MOE Two Parent Families Participation Rate Policy (Note: Currently, this rate does not apply in New York State. See #7 in Q&A section below for additional information) Two Parent Family: For participation rate purposes a two-parent family is defined as a case that includes two parents who are in receipt of TANF/SNA MOE funded assistance, where neither parent is disabled (see below for the employability codes defining disabled). The two- parent family definition includes cases in which one or both parents are sanctioned for failure to comply with TANF/SNA MOE work requirements. Parent is defined as an individual with a spousal relationship with or without a child in common or non-legal union with a child in common (does not include pregnancy). TANF/SNA MOE Two Parent Denominator: The TANF/SNA MOE Two Parent Families denominator is comprised of the total number of cases with two parents who are receiving TANF/SNA MOE funded assistance, excluding the following: • Two parent families in which one of the parents in the household is not in receipt of TANF/SNA MOE funds for any other reason than a failure to comply with TANF/SNA MOE work requirements; • Two parent families in which both parents are in receipt of TANF/SNA MOE funds but one or both is disabled (assigned the employability codes of 24, 36, 41, 42, 43, 44, 47,

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.8- Page 15 Rev. 3/2022 49, 54, 63, or 70 - these cases remain in the All Families rate and are treated as single parent families); and • Cases in which an adult is sanctioned but for no more than 3 months during the preceding 12 months period. All other two parent family TANF/SNA MOE funded assistance cases are included in the TANF/SNA MOE Two Parent Families denominator including cases in which there is no nonexempt adult (e.g. aged). Note: Effective October 2006, all cases that remain in the Two Parent Families denominator, after the above exclusions are applied, are systemically shifted to SNA non-MOE, and, as such, are not included in the TANF/SNA MOE Two Parent Families or All Families Participation rate calculations. Although State legislation allows for the cases that remain in the Two Parent Families denominator to be shifted to SNA non-MOE funding, and OTDA has taken that option and thus removed them from the federal participation rate denominator, district employment staff should require nonexempt adults in Two Parent Families to participate fully (up to 40 hours weekly) in appropriate countable work activities regardless of current participation rate requirements. TANF/SNA MOE Two Parent Numerator: The TANF/SNA MOE Two Parent Families numerator is comprised of the number of cases in which at least one parent, or both depending on requirements, is participating in countable activities for at least the minimum required number of hours required for the household. For TANF/SNA MOE Two Parent Families to be included as participating the combined hours in activities for the parents in the case must total at least 35 hours (or 55 hours where the case is receiving federally-funded child care assistance, 30 of which must be in core (fully countable or time-limited fully countable) activities (or 50 hours for those receiving federally funded child care). Activities That Count Toward Participation: For TANF/SNA MOE Two Parent Families participation rate purposes countable work activities are classified as one of the following categories: • Counts fully; • Counts fully but for only 6/12 (Needy State-180/360 hours)weeks during each federal fiscal year; • Counts fully but for only 12 months lifetime; or • Counts but only toward hours above 30 or 50. Counts Fully: Actual hours of participation in the following work activities count fully: • Unsubsidized employment *

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.8- Page 16 Rev. 3/2022 • Subsidized private sector employment * • Subsidized public sector employment * • Work experience (based on calculating of the TA/SNAP allotment divided by minimum wage) • On-the-job training * • Community service • Childcare provider for community service participant • High school or equivalent for married teens or teen head of households (under 20) who:  maintain satisfactory attendance at secondary school or the equivalent; or  participate for at least 20 hours per week in education directly related to employment. * Projected actual (scheduled) hours count for paid employment activities. Counts Fully but for only 6/12 (180/360 hours) Weeks During previous 12-month period: Participation in the following work activities count fully but is limited to a combined 6/12 (180/360 hours) weeks during the previous 12-month period as outlined above. Counts Fully but for only 12 Months Lifetime: Participation in vocational education counts fully but is limited to maximum of 12 months total during the individual’s lifetime receipt of assistance. Counts only Toward Hours above 30 or 50: Countable participation in the following work activities is limited to hours above the 30 or 50 weekly core hours needed to attain the 35- or 55-hour threshold: • Job skills training • Education training, including:  Adult basic education (ABE)  Literacy training  English as a second language (ESL)  High school or equivalent

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.8- Page 17 Rev. 3/2022 Safety Net Assistance Household Without Dependent Children (SNA non- MOE) Participation Rate Policy Safety Net Assistance non-MOE Denominator: The SNA non-MOE denominator is comprised of the total number of SNA non-MOE cases which include an adult without regard to employability status. SNA non-MOE cases with children are excluded from the SNA non-MOE denominator including those two parent families in which neither parent is disabled (and have been shifted systemically to SNA non-MOE). Safety Net Assistance non-MOE Numerator: The SNA non-MOE numerator is comprised of all SNA non-MOE individuals who are participating in countable activities for at least the minimum required number of hours required for the individual (or engagement statuses, for limited timeframes, that constitute countability). For cases in which more than one adult is participating, both individuals may count as participants in the numerator as long as each is meeting minimum participation requirements. In this instance, two individuals would be counted in the numerator, yet the case would only count once in the denominator. Who Participates Minimum Participation Each nonexempt adult 35 hours average weekly during the month, at least 20 hours of which must be in a fully countable or time-limited fully countable activity. Each work limited or exempt adult Any number of actual hours as long as the participation is in accordance with the limitation in one or a combination of the following countable activities: • unsubsidized employment • subsidized private/public sector employment • work experience • on-the-job training • job search and job readiness training (6/12 weeks per federal fiscal year) • community service • vocational education (12 months lifetime)

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.8- Page 18 Rev. 3/2022 Who Participates Minimum Participation • childcare provider for community service participant Activities that Count Toward Participation: For participation rate purposes for SNA non- MOE, countable work activities are classified as one of the following categories: • Counts fully; • Counts fully but for only 6/12 (180/360 hours) weeks during each federal fiscal year; • Counts fully but for only 12 months lifetime; or • Counts but only toward hours above 20

Counts Fully: Actual hours of participation in the following work activities count fully: • Unsubsidized employment* • Subsidized private sector employment* • Subsidized public sector employment* • Work experience (based on calculating of the TA/SNAP allotment divided by minimum wage) • On-the-job training* • Community service (including substance abuse treatment, treatment other than substance abuse, caring for an incapacitated household member, and court ordered activities. Participation in substance abuse treatment or other treatment should be reported in WTWCMS as such, and not reported as community service) • Childcare provider for community service participant • High school or equivalent for nonexempt teens (under 20), and those heads of households who are living on their own, who:  maintain satisfactory attendance at secondary school or the equivalent; or  participate for at least 20 hours per week in education directly related to employment. * Projected actual (scheduled) hours count for paid employment activities.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.8- Page 19 Rev. 3/2022 Counts Fully but for only 6/12 Weeks During previous 12-month period: Participation in the following work activities count fully but is limited to a combined 6/12 (Needy State) weeks during the previous 12-month period. • Job search • Job readiness training Counts Fully but for only 12 Months Lifetime: Participation in vocational education counts fully but is limited to maximum of 12 months total during the individual’s lifetime receipt of assistance. Counts only Toward Hours Above 20: • Job skills training • Education training, including:  Adult basic education (ABE)  Literacy training  English as a second language (ESL)  High school or equivalent • Job search beyond 6/12-week limit • Job readiness training beyond 6/12-week limit Hours of participation in these activities count only when the hours are added to 20 weekly average hours of countable participation in a core (fully countable or time-limited fully countable) activity.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.8- Page 20 Rev. 3/2022 Part C - Questions and Answers Q.1 Does the SNA non-MOE participation rate calculation reflect sanctioned status similar to the TANF calculation? A.1 No. Under the Safety Net Program individuals who are being conciliated, individuals sent a notice of intent until the sanction takes effect, and individuals who have requested a fair hearing relating to employment requirements are included as otherwise participating and remain in the numerator, and the related case in the denominator. Currently, the system removes TANF cases from the TANF denominator once a sanction has been imposed (for up to 3 months in the preceding 12-month period). If the TANF case stays open and the individual fails to comply, the case returns to the denominator after 3 months. This exclusion does not apply to single person SNA non-MOE cases as the sanction action would close the single individual’s case, in cases with multiple adults, the sanctioned individual is not active on the case and will not be included in the numerator. Q.2 Under SNA non-MOE, do work-limited nonexempt recipients count as participants regardless of the activity and hours of participation? A.2 SNA non-MOE individuals that are work-limited nonexempt recipients count as participants regardless of the hours of participation as long as they are participating the maximum number of hours allowed by their health related limitation in unsubsidized employment, subsidized private sector or public sector employment, work experience, on-the-job training, job search and job readiness training (6-12 week limit) community service, vocational education (12 month lifetime limit) or the provision of child-care for a community service participant. This applies to both SNA MOE and SNA non-MOE households. Q.3 Which acts of noncompliance are considered when determining which cases are excluded from the TANF denominator for up to 3 months in a 12-month period? A.3 The federal rule is that individuals who refuse to engage in work activities (willfully and without good cause) must be sanctioned. This includes the requirement for non-exempt individuals to participate in an employment or training activity or to participate in a substance abuse rehabilitation program that is part of the individual’s employment plan. Therefore, cases in which an individual is subject to penalty or sanctioned for failing to comply with a work requirement, including failing to participate in substance abuse rehabilitation which was required as part of the nonexempt individual’s employment plan, result in the case being excluded from the denominator for up to three months in a 12- month period. Individual level sanction reason codes that would remove a case from the All Families Denominator are: WE1, WE2, WE3, N41, N42, N43, M74, P44, P45, P46, PX1, PX2, PX3, MX1, MX2, MX3, and M77.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.8- Page 21 Rev. 3/2022 Q.4 Which exemptions meet the state’s definition of “disabled” for purposes of determining which two-parent cases are excluded from the two-parent count? A.4 Federal law allows two-parent cases in which one of the parents is “disabled” to not count as two-parent cases for participation rate purposes, although such cases remain in the TANF/SNA-MOE All Families rate calculation. The Department has defined “disabled” to include disabled, ill and incapacitated as defined in 385.2. Specifically, this definition includes the following employability codes:  24 – Pregnant (Within 30 days of Medically Verified Date of Delivery)/Exempt  36 – Incapacitated/Disabled (more than 6 Months)/Exempt  41 – Temporary Illness or Incapacity (1 to 3 Month Exemption)/Exempt  42 – Temporary Incapacity or Incapacity (4 to 6 Month Exemption)/Exempt  43 – Incapacitated/Disabled (SSI Application Filed)/Exempt  44 – Incapacitated/Disabled (In Receipt of SSI)/Exempt  63 – Substance Abuser Exempt  70 – Contesting Employability Determination Including the Disability Review Process/Exempt Districts should only use code 70 for persons contesting employability based upon one of the disability issues listed above. Q.5 Are two-parent cases that are treated as single parent cases due to one of the parents being disabled eligible for the 12-month exemption for having a child under the age of one? A.5 No. The federal rule indicates that only true single custodial parents caring for a child who has not attained 12 months of age can be disregarded in determining the participation rate. Q.6 What is the definition of a child only case for participation rate purposes? A.6 For participation rate purposes, child only cases are cases in which all persons in receipt of TANF assistance are children (cases in which the parent(s) or caretaker, although in the household, is not receiving TANF assistance). Cases in which the parent or caretaker is sanctioned do not become child only cases. Q.7 How many hours do two-parent families have to participate if one parent is disabled or caring for a disabled household member? A.7 Two-parent TANF families in which one parent is disabled and exempt are treated like single parent families for participation rate purposes and are required to participate 30 hours weekly, at least 20 of which is in a core activity, to count toward the All Families rate. As noted above in the section titled, TANF/SNA MOE Two Parent Families Participation Rate Policy, New York State has chosen to shift out the non-disabled two parent families regardless of their level of participation from both the TANF/SNA-MOE and SNA non-MOE participation rates. Nonexempt adults in Two Parent Families should be assigned to participate fully (up to 40 hours weekly) in appropriate countable work activities regardless of the participation rate requirements.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.8- Page 22 Rev. 3/2022 Q.8 Do all teens in secondary school, equivalency programs, or other educational training count as participants for purposes of calculating the TANF/SNA MOE All Families and Safety Net non-MOE participation rates, and how should they be reported? A.8 Yes. Teen parents, married teens, or teens living on their own, that are heads of households cause the case to be included in the appropriate participation rate numerator based on secondary school or its equivalent attendance, for any number of hours, or participation in educational training for at least 20 hours weekly. For TANF/SNA MOE and SN non-MOE cases, married teens, teen heads of household, and single teens residing alone and who are enrolled in secondary school or equivalent should be entered on WMS with an Employability Code of 17. This employability code, combined with a confirmed enrollment in the activity of High School (including High School Equivalent and Secondary School), with scheduled hours present; or Educational Training with actual hours prorated for 20+ hours weekly, will effectively cause the case to be included in either the TANF/SNA MOE numerator or the Safety Net non-MOE numerator as appropriate. Q.9 Do adults participating in educational activities such as adult basic education, literacy training, or English as a Second Language (ESL) count toward the participation rate? A.9 The hours of participation in such activities by adults count only toward the hours required above the core minimum hours of 20 for TANF All Families and single parent SNA MOE, 30 for two-parent SNA MOE, and above 30 or 50 for Two-Parent TANF Families. For SNA non-MOE, the activities count for the hours above the core 20. Q.10 How are the limits on job search and job readiness training and vocational education applied for TANF/SNA MOE and Safety Net non-MOE? A.10 An individual’s participation in job search/job readiness training is countable for up to the time limits in a rolling 12 month period (the current and preceding 11 months); it is not based on a fiscal or calendar year, regardless of whether the individual is in receipt of TANF or Safety Net assistance. There is no lifetime limit for job search/job readiness training. Participation in vocational education is limited to a lifetime of 12 months. An individual’s participation in vocational education is countable for 12 months total during their lifetime receipt of assistance, including both TANF and Safety Net. For example, an individual who is counted as participating in vocational education for 12 months while in receipt of TANF would subsequently not be able to be counted as participating in vocational education for Safety Net because they had already reached the lifetime 12-month limit. Q.11 May individuals combine their participation to meet the household’s participation requirements? A.11 No, individuals which are not in non-disabled two-parent cases may not combine their hours of participation to meet household participation requirements. For TANF/MOE

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.8- Page 23 Rev. 3/2022 cases, any adult discretely meeting the participant definition will cause the case to be included in the TANF/SNA MOE All Families numerator. The hours of participation cannot be combined between adults. For Safety Net non-MOE, the participation numerator is individual level, so each, so each individual must discretely meet the participant definition in order to be included. For the same reason, cases in the Safety Net non-MOE rate may contain more than one participating individual in the rate numerator provided each is meeting minimum participation requirements, despite the fact the case only counts once in the denominator. Q.12 How should participation in post-secondary education be reported in order to count for the Work Participation Rate? A.12 Post-secondary education may be reported as vocational education if the education otherwise meets the definition of vocational education and would count fully toward federal work participation requirements for an individual for up to 12 months in the individual’s lifetime. Districts may choose to report post-secondary education as Job Skills training, which counts without a time limit, so long as it is combined with 20 hours of core work activity. Vocational education beyond the 12-month limit may be reported as job skills training, again requiring the 20 hours of core work activity before it will count toward meeting participation. Districts are required to describe the district’s process and policy for determining whether or not a participant is approved/assigned to participate in job skills or vocational educational activities in section 3.6 of their biennial Temporary Assistance and Supplemental Nutrition Assistance Program Employment Plans.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.9- Page 1 Rev. 4/2025 Section 385.9 - Work Activities and Work Requirements Table of Contents Section 385.9 - Work Activities and Work Requirements ............................................................. 1 Part A - The Regulations ........................................................................................................... 2 a) Social services districts may provide, and require applicants for and recipients of public assistance to participate in a variety of activities, including but not limited to the following: .. 2 b) Additional Provisions: ..................................................................................................... 3 c) Educational activities and Vocational Education Training. ............................................. 5 d) Work Experience ............................................................................................................ 7 e) Job Search Activities ...................................................................................................... 8 f) Subsidized Public Sector Employment Programs .......................................................... 9 g) Subsidized Private Sector and Not-For-Profit Employment Programs ......................... 11 Part B - Department Policy ...................................................................................................... 13 Work Activities ..................................................................................................................... 14 Unsubsidized employment ............................................................................................... 14 Subsidized Private Sector Employment ........................................................................... 14 Subsidized Public Sector Employment ............................................................................ 15 Work Experience .............................................................................................................. 15 On the Job Training (OJT) ............................................................................................... 16 Job search ........................................................................................................................ 17 Job Readiness Training (JRT) ......................................................................................... 18 Community Service .......................................................................................................... 19 Vocational Education ....................................................................................................... 21 Job Skills Training Directly Related to Employment ......................................................... 22 Education Training ........................................................................................................... 23 Satisfactory Attendance at Secondary School ................................................................. 24 Provision of Child Care for Individual Participating in Community Service ...................... 24 Other Work Activities ........................................................................................................ 25 SNAP ................................................................................................................................... 25 Part C - Questions and Answers ............................................................................................. 27

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.9- Page 2 Rev. 4/2025 Part A - The Regulations a) Social services districts may provide, and require applicants for and recipients of public assistance to participate in a variety of activities, including but not limited to the following: 1) unsubsidized employment; 2) subsidized private sector employment; 3) subsidized public sector employment; 4) work experience in the public sector or non-profit sector, (including work associated with refurbishing publicly assisted housing) if sufficient private sector employment is not available as determined by the social services official. The maximum number of hours a recipient or applicant may be required to engage in this activity is limited to the number which equals the amount of assistance payable with respect to the public assistance household of such individual (inclusive of the value of SNAP received by the public assistance household of such individual, if any) divided by the higher of (i) the Federal minimum wage, or (ii) the State minimum wage. The limitation of the number of hours of work experience to which a participant may be assigned is a calculation of allowable hours in a work activity and does not mean that such participant is receiving a wage for the performance of such activities. The participant is not working off the grant, but is engaged in work activities as an element of his/her plan to become self-sufficient; 5) on-the-job training; 6) job search and job readiness assistance, as time limited by Federal law, provided that job search is an active and continuing effort to secure employment, configured by the social services official, provided further, such activities shall include activities with the goal of seeking or obtaining employment, or preparation to seek or obtain employment, including life-skills training, which shall include, but not be limited to, home visiting services to the recipient and their family; 7) community service programs provided, however, the number of hours a participant in community service activities authorized pursuant to this section may be required to work in such assignment shall not exceed a number which equals the amount of assistance payable with respect to the public assistance household of such individual (inclusive of the value of SNAP received by the public assistance household of such individual, if any) divided by the higher of (i) the Federal minimum wage, or (ii) the State minimum wage. No participant shall be assigned to a community service activity that conflicts with his/her bona fide religious beliefs. The definition or parameters of this activity shall be set forth in the local plan submitted by the social services district, provided that an individual needed in the home because another member of the household requires his/her presence due to a verified mental or physical impairment shall be deemed to be engaged in community service to the extent such person is actually providing care for such member of the household. The limitation of the number of hours of community service to which a participant may be

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.9- Page 3 Rev. 4/2025 assigned is a calculation of allowable hours in a work activity and does not mean that such participant is receiving a wage for the performance of such activities. The participant is not working off the grant, but is engaged in work activities as an element of his or her plan to become self-sufficient. For purposes of calculating the participation rate, recipients who are acting as foster parents for children are deemed engaged in community service to the extent they are actually providing care for such children; 8) vocational educational training as time limited by Federal law and pursuant to subdivision (c) of this section; 9) job skills training directly related to employment; 10) education directly related to employment, in the case of a recipient who has not yet received a high school diploma or a certificate of high school equivalency; 11) satisfactory attendance at secondary school or a course of study leading to a certificate of general equivalency in the case of a recipient who has not completed secondary school or received such certificate; 12) provision of child care services to an individual who is participating in community service; 13) job search and job readiness assistance once the individual has exceeded the six week limit set in Federal law in accordance with paragraph (6) of this section; 14) educational activities pursuant to subdivision (c) of this section; and 15) other activities set forth in a local district plan. b) Additional Provisions: 1) No participant shall be required to provide child care services as a work activity described in this part unless the participant expressly requests in writing to provide such services. 2) Social services districts may enter into agreements with public and private employment agencies to assist recipients of public assistance to find jobs. 3) No participant shall in any case be required to engage in assigned activities for more than forty hours in any week. 4) A non-graduate degree student who is participating in a work-study, internship, externship, or other work placement that is part of the curriculum of a student approved for participation by the City University of New York (CUNY), the State University of New York (SUNY), another degree granting institution, or any other education, training or vocational rehabilitation agency approved by the state or social services district, shall not be unreasonably denied the ability to participate in such program as a work activity assignment made in accordance with the provisions of this Part. A social services district may deny such participation based upon consideration of factors including, but not limited to: i) the determination that the student voluntarily quit a job or reduced earnings to qualify for initial or increased public assistance as determined in accordance with section 385.13 of this Part;

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.9- Page 4 Rev. 4/2025 ii) that a job or on-the-job training position that is comparable to the work-study, internship, externship or other work placement cannot reasonably be expected to exist in the private, public, or not-for-profit sector; iii) that the student is not maintaining a cumulative C average (or its equivalent), which may be waived by the district for cases of undue hardship based on the death of a relative, the personal injury or illness of the student or other extenuating circumstances as determined appropriate by the district; iv) failure of the institution or student to monitor and report to the social services district monthly, or as otherwise reasonably required by the district, information regarding the student's attendance and performance related to the work placement. Failure of the institution to monitor and report student attendance and performance shall be cause for the district to reasonably deny approval of the student's participation in such programs as a work activity; v) failure of the student to progress toward the completion of a course of study without good cause as determined by the social services district; and, vi) that the student had previously enrolled in a work-study, internship, or other work placement and failed to complete the work placement without good cause as determined by the social services district. 1) When a social services district assigns a non-graduate student participating in a social services district approved work-study, internship, externship or other work placement to work activities in accordance with the provisions of this Part, the district shall make reason able efforts to assign the student to such activities during hours that do not conflict with his or her academic schedule. 2) The hours of participation by an individual in a work-study, internship, externship or other work placement that is part of the student's curriculum and that has been approved by the social services district shall be included as a work activity within the definition of unsubsidized employment, subsidized private sector employment, subsidized public sector employment or on-the-job training pursuant to subdivision (a) of this section. 3) In no event shall the programs and activities enumerated in this Part be deemed the sole activities that a social services district may provide and require applicants for and recipients of public assistance to engage in. Any program or activity that meets the goals of this part and is consistent with the requirements of the Labor Law and Social Services Law shall be allowed. 4) Any social services district that establishes and provides a program or activity not herein enumerated shall set forth the requirements and structure of such program or activity in its local plan pursuant to the provisions of this Part. 5) The social services district retains the right to determine, consistent with statute and regulations, the activity or activities to which an applicant or recipient is to be assigned. 6) No particular assignment or opening for any activity need be created except on the determination and consent of the social services district.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.9- Page 5 Rev. 4/2025 c) Educational activities and Vocational Education Training. 1) A social services official shall make available vocational educational training and educational activities in accordance with an assessment conducted and the employability plan prepared pursuant to the requirements of sections 385.6 and 385.7 of this Part. Such activities may include, but need not be limited to: i) vocational educational training, which may include but not be limited to organized educational programs offering a sequence of courses which are directly related to the preparation of individuals for current or emerging occupations requiring other than a baccalaureate or advanced degree. Such programs may include competency-based applied learning which contributes to an individual's academic knowledge, higher-order reasoning, and problem- solving skills, work attitudes, general employability skills, and the occupational- specific skills necessary for economic independence. Such term may also include applied technology education; a) When a social services district contracts with a proprietary vocational school to provide vocational educational training to individuals assigned in accordance with the provisions of this section, not more than 25 percent of the duration of such program can be devoted to preparation for a high school equivalency or to English as a second language; b) Instructors employed by proprietary schools to prepare individuals for a high school equivalency certificate shall meet experience requirements established in regulation by the Commissioner of Education; c) Individuals in need of basic literacy programs shall be referred to basic and remedial education rather than to vocational proprietary schools; ii) high school education or education designed to prepare a participant for a high school equivalency certificate; iii) basic and remedial education; iv) education in English proficiency; v) post-secondary education (or the part- time equivalent, if full-time study would constitute an undue hardship); (a) Such post-secondary education must be necessary to the attainment of the participant's employment goal, as set forth in the employability plan required pursuant to sections 385.6 and 385.7 of this Part. Such goal must relate directly to obtaining useful employment in a recognized occupation; (b) Enrollment may be in the following types of educational institutions: i) community colleges and two-year colleges; ii) four-year colleges; provided, however, that the course of instruction for which an individual is enrolled is limited to a two-year degree granting program; iii) licensed trade schools; or

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.9- Page 6 Rev. 4/2025 iv) registered business schools; and v) financial literacy instruction. 2) Except as otherwise provided in this subdivision and as resources permit and pursuant to a local plan prepared in accordance with the requirements of section 385.10 of this Part, a social services official must assign to educational activities an individual who has not attained 20 years of age and who has not obtained a high school diploma or its equivalent. 3) Notwithstanding the requirements of this subdivision, an individual between the ages of 16 and 18 years of age may be excused from school attendance requirements if: i) the decision not to require school attendance is based upon an individual assessment which indicates that further attendance is unlikely to result in attainment of a high school diploma or its equivalent based upon consideration of the individual's aptitude and other factors such as grade completion; and ii) he/she participates in either another educational activity other than one which would lead to the attainment of a high school diploma or its equivalent or in job skills training appropriate to and designed for youths. 4) Notwithstanding the requirements of this subdivision, the social services official shall assign individuals 18 and 19 years of age to activities other than those described in this subdivision if such official makes a determination, based upon an assessment and employability plan that educational and vocational educational activities are not appropriate or if such individual has failed to make satisfactory progress in educational activities. 5) An individual who is assigned to educational activities consistent with the employment goals identified in the employability plan developed pursuant to sections 385.6 or 385.7 of this Part shall not be assigned to any other activity that might interfere with attendance at class; provided, however, that a social services official may periodically reevaluate an individual' s employment plan and having given due consideration to the individual's progress in the current, and if applicable, prior program make assignments to other activities in order to meet participation rates established in accordance with the provisions of section 385.8 of this Part. 6) For individuals assigned by the district to participate in educational activities pursuant to this section and consistent with the individual’s assessment and employability plan, the district may report supervised homework time and up to one hour of unsupervised homework time for each hour of class time, provided that the total homework time reported for participation does not exceed the hours required or advised by the respective educational program. 7) An adult member of a two-parent family may be required by a social services official to participate in education activities consistent with the employment goals contained in his/her employability plan. 8) Nothing in this subdivision shall be construed to supersede the eligibility requirements of teen parents as set forth in this Title.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.9- Page 7 Rev. 4/2025 d) Work Experience 1) Work experience programs meeting State and Federal requirements may be established by social services districts. 2) Work experience programs may include the performance of work for a Federal office or agency, county, city, village or town or for the State or in the operation of or in an activity of a non-profit agency or institution. 3) A recipient may be assigned to participate in such work experience program only if: i) appropriate Federal and State standards of health, safety and other work conditions are maintained; ii) the number of hours an individual assigned to work experience activities authorized pursuant to this section may be required to participate in such assignment shall not exceed a number which equals the amount of assistance payable with respect to such individual's household (inclusive of the value of SNAP received by such household, if any) divided by the higher of (a) the Federal minimum wage or (b) the State minimum wage; iii) such recipients are provided appropriate workers' compensation or equivalent protection for on-the-job injuries and tort claims protection on the same basis, but not necessarily at the same benefit level, as they are provided to other persons in the same or similar positions, while participating in work experience activities under this section; iv) the project to which the participant is assigned serves a useful public purpose in fields such as health, social services, environmental protection, education, urban and rural development and redevelopment, welfare, recreation, operation of public facilities, public safety and child day care; v) such assignment would not result in: (a) the displacement of any currently employed worker or loss of position (including partial displacement such as reduction in the hours of non-overtime work, wages or employment benefits) or result in the impairment of existing contracts for services or collective bargaining agreements; (b) the assignment of a participant or the filling of a position when any other person is on layoff from the same or any equivalent position or the employer has terminated the employment of any regular employee or otherwise reduced its workforce with the effect of filling the vacancy so created with a participant assigned pursuant to this section; (c) any infringement of the promotional opportunities of any current employed person; (d) the performance, by such participant, of a substantial portion of the work ordinarily and actually performed by regular employees; (e) the loss of a bargaining unit position as a result of work experience participants performing, in part or in whole, the work normally performed by the employee in such position; or

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.9- Page 8 Rev. 4/2025 (f) such assignment is not at any work site at which the regular employees are on a legal strike against the employer or are being subjected to lock out by the employer. 4) Public employers participating in work experience programs (or the social services official, pursuant to an agreement established between any such employer and the social services official) shall publish on a monthly basis a report summarizing the employer's work experience program for the month. i) Such monthly report shall include, at a minimum, summary information regarding the agencies or departments where participants are assigned, work locations, job duties and assignments, hours worked and period worked and shall be provided to the certified collective bargaining representative of public employees at such employer and may not be disclosed to any other party. ii) Such certified collective bargaining representative shall take reasonable steps to protect the confidentiality of such information and shall take reasonable steps to prevent disclosure of same to non-authorized persons. iii) Reports provided pursuant to this section shall contain a warning against re- disclosure and asserting the confidentiality of the information therein provided. 5) In assigning to work experience a recipient who is a non-graduate student attending CUNY, SUNY or other approved non-profit education, training or vocational rehabilitation agency, the social services district shall: i) after consultation with officials of CUNY, SUNY or other non-profit education, training or vocational rehabilitation agency, assign the student to a work experience site on campus where the recipient is enrolled, if a work experience assignment approved by the social services official is available. Where such work experience assignment is not available, the social services district shall, to the extent possible, assign the student to a work experience site within reasonable proximity to the campus where the recipient is enrolled. Provided, however, in order to qualify for a work experience assignment on-campus, or in close proximity to campus, a student must have a cumulative C average, or its equivalent. The social services district may waive the requirement that the student have a cumulative C average or its equivalent for undue hardship based on: (a) the death of a relative of the student; (b) the personal injury or illness of the student; or (c) any other extenuating circumstances; ii) not unreasonably assign the student to participate in work experience during hours that conflict with the student's academic schedule. e) Job Search Activities 1) Each applicant for or recipient of public assistance shall, upon request of the social services official, demonstrate that he or she is engaged in an active and continuing effort to achieve self-sufficiency.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.9- Page 9 Rev. 4/2025 2) Such effort shall include but not be limited to an active and continuing search for employment, or for persons otherwise exempt in accordance with sections 385.2 and 385.3 of this Part, and where deemed appropriate by the social services official, activities that foster preparation for employment. 3) Each such applicant or recipient shall have an affirmative duty to accept any offer of lawful employment in which he or she may engage. 4) The failure of a social services district to assign applicants and recipients to activities pursuant to this Part shall not relieve such persons from the requirements of this subdivision. i) An applicant who fails to comply with the requirements of this subdivision shall be ineligible for public assistance; for purposes of this subparagraph, the term applicant shall mean the entire applicant household. ii) A recipient who fails to comply with the requirements of this subdivision shall be subject to sanction in accordance with the provisions of sections 385.11 and 385.12 of this Part. 5) Supervised job search activities shall be described in the local plan. f) Subsidized Public Sector Employment Programs 1) A social services official may establish subsidized public sector employment programs for public assistance recipients including, but not limited to, grant diversion programs, which may be supported wholly or in part with public assistance funds. Such programs shall be established through agreements between social services districts and employers; provided, however, that, if appropriate, the Office may act on behalf of one or more social services districts in establishing such agreements. 2) Programs may include, but need not be limited to, on-the-job training programs which reimburse employers in part or in whole for the cost of training public assistance recipients through wage subsidies. 3) The social services official or the Office is authorized to transfer public assistance funds to employers through written agreements developed and executed in accordance with Office regulations. 4) A recipient may be assigned to a subsidized public sector employment activity only if: i) the conditions of employment including such factors as the type of work, geographical region and proficiency of the participant are appropriate and reasonable; ii) the recipient is deemed an employee for purposes of the applicable collective bargaining and labor laws and receives the same benefits and protections as existing employees similarly situated (working a similar length of time and doing similar work) receive pursuant to the provisions of law and any applicable collective bargaining agreement or otherwise as made available to such existing employees;

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.9- Page 10 Rev. 4/2025 iii) The social services official shall ensure that any such program agreement contains adequate provisions for the prompt resolution of disputes concerning participation in the program and the obligations and benefits associated with it; iv) Nothing contained in this section shall be deemed to affect, modify or abridge a participant's right to a fair hearing pursuant to Part 358 of this Title or representation thereat by counsel or, if applicable, the participant's collective bargaining representative. 5) A participant employed by an employer subject to the Civil Service Law or subject to rules consistent with such law shall be appointed to an appropriate classified position. Notwithstanding any other provision of law, rule or regulation, such position shall be deemed to be in the non-competitive class of the classified service only while such participant is serving in the position. 6) No employee of the participating employer may be displaced by any recipient employed pursuant to this subdivision. For the purpose of this subdivision, the term displacement shall include partial displacement, such as a reduction in the customary hours of work (including overtime), wages, or employment benefits. 7) No participant shall be employed: i) if any other employee of the employer is available for reinstatement, recall or reemployment following a leave of absence, furlough, layoff or suspension from the same or any substantially equivalent job; ii) when the employer has terminated the employment of any regular employee or otherwise reduced its work force with the intention of filling the vacancy or vacancies so created by hiring a participant whose wages are subsidized under this program; or iii) when the employee organization representing employees of the employer is engaged in a strike against the employer or such employees have been locked- out by the employer; or iv) where such employment results in the loss of a bargaining unit position as a result of assigned individuals performing, in part or in whole, the work normally performed by the employee in such position. 8) No position may be created that will infringe in any way upon the promotional opportunities of currently employed individuals or individuals currently engaged in an approved apprenticeship training program. 9) No participant shall remain in a position if another employee is eligible for promotion from an eligible list to that position. An employer shall, at least 10 days prior to filling a position with a participant, notify any employee organization that represents employees of the employer who are engaged in similar work or training in the same or substantially equivalent job as that in which the placement is to be made, that it intends to make a placement pursuant to the terms of this subdivision. 10) Where an employee organization represents employees of the employer who are engaged in similar work in the same or substantially equivalent job as that proposed to be funded under this program, an opportunity shall be provided for such

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.9- Page 11 Rev. 4/2025 organization to comment on the proposed placement of the participant or the administration of the program and the social services official shall respond to such comments within 10 days of receipt of such comments. 11) Employers are prohibited from using public assistance funds to encourage or discourage membership in, or participation in the activities of, any employee organization, and each employer shall provide to the social services district assurances that no such funds will be used for such purposes. 12) Nothing herein shall be construed to affect, modify, or otherwise abridge any provision of the Civil Service Law. g) Subsidized Private Sector and Not-For-Profit Employment Programs 1) A social services district may establish subsidized private sector employment programs for public assistance recipients including, but not limited to, grant diversion programs, which may be supported wholly or in part with public assistance funds. Such programs shall be established through agreements between social services districts and employers, including not-for-profit employers; provided, however, that, if appropriate, the Office may act on behalf of one or more social services districts in establishing such agreements. 2) Programs may include, but need not be limited to, on-the-job training programs which reimburse employers in part or in whole for the cost of training public assistance recipients through wage subsidies. 3) The social services official or the Office is authorized to transfer public assistance funds to employers through written agreements developed and executed in accordance with Office regulations. 4) A recipient may be placed in a subsidized private sector or not-for-profit employment activity only if: i) the conditions of employment including such factors as the type of work to be performed, the geographic location of the job, and the qualifications of the participant are appropriate and reasonable; ii) the recipient is deemed an employee for purposes of the applicable collective bargaining and labor laws and receives the same benefits and protections as an employee similarly situated (working a similar length of time and doing similar work) receives pursuant to the provisions of law, an applicable collective bargaining agreement or otherwise as made available to the employees of the employer; iii) no employee of the participating employer is displaced by any recipient hired pursuant to this subdivision. For the purpose of this subdivision, the term displacement shall include partial displacement, such as a reduction in the customary hours of work (including overtime), wages, or employment benefits; iv) no participant is hired:

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.9- Page 12 Rev. 4/2025 (a) if any other employee of the employer is available for reinstatement, recall or reemployment following a leave of absence, furlough, layoff or suspension from the same or any substantially equivalent job; or (b) when the employer has terminated the employment of any regular employee or otherwise reduced its work force with the intention of filling the vacancy or vacancies so created by hiring a participant whose wages are subsidized under this program; or (c) when the employee organization representing employees of the employer is engaged in a strike against the employer or such employees have been locked-out by the employer; or (d) when such hiring will result in the loss of a bargaining unit position as a result of assigned individuals performing, in part or in whole, the work normally performed by the employee in such position; v) no job is created that will infringe in any way upon the promotional opportunities of current employees or individuals currently engaged in an approved apprenticeship training program; vi) no participant shall remain in a job if another employee is eligible for promotion to that job. An employer shall, at least 10 days prior to filling a position with a participant, notify any employee organization that represents employees who are engaged in similar work or training in the same or substantially equivalent jobs as those on which the placement is to be made, that it intends to make a placement pursuant to the terms of this section. vii) where an employee organization represents employees of the employer who are engaged in similar work in the same or substantially equivalent jobs as those proposed to be funded under this program, an opportunity is provided for such organization to comment on the proposed placement of participants or the administration of the program and the social services official or his/her designee shall respond to such comments within 10 days of receipt of such comments; viii) employers are prohibited from using public assistance funds to encourage or discourage membership in, or participation in the activities of, any employee organization and each employer shall provide to the social services district assurances that no such funds will be used for such purposes. 5) The social services official shall require every private or not- for-profit employer that intends to hire one or more assigned individuals to certify to the social services district that such employer has not, in the past five years, been convicted of a felony or a misdemeanor the underlying basis of which involved workplace safety and health or labor standards. Such employer shall also certify as to all violations issued by the State Department of Labor within the past five years. The social services official in the social services district in which the participant is placed shall determine whether there is a pattern of violations sufficient to render the potential employer ineligible. Employers who submit false information under this section shall be subject to criminal prosecution for filing a false instrument.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.9- Page 13 Rev. 4/2025 Part B - Department Policy The work activities described in 18 NYCRR 385.9 include those listed in federal TANF legislation. The list represents a variety of work-related activities and programs which are intended to offer recipients of Temporary Assistance (TA) and SNAP employment opportunities to help them advance economically. Among the activities listed in 18 NYCRR 385.9 are the work activities which count toward the federal and state participation rates. OTDA has defined each work activity consistent with federal requirements while providing flexibility where possible. Districts should refer to 18 NYCRR Part 385.8 for information regarding how each definition counts towards the work participation rate. In order for these activities to be considered countable, the participant must be engaged in the activity for a minimum hourly requirement per week, averaged monthly, depending on case type. It is important to remember that the hours required represent a minimum for meeting participation rates only and should not be considered as the standard number of hours needed to ensure a successful transition into unsubsidized, full-time employment. In all instances, the activities to which an individual is assigned must be those that the individual is capable of participating in, contribute to the individual’s efforts to obtain employment or enhance current employment efforts. The local district may assign a TA recipient to participate in activities for up to 40 hours per week unless the individual is unable to work such hours due to medical or other work limitations. One such limitation is that the number of hours a recipient is assigned to work experience or community service must not be greater than the sum of the TA grant and SNAP benefits divided by federal or State minimum wage, whichever is higher. This formula is used for calculating the statutorily maximum allowable hours a recipient may be assigned to this activity. Districts are not required to assign individuals for the total number of hours derived by the calculation but may assign individuals to other activities in combination with work experience to meet participation rate requirements. The non-displacement provisions in 18 NYCRR 385.9(d)(3)(v) place certain restrictions on the nature of activities that may be performed as a work experience assignment. Subparagraph (a) indicates that an assignment cannot result in the “loss of a position.” This statement refers to a position existing at the time of placement and not the potential existence of a position in the future. Similarly, subparagraph (e) refers to the “loss of a bargaining unit position” and means only positions existing at the time of the work activity assignment placement. In subparagraph (d), the term “substantial portion of the work ordinarily and actually performed” means work performed by an individual in a position which is potentially subject to loss as described in subparagraphs (a) and (e). Work activities should be assigned to each individual based on their needs. These needs will be documented in an individual’s employment plan as described in Sections 385.6 and 385.7 of this Manual. When assigning work activities districts must consider an individual’s preferences, to the extent possible and also be consistent with the individual’s assessment and the district’s need to meet federal and State work participation requirements. If the district is unable to accommodate such preferences, they must record the reason in the employment plan. Districts

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.9- Page 14 Rev. 4/2025 may reassign an individual to other activities as needed, with consideration given to keeping with the expectations and desired outcomes of the employability plan. Work Activities Unsubsidized employment - Full or part-time employment in the private, public or nonprofit sector that is not subsidized by TANF or any other public program (excluding employer tax credits). Self-employment and paid internships are included in the definition of unsubsidized employment, if approved by the district. Paid internships would be of the type required of all students to fulfill the education requirements and not a requirement due to the receipt of TA. • Districts may report projected actual hours of unsubsidized employment participation for up to six months based on current, documented actual hours of work. Any time the district receives information that the participant’s actual hours of work have changed, or no later than the end of any six-month period, the district must re-verify the participant’s current, actual average hours of work and may report these projected actual hours of work for the succeeding six month period, unless a change in the number of hours worked which is expected to continue is subsequently reported which must be acted upon by the district in a timely manner. • The number of hours that may be reported for an individual participating in self- employment may be determined by dividing the individual’s net income after subtracting business expenses (this is the amount budgeted before disregards in ABEL) by the federal minimum wage. Districts may secure alternate documentation of self-employment hours including statements from supervisors, business contacts or customers to verify hours of self-employment. For example, districts may document and verify hours of work by an informal child care provider based upon time records used to authorize child care payments or based upon statements from the parent of the child for whom the client is providing care. • Hours of unsubsidized employment may include the hours that the individual is paid by his/her employer to attend a training program or to participate in supportive activities, such as substance abuse treatment, mental health treatment, and rehabilitation activities. Subsidized Private Sector Employment - Employment in the private sector for which the employer receives a subsidy from TANF or other public funds (excluding tax credits) to offset some or all of the wages and costs of employing and training a recipient in accordance with New York State Social Services Law 336-f. Subsidized private sector employment will include positions subsidized through grant diversion/Transitional Employment Advancement Program (TEAP) and paid college work study programs at private institutions. Individuals participating in subsidized private sector employment are paid wages and receive the same benefits as unsubsidized employees who perform similar work. An employment situation will be subsidized for up to the full amount of wages/benefits provided to the program participant and will be subsidized for the length of time as determined appropriate by the State or social services district.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.9- Page 15 Rev. 4/2025 Subsidized Public Sector Employment - Employment in the public sector for which the employer receives a subsidy from TANF or other public funds (excluding tax credits) to offset some or all of the wages and costs of employing and training a recipient in accordance with New York State Social Services Law 336-e. Subsidized public sector employment will include positions subsidized through grant diversion/TEAP, and paid college work study programs at public institutions. Individuals participating in subsidized public sector employment, and work study unless otherwise permitted under a federal work study program, are paid wages and receive the same benefits as unsubsidized employees who perform similar work. An employment situation will be subsidized for up to the full amount of wages/benefits provided to the program participant and will be subsidized for the length of time as determined appropriate by the social services district and approved by the State. Districts are reminded that income from paid work study may not be budgeted to determine the family’s TA eligibility since the income may be treated as a grant. Subsidized public sector employment does not include OJT programs where employers are subsidized to offset the costs of training. There is tremendous flexibility with these programs. For instance, part-time positions may be funded; grant diversion or program funds may be used to cover benefits other than wages or to cover training costs, and local districts are able to establish agreements with employers to better match the needs of the individual. • Districts may report projected actual hours of employment participation for up to six months based on current, documented actual hours of work. Any time the district receives information that the participant’s actual hours of work have changed, or no later than the end of any six-month period, the district must re-verify the participant’s current, actual average hours of work and may report these projected actual hours of work for the succeeding six-month period, unless a change in the number of hours worked which is expected to continue is subsequently reported which must be acted upon by the district in a timely manner. • Hours of subsidized private sector employment may include the hours that the individual is paid by his/her employer to attend a training program or to participate in supportive activities, such as substance abuse treatment, mental health treatment, and rehabilitation activities. Work Experience - Unpaid work performed at a public or not for profit organization to enable participants who cannot find unsubsidized employment to improve their employability. Work experience provides participants with an opportunity to acquire the general skills, training, knowledge and work habits necessary to obtain and retain employment. Participation in work experience includes training required for the participant to complete the work experience assignment. For example, an individual who is expected to provide clerical support in a government agency may be provided training to develop or refine filing and data entry skills as needed to perform the tasks required as part of the work activity assignment.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.9- Page 16 Rev. 4/2025 In addition to those components noted above, work experience will include unpaid internships that are part of any non-graduate student’s education curriculum. Work experience participants must be supervised by a work site supervisor/sponsor, or other responsible party, on an ongoing basis, no less frequently than daily. • As established in SSL 336-c, the maximum hours an individual may be required to participate in work experience is limited to the number of hours derived by dividing the household’s TA deficit amount (from the TA budget) and SNAP allotment amount for the respective month by the higher of the federal or applicable State minimum wage. To calculate the maximum number of hours weekly the monthly from the calculation described above would be further divided by 4.333 and rounded down to the nearest whole number to calculate the number of hours weekly. • An individual participating in work experience for the maximum number of hours permitted by the above limitation will be considered to have fulfilled the 20 core hours of work participation (or 30 for two-parent households or 50 for two-parent households receiving federally subsidized child care) required for participation rate purposes even if the resulting hours of participation are less than would otherwise be required. If an individual is required to work more hours than the core work hour (i.e., 30, 35 or 55) to count toward the work participation rate, the individual must participate in another countable work activity to fulfill those hours for work participation rate purposes. • Districts are authorized to assign individuals to additional work activities that are not limited to the minimum wage calculation for up to 40 hours weekly unless the individual is unable to work such hours due to medical or other work limitations. • New York State statute requires that work experience placements are provided workers’ compensation coverage. • Hours of participation in work experience may include the actual hours that an individual is engaged in an on-site background check or assessment to determine an individual’s suitability for a particular work experience assignment. • Any work component that is required as part of a treatment program for an individual participating in a residential treatment program and which is consistent with the definition of work experience may be reported as participation in work experience for those actual hours documented by the district or treatment provider that the individual participated in such work component. On the Job Training (OJT) - Training in a public or private sector employment setting during which the participant receives work-essential paid training while they are engaged in productive work that provides the knowledge and skills essential to attain full and adequate performance of the job. Supervision of recipients in OJT will be provided in a manner determined appropriate by the employer.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.9- Page 17 Rev. 4/2025 • OJT will be unsubsidized (for which the employer does not receive a subsidy) or subsidized using TANF funds or other funds to offset the cost of the training provided to the participant. • A subsidized OJT will be subsidized for up to the full cost of providing such training and wages/benefits provided to the program participant. • Positions will be subsidized for the length of time determined appropriate by the State or district. • OJT is distinct from subsidized employment due to the fact that the individual must participate in workplace training to attain full and adequate job performance and the subsidy provided is intended to offset the cost of such training. • Districts may report projected actual hours of employment participation, including any paid OJT employment position, for up to six months based on current, documented actual hours of work. Any time the district receives information that the participant’s actual hours of work have changed, or no later than the end of any six month period, the district must re-verify the participant’s current, actual average hours of work and may report these projected actual hours of work for the succeeding six month period, unless a change in the number of hours worked which is expected to continue is subsequently reported which must be acted upon by the district in a timely manner. • Hours of OJT may include the hours that the individual is paid by their employer to attend a training program or to participate in supportive activities, such as substance abuse treatment, mental health treatment, and rehabilitation activities. Job search - The act of seeking or obtaining employment, or preparing to seek or obtain employment, looking for suitable job openings in a group or individual setting, making contact with potential employers, preparing to or applying for and interviewing for jobs and related activities. Participants must be supervised on an ongoing basis no less frequently than daily. For job search, daily supervision may include access to a case manager or district worker for the participant to report on progress or seek additional guidance as needed before the next regularly scheduled contact. Contact between the district worker (or program provider) and the participant must be no less frequent than weekly and can be by phone, in person, or electronically. Actual hours of participation in job search will be reported and may include time participating in job search activities under the direct supervision of the program provider as verified through attendance records or other statements from the program provider and/or based on client logs of the time required to complete such activities. • Actual hours of participation in job search may include travel time between job interviews, but not the time associated with travel from home to the first employer or from the last employer to home.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.9- Page 18 Rev. 4/2025 • Hours of participation may include the actual hours that an individual is engaged in an on- site background check or assessment to determine an individual’s suitability for a particular job search assignment. • Districts and program providers must contact a sample of employers periodically to verify that the participant actually contacted the employer about a job. Such a review is not required in those instances when the district determines that conducting such direct employer contact for documentation would jeopardize current or future job entry efforts by other temporary assistance clients. This determination may be made based upon an assessment of specific employers or as a district policy for all employers. Job search and job readiness training assistance count toward work participation rate requirements for only 120 hours for single parent households with a child under the age of 6/180 hours for all other households in the preceding 12-month period, with no more than four weeks of which may be consecutive. Districts may require that program participants continue to engage in job search beyond the time limit. Job Readiness Training (JRT) - Participation in programs that include seeking and preparing for work. JRT assistance includes two types of activities: (1) traditional activities of resume preparation, training in interviewing skills, and instruction in workplace expectations, training in effective job seeking, or preparation to seek or obtain employment, including life-skills training (participation in parental, infant, and early childhood home visiting services is included in this definition) ; and, (2) activities that improve an individual’s employability, such as substance abuse treatment, mental health treatment, or rehabilitation activities in which a qualified medical or mental health professional has certified that such treatment is necessary. Hours of participation may include the actual hours that an individual is engaged in an on-site background check or assessment to determine an individual’s suitability for a particular job readiness training assistance assignment. • Traditional JRT assistance activities will include: resume preparation, training in interview skills, instruction in workplace expectations, training in effective job seeking and life skills essential to workplace success incorporated within the curriculum including time management, goal setting, budgeting, basic math and literacy skills, household management, interpersonal skills, decision making skills, anger management, and parenting skills when it has been determined that such training could help reduce unplanned work leave or apprehension toward entering employment. • In households with dependent children, JRT will also include treatment and rehabilitative services that are required for individuals unable to work or individuals whose employability and employment retention requires such services. Such services reported as JRT will include: ➢ physical health treatment and rehabilitation services including attending necessary physical therapy and doctor appointments. Such treatment will include medical, behavioral, including those associated with domestic violence, and treatment

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.9- Page 19 Rev. 4/2025 necessary for individuals suffering from substance abuse (current and former users) with such required treatment ranging from detoxification services to after care/abstinence maintenance. This activity should be reported distinctly within the WTWCMS system and NYC reporting platforms; and ➢ health services including therapy, counseling, and other services to address documented mental or emotional disorders that can interfere with an individual’s daily life functions, ability to work, looking for work or the ability to retain employment. This activity should be reported distinctly within the WTWCMS system and NYC reporting platforms. Actual hours spent by a participant in a JRT activity will be reported and may include time participating in JRT under the direct supervision of the program provider as verified through attendance records or other statements from the program provider. Districts may record individuals in an “intensive residential rehabilitation services” program, as defined in 14 NYCRR §819.2, as participating for up to eight hours per day, not to exceed 40 hours per week, so long as the district documents that the individual was at the facility under the supervision of the treatment provider during the days such participation was reported. Participants must be supervised on an ongoing basis no less frequently than daily. Daily supervision of a job readiness training participant must include access to a case manager or other district/employment services provider worker for the participant to report on progress or seek additional guidance as needed before the next regularly scheduled contact. Contact between the district worker (or program provider) and the participant must be no less frequent than weekly and can be by phone, in person, or electronically. Job readiness training assistance counts toward work participation rate requirements for only 120 hours for single parent households with a child under the age of 6/180 hours for all other households in the preceding 12-month period, with no more than four weeks of which may be consecutive. Districts may require that program participants continue to engage in job readiness training assistance beyond the time limit. Community Service - A structured program in which participants perform work for the direct benefit of the community under the auspices of public or nonprofit organizations in accordance with paragraph (g) of section 336 of SSL. Community service placements must be projects that serve a useful community purpose in fields such as health, social services, environmental protection, education, urban and rural redevelopment, welfare, public recreation, public facilities, public safety, and childcare. Community Service programs are designed to improve the employability of participants not otherwise able to obtain unsubsidized employment. • Participation in community service may include training that is directly required for the participant to complete the community service assignment. For example, an individual who is expected to provide clerical support to a food pantry may be provided training to develop or refine filing and data entry skills.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.9- Page 20 Rev. 4/2025 • Community service programs must involve structure and supervision by a work site sponsor, or other responsible party, on an ongoing basis, no less frequently than daily. • Hours of participation may include the actual hours that an individual is engaged in an on- site background check or assessment to determine an individual’s suitability for a particular community service program. • Community service programs do not include activities that meet the definition of another allowable TANF work activity (e.g., vocational education, JRT. • For households without dependent children, community service includes participation in substance abuse treatment programs, mental health and family violence counseling, life skills classes, job readiness training assistance classes and caring for a foster care child or disabled household member. Substance Abuse Treatment and Mental Health/Physical therapy should be reported distinctly within the WTWCMS system and NYC reporting platforms. Districts must report work activity participation in an activity that meets the Work Experience definition as Work Experience and reserve Community Service for the two instances noted below: • Participation that is truly volunteer in nature including unpaid work performed at a school, Head Start program, religious or faith-based institutions, government or nonprofit agency, or as a volunteer in programs such as Americorps or Volunteers in Service to America (VISTA) but will also include such mandated participation when court ordered. These placements would be distinct from Work Experience in that due to the voluntary nature of the participation the hourly participation would not necessarily be limited to the number of hours derived by dividing the amount of the household’s temporary assistance and SNAP benefits by the higher of the federal or State minimum wage. However, a social services district cannot mandate that a recipient perform community services for more hours than the number derived by the grant calculation described above. Participation in a voluntary self- initiated community service activity must be evaluated by the district to determine that such participation provides workplace experience and is expected to improve the employability of the participant. This evaluation would be based upon a review by the district of the tasks involved with the placement and the extent to which those tasks and routine attendance can reasonably be expected to improve the participant’s employability. In these instances, a participant could choose to no longer participate in such activity without penalty but would then be subject to an alternate assignment by the district; therefore, districts may want to require that these participants verify such participation on a more frequent basis than monthly. • Participation otherwise comparable to a work experience placement but categorized as community service to enable the district to use the corresponding federal activity “Providing Child Care to a Community Service participant” for another program participant who is providing child care for the community service participant. In this instance, the placement

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.9- Page 21 Rev. 4/2025 would need to meet the definition of community service and would not be supported by or system derived to be eligible for the deeming provision. The Welfare Reform Tracking System (WRTS) will not automatically deem an individual as meeting the core work requirement if the individual is participating for the number of hours allowed by grant divided by minimum wage for community service participants when this is less than 20 hours. Vocational Education - An organized educational program that directly relates to the preparation of individuals for current or emerging occupations that require training. Such programs shall include, but not be limited to, competency based applied learning which contributes to an individual’s academic knowledge, higher-order reasoning and problem-solving skills (e.g., Certified Nurses Aide training), work attitudes, general employability skills, and the occupational-specific skills necessary for economic independence. Vocational education may also include applied technology education. Vocational education does not generally include basic or remedial education or ESL but may include work focused general education and language instruction that is a regular or integral part of a vocational education program. Districts are responsible for ensuring that any such remedial education or ESL is a regular part of the program for participants with similar skill sets as the TANF-funded/SNA MOE client, is determined necessary by the program provider, and is limited in hours to less than one-half of program participation. Vocational education programs include the completion of activities that provide individuals the knowledge and skills to perform a specific trade, occupation or vocation. Vocational education must be provided by an education or training organization. Vocational education training may include placement in post-secondary education that is intended to lead to attainment of a college certificate or institutional certificate that designates the individual as having attained the competencies necessary to become employed in any occupational category or otherwise be comprised of educational and skills training designed to prepare individuals for employment in current or emerging occupations. Districts are required to determine that the vocational training is preparing the participant for employment in an occupational field in which they can reasonably expect to obtain employment. Districts may offer education or a course of instruction in financial literacy and personal finance which includes instruction on household cash management techniques, career advice to obtain a well-paying and secure job, using checking and savings accounts, obtaining and utilizing short and long term credit, securing a loan or other long term financing arrangement for high cost items; or participation in a higher education course of instruction or trade school as an allowable educational activity. Districts are reminded that to count toward federal work participation requirements as vocational education/job skills training, the education program must directly relate to a specific occupation or job. Additionally, no more than 30 percent of all countable participants may count toward the federal work participation rate calculation due to participation in vocational education or teen parents participating in high school or other education. • Participation in vocational education counts toward work participation rates no more than 12 months during the individual’s lifetime receipt of assistance.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.9- Page 22 Rev. 4/2025 • Actual hours of participation in vocational education will count toward the hours reported as work, not to exceed the federal limit. Hours of participation in a vocational education program must be documented by the provider through attendance rosters or other supporting documentation developed by the district or the provider. • Hours of participation may include the actual hours that an individual is engaged in an on- site background check or assessment to determine an individual’s suitability for a particular vocational education assignment. • Actual hours of participation in vocational education may include supervised homework/study time and up to one hour of unsupervised homework/study time for each hour of class time, provided that the total number of hours of homework/study time does not exceed the documented hours expected by the educational provider. In instances, when the colleges or institutions do not submit the requested documentation of the hours to the district, the district will require ongoing contact with the participant to establish adequate evidence that the participant is maintaining satisfactory attendance and making satisfactory academic progress. Vocational Education, like all unpaid activities must be supervised daily. Daily supervision means that a responsible party has daily responsibility for oversight of the individual’s participation, not necessarily daily, in-person contact with the participant. District case managers must document all client contact in the case record. While daily supervision must be provided, a minimum of a biweekly review of the case record is required with documentation supporting that the caseworker has spoken with the client about their education progress. Regular communication must be no less frequently than bi-weekly and can be by phone, in person, or electronically, to discuss attendance, along with such issues as progress in the educational activity, supportive service needs, and career planning. In addition, all participants will be required to submit documentation of their grade point average (GPA) and final grades at the end of each semester as a condition of their continued enrollment as being considered as an approved TANF work activity in the instructional program and consistent with the individual’s employment plan. Individuals who fail to demonstrate satisfactory progress using this method will be required to submit signed attendance sheets for any subsequent educational enrollments. Job Skills Training Directly Related to Employment - Training or education in job skills to improve a participant’s employability, to ensure clients have the basic skills competencies required by employers to support job entry and/or to advance or adapt to the changing demands of the workplace. Where identified as needed, such training may include the development of basic workplace skills including professional workplace behaviors and decision-making skills. Job skills training may include customized or technical training designed to provide participants with additional workplace skills, post-secondary education courses leading to a bachelor’s or other advanced degree or other training included under the definition of vocational education training. Job skills training may include literacy instruction, English language instruction or other basic education for an individual who has already obtained a high school diploma or equivalency when determined from a client’s assessment that such instruction is needed to improve the participant’s employability.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.9- Page 23 Rev. 4/2025 • Must be supervised on an ongoing basis no less frequently than daily; • Actual hours of participation in job skills training will count toward the hours reported as work for hours above the core work requirement. Hours of participation in a job skills training program must be documented by the provider through attendance rosters or other supporting documentation developed by the provider; • Hours of participation may include the actual hours that an individual is engaged in an on- site background check or assessment to determine an individual’s suitability for a particular job skills training assignment; • Actual hours of participation in an educational activity which meets the definition of job skills training may include supervised homework/study time and up to one hour of unsupervised homework/study time for each hour of class time, provided that the total number of hours of homework/study time does not exceed the documented hours expected by the educational provider. Education Training – Education training related to employment in the case of a recipient who has not received a high school diploma or certificate of high school equivalency must be related to a specific occupation, job or job offer or otherwise determined based on a client assessment as necessary to improve the participant’s employability to support job entry, retention or advancement. Education directly related to employment may include courses designed to provide the knowledge and skills for general or specific occupations or work settings to ensure clients have the basic skills competencies required by employers and may also include adult basic education, English as a Second Language (ESL) instruction and education leading to a High School equivalency (HSE) diploma as determined as necessary to improve the participant’s job opportunities in potential occupations. Where identified as needed, such training may include the development of basic workplace skills including professional workplace behaviors and decision-making skills. • Where required by an employer or determined necessary to improve the participant’s job opportunities with potential occupations, includes education leading to a general educational development (GED) or high school (HS) equivalency diploma; • Must be supervised on an ongoing basis no less frequently than daily; • Actual hours of participation in education directly related to employment, except as noted below, will count toward the hours reported as work for hours above the core work requirement. Hours of participation in education directly related to employment must be documented by the provider through attendance rosters or other supporting documentation developed by the provider; • Hours of participation may include the actual hours that an individual is engaged in an on- site background check or assessment to determine an individual’s suitability for a particular educational activity that meets this work activity;

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.9- Page 24 Rev. 4/2025 • Actual hours of participation in an educational activity which meets the definition of education directly related to employment may include supervised homework/study time and up to one hour of unsupervised homework/study time for each hour of class time, provided that the total number of hours of homework/study time does not exceed the documented hours expected by the educational provider; • Teen parents or minor child head of households participating in this activity for at least 20 hours averaged weekly count fully toward work participation rate requirements. Satisfactory Attendance at Secondary School - Regular attendance in accordance with the requirements of the secondary school or a course of study at a secondary school or other institution leading to a HSE, in the case of a recipient who has not completed secondary school or received a certificate of general equivalence. Secondary school participation may include general adult basic education or ESL if it is linked to attending secondary school or leading to a HSE as determined necessary by the educational institution. Secondary School or HSE programs that routinely include ESL, career training, alternative school, tutoring, dropout prevention, teen pregnancy or parenting programs as a requirement of program participation as determined by the educational institution will also be permitted. • Must be supervised on an ongoing basis, no less frequently than daily; • Actual hours of participation in such activities, except as noted below, will count toward the hours reported as work for hours above the core work requirement. Hours of participation in such activities must be documented by the provider through attendance rosters or other supporting documentation developed by the provider; • Hours of participation may include the actual hours that an individual is engaged in an on- site background check or assessment to determine an individual’s suitability for a particular secondary school or equivalent program assignment; • Actual hours of participation in an educational activity which meets the definition of satisfactory attendance at secondary school or in a course of study leading to a certificate of general equivalence, in the case of a recipient who has not completed secondary school or received such a certificate may include supervised homework/study time and up to one hour of unsupervised homework/study time for each hour of class time, provided that the total number of hours of homework/study time does not exceed the documented hours expected by the educational provider; • Teen parents or minor child head of households who maintain satisfactory attendance at secondary school or the equivalent count fully toward participation rate requirements. Provision of Child Care for Individual Participating in Community Service - Providing unpaid child care to enable another Temporary Assistance (TANF/MOE funded) recipient to participate in a community service program.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.9- Page 25 Rev. 4/2025 • Participants must be supervised on an ongoing basis no less frequently than daily. Supervision may include access to the parent/guardian of the child through a telephone or other mechanism to seek guidance and clarification. • Does not include providing child care to a TANF or SN-MOE recipient participating in any activity other than community service. Other Work Activities - Districts should ensure that all local activities meet the definitions included above, to the extent possible, but are permitted to enroll individuals in other work activities that do not count toward work participation rates. These other work activities must be outlined in the district’s Temporary Assistance and SNAP Employment Plan and can be assigned when necessary to improve a participant’s employability. SNAP Districts may operate any work activity authorized under 18 NYCRR 385.9 that is included in a district’s local biennial employment plan as part of the district’s SNAP E&T program. These work programs operate in accordance with federal and State statute and regulations governing SNAP and TA work programs and are guided by the goal of helping each SNAP participant obtain paid employment. Districts must provide case management services to all non-exempt TA/SNAP recipients and NTA/SNAP recipients who are assigned to one or more SNAP E&T work activities by the district in accordance with Section 3.4(d) of the district’s biennial employment plan. Case management services include the completion of an employment assessment, the development of an employment plan, monitoring the individual’s progress in the assigned SNAP E&T activity component, and coordination with service providers. The following program components will be operated as part of NYS’s SNAP E&T program: • Supervised Job Search • Job Readiness Assistance (NOTE: Consistent with federal regulations and reporting requirements for SNAP imposed by the USDA Food and Nutrition Service (FNS), participation in home visiting services cannot be reported as participation in SNAP E&T for individuals in PA/SNAP households) • Career and/or Technical Education Programs or Other Vocational Training (including job skills training) • Education Training • Work Experience • Subsidized Employment (private or public sector and on-the-job training) • Community Service

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.9- Page 26 Rev. 4/2025 All program requirements are consistent with those available through TA work activity programs. However, for SNAP E&T purposes the supervised job search component is defined as seeking or obtaining employment through a job search that is directly supervised and may include: case management services, career exploration, interview preparation, job application assistance, learning appropriate workplace expectations and behaviors in preparation for submitting job applications and interviewing, job leads, and direct job referrals. Individuals who are concurrently receiving TA may be assigned to work activities up to 40 hours per week. If a TA recipient is concurrently assigned to a SNAP work activity, up to 30 hours weekly of each week’s required hourly assignment is considered a SNAP assignment and the balance is considered a TA assignment. In addition to receiving case management services as part of their SNAP E&T work activity assignment, SNAP E & T participants may also receive job development and placement services, participant reimbursements, and job retention services (subject to the limits described in Section 385.3) that are necessary for the individual to participate in assigned work activities.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.9- Page 27 Rev. 4/2025 Part C - Questions and Answers Q.1 Can districts approve two-year and four-year college programs as an employment activity? A.1 Yes. Districts may approve any work activity that meets the individual’s need for moving toward self-sufficiency. Participation in post-secondary education is included in the definitions of vocational education and job skills training to the extent such activities are consistent with federal and State requirements. Districts are no longer required to assign 20 hours of concurrent work activity for clients engaged in post-secondary education beyond a 12-month period. However, districts may assign a concurrent work activity if the client’s assessment and employment plan support such an assignment and the work activity does not interfere with the client’s education. Q.2 Can districts assign an individual to more than one countable activity in order to meet the minimum requirement of hours per week in the participation rate calculation? A.2 Yes, unless the individual is unable to work such hours due to a documented medical or other work limitations. Q.3 Do we have to notify clients of the combined hours assigned to PA work experience activity and the SNAP E&T work experience activity? If noncompliance occurs, how should the notice be written? A.3 Yes, the client must be informed that they are being assigned to two activities (SNAP E&T work experience and TANF or Safety Net Work Experience). The client must be informed these are separate programs with separate consequences for noncompliance. Q.4 Can districts assign individuals to financial literacy and person finance instruction programs? A.4 Yes. Districts may offer education or a course of instruction in financial literacy and personal finance which includes instruction on household cash management techniques, career advice to obtain a well-paying and secure job, using checking and savings accounts, obtaining and utilizing short and long term credit, securing a loan or other long term financing arrangement for high cost items; or participation in a higher education course of instruction or trade school as an allowable educational activity. Financial literacy and personal finance related activities may also be reported under Job Readiness Training.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual Section 385.10 – Page 1 Rev. 4/2025 Section 385.10 - Local District Employment Plans Table of Contents Section 385.10 - Local District Employment Plans ....................................................................... 1 Part A - The Regulations ........................................................................................................... 2 Part B - Department Policy ........................................................................................................ 4 Part C - Questions and Answers ............................................................................................... 5

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual Section 385.10 – Page 2 Rev. 4/2025 Part A - The Regulations (a) General requirements The social services official shall submit a biennial plan to the office which includes all of the elements specified in this section. The commissioner shall establish a beginning and ending date which shall constitute the effective dates for which such plan is in force. 1) The plan shall describe the provision of education, work training and the supportive services which are related to the operation of work activity programs for public assistance and SNAP programs by the local district. 2) The plan shall be developed in cooperation and coordination with: i) public and private education institutions; ii) child care providers; iii) child care resource and referral agencies if available in the district; iv) labor unions; v) libraries; vi) public and private employers; vii) employment and training agencies and organizations; and viii) private industry councils. 3) The plan shall be available for review and comment by the public at the offices of the social services district for a period not less than 30 days prior to the date that the plan must be submitted to the commissioner. 4) No later than 90 days prior to the date on which the biennial plan must be submitted to the Office (or 60 days if the date of submission of the plan to the Office and for public comment are the same), the commissioner shall transmit planning instructions to each social services official which shall include, but not be limited to: i) the date of plan submission to the office; ii) instructions for completing the plan and for submitting amendments thereto. 5) The plan shall include, but not be limited to: i) estimates of the number of participants to be served; ii) a description of the supportive services which the social services district will provide individuals assigned to work activities; iii) a description of the work activities which will be available in the social services district; iv) a description of the social services district's plan to meet Federal and State participation rate requirements; v) a description of the process to be used by the social services district in meeting the requirements of the disability program described in section 385.2 of this Part;

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual Section 385.10 – Page 3 Rev. 4/2025 vi) a list of the education and training and other work activity providers with which the social services district expects to enter into agreements or contracts, along with a description of the contracts; vii) a description of orientation provided in accordance with the requirements of section 385.5 of this Part; viii) a description of the assessment tools, qualification requirements for employees providing assessments, the social services district's administrative unit responsible for providing assessments or the entity contracted by the social services district to provide assessments and employability plans; ix) a description of conciliation procedures established in accordance with the requirements of section 385.11 of this Part; and x) a description of the approval of training policy. 6) The plan shall also include any additional information which the commissioner deems necessary to comply with Federal and State reporting requirements or for office planning and program analysis. 7) The plan shall be amendable upon notice and comment as directed by the commissioner.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual Section 385.10 – Page 4 Rev. 4/2025 Part B - Department Policy The biennial Temporary Assistance (TA) and Supplemental Nutrition Assistance Program (SNAP) Employment Plan (Plan) outlines local policy governing programs operated to provide employment services for TA and SNAP applicants and recipients as well as optional non- assistance services for individuals eligible for Temporary Assistance for Needy Families (TANF) services with incomes up to 200% of the federal poverty level. The Plan covers many aspects of district employment services such as the district’s policy and/or procedure for participant assessments and employment plans, approval of training programs, disability determinations and work accommodation procedures, available support services, work activities offered, program partners, work verification procedures and conciliation procedures. The activity definition and other sections are consistent with the requirements included in 08 ADM-07, Implementation of Final TANF Rule. Section 333 of the New York State Social Services Law requires that every two years each district submit for approval to the Office of Temporary and Disability Assistance (OTDA) a plan that describes the district’s employment services program. The Plan must include a description of the provision of education, work, training, and support services for all TA and SNAP applicants and recipients along with other information required by OTDA. In accordance with Department Regulation 18 NYCRR 385.10, a social services district’s TA and SNAP Employment Plan must be developed in cooperation with local education institutions, childcare providers, childcare resource and referral agencies, labor unions, libraries, public and private employers, employment and training agencies, Workforce Innovation and Opportunity Act partners, and Workforce Development Boards, as well as any other applicable agencies or institutions. Draft Plans are required to be made available for public comment for a 30-day period. The 30-day public comment period should begin at the time the draft plan is submitted to the Office of Temporary and Disability Assistance for initial review.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual Section 385.10 – Page 5 Rev. 4/2025 Part C - Questions and Answers Q.1 Can a district make changes to its local plan? A.1 Districts may amend their approved plan at any time. A thirty-day comment period may be necessary depending on the extent of the amendment. The district’s Employment Services Advisor should be consulted when the district wishes to amend their approved plan. Q.2 How will the Office of Administrative Fair Hearings be apprised of how a district’s work activities and other plan elements are defined? A.2 The Office of Administrative Fair Hearings will have access to each district’s plan. The local plan, once finalized, will become the district’s policy manual and the document by which district actions will be judged when fair hearings are held.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.11 – Page 1 Rev. 3/2022 Section 385.11 - Conciliation Table of Contents Section 385.11 - Conciliation ...................................................................................................... 1 Part A - The Regulations ........................................................................................................ 2 Part B - Department Policy ..................................................................................................... 8 Conciliation for Instances of Noncompliance ....................................................................... 8 New York City ..................................................................................................................... 8 Districts Outside Of New York City .....................................................................................11 Supplemental Nutrition Assistance Program (SNAP): ........................................................12 Creating the Conciliation Notice .........................................................................................14 Dispute Resolution (Temporary Assistance) ......................................................................15 Part C - Questions and Answers ............................................................................................16

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.11 – Page 2 Rev. 3/2022 Part A - The Regulations a) Conciliation for refusal or failure to comply with public assistance work requirements for individuals not living in a city with a population of 1,000,000 or more people. 1) The social services official shall issue a conciliation notice to any applicant for or recipient of public assistance who has refused or failed to comply with the requirements of this Part. However, no notice of conciliation shall be issued to: an applicant deemed ineligible for public assistance pursuant to section 385.2(c)(1) of this Part; an applicant who is ineligible for public assistance pursuant to section 385.6(a)(7)(i) of this Part; an applicant who is ineligible for public assistance pursuant to section 385.7(a)(7)(i) of this Part; or an applicant who is ineligible for public assistance pursuant to section 385.9(e)(5) of this Part. 2) Such notice shall: i) indicate that a failure or refusal to participate has occurred; ii) indicate the specific instance or instances of willful refusal or failure to comply without good cause with the requirements of this Title; iii) indicate that the individual has a right to provide reasons for such failure or refusal to participate; iv) Include an explanation of what constitutes good cause for non-compliance and acceptable forms of evidence that may warrant an exemption from work requirements including, but not limited to, evidence of domestic violence, and/or physical and/or mental health conditions. Such evidence may be provided at the conciliation conference; v) include the necessary actions that must be taken to avoid a pro rata reduction in public assistance benefits; and vi) indicate that, in the case of an applicant for or recipient of family assistance, the individual shall have 10 days from the date of the conciliation notice to request a conciliation, and in the case of an applicant for or recipient of safety net assistance, 7 calendar days from the date of the conciliation notice to request conciliation. 3) If the individual does not contact the social services official within the periods set forth in paragraph (2) of this subdivision, the social services official shall issue a notice of denial or a 10-day notice of intent to discontinue or reduce public assistance. Such notice shall:

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.11 – Page 3 Rev. 3/2022 i) be designed by the office; provided, however, that the social services official may submit for approval a local equivalent which meets the requirements of this paragraph; ii) indicate the specific instance or instances of willful refusal or failure to comply without good cause with the work requirements of this Part; iii) indicate the necessary actions that must be taken to avoid a pro rata reduction in public assistance benefits; and iv) include a statement, approved by the commissioner and in accordance with the provisions of Part 358 of this Title, indicating that the individual has the right to a fair hearing related to such denial, discontinuance or reduction. 4) If the individual contacts the social services official within the periods set forth in paragraph (2) of this subdivision, the individual shall be responsible for providing the social services official with reasons for his or her failure or refusal to comply. i) if the social services official determines that the individual's refusal or failure to comply was willful and without good cause, the social services official shall issue a 10-day notice pursuant to the requirements of paragraph (3) of this subdivision; ii) if the social services official determines that the individual's failure or refusal to comply was not willful or was with good cause, the procedure shall terminate. 5) The conciliation period shall last no longer than 14 calendar days from the date on which an applicant for or recipient of safety net assistance requests conciliation, and no longer than 30 calendar days from the date of the conciliation notice issued to an applicant for or recipient of family assistance, unless the individual and the social services official agree that the conciliation period should last longer. b) Reengagement/conciliation; refusal to participate with public assistance work requirements for individuals living in a city with a population of 1,000,000 or more people. (1) The social services official shall issue a reengagement/conciliation notice to any applicant for or a recipient of public assistance who has refused or failed to comply with the requirements of this Part. However, no notice of reengagement/conciliation shall be issued to: an applicant deemed ineligible for public assistance pursuant to section 385.2(c)(1) of this Part; an applicant who is ineligible for public assistance pursuant to section 385.6(a)(7)(i) of this Part; an applicant who is ineligible for public assistance pursuant to section 385.7(a)(7)(i) of this Part; or an applicant who is ineligible for public assistance pursuant to section 385.9(e)(5) of this Part. (2) Such notice shall:

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.11 – Page 4 Rev. 3/2022 (i) indicate that a refusal or failure to participate has occurred; (ii) indicate the specific instance or instances of willful refusal or failure to comply without good cause with the requirements of this Title; (iii) indicate that the individual has a right to provide reasons for such refusal or failure to participate or to avoid a pro rata reduction in public assistance benefits; (iv) include an explanation of what constitutes good cause for non-compliance and acceptable forms of evidence that may warrant an exemption from work requirements including, but not limited to, evidence of domestic violence, and/or physical and/or mental health conditions. Such evidence may be provided at the reengagement/conciliation conference; (v) indicate that the individual’s case was reviewed before sending the notice required pursuant to this section and that the social services district has determined, based on the information available at the time of the review, that appropriate child care, transportation and accommodations for a disability as reasonably known to the social services district to have been appropriate to the individual were available at the time of the refusal or failure to participate; (vi) include the necessary actions that must be taken to avoid a pro rata reduction in public assistance benefits, including reengaging in work activities as assigned by the social services district for a minimum of 5 business days but no more than 10 business days. An individual may also avoid a pro rata reduction in public assistance benefits by documenting an exemption pursuant to section 385.2 of this Part; and (vii) indicate that the individual shall have 10 calendar days from the date of the reengagement/conciliation notice to request reengagement/conciliation. (3) If the individual does not contact the social services official within 10 calendar days from the date of the reengagement/conciliation notice, the social services official shall make a finding of whether the alleged refusal or failure to comply was willful and without good cause. The social services district shall consider any evidence in the possession of the social services district indicating that the participant has good cause. If the individual is otherwise participating in work activities as assigned by the social services district, there shall be no finding of willfulness without good case based on a single missed appointment or infraction. If the social services district determines that the noncompliance was willful and without good cause, the individual has not reengaged in work requirements as assigned by the social services district and the individual has not documented that he/she is exempt from the assigned work requirement, the social services district shall issue a notice of denial or a 10-day notice of intent to discontinue or reduce public assistance. Such notice shall:

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.11 – Page 5 Rev. 3/2022 (i) be designed by the office; provided, however, that the social services official may submit for approval a local equivalent form which meets the requirements of this paragraph; (ii) indicate the specific instance or instances of willful refusal or failure to comply without good cause with the requirements of this Title; (iii) indicate that the social services district has determined, based on the information available to the social services district at the time of the review, that appropriate child care, transportation and accommodations for a disability as reasonably known to the social services district were available at the time of the failure to participate; (iv) indicate the necessary actions that must be taken to avoid a pro rata reduction in public assistance benefits including reengaging in work requirements as assigned by the social services district or documenting that he/she has become exempt from the requirement to participate in work activities pursuant to section 385.2 of this Part; and (v) include a statement approved by the commissioner, and in accordance with the provisions of Part 358 of this Title, indicating that the individual has the right to a fair hearing related to such denial, discontinuance or reduction. (4) If the individual contacts the social services official within the period set forth in paragraph (2) of this subdivision, the individual shall be responsible for providing the social services official with the reason(s) for his or her refusal or failure to comply. (i) If the social services official determines that the individual's refusal or failure to comply was willful and without good cause and the individual does not reengage in work requirements as assigned by the social services district for a minimum of 5 business days but not more than 10 business days, the social services official shall issue a 10-day notice pursuant to the requirements of paragraph (3) of this subdivision. (ii) If the social services official determines that the individual's refusal or failure to comply was not willful or was with good cause or the individual reengages in work requirements as assigned by the social services district for a minimum of 5 business days but not more than 10 business days, the reengagement/conciliation procedure shall terminate. (5) The reengagement/conciliation period shall last no longer than 30 calendar days from the date of the conciliation notice issued to a public assistance applicant or recipient, unless the social services official extends the conciliation period based on case specific circumstances. (6) No notice shall be sent unless it has been determined that the individual is not exempt and that appropriate child care, transportation and accommodations for a disability as reasonably know to the social services district were available at the time of refusal or failure to comply.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.11 – Page 6 Rev. 3/2022 c) Conciliation for the grievances of individuals assigned to public assistance work activities. 1) The social services official must establish a conciliation procedure for the resolution of grievances initiated by individuals assigned to work activities. 2) In establishing such procedure, the social services official must: i) enter into an agreement with an independent entity; ii) employ district staff at a supervisory level who are trained in mediation and who have no direct responsibility for an individual's case; or iii) designate supervisory staff, who need not be trained in mediation who have no direct responsibility for an individual's case to serve as mediators for such grievances. 3) Such procedure must afford the individual an opportunity to dispute an assignment to a work activity made in accordance with the provisions of this Part. 4) The social services official shall provide for at least one meeting which includes the individual, appropriate social services staff and the mediator. Such meeting shall occur within 30 days of the day on which the individual submitted a grievance in writing to the social services official. 5) No sanction relating to the subject dispute shall be imposed during the conciliation process, which shall begin on the day on which the individual submitted a grievance in accordance with the provisions of this subdivision and shall end on the day upon which written notice has been provided to the individual which indicates the results of the conciliation. 6) If the individual's grievance is not resolved through conciliation, the individual shall be informed of the right to a fair hearing. Notwithstanding such right to a fair hearing, the individual shall be required to participate in work activities as assigned in accordance with the requirements of this Part during the adjudication process. (d) Conciliation for refusal or failure to comply with Supplemental Nutrition Assistance Program (SNAP) work requirements. (1) The social services official shall issue a conciliation notice to a SNAP recipient who has failed or refused to comply with SNAP work requirements. (2) Such notice shall: (i) indicate that a failure or refusal to participate has occurred;

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.11 – Page 7 Rev. 3/2022 (ii) indicate that the individual has a right to provide reasons for such failure or refusal to participate; (iii) indicate that the individual has a right to avoid a reduction or discontinuance in SNAP benefits by timely demonstrating compliance with SNAP work requirements as determined by the social services district; and (iv) indicate that the individual shall have 10 calendar days from the date of the notice to request a conciliation and/or an opportunity to timely demonstrate compliance with SNAP work requirements. (3) If the individual does not contact the social services official within the time period set forth in paragraph (2) of this subdivision and provide a good cause reason for his or her failure or refusal to comply with SNAP work requirements, document an exemption from work requirements, or timely demonstrate compliance with SNAP work requirements, the social services official shall issue a 10-day notice of intent to discontinue or reduce SNAP benefits. (4) If the individual does contact the social services official within the time period set forth in paragraph (2) of this subdivision, the individual shall be responsible for providing the social services official with reasons for his or her failure or refusal to comply, and may be required to produce documentation establishing such reasons as determined necessary by the social services district. (i) If the social services official determines that the individual's failure or refusal to comply was with good cause, the conciliation procedure shall terminate. (ii) If the social services official determines that the individual's failure or refusal to comply was without good cause, the social services official shall issue a 10-day notice of intent to discontinue or reduce SNAP benefits pursuant to paragraph (3) of this subdivision, unless the individual demonstrates compliance pursuant to paragraph (5) of this subdivision. (5) Regardless of whether the individual provides reason for his or her failure to participate in SNAP work requirements, should the individual demonstrate compliance with SNAP work requirements as assigned and in the timeframe established by the social services district, then the conciliation procedure shall terminate. (6) The conciliation period shall last no longer than 30 calendar days from the date of the conciliation notice, unless the social services official determines that the conciliation period should last longer.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.11 – Page 8 Rev. 3/2022 Part B - Department Policy Conciliation for Instances of Noncompliance Districts are required to offer conciliation when an applicant or recipient fails to comply with Temporary Assistance (TA) and/or SNAP work requirements (other than TA applicant assessment, TA applicant job search and applicant voluntary job quit/reduction in earning capacity) as assigned by the district. Conciliation for instances of noncompliance is a procedure designed to provide individuals who have failed to comply with employment requirements a chance to give the district reasons why they failed to comply and to show that the failure to comply was not willful and was with good cause. Conciliation can be accomplished through a face-to-face meeting, telephone discussion or in writing by the individual. If conciliation takes place, the district must inform the individual in writing of the results. This notification can be done separately, or as a part of the denial notice for applicants or ten-day notice for recipients. District procedure for conciliation must be described in the local employment plan. The conciliation period should last no longer than 14 calendar days from the date on which an applicant for or recipient of safety net assistance requests conciliation, and no longer than 30 days from the date of the conciliation notice issued to an applicant for or recipient of family assistance, unless the individual and the social services official agree that the conciliation period should last longer. As specified in 18 NYCRR 385.11 and 385.12, the conciliation procedures for noncompliance with a TA work requirement differ for New York City versus districts outside of New York City. Districts must follow the appropriate TA conciliation procedures as described below. New York City When the New York City Human Resource Administration (HRA) discovers that an individual has failed to comply with a TA and/or SNAP work requirement (other than TA applicant assessment, TA applicant job search and applicant voluntary job quit/reduction in earning capacity) assigned by HRA, then HRA must offer the individual re-engagement/conciliation. The re-engagement/conciliation process must include the following steps: Case Record Review: Prior to issuing the re-engagement/conciliation notice, HRA must first complete a review of the case record to confirm, based on the information available at the time of the review, that the individual was not exempt from work requirements and that any necessary supportive services and accommodations for a disability (if needed) were available at the time of noncompliance. If HRA determines that the individual had good cause, was exempt at the time of the

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.11 – Page 9 Rev. 3/2022 noncompliance (other than failure to comply with the completion of an employment assessment) or that any necessary supportive service or accommodation for a disability was not available at the time of noncompliance, the re-engagement/conciliation process must be terminated, no re- engagement/conciliation notice should be sent, and a sanction should not be imposed. If an individual is determined to be nonexempt, HRA should provide the necessary supportive services or accommodation and seek to re-engage the individual in work activities consistent with the individual’s employment assessment and any documented work limitations. If an individual is determined to be exempt from work requirements, HRA should determine the individual’s current employability status, and if still exempt, determine if engagement in any treatment, medical care, or rehabilitation is appropriate. Issuance of Re-engagement/Conciliation Notice: If HRA determines, based on the information available at the time of the case review, that the individual was not exempt, and that any necessary supportive services (e.g., childcare, transportation, and accommodations for a disability) were available at the time of noncompliance, the re-engagement/conciliation notice must be issued by HRA to inform the individual of the opportunity to avoid a TA sanction and a pro-rata reduction or discontinuance in TA benefits by demonstrating compliance with the assigned work activity, by documenting that they are exempt from work activities, or by showing good cause for the failure to comply. The re-engagement/conciliation notice must: • identify the specific act or acts of noncompliance (failure or refusal to participate) that has/have taken place; • inform the individual of the right to avoid the pro-rata reduction in TA benefits through re-engagement (demonstrating compliance with assigned work requirements, by documenting an exemption consistent with 18 NYCRR §385.2 or by otherwise demonstrating that the noncompliance was not intentional or with good cause); • indicate that HRA has reviewed the case record and based on the information available determined that the individual is not exempt from work requirements and that the necessary supportive services and accommodations for a disability were available at the time of the noncompliance; • explain what would constitute good cause and provide examples of acceptable forms of documentation that may be provided to HRA to warrant an exemption or excused absence (e.g. medical note, letter from the court, etc.); and • indicate that the individual has 10 calendar days to appear at the conciliation conference to explain why they did not participate in the assigned work requirement.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.11 – Page 10 Rev. 3/2022 For individuals who participate in the conciliation appointment HRA must evaluate good cause and whether the noncompliance was willful. The individual is responsible for notifying HRA of the reasons for refusing or failing to comply with a work requirement and for providing documentation to support any claim of good cause, or exemption from work requirements. Since the determination of good cause may be based upon the credible explanation provided by the client, with or without supporting documentation, good cause may be granted without documentation in some circumstances and should be noted in the case record. There should be no finding of willful and without good cause based on the refusal or failure to comply with a single appointment or work requirement if the individual is otherwise participating in work activities as assigned by HRA. If it is determined that the individual did not have good cause and that their actions to not comply with work requirements were willful, HRA must inform the individual of the ability to avoid the TA sanction by demonstrating compliance with an assigned work activity for a minimum of five business days but no more than 10 business days. Demonstrating compliance means that the individual engages in the assigned work activity and fully participates as assigned by HRA for at least five business days. If the individual indicates an agreement to comply, HRA must immediately re-engage the individual in work activities. Engagement in the assigned work activity for five business days, as assigned by HRA, will demonstrate that the individual is willing to comply with TA and SNAP work requirements and permit the individual to avoid a work-related sanction. If the individual participates as assigned for at least five business days, no sanction should be imposed. Note: Individuals should not be terminated from a work activity during the re-engagement/ conciliation process, unless HRA determines that the work activity is no longer consistent with the individual’s employment assessment or any documented work limitations, or the activity is no longer available. This will help ensure that an individual has the ability to immediately re- engage during the re-engagement/conciliation process. For individuals who do not respond to the re-engagement/conciliation notice within the 10-day time limit, HRA must determine, based on the information available to the district, whether the alleged refusal or failure to comply was willful and without good cause without the individual’s input. If the individual is otherwise participating in work activities as assigned by HRA, there shall be no finding of willfulness without good cause based on a single missed appointment or infraction. The re-engagement/conciliation process for the specific act of noncompliance cited in the re- engagement/conciliation notice must end once HRA confirms that the individual demonstrated compliance by appearing at the assigned work activity and participating for a minimum of 5 business days. The individual would thereafter be expected to continue to participate as assigned. Any subsequent act of noncompliance with assigned work requirements would be considered a separate instance of noncompliance and must be addressed through a separate re-engagement/conciliation and sanction process.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.11 – Page 11 Rev. 3/2022 The re-engagement/conciliation period shall last no longer than 30 calendar days from the issuance date of the conciliation/re-engagement notice, unless the HRA extends the period based on case specific circumstances. TA applicants and recipients who do not respond to the re-engagement/conciliation notice, refuse to or do not demonstrate compliance as assigned by HRA for a minimum of 5 business days may be subject to a non-durational TA and/or durational SNAP sanction in those instances where the worker determines that the individual intentionally and without good cause refused or failed to comply with an assigned work requirement. Districts Outside Of New York City When the district discovers that a TA applicant or recipient individual has failed to comply with a TA and/or SNAP work requirement (other than TA applicant assessment, TA applicant job search and applicant voluntary job quit/reduction in earning capacity), it must send the individual a notice which indicates that there has been a failure to comply and that the individual has ten days to respond. Such notice must: • identify the specific act or acts of noncompliance (failure or refusal to participate) that has/have taken place; • inform the individual of the right to avoid the pro-rata reduction in TA benefits by documenting an exemption consistent with 18 NYCRR §385.2 or by otherwise demonstrating that the noncompliance was not intentional and was with good cause; • explain what would constitute good cause and provide examples of acceptable forms of documentation that may be provided to districts to warrant an exemption or excused absence; and • indicate that the individual has 10 calendar days to respond and request conciliation. If the individual responds to the notice within the time allowed, they must be provided the opportunity to report to the district and provide reasons for the noncompliance. The district must review the reasons provided by the individual, along with any other evidence it has about the noncompliance and make a determination of whether the noncompliance was both willful and without good cause. If the district determines that the individual had good cause, was exempt at the time of the noncompliance (other than failure to comply with the completion of an employment assessment) or that any necessary supportive service or accommodation for a disability was not available at the time of noncompliance, a sanction should not be imposed. If the individual does not respond to the conciliation notice within the prescribed time limit, the district must make a determination of good cause without the individual’s input. If the district

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.11 – Page 12 Rev. 3/2022 determines that the failure to comply was both willful and without good cause, then it must send the individual a ten-day notice of intent to reduce pro-rata in a multi-person case) or discontinue benefits (for a single person case). Supplemental Nutrition Assistance Program (SNAP) Districts are required to provide non-exempt SNAP work registrants who fail or refuse to comply with a mandatory SNAP Employment and Training (E&T) requirement the opportunity to request conciliation and to demonstrate compliance in a SNAP work activity to avoid the SNAP work- related sanction. All districts must implement SNAP conciliation procedures consistent with the requirements as described below. If a non-exempt SNAP work registrant refuses or fails to comply with a mandatory SNAP E&T work requirement, districts must make a determination as to whether the refusal or failure to comply was willful and without good cause. Districts are also required to offer all SNAP recipients who fail or refuse to comply with an assigned work activity willfully and without good cause an opportunity to avoid a SNAP sanction by demonstrating compliance. Districts must continue to make certain that individuals have the opportunity to document an exemption from participation in SNAP work activities at any time during this process. Individuals who demonstrate that the noncompliance was not willful, had good cause, or document an exemption from SNAP E&T requirements, or demonstrate compliance with SNAP work requirements as assigned by the district would not be subject to a SNAP E&T sanction. Note: The requirements for conciliation do not apply to noncompliance with a SNAP E&T requirement by SNAP applicants or voluntary job quit or reduction in earnings by SNAP applicants (other than SNAP work registrants who have received expedited SNAP benefits and as such are considered SNAP recipients consistent with federal regulations). Districts should not offer the opportunity for conciliation and/or re-engagement to SNAP applicants who fail or refuse to comply with a SNAP E&T requirement or voluntarily quit or reduce earnings without good cause. Districts must continue to consider good cause when evaluating a SNAP applicant’s failure to comply with a SNAP E&T requirement or voluntary quit or reduction in work effort, but are not required to offer the opportunity to avoid a SNAP sanction by demonstrating compliance. If a non-exempt SNAP work registrant fails or refuses to comply with an assigned SNAP E&T work activity, districts should document this information in the case record and must issue the SNAP conciliation notice to inform the work registrant of the noncompliance, the opportunity to show that the individual’s failure to comply was not willful and was with good cause, and the opportunity to demonstrate compliance with SNAP work activities to avoid a SNAP E&T sanction. The conciliation notice must:

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.11 – Page 13 Rev. 3/2022 • identify the specific act or acts of noncompliance (failure or refusal to participate) that has/have taken place; • inform the individual of the right to avoid the incremental reduction in SNAP benefits by documenting good cause for the noncompliance, by documenting an exemption from SNAP work requirements, or by demonstrating compliance with assigned work requirements; • explain what would constitute good cause and provide examples of acceptable forms of documentation that may be provided to districts to warrant an exemption or excused absence; and • indicate that the individual has 10 calendar days to respond and request conciliation and/or re-engagement in SNAP work activities. Individuals must be provided at least 10 days from the date of the conciliation notice to respond and request conciliation and/or re-engagement in SNAP work activities. Districts have the ability to conduct conciliations in person, by phone, and/or by mail. For individuals who are receiving SNAP and TA concurrently, districts can inform the individual of the opportunity for SNAP conciliation and the opportunity to demonstrate program compliance to avoid a SNAP sanction through the same conciliation notice. If an individual responds to the conciliation notice within the timeframe allowed, does not have good cause for the failure to comply and indicates a desire to avoid a SNAP E&T sanction through demonstrated compliance, the district should re-engage the individual and may require up to 10 days of demonstrated compliance consistent with Section 5.2 of the district’s Temporary Assistance and SNAP Employment Plan approved by OTDA. Districts may add additional days, if the individual has good cause during the demonstrated compliance period, provided that the total number of days that an individual is required to demonstrate compliance does not exceed 10 days. Districts are required to provide child care or transportation services that are necessary to enable the participant to demonstrate compliance with SNAP work requirements. Individuals may be assigned to the same work activity for which they failed to comply to demonstrate compliance to avoid a SNAP E&T sanction, unless the district determines that the work activity is no longer available or is no longer consistent with the individual’s employment assessment and plan. Additionally, no adjustment is necessary to the hours of a work experience assignment during the demonstrated compliance period since the individual continues to receive the same amount of benefits during the demonstrated compliance period. The maximum hours that the individual may be assigned to work experience may need to be adjusted prospectively, if there is a change in the amount of TA and/or SNAP benefits payable to the household. Individuals who have been directly assigned to a SNAP work activity to start the demonstrated compliance

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.11 – Page 14 Rev. 3/2022 period before the end of the 10-calendar day conciliation period may be offered the opportunity to reschedule due to a conflict. However, the start date of the demonstrated compliance must begin no later than the end of the 10-calendar day conciliation period, unless the individual has a good cause reason. Individuals who demonstrate good cause or document an exemption from SNAP E&T requirements would not be subject to a SNAP E&T sanction. Individuals who demonstrate good cause but are not otherwise exempt from SNAP E&T requirements should be reassigned to appropriate work activities. If a recipient claims to have good cause or claims to be exempt from SNAP work requirements, but the district subsequently determines that the recipient did not have or failed to document good cause/exemption, the recipient must be offered the opportunity to demonstrate compliance in a SNAP work activity to avoid the SNAP sanction. If the individual does not have good cause or does not document an exemption from SNAP work requirements and does not demonstrate compliance to the satisfaction of the district, consistent with the district’s approved TA and SNAP employment plan, the district should issue a notice of intent and impose the appropriate SNAP E&T sanction. (Additional detailed information regarding notice requirements is provided in section 385.12 of this Manual). Creating the Conciliation Notice Workers in districts outside of New York City may create a conciliation notice using the non- compliance functions in the Welfare-to-Work Caseload Management System (WTWCMS), or may use the manual notice, LDSS-4230 Conciliation Notification or LDSS-4230A SNAP Conciliation Notification. When creating a conciliation notice using WTW CMS the worker must select the correct “type of noncompliance” based on whether the noncompliance applies to only TA employment requirements, both TA and SNAP employment requirements or only SNAP employment requirements. After selecting the appropriate “type of noncompliance” the worker will enter the required information to explain the work activity assignment the individual failed to comply with and the date (or range of dates) of the missed appointment/activity assignment. When sending a SNAP conciliation notice the worker may include information regarding an appropriate SNAP work assignment for the individual to engage in to demonstrate program compliance to avoid a SNAP sanction or may include contact information for the client to request assignment to a SNAP work activity to demonstrate program compliance to avoid a SNAP sanction. Districts that elect not to use WTWCMS to generate the conciliation notice must instruct workers to identify the type of noncompliance and the corresponding manual notice (or local equivalent approved by OTDA) to be used to offer conciliation and/or the opportunity to avoid a SNAP E&T sanction by demonstrating compliance with SNAP work activities.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.11 – Page 15 Rev. 3/2022 Districts should update the non-compliance tab in WTWCMS at each stage of the conciliation and sanction process, including the conciliation response and resolution information, and add detailed client notes to document the client’s response to conciliation, the reasons provided by the client for the failure to comply, and the district’s determination of willful and without good cause. Additionally, for clients who demonstrate program compliance to avoid a SNAP sanction, the case record must contain documentation to verify the client’s compliance with the work activity assignment to support the district’s decision to not impose a SNAP sanction. Conciliation information for cases in New York City is maintained in the Human Resource Administration’s New York City Work Accountability and You (NYCWAY) system. If a manual conciliation notice is needed, HRA workers should use the LDSS-5087 NYC Re-engagement and Conciliation Notice. Dispute Resolution (Temporary Assistance) Districts must establish a conciliation procedure for resolving grievances initiated by clients assigned to TA work activities to dispute a particular work activity assignment, including the district’s response to the individual’s request for health-related accommodations. Conciliation for disputing assignments requires a meeting with the individual, the appropriate district staff and/or an independent mediator. An individual may initiate the dispute resolution procedure by submitting a grievance in writing. District must conduct at least one conciliation meeting with the individual within 30 days of the day on which the grievance was submitted. In such meeting, the grievance must be mediated by: • an agreement with an independent entity; or • supervisory staff who are trained in mediation and who have no direct responsibility for the individual’s case; or • designated supervisory staff who have no direct responsibility for the individual’s case and who are not trained in mediation. No sanction relating to the subject of the dispute should be imposed during the conciliation process, which begins on the day when the individual submits a grievance in writing and ends when the individual is provided written notice of the results of the conciliation. The individual retains the right to request a fair hearing if the issue is not resolved in the participant’s favor. The individual shall be required to participate in assigned work activities during the dispute resolution and fair hearing process.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.11 – Page 16 Rev. 3/2022 Part C - Questions and Answers Q.1 Must a district offer conciliation to TA applicants who fail to comply with work requirements? A.1 Not in all instances. Applicants who are assigned to and fail to comply with an employability assessment or job search, or who fail to accept an offer of employment are not entitled to conciliation. Conciliation is required in instances where TA applicants refuse or fail to comply with work activity requirements other than assessment and job search. Q.2 Does the SNAP conciliation process apply to non-compliance by a SNAP applicant? A.2 No, the SNAP conciliation process does not apply to noncompliance by a SNAP applicant (who is not receiving expedited SNAP benefits) or to applicant voluntary job quit. Q.3 Does the SNAP conciliation process apply to an individual who has failed to comply with TA applicant job search and has received expedited SNAP benefits when the TA application was filed? A.3 Yes, since such individuals are considered to be SNAP recipients. When a non-exempt work registrant who has received expedited SNAP benefits, or was already a member of an active NTA/SNAP case at the time of applying for TA, has failed to comply with a TA applicant work activity, the individual must receive a SNAP conciliation notice and offered the opportunity to demonstrate compliance to avoid the SNAP sanction. For example: A non-exempt individual who applied for TA and SNAP and received expedited SNAP benefits fails without good cause to comply with applicant job search, which was assigned as both a TA and a SNAP work requirement. The worker would issue a notice to deny the TA application for the assistance unit and would separately need to offer the individual the opportunity to avoid the SNAP E&T sanction by demonstrating compliance in a SNAP work activity to the satisfaction of the social services district. While the individual was in applicant status for TA purposes, the individual would be considered a SNAP recipient based on the receipt of expedited SNAP benefits. The worker issues the LDSS-4230A SNAP Conciliation Notification to offer conciliation and the opportunity to avoid the SNAP E&T sanction. If the individual demonstrates compliance to avoid the SNAP E&T sanction the district must complete a separate determination to determine the household’s eligibility for ongoing SNAP benefits. Note: A separate determination to evaluate the household’s eligibility for SNAP benefits would need to be completed regardless of whether or not the individual demonstrates compliance with SNAP E&T requirements. If a SNAP recipient does not document good cause/exemption from SNAP work requirements and does not demonstrate compliance, a

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.11 – Page 17 Rev. 3/2022 SNAP E&T sanction would be imposed consistent with 18 NYCRR §385.12. SNAP benefits for the remainder of the SNAP household must be determined. Q.4 Does the SNAP conciliation process apply to non-exempt SNAP recipients who are subject to SNAP work requirements who are concurrently receiving TA benefits? A.4 Yes, because in New York State individuals receiving both TA and SNAP benefits are mandatory participants for SNAP employment and training assignments. Therefore, when a TA/SNAP recipient is assigned to a work assignment, failure to comply results in a TA sanction and a SNAP sanction unless the individual is exempt from SNAP work requirements. SNAP work registrants who also receive TA benefits and fail to comply with a concurrent TA/SNAP work requirement must be offered the opportunity to demonstrate compliance to avoid the SNAP sanction. The same procedure must be followed for individuals receiving TA and receiving SNAP benefits on a SNAP-Mix case. For example:

A non-exempt work registrant individual who is receiving TA and receiving SNAP on a SNAP-Mix case is considered a mandatory participant for SNAP employment and training assignments. The non-exempt work registrant would be subject to the TA and SNAP work requirements and would be issued a joint TA/SNAP conciliation notice. However, if it is determined that the individual willfully and without good cause failed to comply with the assigned work requirement and the individual does not demonstrate compliance with a SNAP work activity to the satisfaction of the district, the worker outside of NYC would need to issue separate Notices of Intent to impose a TA employment sanction on the TA case and a SNAP E&T sanction on the SNAP-Mix case. Separate notices are required outside of NYC because the TA and the SNAP benefits are issued through separate case numbers. TA and SNAP benefits for the same household are generally issued on the same suffix in NYC, except for multi suffix cases. For a household greater than one (and is not a multi- suffix), the worker at the NYC HRA Job Center would enter the information on the Client Notices System (CNS) to generate the sanction notice and complete the transaction on WMS to implement both the TA and SNAP sanction. For single individual households, the worker at the NYC HRA Job Center would enter the information on the Client Notice System (CNS) and complete the transaction on WMS to send the Notice of Intent and implement the TA sanction and then process a separate determination for SNAP benefits. If the individual does not document good cause or an exemption from SNAP work requirements and does not timely demonstrate compliance with an assigned SNAP work activity to avoid the SNAP sanction the separate determination may be used to generate the Notice of Adverse Action to impose the SNAP sanction consistent with 18 NYCRR 385.12. Q.5 Can districts extend the opportunity to avoid a SNAP sanction by demonstrating program compliance to individuals who are subject to sanction for failure to comply with TA employment requirements?

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.11 – Page 18 Rev. 3/2022 A.5 For districts outside of New York City, there is no authority to give a TA applicant or recipient an opportunity to prospectively demonstrate compliance to avoid a TA sanction. The district must determine, based on the information at the time of the noncompliance that the noncompliance was willful and without good cause before imposing a TA employment sanction. For New York City, TA applicant or recipient must be offered the opportunity to avoid a work-related sanction for refusal or failure to comply with a TA work requirement (other than applicant assessment, applicant job search and applicant voluntary job quit/reduction in earning capacity) assigned by the district. Q.6 Would a TANF recipient who has a child under the age of 6 and fails to comply with a work experience assignment be offered SNAP conciliation with the opportunity to demonstrate compliance to avoid a SNAP sanction? A.6 Yes, a TANF recipient with a child under the age of 6, who is also receiving SNAP benefits and who was assigned to work experience, would be subject to a sanction for both TA and SNAP if the failure to comply with work experience was both willful and without good cause. However, the individual must be offered the opportunity to demonstrate compliance to avoid a SNAP sanction, unless the individual documents good cause or another exemption from SNAP work requirements. Please note that the ability to sanction a TA recipient who is exempt from SNAP work requirements as the caretaker of a child under the age of 6 and who willfully and without good cause to comply with a work experience assignment does not apply to Safety Net Assistance funded recipients. Safety Net Assistance funded recipients who are determined to be exempt from SNAP work requirements as the caretaker of a child under the age of 6 cannot be sanctioned from SNAP benefits for noncompliance with SNAP work requirements, however they may be required to participate in TA work activities, including work experience (unless otherwise determined exempt consistent with 18 NYCRR 385.2), and may be subject to a TA sanction for failure to comply with TA work requirements. Q.7 What SNAP activities may an individual be required to participate in to avoid a SNAP E&T sanction? A.7 The recipient would need to participate in a SNAP work activity as assigned by the district. The SNAP work activity required during the demonstrated compliance period does not need to be the same work activity that the recipient did not comply with. The original work activity may not be available or may no longer be consistent with the individual’s employment assessment and plan. Demonstrated compliance may vary based on the case circumstances and the assigned work activity. Examples include: • Reporting to the assigned work activity and participates as assigned for the number of days assigned by the district (see information below); • Completing job search as required by the district;

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.11 – Page 19 Rev. 3/2022 • Reporting to and complying with an assessment appointment.

The time period established for demonstrating compliance to the satisfaction of the district cannot exceed the demonstrated compliance period outlined in section 5.2 of the district’s Temporary Assistance and SNAP Employment Plan approved by OTDA, which cannot exceed ten days. It would not be sufficient to deem the individual to have demonstrated compliance to avoid a SNAP E&T sanction on the basis of providing information regarding the availability of job search services or based on an indication that the individual is now willing to comply with SNAP employment requirements. The individual must engage in the assigned activity for the number of days assigned by the district. Q.8 What if, at conciliation, the client states that they do not want to comply in order to

retain their SNAP benefits? A.8 If the client indicates that they are not willing to demonstrate compliance to avoid a SNAP sanction and does not otherwise claim an exemption or good cause, the agency must document the offer and the individual’s declination of a SNAP work activity as part of the case record and then proceed with imposing both a TA and SNAP sanction if the results of conciliation otherwise indicates the client’s failure to comply was both willful and without good cause. Q.9 The direct job search option on the conciliation notice allows the worker to enter the date that the individual is required to provide documentation to demonstrate that the individual has complied with SNAP work requirements by completing job search as required by the district. Can the return date be less than 10 days, if a district’s demonstrated compliance policy is less than 10 days for noncompliance with TA work requirements? A.9 No, when using the direct job search option on the conciliation notice the district is required to provide at least 10 days for the individual to request conciliation or to demonstrate compliance with SNAP work requirements. Q.10 Will a SNAP recipient receive a notice if the recipient complied with the option to avoid a SNAP sanction, but their TA case was denied for failure to complete a TA applicant activity? A.10 If the individual applies jointly for TA and SNAP benefits, the district would need to issue a decision on the TA application and then process a separate determination to determine the household’s SNAP and MA eligibility consistent with existing requirements. The district would also issue a SNAP only conciliation notice if the individual is a work registrant (or otherwise subject to SNAP work requirements under the comparable disqualification provision) to give the individual the opportunity to demonstrate compliance or document

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.11 – Page 20 Rev. 3/2022 good cause/exemption from SNAP work requirements. If the household provided all required documentation to determine the household’s ongoing SNAP eligibility, the district would issue a SNAP notice to notify the household of their SNAP eligibility and benefit amount in accordance with existing procedures. There should be no delay in determining the household’s eligibility for SNAP benefits. If the individual does not demonstrate compliance to avoid the SNAP sanction and does not document good cause or an exemption from SNAP work requirements, a separate sanction notice must be issued, and the SNAP sanction imposed the following month. There is no requirement to notify the individual separately of the results of the conciliation process. Therefore, no additional notice would be issued for households that have received expedited SNAP benefits and the appropriate notice of eligibility under expedited processing, if the individual demonstrates compliance to avoid the SNAP sanction, but the household does not otherwise provide the documentation necessary to determine the household’s eligibility for ongoing SNAP benefits.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.12- Page 1 Rev. 3/2022 Section 385.12 - Failure to Comply with Requirements (Sanctions) Table of Contents Section 385.12 - Failure to Comply with Requirements (Sanctions) ........................................... 1 Part A - The Regulations ........................................................................................................ 2 a. Noncompliance of public assistance applicants and recipients with the requirements of this Part. ............................................................................................................................. 2 b. Noncompliance of SNAP applicants and recipients with work requirements. ................... 5 c. Good cause for refusal or failure to comply with public assistance and SNAP employment requirements. ...................................................................................................................... 6 d. Public assistance sanctions for failure to comply with employment requirements. ........... 7 e. SNAP sanctions for failure to comply with employment programs. .................................. 8 Part B - Department Policy ....................................................................................................10 Temporary Assistance (TA) ...............................................................................................10 Potentially Employable Applicants and Recipients .............................................................10 TA Sanctions for Failure to Comply with Employment Requirements in Districts Outside of New York City ....................................................................................................................11 Demonstrating Compliance with TA Work Requirements in Districts Outside of New York City ....................................................................................................................................12 TA Sanctions for Failure to Comply with Employment Requirements in New York City ......13 Demonstrating Compliance with TA Work Requirements in New York City ........................13 SNAP Sanctions for Failure to Comply with SNAP Work Requirements .............................14 Part C - Questions and Answers ............................................................................................17 Temporary Assistance .......................................................................................................17 SNAP .................................................................................................................................17

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.12- Page 2 Rev. 3/2022 Part A - The Regulations a. Noncompliance of public assistance applicants and recipients with the requirements of this Part. 1) Potentially employable applicants and recipients. i. An applicant who has been determined to be exempt from participation in work activities in accordance with the requirements of this Part due to being incapacitated due to a physical and/or mental health condition pursuant to this section, who, in the judgment of the social services official has the potential to improve his/her ability to work through suitable medical care, rehabilitation and/or treatment, will be denied assistance if he/she willfully and without good cause fails to comply with requirements for potentially employable applicants pursuant to section 385.2 of this Part. Ineligibility for public assistance continues until the applicant agrees to comply with the requirements and demonstrates such compliance where appropriate. ii. A recipient who has been determined to be exempt from participation in work activities in accordance with the requirements of this Part due to being incapacitated due to a physical and/or mental health condition pursuant to this section, who, in the judgment of the social services official has the potential to improve his/her ability to work through suitable medical care rehabilitation, and/or treatment, and willfully and without good cause refuses or fails to comply with the requirements for the potentially employable recipient pursuant to section 385.2 of this Part, is ineligible to receive public assistance until such time as he/she is willing to comply with such requirements. 2) A public assistance applicant or recipient subject to employment requirements who is determined to have refused or failed to comply with the requirements of this Part in accordance with the provisions of section 385.11(a) of this Part regarding conciliation for individuals not living in a city with a population of 1,000,000 or more people or subdivision (b) of this section for individuals living in a city with a population of 1,000,000 or more people must be provided a notice of such determination and of the intent of the social services district to deny, discontinue or reduce assistance, as follows: i. An applicant must be issued an adequate notice of denial of public assistance which informs him/her that he/she has refused or failed to comply without good cause with employment requirements in accordance with the provisions of section 385.6(a)(7)(i), 385.7(a)(7)(i), 385.9(e)(5) or 385.13(a)(8)(i) of this Part. An applicant must be issued an adequate notice of denial of public assistance which informs him/her that he/she has willfully refused or failed to comply with employment requirements without good cause in accordance with the provisions of this Part other than those specified in this subparagraph.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.12- Page 3 Rev. 3/2022 ii. A recipient must be issued an adequate and timely notice of intent to discontinue or reduce assistance which informs him/her that he/she has willfully and without good cause refused or failed to comply with employment requirements in accordance with the requirements of this Part. For recipients who live in a city with a population of 1,000,000 or more people, the recipient must not have reengaged in work requirements as assigned by the social services district for a minimum of 5 business days but not more than 10 business days. iii. The notices specified in subparagraphs (i) and (ii) of this paragraph must also inform: a. the applicant or recipient of the specific instance(s) of refusal or failure to comply willfully and without good cause with the requirements of this Part and of the specific section of this Part in which the requirement(s) is contained; b. the applicant or recipient who does not live in a city with a population of 1,000,000 or more people that he/she has the right to again apply for public assistance at any time, and, for safety net assistance recipients, that he/she may reapply at least 45 days before the end of the sanction period to ensure restoration of benefits immediately following the applicable sanction period provided that the individual is otherwise eligible for public assistance; c. the applicant or recipient who does not live in a city with a population of 1,000,000 or more people of the duration for which he/she will be ineligible for public assistance or for a reduced amount of public assistance in accordance with this section; d. the applicant or recipient who lives in a city with a population of 1,000,000 or more people that he/she has the right to apply for public assistance at any time; e. the applicant or recipient who lives in a city with a population of 1,000,000 or more people that the social services district has determined, based on the information available at the time of the review, that appropriate child care, transportation and accommodations for disability were available at the time of the refusal or failure to participate; f. the necessary action that must be taken to avoid a pro rata reduction in public assistance benefits and provide the additional information, for applicants or recipients who live in a city with a population of 1,000,000 or more people, that they may avoid a pro rata reduction in public assistance benefits by reengaging in work activities as assigned by the social services district for a minimum of 5 business days but not more than 10 business days and; g. that he/she has the right to a fair hearing in accordance with the provisions of Part 358 of this Title. 3) Refusal of employment

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.12- Page 4 Rev. 3/2022 i. In determining whether an applicant's or recipient's refusal to accept an offer of employment constitutes refusal or failure to comply without good cause, a social services official shall consider the report of the employment unit or agency through which the job referral was made, pertinent information supplied by the prospective employer, the explanation of the applicant or recipient for not accepting the offer of employment, and any other pertinent evidence. ii. An individual is deemed not to have willfully and without good cause refused or failed to comply with employment program requirements, or is deemed to have good cause for refusing an offer of employment in which such person is able to engage if the evidence shows that: a. the job offer was not bona fide; b. the salary or wages were less than the minimum required by law, or the conditions of employment were otherwise contrary to law; c. child care necessary for an individual to participate is not available in accordance with Part 415 of this Title; d. necessary supportive services are unavailable; e. a strike, lockout or other public or private industrial controversy was in progress at the place in which employment was offered; f. the job would have been hazardous to the applicant's or recipient’s life or health, or there was an absence, if appropriate, of workers' compensation; g. the place of employment required unreasonable, based on the standards of the community, travel from the applicant's or recipient's home; h. child care plans were temporarily disrupted, making it impossible for the applicant or recipient to report as required; i. accepting a job would result in a net loss of cash income for the household and the social services district does not make supplemental payments pursuant to section 352.7(m) of this Title to prevent a net loss of cash income; j. the assignment or activity is contrary to law; k. a personal or family emergency of substantial nature prevents compliance if the participant has notified the social services district with reasonable promptness of his/her inability to comply; l. such refusal is caused by circumstances beyond a participant's control. iii. The applicant or recipient is responsible for notifying the social services district of the reasons for failing to comply with an employment requirement and for furnishing evidence to support any claim of good cause.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.12- Page 5 Rev. 3/2022 b. Noncompliance of SNAP applicants and recipients with work requirements. 1) If an applicant has, without good cause, refused or failed to comply with a SNAP work requirement pursuant to the requirements of this Part, other than applicant voluntary quit or reduction in work effort pursuant to section 385.13 of this Part, he/she will be denied SNAP benefits. The individual’s ineligibility for SNAP continues until the applicant complies with the requirements of this section as assigned by the social services district or documents that he/she has become exempt from SNAP work requirements . If an applicant is disqualified, and he/she is a member of an otherwise eligible household, he/she is treated as a disqualified member of the household during the period of disqualification, under section 387.16(c)(1) of this Title. 2) If a recipient has, willfully and without good cause, refused or failed to comply with a SNAP work requirement pursuant to the requirements of this Part, he/she will be ineligible to participate in SNAP in accordance with the provisions of this section. If a recipient is disqualified and he/she is a member of an otherwise eligible household, he/she is treated as a disqualified member of the household during the period of disqualification, under section 387.16(c)(1) of this Title. 3) Prior to notifying the household of the proposed disqualification, the social services district must determine whether good cause for noncompliance exists, in accordance with subdivision (c) of this section. 4) For SNAP recipients, within 10 calendar days of determining that the non-compliance was willful and without good cause, the social services district must issue a timely and adequate notice of adverse action to the recipient. This notice must specify: i. the particular act of noncompliance, ii. the proposed period of disqualification, iii. that the individual may reapply in order to resume participation in SNAP at the end of the disqualification period and iv. information about ending the disqualification as specified in subdivision (e) of this section. The disqualification period begins with the first month following the expiration of the notice period unless a fair hearing is requested. In such case the disqualification period may not begin until the fair hearing request is withdrawn, the individual fails to appear at a scheduled fair hearing, or a fair hearing decision upholding the social services district's action is issued. 5) When a member of an applicant household has, without good cause, failed to comply with work requirements pursuant to section 385.3 of this Part, the social services district must inform the household of the individual's denial in the notice of action taken. This notice must specify:

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.12- Page 6 Rev. 3/2022 i. the particular act of noncompliance, and ii. that the individual may reapply for SNAP benefits, but must comply with SNAP work requirements as determined by the social services district or document an exemption from SNAP work requirements consistent with section 385.3 of this Part as part of the process for establishing eligibility for SNAP benefits, provided the individual is otherwise eligible. 6) A voluntary participant in a SNAP employment and training program who is exempt from SNAP work requirements and/or participation in an employment and training program must not be disqualified for failure to comply with the requirements of this Part unless the volunteer is subject to sanction pursuant to paragraph (7) of this subdivision. 7) Failure of certain SNAP applicants and recipients who are exempt from SNAP work requirements to comply with other work requirements. If a household contains a member who is exempt from work requirements solely because he/she is registered for work under an unemployment compensation work requirement or because he/she is subject to participation in work activities funded under title IV of the Social Security Act, and such individual willfully and without good cause refuses or fails to comply with the work requirements of those programs, such individual must be treated as though he/she has failed to comply with the requirements of this Part. c. Good cause for refusal or failure to comply with public assistance and SNAP employment requirements. 1) The social services official is responsible for determining willfulness and without good cause in those instances where an individual has refused or failed to comply with the requirements of this Part. In determining whether or not the individual’s conduct was willful and without good cause, the social services official must consider the facts and circumstances, including information submitted by the individual subject to such requirements. Good cause includes circumstances beyond the individual's control, such as, but not limited to, illness of the individual, illness of another household member requiring the presence of the individual, inability to participate due to a domestic violence situation, a household emergency, or the lack of adequate child care for dependent children under age 13 that is needed for the individual to participate in work activities assigned by the social services district 2) For noncompliance with public assistance work requirements by an individual who lives in a city with a population of 1,000,000 or more people, there shall be no finding of willful and without good cause based on the refusal or failure to comply with a single appointment or work requirement. 3) The applicant or recipient is responsible for notifying the social services district of the reasons for refusing or failing to comply with an employment requirement and for furnishing evidence to support an alleged exemption from public assistance work

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.12- Page 7 Rev. 3/2022 requirements, pursuant to section 385.2 of this Part, SNAP work requirements, pursuant to section 385.3 of this Part, or any claim of good cause. d. Public assistance sanctions for failure to comply with employment requirements. An applicant for or recipient of public assistance who willfully and without good cause refuses or fails to comply with employment requirements assigned pursuant to this Part shall be ineligible to receive public assistance for the periods specified in this subdivision. However, such sanctions shall not apply to: an applicant deemed ineligible for public assistance pursuant to section 385.2(c)(1) of this Part; an applicant who is ineligible for public assistance pursuant to section 385.6(a)(7)(i) of this Part; an applicant who is ineligible for public assistance pursuant to section 385.7(a)(7)(i)of this Part; or an applicant who is ineligible for public assistance pursuant to section 385.9(e)(5)(i) of this Part. 1) In the case of a parent or caretaker of a dependent child, when the parent or caretaker does not live in a city with a population of 1,000,000 or more people, the public assistance otherwise available to the household of which that individual is a member shall be reduced pro rata as determined by the commissioner of the office: i. for the first such refusal or failure to comply, until the individual is willing to comply; ii. for the second such refusal or failure to comply, a period of three months and thereafter until willing to comply; iii. for the third and all subsequent instances of such refusal or failure to comply, a period of six months and thereafter until willing to comply. 2) In the case of an individual who is a member of a household without dependent children applying for or in receipt of safety net assistance and who does not live in a city with a population of 1,000,000 or more people, the public assistance otherwise available to the household of which that individual is a member shall be reduced pro rata as determined by the commissioner of the office: i. for the first such refusal or failure to comply, a period of 90 days and thereafter until willing to comply; ii. for the second such refusal or failure to comply, a period of 150 days and thereafter until willing to comply; iii. for the third such refusal or failure to comply, a period of 180 days and thereafter until willing to comply. 3) Willing to comply as used in paragraphs (1) and (2) of this subdivision means that an individual, as required by the social services district, reports to and participates in an assigned work activity site or other location on time and prepared to engage in the

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.12- Page 8 Rev. 3/2022 assigned activity for the number of business days required by the social services district, provided that the number of days required does not exceed 10 business days. 4) In the case of an individual who lives in a city with a population of 1,000,000 or more people, the public assistance otherwise available to the household of which that individual is a member shall be reduced pro rata as determined by the commissioner until the individual reengages in work activities as assigned by the social services district for a minimum of 5 business days, but no more than 10 business days or cooperates with efforts to document that he/she is exempt from work requirements pursuant to section 385.2 of this Part. 5) In the case of an individual who was the member of a household without dependent children prior to being sanctioned in accordance with the provisions of this subdivision, and who does not live in a city with a population of 1,000,000 or more people, and for whom the specified sanction period has ended, a reminder shall be sent to such individual indicating an opportunity to end the sanction by complying with employment programs. The commissioner shall establish the language required in the reminder. 6) In the case of an individual who lives in a city with a population of 1,000,000 or more people at the time of being sanctioned for noncompliance with public assistance work requirements in accordance with the provisions of this subdivision, and for whom the public assistance sanction has continued for 30 or more days, a reminder shall be sent to such individual indicating an opportunity to end the sanction by complying with employment programs or by documenting that he/she has become exempt consistent with section 385.2 of this Part. The commissioner shall establish the language required in the reminder. e. SNAP sanctions for failure to comply with employment programs. 1) An applicant who is required to participate in work activities who, without good cause, fails to comply with the requirements of this section shall be denied participation in SNAP until such time as he/she complies with SNAP work requirements as determined by the social services district or documents an exemption from SNAP work requirements consistent with section 385.3 of this Part. This provision does not apply in the case of a voluntary quit or a voluntary reduction in work effort without good cause, as described in section 385.13 of this Part, by a SNAP applicant who is subject to SNAP work requirements. 2) The needs of a recipient who is required to participate in work activities and who has, willfully and without good cause, failed to comply with the requirements of this section will not be considered in determining the needs of his/her household for SNAP for the following time periods:

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.12- Page 9 Rev. 3/2022 i. for the first instance of willful failure to comply without good cause, a period of one month and thereafter until the individual complies with the requirements of this section as determined by the social services district; ii. for the second instance of willful failure to comply without good cause, a period of three months and thereafter until the individual complies with the requirements of this section as determined by the social services district; and iii. for the third and all subsequent instances of willful failure to comply without good cause, a period of six months and thereafter until the individual complies with the requirements of this section as determined by the social services district. 3) Following the end of the disqualification period for noncompliance with the requirements of this Part, a household may request that the disqualified individual be added to the household and resume participation. The social services district must act on this request in accordance with section 387.17(e)(6) of this Title. 4) Eligibility may be reestablished during the disqualification period if the participating household requests that the disqualified individual be added to the household, and the disqualified individual becomes exempt from the work requirement pursuant to section 385.3 of this Part. 5) A disqualification for noncompliance with work requirements may be ended, after the time periods specified in paragraph (2) of this subdivision, if the disqualified individual complies with the requirement which caused the disqualification or an alternate work assignment as determined by the social services district.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.12- Page 10 Rev. 3/2022 Part B - Department Policy Temporary Assistance (TA) TA applicants/recipients may be required to participate for up to 40 hours weekly in appropriate work activities consistent with the requirements of 18 NYCRR 385.2 and 385.9. Individuals who willfully and without good cause fail to comply with employment requirements (other than applicants who fail to comply with job search, employment assessment requirement or who voluntarily reduce or terminate employment, which are eligibility requirements) are subject to pro-rata sanctions. Applicants who fail to comply with job search or employment assessment requirements without good cause are subject to case denial and applicants who voluntarily reduce or terminate employment without good cause and with the intent to obtain TA are subject to individual ineligibility for a period of 90 days from the voluntary quit or reduction. Pro-rata sanctions may be non-durational and until compliance or may continue for a minimum duration and until compliance. The duration of the sanction is based on the number of times the individual has failed to comply and differs depending on whether or not the household includes dependent children or lives in a city with a population of 1,000,000 or more people. Potentially Employable Applicants and Recipients A TA applicant who is determined to be exempt from participation in work activities due to being incapacitated due to a physical and/or mental health condition, who in the judgment of the social services official has the potential to improve their ability to work through suitable medical care, rehabilitation and/or treatment determined by a medical professional to be necessary to improve the individual’s ability to work, is ineligible for receive TA if they willfully and without good cause fail to comply with the requirements for potentially employable applicants pursuant to 18 NYCRR 385.2. The individual remains ineligible for assistance until they are willing to comply with the recommended treatment program. A TA recipient who has been determined to be exempt from participation in work activities due to being incapacitated due to a physical and/or mental health condition, who in the judgment of the social services official has the potential to improve their ability to work through suitable medical care, rehabilitation and/or treatment, determined by a medical professional to be necessary to improve the individual’s ability to work, and who willfully and without good cause refuses or fails to comply with the requirements for potentially employable recipients pursuant to 18 NYCRR 385.2 is ineligible to receive TA until such time as they are willing to comply with the recommended treatment program. Conciliation is not required, but the district must afford individuals the opportunity to show good cause for the failure to comply with the recommended treatment program, and must consider all information known to the district via the case record when determining good cause. Individual reason code W40 (failure to become employable) would be assigned in WMS and incremental

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.12- Page 11 Rev. 3/2022 sanction budgeting methodology would be applied. The individual remains ineligible for assistance until they are willing to comply with the recommended treatment program. TA Sanctions for Failure to Comply with Employment Requirements in Districts Outside of New York City Following the conciliation process, once the district has determined it is appropriate to sanction an individual, the district must select the proper sanction type and sanction period, enter the individual reason code for the sanction in WMS, generate the appropriate client notice to inform the household of the sanction, and document the case record. A timely and adequate notice of intent to inform the household of the TA employment sanction and pro-rata reduction or discontinuance in TA benefits must be issued consistent with the notice requirements described in SSL §342. For TA sanctions districts should refer to the LDSS-4958 TA Sanctions & Denial Policy/Participation Rate Impact Guide. TA sanction periods for TA recipients in districts outside of New York City are as follows: • For TA Households with Dependent Children:  1st instance: non-durational and until willing to comply  2nd instance: a durational period of 3 months and until willing to comply  3rd and subsequent instance/s: durational period of 6 months and until willing to comply • For TA Households without Dependent Children:  1st instance: a durational period of 90 days and until willing to comply  2nd instance: a durational period of 150 days and until willing to comply  3rd and subsequent instance/s: a durational period of 180 days and until willing to comply Sanctions imposed under the Safety Net Assistance (SNA) program do not count towards the sanction progression once an individual establishes their eligibility for TANF funded assistance. Unlike SNAP sanctions, individuals cannot “cure” a TA employment sanction during the minimum required duration by documenting an exemption from TA work requirements. Individuals who are determined to have willfully and without good cause failed to comply with TA employment requirements are subject to a prorata reduction in benefits for a minimum duration without exception and benefits cannot be restored until the minimum duration period has been satisfied and the individual demonstrates a willingness to comply with employment requirements. Individuals who claim an exemption from work requirements must cooperate with efforts to document the exemption, including providing medical documentation or participating in a medical evaluation.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.12- Page 12 Rev. 3/2022 Demonstrating Compliance with TA Work Requirements in Districts Outside of New York City TA benefits are restored and the prorata budget reduction is removed for sanctioned individuals in districts outside of New York City once the minimum sanction duration has expired and the individual demonstrates they are willing to comply with employment requirements as assigned by the district. In all instances, the time period established for demonstrating compliance to the satisfaction of the district cannot exceed ten business days. TA benefits must be restored to the household upon the completion of the minimum sanction duration period and upon the individual demonstrating a willingness to comply with employment requirements consistent with the district’s applicable demonstrated compliance procedures described in Section 5.2 of its approved TA and SNAP Employment Plan. Once the individual has demonstrated compliance consistent with the district’s requirements, TA benefits are restored retroactive to the date the individual indicated a willingness to comply (but no earlier than the expiration of the minimum duration period). If after the completion of the minimum sanction duration period, the sanctioned individual indicates that they are unable to participate in work activities, the sanction resolution for such individual must not be later than the timeframes required for those individuals who are able to work and demonstrate compliance in work activities. Sanctioned individuals who subsequently indicate an inability to participate in work activities should have their inability to participate in work activities documented in accordance with 18 NYCRR 385.2 and TA benefits must be restored retroactive to the date the individual claimed to be unable to participate (but no earlier than the expiration of the minimum duration period), provided the individual has cooperated with efforts to document the exemption. If the timeframes required to document an exemption from work activities takes longer than the timeframe required for an able-bodied individual to demonstrate compliance, the district must initiate benefit restoration even if the employability determination is not complete, so that the timeframe required to initiate grant restoration is no longer than would be required for an able-bodied individual. An individual would only need to submit an application to restore TA benefits upon the conclusion of a prorata sanction if the TA case was closed for some other reason (e.g., failure to comply with recertification) or the sanction was imposed while the individual was in receipt of SNA as part of a single household and the prorata reduction resulted in case closure. In those instances where the individual’s case is closed, a new application for assistance (LDSS-2921) must be submitted and the individual must comply with all program requirements including the 45-day waiting period, if applicable. Applicants for TA are not required to demonstrate compliance to lift an employment sanction once the durational sanction period has expired. The procedures for demonstrated compliance as described in Section 5.2 of the district’s approved TA and SNAP Employment Plan applies to TA recipients only. However, TA applicants who do not comply with all program requirements, (which may include providing documentation to verify

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.12- Page 13 Rev. 3/2022 a claimed exemption from work requirements or engaging in an applicant job search if assigned), shall remain ineligible for Temporary Assistance benefits. TA Sanctions for Failure to Comply with Employment Requirements in New York City Effective January 15, 2019, sanction procedures for New York City (NYC) were changed to reflect amendments to Chapter 562 of the Social Services Law that eliminate durational sanction periods for all TA households in a city with a population of 1,000,000 or more people. All TA employment sanctions that are imposed when a TA applicant or recipient willfully and without good cause refuses or fails to comply with a mandatory appointment or work activity assigned by the NYC Human Resource Administration (HRA) are non-durational and will continue until the individual demonstrates compliance with work requirements or documents that they are exempt from TA work requirements consistent with 18 NYCRR 385.2. TA applicants and recipients who do not respond to the re-engagement/conciliation notice, refuse or do not demonstrate compliance as assigned by HRA for a minimum of five business days may be subject to a non-durational TA and/or durational SNAP sanction in those instances where the worker determines that the individual willfully and without good cause refused or failed to comply with an assigned work requirement. A timely and adequate notice of intent to inform the household of the TA employment sanction and pro-rata reduction or discontinuance in TA benefits must be issued consistent with the notice requirements described in SSL 342-a. HRA should continue to use the Client Notices System (CNS) to issue the notice of intent to impose a TA employment sanction. Demonstrating Compliance with TA Work Requirements in New York City TA applicants and recipients in NYC who are sanctioned for noncompliance with assigned work requirements may end the TA sanction by demonstrating compliance by participating in an assigned work activity for a minimum of five business days. Demonstrating compliance means that the individual engages in the assigned work activity and fully participates as assigned by HRA for a minimum of five business days. An individual’s TA (and SNAP) employment sanction will also end if the individual is determined by HRA to be exempt from work requirements consistent with 18 NYCRR 385.2 for TA and 18 NYCRR 385.3 for SNAP. With respect to SNAP benefits, a SNAP recipient, who was also sanctioned for noncompliance with SNAP work requirements, must serve the balance of the SNAP durational sanction period and demonstrate compliance with work requirements unless the individual documents that they are exempt from SNAP work requirements and is otherwise eligible for SNAP benefits. Absent minimum TA sanction periods in NYC, the individual’s benefits would be restored back to the date they indicated the willingness to comply.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.12- Page 14 Rev. 3/2022 Note: Individuals must be otherwise eligible for TA benefits and must comply with all other program requirements. In those instances where the TA sanction results in closure of the Safety Net Assistance case, if the client does not demonstrate full compliance until after the 30 day period following case closure, then, pursuant to 18 NYCRR 350.4(a), a new application must be filed and the individual must serve the 45-day wait before they are eligible for benefits. If, however, the client demonstrates full compliance within the 30 days following case closure, a new application is not required, and benefits must be restored without the imposition of a new 45 day waiting period. In instances where a new application is not required,18 NYCRR 351.8(b) and (c) are not applicable. Option to End TA Sanction Notice SSL §342-a also requires that an “option to end sanction” notice is issued to all TA case types in sanction status for 30 or more days. This notice reminds a household in NYC that a sanctioned individual may immediately end their TA employment sanction through compliance or by documenting that they gave become exempt from TA work requirements. SNAP Sanctions for Failure to Comply with SNAP Work Requirements A SNAP recipient who is non-exempt from SNAP work requirements and refuses or fails, willfully and without good cause, to comply with the SNAP work requirements is ineligible to participate in SNAP and will be considered an ineligible household member. Within ten days of establishing that the noncompliance was willful and without good cause, the local social services agency must provide the individual with a timely and adequate notice of adverse action. The notice of adverse action must contain:  the particular act of noncompliance;  the proposed period of disqualification;  information to specify that the individual may, if appropriate, reapply at the end of the disqualification period; and  information describing the action that can be taken to avoid the disqualification before the disqualification period begins. The notice of adverse action must meet timeliness and adequacy requirements. If the individual complies before the end of the advance notice period, the local social services agency will cancel the adverse action. The disqualification period must begin with the first month following the expiration of the 10-day adverse action notice period.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.12- Page 15 Rev. 3/2022 A SNAP sanction may be imposed after the end of a certification period. Thus, a notice of adverse action must be sent whenever the local social services agency becomes aware of an individual’s noncompliance with SNAP work requirements, even if the disqualification begins after the certification period expires and the household has not been recertified. The following SNAP durational sanction periods will be imposed for a non-exempt SNAP recipient who has refused or failed willfully and without good cause to comply with work requirements: • 1st instance: a period of one month and thereafter until the individual complies with SNAP work requirements as determined by the district • 2nd instance: a period of three months and thereafter until the individual complies with SNAP work requirements as determined by the district • 3rd instance: a period of six months and thereafter until the individual complies with SNAP work requirements as determined by the district Note: An individual who is exempt from SNAP work requirements because they are subject to work requirements under Title IV-A or unemployment compensation who fails to comply with a Title IV-A or unemployment compensation work requirements, will be treated as though they failed to comply with the SNAP work requirements. Except in cases of permanent disqualification, at the end of the applicable mandatory disqualification period for noncompliance with SNAP work requirements, participation may resume if the disqualified individual applies again and is determined by the local social services district to be in compliance with work requirements. Individuals disqualified due to an employment sanction may be added back to the household and SNAP benefits re-determined upon the conclusion of the minimum disqualification period once the household requests the individual be added to the household and the disqualified (or sanctioned) individual complies with the requirement that caused the disqualification or another SNAP E&T activity as assigned by the district. In all instances the time period established for demonstrating compliance to the satisfaction of the district cannot exceed ten business days. For example, an individual subject to a three-month sanction beginning 6/1/19 for failure to comply with a work experience activity (WEP) may be added back to the household’s SNAP budget beginning 9/1/19 so long as the household requests the individual be added to the household and the individual complies as assigned by the district before 9/1/19. An individual who has been disqualified due to noncompliance with work requirements must be permitted to receive SNAP benefits during the disqualification period, (if otherwise eligible), if they become exempt from work requirements. Individuals may reestablish SNAP eligibility during the sanction period if the household requests the individual be included back in the

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.12- Page 16 Rev. 3/2022 household and the individual is determined by the district to be exempt from participation in SNAP work requirements. For example, if an individual subject to a three-month sanction beginning 6/1/19 notifies the district that they are physically unfit for employment on 7/10/19. The individual is added back to the household’s SNAP budget and benefits re-determined (provided the individual is otherwise eligible) from 8/1/19 so long as the household requests the individual be added to the household and the individual cooperates with verifying the impairment. The district can assume that by reporting the change and notifying the district that the individual is impaired, the household has requested the disqualified individual to be added to the household. Districts should carefully review work registration exemptions included in 18 NYCRR 385.3 (a)(1) and be aware that several exemptions from the SNAP work requirements are not exemptions for TA. For example, an individual responsible for the care of a dependent child under the age of six or an individual required to register for work as part of the unemployment insurance compensation process is exempt from SNAP work requirements but not necessarily exempt from TA work requirements. In addition to the examples provided above, a TANF applicant or recipient subject to and complying with any work activity assignment made under TA is exempt from SNAP requirements and may reestablish SNAP eligibility during the duration of the SNAP sanction period. In this instance the district can assume that by participating in an assigned TANF work activity, the household has requested the disqualified individual to be added to the SNAP case for the household. For example, an individual subject to a three-month SNAP sanction beginning 6/1/2019 begins complying with a TANF work assignment on 7/16/2019. The individual is added back to the household’s SNAP budget and benefits re-determined beginning 8/1/2019 (provided the individual is otherwise eligible for SNAP). The district can assume that by participating in an assigned TANF work activity, the household has requested the disqualified individual to be added to the household.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.12- Page 17 Rev. 3/2022 Part C - Questions and Answers Temporary Assistance Q.1 Do progressive Family Assistance and Safety Net funded assistance employment sanctions build on each other? A.1 Family Assistance sanctions count when determining the sanction progression for an individual receiving Safety Net funded assistance, but not vice versa. Q.2 Can we discontinue the benefits of exempt individuals for not following their treatment plan? A.2 This requirement should be reviewed on a case-by-case basis. An exempt individual should only be required to engage in recommended treatment when medical documentation supports treatment as a reasonable option for the individual to improve their condition enough to engage in work activities. Individuals may only be assigned to reasonable medical care, vocational rehabilitation or treatment determined by a medical professional to be necessary to improve the individual’s ability to work. It is expected that individuals who can be restored to self-sufficiency will cooperate with a medically prescribed treatment plan designed to rehabilitate the client to the point where they can participate in work activities. If the client fails to cooperate with their treatment plan, districts can discontinue the individual’s needs from the case. The individual would remain ineligible for assistance until the individual returns to treatment or presents information to verify treatment is no longer necessary. Q.3 Can districts require sanctioned individuals to sign a statement indicating their willingness to comply as part of the district’s demonstrated compliance process? A.3 While districts may have a process in place to obtain a client’s expression of willingness to comply in writing, there is no requirement in OTDA policy or in employment regulations at 18 NYCRR 385.12 for an individual to sign a willingness to comply statement in order to end an employment sanction at the end of the durational sanction period. Additionally, when a client demonstrates compliance with any employment requirement or work activity as assigned by the district, or reports they have obtained employment and provides documentation to verify their earnings or an exemption for work requirements to the district as required, the sanction must be lifted regardless of the presence of a signed willingness to comply statement from the individual. SNAP Q.4 Can a sanctioned individual be added to the case if they become exempt during the sanction period?

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.12- Page 18 Rev. 3/2022 A.4 Yes, the SNAP sanction can be lifted during the durational sanction period if the person becomes exempt from work requirements. Q.5 Is there a requirement for progressive SNAP sanctions to be within a three-year period of the date of the last sanction served? A.5 No. Once a work registrant has reached the third or subsequent occurrence of noncompliance, they will be ineligible for SNAP for a period of six months and thereafter until the individual complies with SNAP work requirements as determined by the district.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.13- Page 1 Rev. 3/2022 Section 385.13 - Voluntary Termination of Employment and Voluntary Reduction of Earning Capacity (Voluntary Quit) Table of Contents Section 385.13 - Voluntary Termination of Employment and Voluntary Reduction of Earning Capacity (Voluntary Quit) ........................................................................................................... 1 Part A - The Regulations ........................................................................................................ 2 a) Public assistance ......................................................................................................... 2 b) Supplemental Nutrition Assistance Program ................................................................ 3 Part B - Department Policy ..................................................................................................... 9 Temporary Assistance (TA) ................................................................................................ 9 Supplemental Nutrition Assistance Program (SNAP) .........................................................10 Part C - Questions and Answers ............................................................................................13 TA ......................................................................................................................................13 SNAP .................................................................................................................................13

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.13- Page 2 Rev. 3/2022 Part A - The Regulations a) Public assistance 1) For purposes of this section, the term voluntary quit means voluntary termination of employment and/or a reduction in earning capacity for the purpose of qualifying for initial or increased public assistance. Such term shall include individuals who provoke their own termination from employment or provoke an employer to reduce their work hours. 2) An individual will be disqualified from receiving public assistance for a period specified in this subdivision if the social services official determines that such individual voluntarily quit his/her job. 3) Public assistance will not be denied to a public assistance applicant or discontinued for a recipient of such public assistance who requests an increase in benefits, unless he/she has been provided a reasonable opportunity to explain why he/she terminated his/her employment or reduced his/her earning capacity or otherwise demonstrated that he/she did not terminate employment or reduce earning capacity for the purpose of qualifying for initial or increased public assistance. 4) It is the responsibility of the applicant or recipient to provide reasons or otherwise demonstrate that his/her voluntary quit was not for the purpose of qualifying for initial or increased public assistance. 5) Upon determining that the applicant or recipient voluntarily quit his or her job, the social services district must inform the individual that: i) he/she will be provided a reasonable opportunity to explain his/her reasons for such action or otherwise demonstrate that such action was not taken for the purpose of qualifying for initial or increased public assistance; and ii) it is his/her responsibility to provide reasons or otherwise demonstrate that such action was not taken for the purpose of qualifying for initial or increased public assistance. 6) If the applicant or recipient provides reasons or other relevant information regarding his/her voluntary termination of employment or reduced earning capacity, the social services official must determine if the information is sufficient to conclude that the applicant or recipient did not terminate employment or reduce earning capacity to qualify for initial or increased assistance. i) if the information is determined to be sufficient, the applicant or recipient will receive or continue to receive public assistance if all other eligibility conditions are met.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.13- Page 3 Rev. 3/2022 ii) if the information is determined not to be sufficient, the applicant or recipient will receive a notice of denial or intent to reduce or discontinue the public assistance benefits. 7) If the applicant or recipient provides no reasons for his/her voluntary termination of employment or reduction in earning capacity, then the social services official must conclude that such action was taken with the intent to qualify for initial or increased public assistance. 8) An applicant or recipient who has been determined by the social services official to have voluntarily terminated his/her employment or reduced his/her earning capacity for the purpose of qualifying for public assistance or increasing his/her public assistance benefits will be disqualified from receiving assistance as follows: i) as an applicant, for 90 days from the date of voluntary termination or reduced earning capacity; ii) as a recipient, such disqualification will be in accordance with the sanctions prescribed for non-compliance with employment requirements as specified in section 385.12(d) of this Part. b) Supplemental Nutrition Assistance Program 1) Voluntary quit. If an individual who is subject to SNAP work requirements voluntarily quits his/her job as described in this section without good cause, he/she is not eligible to participate in the SNAP program. Disqualification from participation must be in accordance with the provisions of this section for a SNAP applicant and section 385.12(e) of this Part for a SNAP recipient. This provision applies if the employment involved 30 hours or more per week or the weekly earnings were equivalent to the Federal minimum wage multiplied by 30 hours, and the individual voluntarily quit his/her job within 30 days prior to the date of application for SNAP benefits or any time thereafter. 2) Reduction of work effort. The reduction of work effort provision applies if, before the reduction, the individual was employed 30 hours or more per week and reduced his/her earnings to less than 30 hours multiplied by the Federal minimum wage; the reduction occurred within a period of 30 days prior to the date of application for SNAP benefits or any time thereafter; and the reduction was voluntary and without good cause 3) Minor variations in an individual’s work hours or weekly minimum wage equivalent wages must be taken into consideration when assessing a SNAP recipient’s compliance with work rules. Minor variations that are not expected to be of an ongoing nature shall not be considered a reduction in work effort or result in an individual who is exempt due to the hours of employment or minimum wage becoming a work registrant.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.13- Page 4 Rev. 3/2022 4) Benefits may not be delayed beyond the normal processing times as specified in section 387.14 of this Title pending the outcome of the determination of whether the applicant voluntarily quit his/her job. 5) In the case of a SNAP applicant household, it must be determined if any household member subject to SNAP work requirements voluntarily quit his or her job or reduced his or her work effort without good cause within a period of 30 days prior to the date of application. 6) In the case of a SNAP applicant household, if the household has lost a source of income or experienced a reduction in income after the date of application, but before the household is certified, it must be determined whether a voluntary quit or reduction in work effort occurred. 7) In the case of a SNAP applicant household where a voluntary quit without good cause by a household member has been established, the household member must be disqualified from the SNAP program for a period of time as outlined below, provided, however, that the time period of such disqualification shall begin on the date of the application for SNAP benefits. (i) For the first instance of voluntary quit or reduction in work effort without good cause, a period of 30 days and thereafter until the individual complies with the requirements of this section as determined by the social services district. (ii) For the second instance of voluntary quit or reduction in work effort without good cause, a period of 90 days and thereafter until the individual complies with the requirements of this section as determined by the social services district. (iii) For the third and all subsequent instances of voluntary quit or reduction in work effort without good cause, a period of 180 days and thereafter until the individual complies with the requirements of this section as determined by the social services district. 8) (i) In the case of a SNAP recipient where a willful and without good cause voluntary quit or reduction in work effort by an individual has been established, including where the voluntary quit by the individual occurred prior to application or between application and certification, but which was discovered after certification, the individual must be disqualified from participation in accordance with the provisions of section 385.12(e) of this Part; provided, however, that the period of disqualification begins with the first month after all normal procedures for taking adverse action have been followed unless a fair hearing is requested and the household requests that SNAP benefits be continued without change. In such case, the disqualification period may not begin until the fair hearing request is withdrawn, the individual fails to appear or a fair hearing decision upholding the social services district’s action is issued. An individual whose voluntary quit

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.13- Page 5 Rev. 3/2022 occurs or is determined in the last month of his/her certification period must be denied recertification for a disqualification period established pursuant to the provisions of section 385.12(e) of this Part beginning with the first month after the certification period ends. If such individual does not recertify, the disqualification period begins with the month after the month in which the voluntary quit occurred, and a claim must be established for any benefits received by the household during that period of ineligibility. (ii) In the case of a recipient where a voluntary quit by a member of the household has been established, the provisions of subparagraph (i) of this paragraph apply, and the sanction will only apply to the needs of the disqualified member. 9) A household member who is an employee of any Federal, State or local government who is dismissed from his/her job due to participation in a strike is deemed to have voluntarily quit his/her job. The social services official must evaluate such a voluntary quit in accordance with the requirements of this subdivision. However, terminating a self- employment enterprise or resigning a job at the employer's demand cannot be considered a voluntary quit for purposes of this subdivision. In addition, for an individual who quits a job, secures new and comparable employment, but through no fault of his/her own, loses the new job, the earlier quit must not be considered a voluntary quit. 10) Persons who, at the time they terminated employment were exempt from the requirement to participate in SNAP work requirements pursuant to section 385.3 of this Part, are exempt from the voluntary quit provisions. 11) Applicants and recipients must be provided with appropriate notice as specified in section 387.20 of this Title if they are disqualified from participation due to a determination of voluntary quit. Such notification must contain the proposed period of disqualification, notice of the household's or a household member's right to reapply in order to resume participation at the end of the disqualification period established pursuant to the provisions of section 385.12(e) of this Part, and notice of such person's right to a fair hearing. 12) A person who has been disqualified for a voluntary quit and who joins a new household remains ineligible for the remainder of the disqualification period. 13) If an application is filed in the last month of disqualification, the social services official must use the same application for the denial of benefits in the remaining month of disqualification and for certification for any subsequent month(s) if all other eligibility criteria are met. 14) Good cause for leaving employment or reducing work hours. (i) Prior to any action to deny or terminate eligibility, the social services official must determine whether there was good cause for terminating employment or reducing the hours of work to a total of less than 30 hours per week. In determining whether or not

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.13- Page 6 Rev. 3/2022 good cause exists, the social services official must consider all relevant facts and circumstances, including information submitted by the individual who quit or reduced his/her hours and by the current or former employer of such member. A determination of good cause will be made where the social services official finds that employment was terminated due to: (a) discrimination by an employer based on age, race, sex, color, handicap, religious beliefs, national origin or political beliefs; (b) work demands or conditions that rendered continued employment unreasonable, such as not being paid on schedule; (c) acceptance by the individual of employment or enrollment of at least half-time in any recognized school, training program or institution of higher education, that required the individual to leave employment; (d) acceptance by any other household member of employment or enrollment at least half-time in any recognized school, training program or institution of higher education in another county or similar political subdivision which required the household to move and thereby required the individual to leave employment; (e) resignations by persons under the age of 60 which are recognized by the employer as retirement; (f) acceptance of a bona fide offer of employment of 30 hours per week or which on a weekly basis yields earnings of at least 30 times the Federal minimum wage but which, because of circumstances beyond the individual’s control, subsequently did not materialize or which resulted in employment of less than 30 hours per week or which pays less than 30 times the Federal minimum wage on a weekly basis; (g) leaving a job in connection with patterns of employment in which workers frequently move from one employer to another such as migrant farm labor or construction work; and (h) resignation from a job which is unsuitable pursuant to the criteria specified in paragraph (15) of this subdivision. (ii) Questionable information pertaining to a voluntary quit must be verified. The social services district must aid the household in order to assist it to obtain needed verification. Whenever documentary evidence cannot be obtained, the social services district must substitute a possible collateral source. If the household and social services district are unable to obtain the requested verification because the voluntary quit resulted from circumstances that for good reason cannot be verified (such as a resignation from employment due to discrimination practices, unreasonable demands by an employer, or because the employer cannot be located), the household cannot be denied access to or terminated from participation in the program.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.13- Page 7 Rev. 3/2022 15) Any SNAP employment is considered unsuitable if: (i) the wage offered is less than the highest of the applicable Federal minimum wage, the applicable State minimum wage, or 80 percent of the Federal minimum wage, if neither the Federal nor State minimum wage is applicable; (ii) the employment is offered on a piece-rate basis and the average hourly yield the employee can reasonably expect to earn is less than the applicable hourly wages as specified in subparagraph (i) of this paragraph; (iii) the household member, as a condition of employment, must join, resign from, or refrain from joining a legitimate labor organization; or (iv) the work is at a site subject to a strike or lockout at the time of the offer, unless the strike has been enjoined under section 208 of the Labor-Management Relations Act, commonly known as the Taft-Hartley Act, or unless an injunction has been issued under section 10 of the Railway Labor Act. 16) In addition, employment is suitable unless the household member involved demonstrates or the social services district otherwise becomes aware that: (i) the degree of risk to health and safety is unreasonable; (ii) medical evidence or other reliable information documents that the individual is physically or mentally unfit to perform the job; (iii) the employment offered is not within the individual's major field of experience; however, this provision only applies during the first 30 days after the date of registration; (iv) the distance from the individual's home to the place of employment is unreasonable. In determining reasonability, the social services district shall consider the expected wage and the time and cost of commuting. Employment must not be considered suitable if daily commuting time exceeds two hours per day, not including the time involved in transporting of a child to and from a child care facility. Employment may also be considered unsuitable if the distance to the place of employment makes walking prohibitive and neither public nor private transportation is available; (v) the working hours or type of employment conflicts with the individual's religious observance, convictions or beliefs; or (vi) the individual lacks adequate child care for children in the household who are under age 13. 17) Ending a voluntary quit or reduction in hours disqualification. (i) An individual may reestablish eligibility after the end of his/her disqualification period if he/she applies and is otherwise eligible, and if he/she: (a) complies with the requirements of this section and of this Part as determined by the social services district; or

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.13- Page 8 Rev. 3/2022 (b) secures new employment which is comparable in salary or hours to the job which was quit; however, comparable employment may entail fewer hours or lower net salary than the job which was quit; or (c) becomes exempt from SNAP work requirements pursuant to section 385.3 of this Part. (ii) Eligibility may be reestablished during a disqualification, and the individual, if otherwise eligible, may be permitted to resume participation if the individual becomes exempt from SNAP work requirements pursuant to the provisions of section 385.3(a) of this Part. (iii) Except in cases of permanent disqualification, following the end of a disqualification, if an application for SNAP benefits is filed in the final month of the mandatory disqualification period, the social services district shall use the same application for the denial of benefits in the remaining month of disqualification and for the certification for any subsequent month(s) if all other eligibility criteria are met.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.13- Page 9 Rev. 3/2022 Part B - Department Policy Temporary Assistance (TA) The term “voluntary quit” applies to applicants and recipients who leave employment or reduce their work hours of their own accord for the purpose of qualifying for initial or increased public assistance, including those who provoked their own termination from employment or a reduction in work hours. An applicant will be ineligible for TA for 90 days from the date of the voluntary quit. The district must provide the individual an opportunity during the application process to give reasons for leaving or being terminated from employment or reducing their work hours or provoking the reduction of hours. It is the responsibility of the applicant to provide reasons or otherwise demonstrate that the voluntary quit was not for the purpose of qualifying for initial or increased public assistance. If, after providing the individual an opportunity to give reasons, the district determines that the applicant voluntarily quit his employment, a standard denial notice should be used, indicating that denial was due to a voluntary quit and referencing 18 NYCRR 385.13(a). The ineligibility shall last until 90 days have elapsed from the date the individual left or reduced their employment. When there is an active TA case for other eligible house members, TA filing unit rules require the ineligible household member to apply to be added to the case at the end of the 90-day period of ineligibility. A recipient will be subject to conciliation and sanction in the same way as a recipient who fails to comply with a work activity assignment. This process will allow the individual to provide reasons for leaving or being terminated from employment or reducing their work hours or provoking the reduction of hours. If, after the conciliation process has ended, the district determines that the recipient did voluntarily quit his employment, then the individual must be issued a ten-day notice of intent indicating that they will be sanctioned due to a voluntary quit and referencing 18 NYCRR 385.13(a). Voluntary quit sanctions for recipients are the same duration as those for noncompliance with work activities, so they are included when determining an individual sanction progression and which level of sanction to use. • For TA Households with Dependent Children in districts outside of New York City:  1st instance: non-durational and until willing to comply  2nd instance: a durational period of 3 months and until willing to comply  3rd and subsequent instance/s: durational period of 6 months and until willing to comply

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.13- Page 10 Rev. 3/2022 • For TA Households without Dependent Children in districts outside of New York City:  1st instance: a durational period of 90 days and until willing to comply  2nd instance: a durational period of 150 days and until willing to comply  3rd and subsequent instance/s: a durational period of 180 days and until willing to comply At the end of a voluntary quit sanction (or immediately, in the case of a first sanction for an individual in a household with dependent children ), the individual can demonstrate compliance by securing employment or participating in work activities as assigned by the social services district. Voluntary quit sanctions for TA recipients in New York City are non-durational and will continue until the individual demonstrates compliance with work requirements or documents that they are exempt from TA work requirements consistent with 18 NYCRR 385.2. Supplemental Nutrition Assistance Program (SNAP) The term “voluntary quit” applies to an applicant or recipient who leaves employment of 30 hours or more per week, or who reduces his or her work effort voluntarily and without good cause to less than 30 hours per week. (If an individual reduces their work effort to less than 30 hours a week, but continues to earn weekly wages that exceed the federal minimum wage multiplied by 30 hours, the individual remains exempt from SNAP work requirements and the reduction of work effort provision does not apply.) Unlike the definition for voluntary quit under TA, this definition does not include the assumption that the individual quit with the intent to qualify for public assistance or SNAP. Additionally, individuals who provoke their own discharge are not subject to SNAP voluntary quit sanctions. The voluntary quit provision applies if:  the employment involved 30 hours or more per week or provided weekly earnings at least equivalent to the Federal minimum wage multiplied by 30 hours;  the quit occurred within 30 days prior to the date of application or anytime thereafter; and  the quit was without good cause for an applicant and was both willful and without good cause for a recipient. Changes in employment status that result from terminating self-employment enterprises or resigning from a job at the demand of the employer will not be considered a voluntary quit. The reduction of work effort provision applies if:  before the reduction, the individual was employed 30 hours or more per week;

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.13- Page 11 Rev. 3/2022  after the reduction, the individual is earning less than the equivalent of 30 hours multiplied by the minimum wage;  the reduction occurred within 30 days prior to the date of application or anytime thereafter; and  the reduction was voluntary and without good cause. The minimum wage equivalency does not apply when determining a reduction in work effort. The individual must be working 30 hours per week prior to the reduction in work effort, regardless of the rate of pay, to consider the reduction in work hours voluntary. For example, an individual working 20 hours per week at $15.00 per hour, who reduces their weekly hours of employment to 12 hours per week at $15.00 per hour, is not subject to the reduction in work effort provision. An applicant will be ineligible for SNAP in accordance with the sanction periods identified in 18 NYCRR 385.12(e) if the voluntary quit without good cause took place within 30 days of application for SNAP. There is no such limitation for recipients. In instances where an individual voluntarily quit their job before applying for SNAP, but this fact was unknown to the district until after the individual became a SNAP recipient, the procedure will be the same as that for a recipient. The district must provide the individual an opportunity during the application process to give reasons for leaving or being terminated from employment or reducing his/her work hours or provoking the reduction of hours. The regulations in this section provide several reasons which are considered to be good cause for a voluntary quit. If, after providing the individual an opportunity to give reasons, the district determines that the applicant voluntarily quit their employment without good cause, a standard denial notice should be used, indicating that denial was due to a voluntary quit without good cause and referencing 18 NYCRR 385.13(b). For applicants, the disqualification is effective as of the date of application for SNAP, whether the remaining household members are certified, or the application is denied. For participants, the sanction period would begin the first month after all normal procedures for taking adverse action have been taken, (including a fair hearing). The following SNAP durational sanction periods must be imposed for a non-exempt SNAP applicant who without good cause has voluntarily quit employment, or has voluntarily reduced earnings/work effort as described in 18 NYCRR 385.13: • The first instance of voluntary quit or reduction in work effort without good cause, a period of 30 days (1 month) and thereafter until the individual complies with SNAP requirements as determined by the district;

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.13- Page 12 Rev. 3/2022 • For the second instance of voluntary quit or reduction in work effort without good cause, a period of 90 days (3 months) and thereafter until the individual complies with SNAP requirements as determined by the district; • For the third and all subsequent instances of voluntary quit or reduction in work effort without good cause, a period of 180 days (6 months) and thereafter until the individual complies with SNAP requirements as determined by the district. The sanction period for applicants is counted by number of days, (i.e., 60 days from the date of application and thereafter until the individual complies.) The sanction period for recipients is counted by months, (i.e., 1 month beginning with the first month following the expiration of the 10-day adverse action notice period, and thereafter until the individual complies.) The ineligibility lasts until the sanction period has elapsed and until the individual:  complies with employment requirements as assigned by the district; or  becomes exempt from work registration; or  secures a comparable job. Eligibility may be reestablished during a disqualification and the individual, if otherwise eligible, may be permitted to resume participation in the SNAP program if the individual becomes exempt from work registration requirements. Individuals who were or would have been exempt from work registration at the time of the voluntary quit, except in the case of an exemption for full time employed, are not subject to voluntary quit provisions. Individuals who are dismissed from federal, state or local government for participating in a strike are considered to have voluntarily quit without good cause. If an individual quits a job, secures new employment at comparable wages or hours and is then laid off or, through no fault of his own, loses the new job, the individual must not be disqualified for the earlier quit.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.13- Page 13 Rev. 3/2022 Part C - Questions and Answers Tamporary Assistance Q.1 For recipients in a household with dependent children, the first sanction for a recipient voluntary quit is “until willing to comply.” Other than the individual securing a comparable job or increasing their hours, what counts as willingness to comply? A.1 For a TA recipient voluntary quit sanction the individual can demonstrate compliance by securing employment or participating in work activities as assigned by the social services district. SNAP Q.2 When does the sanction period for a voluntary quit or reduction in work hours to less than 30 per week begin and end? A.2 For applicants, the disqualification is effective as of the date of application for SNAP. For SNAP recipients, the sanction period would begin the first month after all normal procedures for taking adverse action have been taken (including a fair hearing). For example, a member of a household has been determined to have quit his/her job without good cause on December 5th. Assuming that all adverse action procedures have been taken (determination that the quit was voluntary, sanction notice issued) within the month of December, the individual would begin his/her sanction with the month of January and end it 1, 3, or 6 months later depending upon the number of prior sanctions. Assuming that the household requests the district to add the individual to the case at the end of the sanction and the individual complies with work registration requirements as assigned, the individual’s needs would be considered in the month following the month that the household makes the request. Q.3 Which individuals are subject to sanctions for voluntary quit/reduction in hours? Which ones are exempt? A.3 An applicant, who is subject to SNAP work requirements, and who voluntarily quits a job of 30 hours or more per week or reduces their hours to less than 30 per week without good cause is subject to a sanction. An individual recipient, who is a non-exempt work registrant and who quits a job of 30 hours or more per week, (or the equivalent of 30 hours per week multiplied by minimum wage) or reduces their work hours to less than 30 hours per week willfully and without good cause is subject to sanction.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.13- Page 14 Rev. 3/2022 For SNAP, sanctions do not apply to individuals who have been working less than 30 hours per week and who reduce their work hours, (note: minimum wage equivalency does not apply when determining a reduction in work effort). Additionally, sanctions do not apply to individuals who were working less than 30 hours per week or earning less than 30 hours multiplied by the minimum wage and who quit a job. Examples of SNAP voluntary quit provisions:  Working 30 hours or more per week and quit = subject to sanction;  Working 30 hours or more per week and reduce to below 30 hours per week = subject to sanction (unless wages x hours worked are equal or greater than 30 hours x minimum wage);  Working 20 hours per week @ $15.00 per hour and quit = subject to sanction (due to minimum wage equivalency);  Working 20 hours per week @ $15.00 per hour and reduce to 12 hours of work per week = not subject to sanction;  Working 20 hours per week @ $7.25 per hour and quit = not subject to sanction. An individual who is exempt from work requirements cannot be sanctioned for voluntary quit or reduction of hours unless the sole reason they are exempt is due to working 30 hours or more per week (or earning the equivalent of 30 hours multiplied by minimum wage). Q.4 How does the date of the quit or reduction of hours relate to the sanction? A.4 If an applicant quits a job more than 30 days prior to applying for SNAP, the district does not make a determination of voluntary quit or reduction in hours. In the case of a recipient, a district may take action when it discovers the infraction, even if more than 30 days have elapsed. Q.5 Can a SNAP applicant or recipient be sanctioned for voluntary quit if the job was for less than 30 hours a week? A.5 A voluntary quit occurs if the individual quit a job where the employment involved 30 hours or more per week or provided weekly earnings at least equivalent to the federal minimum wage multiplied by 30 hours. It is possible that a SNAP applicant or recipient could be sanctioned for a voluntary quit if the job was for less than 30 hours weekly, as long as the weekly hours multiplied by the rate of pay was at least equivalent to the federal minimum wage multiplied by 30 hours. For example, and individual employed 25 hours per week earning $20 per hour will earn $500 weekly wages, which is higher than 30 hours multiplied by federal minimum wage ($217.50).

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.13- Page 15 Rev. 3/2022 Q.6 Can a SNAP applicant or recipient be sanctioned for a reduction in the number of hours worked? A.6 A sanction is only imposed for a reduction in the number of hours worked if the individual was working at least 30 hours a week prior to the reduction in work effort. If the individual reduces their work hours to less than 30 a week, but continues to earn weekly wages that exceed the federal minimum wage multiplied by 30 hours, individual remains exempt from SNAP work requirements and the reduction in work effort provisions does not apply. Q.7 Can a SNAP applicant or recipient be sanctioned for provoking his or her own discharge from employment? A.7 No. Individuals who provoke their own discharge from employment are not subject to SNAP voluntary quit sanctions. This policy differs from TA rules that do consider an individual who provoked his or her own discharge to have voluntarily quit the job. Additionally, changes in employment status that result from terminating a self-employment enterprise or resigning from a job at the demand of the employer will not be considered a voluntary quit for SNAP purposes.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Appendix A- Page 1 Rev. 3/2022 Appendix A - Model Documents and Worker Aids Table of Contents Appendix A - Model Documents and Worker Aids ...................................................................... 1 Agreement with Worksite Sponsor Agency ............................................................................. 2 Waiver of New York State Medical Review Procedure ............................................................ 7 Sample Cover Letter to Accompany the Request for Medical Information .............................. 8 LDSS-4826B Interview/Verification Guide for the Supplemental Nutrition Assitance Program (SNA) Application and Recertification ..................................................................................... 9 LDSS-4958 TA Sanction and Denial Policy/Participation Rate Impact Desk Guide ...............14 LDSS-5122 Supplemental Nutrition Assistance Program Employent and Training Sanction Desk Guide ...........................................................................................................................14 LDSS-4923 TANF and SNA MOE Work Activities Countability Desk Guide (Households with Dependent Children) .............................................................................................................14 LDSS-4924 SNAP non-MOE Work Activities Countability Desk Guide (Households without Dependent Children) .............................................................................................................14 LDSS-4925 Employability Code Desk Guide TANF and SNA MOE (Households with Dependent Children) .............................................................................................................15 LDSS-4926 Employability Code Desk Guide SNA non-MOE (Household with Dependent Children) ................................................................................................................................15 LDSS-5062 SNAP Employability/ABAWD Code Desk Guide .................................................15 Sample Conciliation Summary Template ...............................................................................15

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Appendix A- Page 2 Rev. 3/2022 Agreement with Worksite Sponsor Agency Following is a copy of a model agreement districts may use as a guide for establishing worksite agreements with organizations that will provide work experience placements. This model incorporates all statutory and regulatory requirements governing work experience assignments. Any agreement used by the district should ensure that all such requirements are met. Districts may wish to include additional information in their worksite agreement to specify how such requirements are met or to address local concerns. Agreement with Worksite Sponsor Agency THIS AGREEMENT, made the __ day of _________________ , 20__ , by and between ________________ in THE COUNTY OF ____________________, having its offices at _________________________, hereinafter designated the "social services district", and (Name and Address of Sponsor)

hereinafter designated the "sponsor." WHEREAS, the social services district is charged with receiving and administering federal Temporary Assistance for Needy Families (TANF) funds, state Safety Net Assistance funds and Supplemental Nutrition Assistance Program (SNAP) Employment and Training (SNAP E&T) funds to be used for work activities in accordance with State Social Services Law and its implementing regulations. TANF activities must be in accordance with the state plan filed with the U.S. Department of Health and Human Services under Title IV-A of the Social Security Act. The social services district may use federal and state funds for work activities as authorized under the TANF Program, the state- administered Safety Net Assistance Program, and the SNAP E&T program to provide for the establishment of work experience projects, including any work experience that is part of a community service program, for persons in receipt of TANF, Safety Net Assistance and/or SNAP benefits. Such projects may include the performance of work experience activities in the public sector or non-profit sector, including activities associated with refurbishing publicly assisted housing. Work experience projects also may include the operation of an activity of a governmental unit, a non- profit agency, or an institution, pursuant to an agreement with the social services district in accordance with state regulations; and WHEREAS, the sponsor is a state or federal government institution, a municipality, a public agency, or a public or private nonprofit entity desiring to provide work experience activities for recipients of TANF, Safety Net Assistance, and/or SNAP benefits under an agreement complying with such provision of law and regulations. NOW, THEREFORE, it is agreed as follows:

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Appendix A- Page 3 Rev. 3/2022 1) The social services district shall assign to the sponsor recipients of TANF, Safety Net Assistance, and/or SNAP benefits (hereinafter called "participants") to whom the sponsor shall assign work experience activities in accordance with the provisions of this Agreement and applicable law and regulations. 2) Work experience activities shall be performed at the sponsor's office or at such other worksite locations as shall be mutually agreed upon between the social services district and the sponsor. The work experience assignment, however, must serve a useful public purpose in fields such as health, social services, environmental protection, education, urban and rural development and re-development, welfare, recreation, operation of public facilities, public safety, or child day care. 3) The assignment of a participant to a work experience activity must not result in: a) the displacement of any currently employed employee or loss of job or position, including partial displacement such as a reduction in the hours of non-overtime work, wages or employment benefits, or result in the impairment of existing contracts for services or collective bargaining agreements; b) the assignment of a participant to a work experience activity when an employee is on layoff from the same or any equivalent position, or the employer has terminated the employment of any regular employee or otherwise has reduced its workforce with the effect of filling the resultant functional vacancy with such participant; c) any infringement of the promotional opportunities of the sponsor's employees; d) the performance, by such participant, of a substantial portion of the work ordinarily and actually performed by regular employees; or e) the loss of a bargaining unit position as a result of the work experience participant performing, in part or in whole, the work normally performed by the employee in such position. 4) Work experience assignments shall not be made at any worksite at which the regular employees are on a legal strike against the employer or are being subjected to a lock out by the employer. 5) No participant shall be assigned to a work experience activity that conflicts with their bona fide religious beliefs. 6) The social services district will advise the sponsor as to the number of mandatory hours for which each participant must participate in work experience activities each month. A participant may be assigned to work experience activities for a maximum number of hours calculated by dividing their public assistance grant and allotment of SNAP benefits, if applicable, by the state or federal minimum wage, whichever is higher. The limitation of the number of hours of work experience activities to which a participant may be assigned is only a calculation of allowable hours in work experience activity. In no event may a participant be required to work more than forty hours in any week. 7) The social services district will advise the sponsor as to any limitations a participant may have with regards to the nature of work experience activities in which they may participate; participants will be required to perform only those activities that are within their capabilities. 8) The sponsor will maintain and provide to the social services district time records with respect to each participant, and shall ensure that such time records are adequate to meet the needs of the social services district. Such time records will include the sponsor's name and address, the participant's name, the hours during which the participant participated in

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Appendix A- Page 4 Rev. 3/2022 work experience activities, and the period covered by the report. The sponsor will notify the social services district if a participant refuses and/or fails to perform assigned work experience activities.

9) The sponsor warrants that it will not discriminate on the grounds of age, race, color, religion, sex, national origin, or mental or physical disability. 10) Participants shall not be required to travel an unreasonable distance from their homes (generally a round trip lasting more than two hours) or to remain away from their homes overnight for the purpose of participating in work experience activities. 11) The sponsor shall provide for each participant workers’ compensation or equivalent protection for on-the-job injuries and tort claims protection on the same basis, although not necessarily at the same benefit level, as such protections are provided to the sponsor's employees in the same or similar positions. 12) The sponsor shall promptly notify the social services district of a participant's absence (whether for illness or otherwise), except when such absence is on a pre-planned basis approved by the social services district. Such notification shall include prompt telephone notice to the social services district followed by written confirmation if requested. Additionally, the sponsor shall report to the social services district any injury to or illness of any participant. 13) The sponsor shall provide adequate supervision to the participant. The sponsor will review the performance and attitude of all participants with a representative of the social services district at regular and mutually convenient intervals. 14) The sponsor will establish and maintain appropriate standards of health, safety, and other work conditions to ensure that participants are adequately protected against hazards or activities that may affect adversely their health or safety. Such standards shall meet or exceed those required by public employee safety and health standards as established in New York State Labor Law § 27-a. 15) The social services district will provide transportation or will meet the cost of transportation, provide necessary allowance for child care and provide other supportive services as may be required by participants. 16) The sponsor shall provide any special clothing, specific tools or equipment that may be required for the participants to perform work experience activities. 17) Participants may be required to operate a motor vehicle in the course of executing work experience activities. If so, the sponsor shall provide the motor vehicle, and also shall provide adequate liability insurance for such motor vehicle which shall cover the participant who may be operating the vehicle. Only properly licensed participants may be assigned such work experience activities. 18) The sponsor may terminate the work experience activities of any participant, provided that the sponsor shall promptly furnish the social services district with a written evaluation of the participant's performance and the reason for the termination. 19) The sponsor may offer full-time paid employment to any participant, provided the sponsor furnishes to the social services district written notice of such offer and the participant's acceptance or rejection thereof, including details as to the job description, wages and date of employment.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Appendix A- Page 5 Rev. 3/2022 20) The sponsor agrees to indemnify and save harmless the State of New York and the County of___________, their officers, employees and agents from and against all liability, loss or damage they may suffer as a result of any claims, demands, costs, judgments or damage to state or county property in the care, custody or control of the sponsor arising directly or indirectly out of this Agreement, including losses arising out of the negligent acts or omissions of the sponsor. The sponsor further agrees to provide defense for and defend any claims or causes of action of any kind or character directly or indirectly arising out of this Agreement at its sole expense and agrees to bear all other cost and expenses relating thereto. The foregoing provisions shall not be construed to cause the sponsor to indemnify the state and the County, their officers, agents or employees from its or their sole negligence. The sponsor affirms that it will comply in the performance of the Agreement with all applicable provisions of the Labor Law, Workers’ Compensation Law, State Employment Insurance Law, State General Obligations Law, federal Social Security Law and any and all rules and regulations promulgated by the U.S. Department of Labor, the U.S. Department of Health and Human Services, the Commissioner of Labor of the State of New York, and any other applicable laws, rules and regulations. 21) This Agreement shall take effect as of ________, _________ and may be terminated at any time by either party upon thirty (30) days written notice by registered or certified mail, return receipt requested. 22) This agreement shall not be modified except by a further written agreement signed by both parties. In witness thereof, the parties have executed this agreement on the dates noted below. By: ____________________, Commissioner County Department of Social Services Date: __________________ By: ____________________, (Sponsor Organization) Date: _________________

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Appendix A- Page 6 Rev. 3/2022 Sample Warning Letter for Intentional Misrepresentation of a Disability This is to notify you that your household’s public assistance grant may be reduced because we believe ____________ may have intentionally misrepresented that they suffer from an impairment that would limit participation in work activities or make them exempt from assignment to work activities. If we determine, based on medical or other evidence, that ____________ intentionally misrepresented that they suffer from an impairment, your household’s public assistance benefits would be reduced pro-rata for _____ days and until ___________________ complies with employment requirements. If so, you will receive another notice that will advise your household of the sanction and the reduction in public assistance benefits. After you receive that notice, you may request a fair hearing if you do not agree with the decision. If you wish to discuss this matter with us before we make a decision, or if you have any additional information to provide, you may call ___________ at ___________ no later than __________.

Note to district: As outlined in Part B of Section 385.2 of this manual districts should document in writing in the case record when an individual with a suspected disability refuses to participate with efforts to verify the disability and chooses to participate in work activities without accommodation. The sample waiver below is available for district use that describes the requirements and benefits to the individual and has a place for the individual to sign acknowledging they have been informed and chooses to participate without accommodation. These individuals would be non-exempt and assigned to work activities without applying the disability review procedure.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Appendix A- Page 7 Rev. 3/2022 Waiver of New York State Medical Review Procedure Instructions: Please read this form carefully. If you do not understand something, or if you have any questions, ask your worker. If you agree with the waiver requirements, please sign and date the form. You will be given a copy and your worker will keep a copy. The Medical Review Procedure

 The medical review procedure includes all of the things your worker will ask you to do to determine whether or not you have any health-related limitations that affect your ability to work or participate in employment and training programs. For example, you might have to undergo screening and evaluation or have your doctor examine you and fill out a form.

 Participating in the medical review procedure will help you and your worker decide which activities are best for you and if you will need extra help or services.

 If you are evaluated and found to have a disability or health-related limitation, the social services district will arrange for the help and services you need to participate in a work activity assignment made by the district.

 You decide whether or not to participate in the medical review procedure.

If You Decide Not To Participate in the Medical Review Procedure

 If you decide not to participate in the medical review procedure, you will have to participate in work activities and may not have your medical condition accommodated. You may not receive the help and services you need.

 You may change your mind at any time and ask for a medical review of your ability to work. If you cannot successfully participate in work activities without accommodations, and we believe it is because you might have a disability, you may be required to participate in the medical review procedure. Your Signature I have read this form and understand it. I do not want to participate in the medical review procedure. _______________________

____________________ Signature

Date _______________________ Worker Signature

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Appendix A- Page 8 Rev. 3/2022 Sample Cover Letter to Accompany the Request for Medical Information

Date:

RE: (Name of Applicant/Recipient)

DOB:

Dear Health Care Provider:

The above-named individual has been referred to you for evaluation to help determine the extent to which he/she is able to participate in an employment and training (E&T) program and may include job search, job readiness training, work experience, vocational rehabilitation or training, and educational activities including classroom instruction. Additionally, it is important to determine if participation in treatment or rehabilitation is warranted. We also need your assessment of the expected length of the impairment. If the individual has severe impairments that are expected to last at least 12 months or result in death, it may indicate that it would be most appropriate for the district to refer the individual to apply for federal disability benefits. If the individual is able to participate in an E&T program in any capacity, we are also requesting information regarding the nature of any physical or mental functional limitations so that appropriate accommodations may be provided.

Please complete the enclosed medical form. If additional space or clarification is needed in any area, please attach the additional information. Treatment intensity should correspond to the severity of the condition. If, in your opinion, the individual is completely unable to participate in any E&T activities and would not benefit from rehabilitation or treatment, please indicate that so the individual may be referred to the proper agencies and services.

I can be reached at _____________ if you require additional information. Thank you for your time and consideration in this matter. Sincerely, ______________________ Worker Name ______________________ Title

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Appendix A- Page 9 Rev. 3/2022 LDSS-4826B Interview/Verification Guide for the Supplemental Nutrition Assitance Program (SNA) Application and Recertification

Federal regulation 7 CFR 272.5(b)(1) requires State agencies to inform SNAP participant and applicant households of their program rights and responsibilities. Federal regulation 7 CFR 273.2(e)(1) requires, as part of the eligibility interview, that the interviewer must advise households of their rights and responsibilities, including the appropriate application processing standard and the household’s responsibility to report changes.

Federal regulation 7 CFR 273.7(c)(1) states the State agency must explain to the individual the pertinent work requirements, the rights and responsibilities of work registered household members, and the consequences for failure to comply.

Section 6(o)(2) of the Food and Nutrition Act of 2008, as amended, limits the time able-bodied adults without dependents (ABAWDs) can receive SNAP benefits to three months in any 36- month period, unless the individual meets the ABAWD work requirement or is otherwise exempt. State agencies must inform ABAWD and potential ABAWD households of the time limit, exemption criteria (including exemptions from the general work requirements), and how to fulfill the ABAWD work requirements, as these rules and responsibilities are fundamental to their eligibility for SNAP. At a minimum, this must take place during the eligibility interview.

Federal regulation 7 CFR 273.2(f)(6) states case files must be documented to support eligibility, ineligibility, and benefit level determinations.

The LDSS-4826B Interview/Verification Guide for the LDSS-4826 SNAP Application/Recertification provides district eligibility workers with an optional tool for documenting the information gathered from the household during the eligibility interview, and to document in the case file that the household was informed of their program rights and responsibilities, including the SNAP work requirements and ABAWD requirements, as outlined above. Use of the LDSS-4826B Interview/Verification Guide is not mandatory, however OTDA strongly encourages districts to use this tool to make certain all required information is reviewed with the household during the interview and that the case file clearly supports the eligibility, ineligibility, and benefit level determination made by the eligibility worker.

Part A:

Part A of the LDSS-4826B Interview/Verification Guide for the LDSS-4826 Supplemental Nutrition Assistance Program (SNAP) Application/Recertification is designed to assist workers to manage SNAP application and recertification processing and comply with all the applicable SNAP eligibility determination requirements. Districts are not required to use the LDSS-4826B and may incorporate its questions and information into their processes as they determine appropriate. For example, districts may choose to require new workers to use the form when

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Appendix A- Page 10 Rev. 3/2022 interviewing as part of their training. Districts may also incorporate elements of the form into local equivalents.

The first section allows the worker to maintain a record of procedural and non-financial elements of the SNAP eligibility determination including, for example, that the worker verified the application/recertification form was signed, and the date the interview was completed. Additionally, the section prompts workers to verify that the household has verified in writing or electronically that an authorized representative is able to act on its behalf for households with authorized representatives.

Part A also includes sections that collect information necessary to accurately determine a household’s SNAP eligibility including:

• Household Size: information about who resides in the household and their relationships is necessary to determine the required SNAP household members. The section also includes an area to note any ineligible household members (e.g., students, non-citizens, and non-compliant Able Bodied Adults Without Dependents);

• SNAP Household Income: all household income must be disclosed and verified, including type of income, amount and frequency received, whether the income is ongoing and when the income began if it is not already part of the case record;

• Categorical Eligibility: categorical eligibility must be determined for each household and workers may reference the LDSS-4943 Categorical Eligibility Desk Aid as a resource. Households not categorically eligible are subject to the resource test and must provide verification of all countable resources;

• Participant Characteristics: workers should ask the education level and primary language questions if they have not been completed on the application/recertification form. Workers must also explain that the questions are voluntary and are only used for federal reporting purposes and that the information is reported anonymously;

• Residence-Shelter Type/Expenses: information about the household’s current address, shelter type and expenses must be collected and verified if applicable. Workers must also collect information about shared living situations if applicable;

• Heat-Utility/Expense: information about the household’s responsibility for heating and/or utility expenses must be collected to determine the household’s fuel/utility code and Standard Utility Allowance eligibility;

• Standard Utility Allowance: subsections A and B assist the worker to make the correct Standard Utility Allowance determination for the household and the LDSS-4902 SNAP Utility Allowance Table is available as a reference. Additionally, workers should reference 18 TA-DC012 $21 Nominal HEAP Benefits Advance Payment to determine

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Appendix A- Page 11 Rev. 3/2022 whether the household is eligible for the $21 nominal HEAP benefit to qualify for the Heating/Cooling;

• Standard Utility Allowance (HCSUA). See 16-ADM-07 for additional guidance;

• Deductions: information about the household’s countable expenses, including child care, child support and out of pocket medical expenses must be collected and verified if applicable;

• Applicants Rights and Responsibilities and Reporting Requirements: As described above, federal regulation 7 CFR 272.5(b)(1) requires State agencies to inform SNAP participant and applicant households of their Program rights and responsibilities and 7 CFR 273.2(e)(1) requires, as part of the eligibility interview, the interviewer to advise households of their rights and responsibilities, including the appropriate application processing standards and the household’s responsibility to report changes. Part A includes a summary of the Applicant/Recipient rights and responsibilities and reporting requirements to assist workers to provide accurate information during the interview and determine and record the household’s reporting requirements. Part B: Employment Requirements for SNAP Applicants and Recipients

Section 1: SNAP Work Requirements:

• The district must determine work registration status, (exempt or non-exempt from work requirements), for all members of the SNAP household that are age 16 through 59 at the time of the interview. As part of the work registration process, the worker must explain the rights and responsibilities of work-registered household members, and the consequences for failure to comply. This section of the interview guide provides guidance to prompt the eligibility worker to verbally review SNAP work requirements, including the consequences for failure to comply, with the household during the eligibility interview. This section includes space for the worker to initial and document the date that the household was informed of the SNAP work requirements. In addition to the oral explanation,the appropriate written notice, LDSS-5193 or LDSS-5193A must be provided to the household at certification, recertification, and when a previously exempt household member or new household member becomes subject to work requirements.

• The exemptions from the SNAP work requirements are listed on the bottom of page 6 and top of page 7 of the LDSS-4826B. During the eligibility interview, the worker must review the exemptions from the SNAP work requirement with the household to identify household members who fit the exemption criteria. If any members of the household claim to be exempt from the SNAP work requirements, the worker will record the individual’s name and indicate the documentation requested to satisfy the claimed exemption.

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Appendix A- Page 12 Rev. 3/2022

• On the bottom of page 7, the worker will document who in the household is subject to the SNAP work requirements. This section also provides space for the worker to indicate if the non-exempt individual has been referred to a SNAP Employment and Training (E&T) work activity, (or to the district’s employment unit or contracted employment vendor), and the supportive services needed by the individual in order to participate in SNAP E&T activities.

• In the table on the top of page 8, the worker will identify any household members who are in sanction status for SNAP at the time of the interview. For household members with a durational sanction at the time of the interview, the eligibility worker must explain the remaining time period of the durational sanction, ask if the sanctioned household member may now qualify for an exemption from the SNAP work requirements, and inform the household of what the sanctioned member must do to comply at the end of the durational sanction period.Section 2: Additional Work Requirements for SNAP Recipients who are Able Bodied Adults Without Dependents (ABAWD):

• For each household member who is subject to the SNAP work requirements, the eligibility worker must determine if the individual qualifies for an exemption from the ABAWD time limits. The eligibility worker must discuss the exemptions from the ABAWD time limit, listed on page 8 of the LDSS-4826B, with the household representative to identify all household members between the age of 18 through 49, who are subject to SNAP work requirements, but who may be exempt from the ABAWD time limit. If documentation is needed to support an exemption from the ABAWD time limit, the worker will record the documentation that was requested. Individuals identified with “yes” to any of the exemptions listed on the bottom of page 8, are not subject to the ABAWD time limit.

• After reviewing the exemptions from the ABAWD time limit, on the top of page 9 the eligibility worker will record the name of any household members who are subject to the ABAWD time limit. If the ABAWD individual is engaged in work or a work activity at the time of the interview, the activity should be identified in the table on page 9, along with the documentation requested to verify engagement in the ABAWD qualifying work activity.

• In all districts that do not have a federally approved ABAWD waiver for the full county, the worker must verbally review the ABAWD requirements during the eligibility interview. The information bulleted in the middle of page 9 of the LDSS-4826B must be reviewed with the household representative during the eligibility interview. In addition to verbally informing the household of the ABAWD requirements, the appropriate written notice, the LDSS-5193 Important Information about SNAP Work Rules (General, Mandatory E&T, and ABAWD) must be provided to the household. The worker should date and initial at the bottom of page 9 to document in the case record that the household was informed of the ABAWD requirements.

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Appendix A- Page 13 Rev. 3/2022

• In all districts that do not have a federally approved ABAWD waiver for all residents of the district, the district must offer and provide an ABAWD qualifying work activity for an ABAWD to maintain SNAP eligibility. As a reminder to the worker, a confirmation statement is located on the bottom of page 9 for the worker to indicate the date that the LDSS-5127 ABAWD Work Activity Letter was sent to the ABAWD member of the household.

• During the eligibility interview the worker must determine whether or not the ABAWD has received SNAP benefits in any other county in New York, and/or if the ABAWD has received SNAP benefits in any other State during the fixed 36-month period. The information on the top of page 10 of the LDSS-4826B reflects the dates of the fixed 36- month period and prompts the worker to review ABAWD countable months the ABAWD individual may have received in another State or county during the fixed 36-month period. Districts should refer to GIS 18 TA/DC020 Out-of-State SNAP Participation for Able-Bodied Adults Without Dependents (ABAWD) Tracking for additional guidance on this requirement.

• In the table on the bottom of page 10, the worker will identify any ABAWDs in the SNAP household who are currently ineligible for SNAP benefits because of noncompliance with ABAWD requirements. For each ineligible ABAWD, the worker must explain to the household how the ineligible ABAWD can re-establish eligibility for SNAP benefits, and document the offer of an ABAWD qualifying activity to the individual to re-establish eligibility for SNAP. Providing the ineligible ABAWD with the LDSS-5127 ABAWD Work Activity Letter will support the assistance the district offered to the individual to re- establish eligibility for SNAP. Please note: An ABAWD who was previously determined ineligible for SNAP benefits because of noncompliance with ABAWD requirements and does not re-establish eligibility by complying with the ABAWD requirement to the satisfaction of the district remains ineligible for SNAP benefits.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Appendix A- Page 14 Rev. 3/2022 LDSS-4958 TA Sanction and Denial Policy/Participation Rate Impact Desk Guide

The LDSS-4958 TA Sanction and Denial Policy/Participation Rate Impact Desk Guide is a comprehensive desk guide highlighting the correct usage of sanction “reason codes”, the appropriate individual disposition “status codes” to be applied when imposing sanctions for noncompliance with work requirements, and the impact of such sanctions on the participation rate calculation. District staff are encourage to use the LDSS-4958 as a guide to properly monitor and report sanctions in a manner consistent with federal and State regulations.

LDSS-5122 Supplemental Nutrition Assistance Program Employent and Training (SNAP E&T) Sanction Desk Guide

The SNAP durational sanction periods imposed when a non-exempt SNAP recipient has failed without good cause to comply with work requirements, has voluntarily quit employment, or has voluntarily reduced earnings/work effort as described in 18 NYCRR 385.12(e)(2) are outlined in the LDSS-5122.

LDSS-4923 NYS OTDA TANF and SNA MOE Work Activities Countability Desk Guide (Households with Dependent Children) LDSS-4924 SNAP non-MOE Work Activities Countability Desk Guide (Households without Dependent Children) The LDSS-4923 and the LDSS-4924 desk guides provide district workers with a summary of work activity definitions and information on how the hours of participation in each work activity apply toward the federal participation rate for families with dependent children receiving TANF funded assistance or Safety Net funded assistance that is counted toward the TANF Maintenance of Effort (MOE) requirement, and for the State participation rate that applies to households without dependent children receiving SNA that is not counted toward the TANF MOE requirement. These desk guides also provide district workers with a summary of employability codes that are used to identify a TA applicant’s or recipient’s employability status based on the district’s review of specific case circumstances, and to identify the potential effect that the employability code may have on the federal or State participation rate calculation.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Appendix A- Page 15 Rev. 3/2022 LDSS-4925 Employability Code Desk Guide TANF and SNA MOE (Households with Dependent Children) LDSS-4926 Employability Code Desk Guide SNA non-MOE (Household with Dependent Children) The LDSS-4925 provides a summary of the employability codes that apply to TA households with dependent children and the LDSS-4926 provides a summary of the employability codes that apply to TA households without dependent children. LDSS-5062 SNAP Employability/ABAWD Code Desk Guide Districts are required to correctly determine the employability status of each individual applying for or receiving SNAP benefits, including those individuals who are concurrently applying for or receiving temporary assistance. Each individual’s employability status and proper ABAWD coding must also be reviewed at recertification and any time there is a reason to believe that the employability and/or ABAWD status may have changed. The criteria that would render an individual exempt from SNAP work requirements and the criteria with respect to who is subject to ABAWD work requirements is listed in 18 NYCRR 385.3. OTDA strongly recommends that districts use the LDSS-5062A or a similar document as a tool to assist staff with making correct SNAP employability determinations and so as to properly code individual ABAWD status. The LDSS-5062A may be completed by TA/SNAP and NTA/SNAP eligibility workers during the interview with the household to, among other purposes, screen the household for an exemption from the SNAP work requirements and ABAWD requirements, and to identify the most appropriate SNAP employability code and ABAWD status code. Sample Conciliation Summary Template Following is a copy of a model conciliation summary template districts may use as a guide for documenting the outcome of the conciliation process for TA and SNAP purposes. This sample template incorporates necessary steps the district must take to determine whether an individual’s failure to comply with work requirements was both willful and without good cause. In addition, the template includes a section to document the required process to provide SNAP recipients who fail or refuse to comply with a SNAP E&T requirement an opportunity to demonstrate compliance to avoid a SNAP employment sanction. Districts can modify this template to meet the specific needs of the district and incorporate changes to reflect the the district’s local procedures for the conciliation/sanction process. Districts outside of New York City are reminded that workers must update the Noncompliance Tab in WTWCMS to reflect the current status at each step of the noncompliance process. (For New York City, the conciliation/sanction process is automated in NYCWAY).

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Appendix A- Page 16 Rev. 3/2022 CONCILIATION SUMMARY

CASE#: CLIENT NAME: DATE OF CONCILIATION NOTICE: DATE OF OCCURRENCE: ALLEGED ACT OF NONCOMPLIANCE: TYPE OF CONCILIATION: ☐ TA/SNAP ☐ TA only

☐ SNAP only CONCILIATION RESPONSE DUE DATE:

Did the client respond to conciliation? ☐ YES Date of response: ☐ NO CONCILIATION CONDUCTED: ☐ YES ☐ NO SUMMARY OF THE CONCILIATION:

DETERMINATION: ☐ Resolved (explain below), NO SANCTION ☐ Not willful and without good cause, NO SANCTION ☐ Willful and without good cause, SANCTION IMPOSED ☐ No response to conciliation, no evidence of good cause, SANCTION IMPOSED

☐ The client is subject to SNAP conciliation and was informed of the option to avoid a SNAP employment sanction through demonstrated compliance (for TA/SNAP and SNAP only conciliations).

Activity assigned: _____________________________________________________________

If the client’s failure to comply was both willful and without good cause, and the client is subject to a SNAP employment sanction did they demonstrate compliance to avoid the SNAP sanction?

 The client demonstrated compliance, NO SNAP SANCTION  The client did not to demonstrate compliance, SNAP SANCTION IMPOSED

COMMENTS (details of determination including client responses, how district determined the client was both willful and without good cause, if the client was determined to not be willful or had good cause please provide details as to steps the client can take to avoid future noncompliance):

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Appendix A- Page 17 Rev. 3/2022 DETERMINATION MADE BY

Name of worker

Date

Cc: Client

Client case record

*Please update the Non-Compliance tab in WTWCMS with the outcome of the conciliation.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Appendix B- Page 1 Rev. 3/2022 APPENDIX B - EMPLOYMENT TRACKING INQUIRY and WELFARE REPORTING AND TRACKING SYSTEM (WRTS)

EMPLOYMENT TRACKING INQUIRY ................................................................................... 1 WTRK00 EMPLOYMENT TRACKING INQUIRY MENU ......................................................... 3 WTRK31 FS ABAWD TRACKING .......................................................................................... 5 WTRK32 PA INDIVIDUAL EMPLOYMENT TRACKING INQUIRY ......................................... 9 WTRK43 FS ABAWD OVERRIDE INPUT ............................................................................ 16 WTRK42 PA EMPLOYMENT OVERRIDE ENTRY ............................................................... 36 WTRK43 PA EMPLOYMENT OVERRIDE INPUT ................................................................ 38

EMPLOYMENT TRACKING INQUIRY

The etracking inquiry screens (Section 17, Time Limit Tracking Menu, from the Welfare Management System (WMS) main menu), were designed to aid local district workers in tracking mandated employment requirements for TA and SNAP recipients. The information displayed on the screens is based on Welfare Reporting and Tracking System (WRTS) information derived from the Welfare Management System (WMS) and the Welfare-to-Work Caseload Management System (WTWCMS) or reported by the New York City Human Resources Administration.

There are four screens available from the main menu selection (WTRK00).

• Screen WTRK31 supports SNAP ABAWD (Able-Bodied Adults Without Dependents) tracking requirements;

• Screens WTRK32 and WTRK 42 support TA employment tracking;

• Screen WTRK42 has a limited override function for TA employment;

• Screen WTRK43 allows for the override of ABAWD tracking fields;

New York City Work Accountability and You (NYCWAY), the source of employment activity data for NYC clients, is not part of the WRTS database. However, each month OTDA receives an ABAWD data report from the New York City Human Resource Administration (HRA) and this information is added to the WRTS database.

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Appendix B- Page 2 Rev. 3/2022

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Appendix B- Page 3 Rev. 3/2022 WTRK00 EMPLOYMENT TRACKING INQUIRY MENU

Selections P through S located in the lower portion of the WTRK00 screen allow access to the Employment Tracking Inquiry series of screens (see Fig. 1). For information about the the upper portion of the screen and the Time Limit Tracking actions, please refer to Time Limit Tracking Manual available on CentraPort.

Fig. 1 W TRK00 Time Limit and Employment Tracking Inquiry Menu Screen

Access Entering selection 17 – TIME LIMIT TRACKING INQUIRY on the WMS Menu - WMSMNU screen will display the TIME LIMIT TRACKING INQUIRY (WTRK00) screen.

Selection P Entry of a valid CIN returns the WTRK31 – FS ABAWD TRACKING screen. The case number must be entered if client is in multiple cases. This screen displays detailed information related to tracking an individual’s compliance with the ABAWD requirements.

Selection Q Entry of a valid CIN returns the WTRK32 – PA INDIVIDUAL EMPLOYMENT TRACKING screen. This screen displays detailed employment tracking data for a TA individual. including information about an individual’s current enrollments in work activities, earnings, and hours of employment.

Selection R Entry of a valid CIN returns the WTRK43 – FS ABAWD OVERRIDE INPUT screen. This screen is used to adjust ABAWD tracking data. The user may delete existing months or add new months to the ABAWD counter. Case Number must be entered if the client is in multiple cases. Selection S

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Appendix B- Page 4 Rev. 3/2022 Entry of a valid CIN returns the WTRK42 – PA EMPLOYMENT OVERRIDE INPUT screen. This data entry screen allows the user to make changes to the Welfare-to-Work Assessment Date and to the history of any of the four employment tracking categories.

If the case being accessed through the above four selections is in NYC, a suffix is required. District is a required entry when the casebeing accessed is from a district other than the worker’s designated district.

Data Element Fields for Screen WTRK00 Screen Caption

Data Element Name (size)

Remarks Selection None The selections supported on the Employment Tracking section of this screen are P – S. A selection is required to access the Employment Tracking Inquiry. CIN Client Identification Number (8) The CIN of the individual for which a system search will entry of CIN is required. be initiated. The Case # Case Number (10) The local district will be initiated. assigned Case Number for which a system search Suf Suffix (2) The case suffix number cases will display “01”. used for NYC cases. ROS (Rest of State) Dist District (4) The first 4 letters of the local district name. For New York City enter NYC.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Appendix B- Page 5 Rev. 3/2022 WTRK31 FS ABAWD TRACKING

This inquiry screen(see Fig. 2) displays ABAWD participation, enrollment, and earnings information for an individual.

Fig. 2 WTRK31 FS ABAWD TRACKING SCREEN

Background Federal statute and regulations limit an ABAWD’s eligibility for Supplemental Nutrition Assistance Program (SNAP) benefits to 3 months in a 36-month period, unless the individual resides in an area that has a federally approved ABAWD waiver; the ABAWD is granted an exclusion from the ABAWD requirement for the calendar month consistent with the exclusion policy established by the district; or is meeting the ABAWD requirement each month.

Districts that do not have a federally approved ABAWD waiver for all residents of the district must verbally review the ABAWD requirements during the eligibility interview, monitor each ABAWD’s compliance with the ABAWD requirement on a monthly basis, offer and provide an ABAWD qualifying work activity to each ABAWD to maintain SNAP eligibility, and notify a SNAP household when an ABAWD becomes ineligible for SNAP benefits due to not meeting the ABAWD requirements. Districts are responsible for monitoring compliance with the ABAWD work requirements by monitoring countable tracked months in the ABAWD Tracking Screen (WTRK31) in WMS.

Access Selection P from WTRK00 EMPLOYMENT TRACKING INQUIRY MENU

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Appendix B- Page 6 Rev. 3/2022

Function Keys Supported

Key Description F6 TERMINAL INACTIVE/LOGOFF F15 (F15) returns WTRK00 – TIME LIMIT TRACKING and EMPLOYMENT INQUIRY MENU with original search data entered TRACKING F16 (F16) returns WTRK00 – TIME LIMIT TRACKING and EMPLOYMENT INQUIRY MENU with all entry fields blank TRACKING F17 WTRK43 - FS ABAWD OVERRIDE INPUT

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Appendix B- Page 7 Rev. 3/2022 Data Element Fields for Screen WTRK31

Screen Caption Data Element Name (size) Remarks CIN Client Identification Number (8) The CIN of the individual. SSN Social Security Number (9) The Social Security Number of the individual associated with the CIN. NAME Name (28) The name of the individual associated with the CIN. DOB Date of Birth (6) The Date of Birth of the individual associated with the CIN. (MM/DD/YY) CASE NAME Case Name (28) The case name of the case through which the screen was accessed. CASE NO. Case Number (10) The case number through which the screen was accessed. SUF Suffix (2) The case suffix number. Used for NYC cases. Upstate cases will display “01”. CT Case Type (4) The 4 character mnemonic indicating the case type. CS Case Status (2) The 2-character mnemonic indicating the case status. IS Individual Status (2) The 2-character mnemonic indicating the status of the individual. EMP Employability Code (2) The 2-character code for the current employability code as stored on WMS. 36 MON START 36 Month Starting Date (6) The beginning date of the current 36-month fixed period used to track ABAWD compliance in New York State. TOTAL MON N-P Total Months Non-Participating (2) The total number of months within the current 36-month fixed period when the ABAWD was receiving SNAP but not participating in an ABAWD qualifying work activity as required. MON NON-PART Months Non-Participating (4) The actual month and year that the client was considered to be non-participating. The last 6 months tracked as non- participating will be displayed. Further months may be viewed on the WTRK43 FS ABAWD OVERRIDE INPUT screen. REMOVED DUE TO ABAWD Removed Due to ABAWD (1) The one character code (X) indicating that the FS Individual Reason Code for the individual is F94 – ABAWD Ineligible.

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Appendix B- Page 8 Rev. 3/2022

Screen Caption Data Element Name (size) Remarks REESTABLISHED DATE Reestablished Date (6) The date on which the client’s SNAP eligibility was reestablished. This date is set when an individual who was previously identified as Removed Due to ABAWD becomes active for SNAP again and the months non-participating counter shows that the individual has accrued at least three tracked months during the current 36-month fixed period. ABAWD INDICATOR STATUS ABAWD Status Code (1) The current ABAWD status code assigned to the individual: A – ABAWD N – Non-ABAWD X - Excluded based on the district exclusion policy W -Waiver from the ABAWD work requirements granted to the district by OTDA CURRENT ENROLLMENTS (Upstate Only) ACTIVITY Employment Activity (8) The activity mnemonic indicating what employment activities an individual is currently enrolled in. The three most recent activities will be displayed from the current Welfare-to-Work Caseload Management System record. HOURS PER WEEK Hours Per Week (3) The hours per week associated with each activity from the current Welfare-to-Work Caseload Management System record. EFFECTIVE DATE Effective Date (6) The effective date associated with each activity from the current Welfare-to-Work Caseload Management System record. EARNINGS (Upstate Only) TYPE SNAP Earned Income Source (5) The individual’s source of earned income from the current SNAP budget. HOURS PER MONTH Hours Per Month (3) The hours per month associated with the earned income source from the current SNAP budget. EFFECTIVE DATE Effective Date From (6) – To (6) The FROM and TO dates of the earnings received by the individual. The Effective FROM Date of earnings will reflect the date on which earnings were first applied to the individual’s SNAP case. The Effective TO Date will reflect the current effective TO date of the SNAP budget stored with earnings. GROSS AMOUNT Gross Income (7) The gross amount of earned income for the individual from the current SNAP budget.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Appendix B- Page 9 Rev. 3/2022 WTRK32 PA INDIVIDUAL EMPLOYMENT TRACKING INQUIRY

This inquiry screen (see Fig 3) displays detailed employment tracking data for an individual. Access is also allowed to the WTRK43 – PA TRACKING OVERRIDE INPUT screen by transmitting in front of the 5 employment tracking elements listed on the screen.

Fig. 3 WTRK32 PA Individual Employment Tracking Inquiry Screen

Federal and state law require minimum participation rate requirements for recipients of each category of Temporary Assistance (TA). Timely and accurate data entry into the Welfare to Work Caseload Management System (CMS) is critical for participation rates to be accurately calculated for official reporting purposes. Conducting appropriate overrides in the WTRK43 – PA TRACKING OVERRIDE INPUT screen when errors occur is also necessary to maintain an accurate participation rate.

ASSESSMENT REQ’D END DATE

Districts are required to provide employment assessments within 90 days of the date on which eligibility is determined for households with dependent children and one year from the application date for households without dependent children. More specific employment assessment requirements are outlined in section 385.6 and 385.7. The WTRK42 – PA EMPLOYMENT OVERRIDE INPUT can be used to update the Assessed Date for Federal Requirements date field to ensure proper tracking and monitoring of assessments.

SANCTION MONTHS

TANF/SNA MOE All Families and SNA non-MOE participation rates require districts to correctly track and monitor the number of months an individual remains sanctioned to effectively calculate both participation rates. Adults sanctioned for no more than 3 months during the preceding 12- month period are excluded from the TANF/SNA MOE All Families participation rate, unless an

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Appendix B- Page 10 Rev. 3/2022 adult is participating in a countable manner. Adults referred for sanction, within the report month or prior three months, for not participating in activities, are included in the participation rate numerator for the SNA non-MOE participation rate. When sanction months track for an imposed sanction that must be removed due to a fair hearing decision or other reason, an override on WTRK43 – PA EMPLOYMENT OVERRIDE INPUT screen can be completed.

CHILD CARETAKER MONTHS EXEMPTED

True single parent families are those in which the parent or single caretaker relative is providing care for a child under one year of age (subject to a 12-month lifetime limit) and are being exempted by assigning an employability code of 31 (Parent or Caretaker Relative of a Child in the Household Under 12 Months of Age/Exempt). Instances of incorrect assignment of employability code 31 that resulted in tracked months can be corrected using the WTRK43 – PA EMPLOYMENT OVERRIDE INPUT screen.

JOB SEARCH/JOB READINESS WEEKS USED IN FFY

Participation in the following work activities: job search, job readiness training (JRT), substance abuse treatment, and treatment other than substance abuse count fully toward participation rates but are limited to a combined 6 weeks during a 12-month period, unless the State is currently designated as a “Needy State”, in which case the number of allowable weeks in the 12-month period is extended to 12 weeks. More specific information about the countability of these activities is available in section 385.8 and 385.9. The tracking logic is run weekly, with a daily process that causes the WRTS counter to increment if the activity is entered after the week has been completed, retroactively. The weekly process runs each Sunday. The daily process runs every day and picks up newly entered activity that is trackable for Job Search/JRT activities tracking for a previous week.

District staff must be mindful of the start date for schedules for job search and JRT (or the activities that are treated like JRT for TANF and SNA MOE cases including substance abuse treatment, physical health treatment, and rehabilitative services). The WRTS tracker for these activities is a weekly tracker. All weekly schedules will be picked up on tracking, even if the schedule is for a partial week or if the schedule is deleted later in the month as the initial weekly schedule has already caused the WRTS counter to increment. If the schedule has been entered in error or if the schedule needs to be deleted for any other reason, the worker must complete an override using the WTRK43– PA TRACKING OVERRIDE INPUT screen to delete any weeks of job search or JRT tracked in error.

VOCATIONAL EDUCATION MONTHS USED

All actual hours of vocational education are fully countable but are limited to only 12 months in an individual’s lifetime for both the TANF/SNA MOE All Families and SNA non-MOE participation rates. Once an individual has reached their 12-month lifetime limit participation in vocational

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Appendix B- Page 11 Rev. 3/2022 education, the activity only counts towards hours above the 20 hours participated in other core activities. The logic for the Vocational Education Months Used counter is run after the end of the month and will be generated if the criteria apply at any time during the month.

The individual must be active (WMS/ myWorkspace individual status code 07) in a TA case (case types 11, 12, 16, or 17 regardless of State/Federal Charge code) and must have been enrolled in Vocational Education at some point during the month. (The counter will only increment if the client was enrolled in Vocational Education while the individual was active in the case).

It is important to note that none of the counters is ever systematically decremented. To decrement a counter that was incremented in error, the worker must use the Override function via WRTS override screens (Screen 17 in WMS).

Access Selection Q from WTRK00 - EMPLOYMENT TRACKING INQUIRY MENU

System Response Transmitting from in front of each employment tracking element:

• ASSESSMENT REQ’D END DATE will return WTRK42 – PA EMPLOYMENT OVERRIDE INPUT screen

• SANC MONTHS will return WTRK43 – PA EMPLOYMENT OVERRIDE INPUT screen with the heading: SANCTIONED MONTHS COUNTED:

• CHILD CARETAKER MONTHS EXEMPTED will return WTRK43 – PA EMPLOYMENT OVERRIDE INPUT screen with the heading: EXEMPTED CARETAKER OF A CHILD UNDER 12 MONTHS – TOTAL MONTHS COUNTED:

• JOB SEARCH/JOB READINESS WEEKS USED IN FFY will return WTRK43 – PA EMPLOYMENT OVERRIDE INPUT screen with the heading: JOB SEARCH/ READINESS WEEKS USED DURING PRESENT FFY:

• VOCATIONAL EDUCATION MONTHS USED will return WTRK43 – PA EMPLOYMENT OVERRIDE INPUT screen with the heading: VOCATIONAL EDUCATION MONTHS COUNTED

Function Keys Supported

Key Description F6 TERMINAL INACTIVE/LOGOFF

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Appendix B- Page 12 Rev. 3/2022 Key Description F15 (F15) returns WTRK00 – TIME LIMIT TRACKING and EMPLOYMENT TRACKING INQUIRY MENU with original search data entered F16 (F16) returns WTRK00 – TIME LIMIT TRACKING and EMPLOYMENT TRACKING INQUIRY MENU with all entry fields blank

Data Element Fields for Screen WTRK32

Screen Caption Data Element Name (size) Remarks CIN Client Identification Number (8) The CIN of the individual. SSN Social Security Number (9) The Social Security Number of the individual. NAME Name (28) The name of the individual. DOB Date of Birth (6) The Date of Birth of the individual. CASE NAME Case Name (28) The case name of the case through which the screen was accessed. CASE NO. Case Number (10) The case number through which the screen was accessed. SUF Suffix (2) The case suffix number. Used for NYC cases, for Upstate cases “01” will be displayed. CT Case Type (4) The four-character mnemonic indicating the case type. CS Case Status (2) The two-character mnemonic indicating the case status of the case.

Screen Caption Data Element Name (size) Remarks IS Individual Status (2) The two-character mnemonic indicating the individual status of the individual. EMP Employability Code (2) The two-character employability code as stored on WMS.

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Appendix B- Page 13 Rev. 3/2022 Screen Caption Data Element Name (size) Remarks PAR Number of Parents (1) The number of parents in the household for federal reporting purposes. Code = Definition 0 = No parents in the household (child only case). 1 = One parent in the household (includes two parents cases in which a parent is incapacitated as determined by Employability code). 2 = Two parents in the household (both parents nonexempt). ST State 60 Month Count (2) The total number of months applied to the individual’s State 60 Month time limit, as reported on the PA Time Limit Tracking screens. SN Safety Net Count (2) The total number of months applied to the individual’s Safety Net time limit, as reported on the PA Time Limit Tracking screens. ASSESSMENT REQ’D END DATE Assessment Req’d End Date (6) This date is the date by which a TANF, Safety Net MOE Families (State/Federal Charge Code 60, 63 or 64) or SN non-MOE individual must be assessed for Welfare-to-Work programs. The date is reset each time an individual goes from an inactive to an active status excluding reactivations.

ASSESSMENT DATE Assessment Date (6) The date the client was actually assessed based on the Effective date of a completed assessment as entered in the Welfare-to-Work Caseload Management System. SANCTION MONTHS Sanction Months (2) The number of months that the TANF or Safety Net MOE Families (State/Federal Charge Code 60, 63 or 64) individual is in an employment sanction or sanction process during the last 12 months. 3 MONTH EXCLUSION APPLIED 3 Month Exclusion Applied (1) A code (Y) indicates that the TANF or SN MOE case (due to sanction status of the individual) is currently excludable from the Federal and State participation rate calculation. A code of (N) indicates that the case is not currently excludable since the case has been previously excluded for more than three months in the preceding 12 months based on an individual in the case being sanctioned or in the sanction process.

Screen Caption Data Element Name (size) Remarks CHILD CARETAKER MONTHS EXEMPTED Child Caretaker Months Exempted (2) The number of months that the TANF individual or Safety Net MOE Families individual (State/Federal Charge Code 60, 63 or 64) has been coded with an Employability Code (31) indicating that the individual is the exempted caretaker of a child under 12 months of age.

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Appendix B- Page 14 Rev. 3/2022 Screen Caption Data Element Name (size) Remarks JOB SEARCH /JOB READINESS WEEKS USED IN FFY Job Search / Job Readiness Weeks Used in FFY (2) The total number of weeks within a Federal Fiscal Year that a TANF or a Safety Net individual was enrolled in Job Search and / or Job Readiness activities or a TANF or SN MOE (State / Federal Charge code 60, 63 or 64) individual was enrolled in Substance Abuse Treatment and / or Treatment Plan Other Than Substance Abuse activities, as entered on the Welfare-to-Work Caseload Management System. COUNTABLE Countable Job Search / Job Readiness Weeks (1) A code of (Y) indicates that the TANF, SN MOE or Safety Net individual’s time in any of the activities (or combination) can be counted for the federal and state participation rate. VOCATIONAL EDUCATION MONTHS USED Vocational Education Months Used (2) The total number of months a TANF, SN MOE or Safety Net individual has been enrolled in vocational education activity during the individual’s lifetime as reported on the Welfare-to-Work Caseload Management System. This counter is never reset. COUNTABLE Voc Ed Months Countable (1) A code of (Y) indicates that an individual has been enrolled on the Welfare-to-Work Caseload Management System in vocational education and has not completed 12 months as a TANF, SN MOE or Safety Net case member while enrolled in that activity. After a total of 12 months during the individual’s lifetime have been reached, this indicator will change to “N”. CURRENT ENROLLMENTS ACTIVITY Employment Activity (8) The mnemonic for the Employment Activities in which an individual is currently enrolled from the current Welfare-to- Work Caseload Management System. HOURS PER WEEK Hours Per Week (3) The hours per week associated with each activity line from the current Welfare-to-Work Caseload Management System record. EFFECTIVE DATE Effective Date (6) The effective date associated with each activity line from the current Welfare-to-Work Caseload Management System record. EARNINGS TYPE Public Assistance Earned Income Source (5) The source of earned income for the individual from the current PA budget.

Screen Caption Data Element Name (size) Remarks HOURS PER MONTH Hours Per Month (3) The hours per month associated with the earned income from the current PA budget.

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Appendix B- Page 15 Rev. 3/2022 Screen Caption Data Element Name (size) Remarks EFFECTIVE DATE Effective Date From (6) – To (6) The FROM and TO dates of the earnings received by the individual. The Effective FROM Date will reflect the date on which earnings were first applied to the individual’s PA case. The Effective TO Date will reflect the current effective TO date of the PA budget stored with earnings. GROSS AMOUNT Gross Income (7) The gross earned income amount associated with this individual is displayed.

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Appendix B- Page 16 Rev. 3/2022 WTRK43 FS ABAWD OVERRIDE INPUT Data displayed on the WTRK43 screen (see Fig. 3) is based on case information maintained by districts, including ABAWD related tracking information reported by NYC Human Resources Administration. In addition to demographic information, such as the name of the individual and CIN, the WTRK43 screen displays the individual’s ABAWD counter that is a list of the calendar months during which the ABAWD did not meet the ABAWD requirements within the current 36- month fixed period and any additions/deletions made to the individual’s ABAWD tracking record.

The top part of the WTRK43 screen may contain up to ten lines representing months that have been added to or deleted from the ABAWD counter. Multiple pages can be accessed using the function keys listed at the bottom of the screen. The WTRK43 screen also displays the months for which an individual was reported as having an ABAWD exclusion based on the use of the ABAWD code “X” on screen 4 of Upstate WMS, on Individual Inquiry Screen NQIN2A-Client Information for NYC WMS, and on the Individuals Tab in myWorkspace (available to districts outside of NYC).

Fig 3. WTRK43 FS ABAWD Override Input Screen

Background Districts must process an override transaction when an adjustment needs to be made to an ABAWD’s tracking record. The following adjustments to data elements that are used as part of the ABAWD tracking process may be made through the ABAWD override process:

• Add or delete a calendar month from the ABAWD counter (Total Number of Months Non- Participating);

• Add or delete a calendar month associated with an ABAWD exclusion; • Add or delete an ABAWD re-establish date; and,

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Appendix B- Page 17 Rev. 3/2022 • Add or delete a calendar month associated with an ABAWD grace period.

Districts were previously instructed in 17-ADM-01 Requirements for Able Bodied Adults Without Dependents (ABAWDs) that overrides related to the use of ABAWD exclusions must be completed no later than 30 calendar days after the end of the calendar quarter. In order to give districts greater flexibility and report ABAWD exclusions applied throughout the federal fiscal year (FFY), the systems edit which required districts to delete or add a month associated with an ABAWD exclusion within 30 days after the end of the calendar quarter has been lifted. Districts may add a month for which an ABAWD exclusion should have been applied or delete a month for which an ABAWD exclusion was applied, at any time during the FFY. The Office of Temporary and Disability Assistance (OTDA) is responsible for accurately reporting the number of exclusions applied by districts each month to the United States Department of Agriculture (USDA) on a quarterly basis. For this reason, districts must maintain their current procedure to process exclusion transactions by the 30th of the month following the end of the quarter and overrides that are processed after the quarter ends, but still within the FFY should be kept to a minimum. For example, override transactions to add or delete an ABAWD exclusion for April, May, or June should still be completed before July 30th.

Access

ABAWD related override transactions are processed using the WTRK43 – FS ABAWD OVERRIDE INPUT screen (selection R) on the Employment Tracking Inquiry, accessed via the Time Limit Tracking Menu (Upstate WMS Menu Selection 17/NYC WMS Menu Selection 11). Only staff designated by the district should process ABAWD related override transactions. Districts must ensure that the reason for the override is clearly documented in the case record.

Override Transactions - Deletions

When it is determined that one of the calendar months on the ABAWD counter has been tracked in error, that month must be deleted. A month is deleted with a deletion override transaction.

To complete a deletion override transaction via the WTRK43 screen, the worker should select the appropriate reason code from the table below and enter it in the RSN field to the left of the month to be deleted. When the RSN field is blank, it is the only field that can be populated for any record displayed in the top part of the WTRK43 screen.

The allowable entries for the RSN field are listed in the table below:

Reason Code (RSN) Description I Incorrect Coding O Overridden in Error X Exclusion J Jurisdictional/District Waiver F Fair Hearing G Grace Period D District Good Cause V COVID-19 Mass Override

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The following information provides guidance on the use of a specific reason code when completing a deletion override transaction:

• I – Incorrect Coding would be used when the SNAP employability code and/or ABAWD status code on Screen 4 in WMS was incorrect, or the absence of income/hours in the Automated Eligibility Budgeting Logic (ABEL) or Welfare-to-Work Caseload Management System (WTWCMS) results in the generation of an AB, AX, AR or AG record. For example, an individual assigned an ABAWD status code of “A” with two tracked months with an AB record provides verification they are six months pregnant. The documentation covers the months tracked with an AB record. The district must use an “I” to remove the AB record for each month so that the months track correctly as months the individual was exempt from the ABAWD requirements.

• O – Overridden in Error would be used when a worker manually enters an AB, AX, AR or AG record on the WTRK43 screen and subsequently discovers that the override action was incorrect. For example, if a worker competed an override to add an exclusion to the WTRK43 screen and then subsequently realizes that the action was incorrect and needs to remove the AX record from the tracker, the worker would use the “O” to remove the AX record and then process a separate override transaction to add an AB record so that the month tracks correctly as a countable month.

• X – Exclusion would be used when the district determines that the ABAWD met one of the district’s exclusion policy criteria, but the district failed to apply the exclusion before the month was tracked.

• J – Jurisdictional Waiver would be used when the district determines that the ABAWD resides in a municipality of the state with an approved jurisdictional waiver or moved from a non-waived county to a waived county and the month tracked in error.

• F – Fair Hearing would be used when an ABAWD’s claimed issue is upheld in a Fair Hearing. The district must override months that are included in the Fair Hearing decision and during the Fair Hearing process.

• G – Grace Period would be used when an ABAWD reestablish date was not system generated and the AG record must be manually entered.

• D – District Good Cause would be used to override an ABAWD non-participating tracked month when the district determines that the ABAWD had a good cause reason that prevented them from working or participating in an ABAWD qualifying work activity for at least 80 hours in the month. Good cause is an event or circumstance beyond an individual’s control that prevents an ABAWD from meeting the ABAWD requirement during the month. Good cause examples may include, but are not limited to, a temporary illness or a household emergency. Documentation to support the district’s good cause determination must be maintained in the case record.

• V – COVID-19 Mass Override was used by OTDA to conduct state-level overrides of individual records for all ABAWDs with an AB record (ABAWD months non-participating) for March 2020, (in accordance with the guidance provided in GIS 20 TA/DC016 instructing districts to grant good cause for individuals who fail to meet the ABAWD requirements in

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Appendix B- Page 19 Rev. 3/2022 March 2020). Additionally, this code was used by OTDA to conduct state-level overrides during the time period of the temporary suspension of the ABAWD time limit due to the COVID-19 crisis, (beginning with the month of April 2020 and until the month following the end of the emergency declaration), as described in GIS 20 TA/DC021. Two additional override reason codes exist, W (wrong individual) and C (conversion error), however, use of these reason codes is not appropriate at this time.

The following screenshots and descriptions provide examples of how deletion override transactions should be completed. Deletion of a Tracked Month to be Reported as ABAWD Excluded

The steps for deleting an ABAWD tracked month that should be reported as ABAWD excluded are as follows:

1. Enter the code “X” in the RSN field of the tracked month that should be reported as excluded (see Fig. 4)

Fig. 4 WTRK43 screen before the deletion of a tracked month to be reported as ABAWD excluded

2. Tab to the XMT field and press Enter to transmit (see Fig. 5).

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Appendix B- Page 20 Rev. 3/2022 Fig. 5 WTRK43 screen after the deletion of a tracked month to be reported as ABAWD excluded

The successful deletion of a tracked month that should be reported as ABAWD excluded will result in all of the following:

• The entry in the RSN field of the deleted tracked month will change to “D” (deleted).

• The OVR RSN field of the deleted record will display the code originally entered in the RSN field.

• A line 24 message “Update complete” will appear at the bottom of the screen.

• The number of months non-participating in the current 36-month period will change, if applicable, to reflect the updated record (after the month is deleted).

• A new AX record will be generated indicating the proper designation of the deleted tracked month as excluded. Deletion of an ABAWD Reestablish Date

The steps for deletion of an ABAWD reestablish date are as follows:

1. Enter the code “O” (Overridden in Error) in the RSN field of the AR record to be deleted (see Fig. 6).

Fig. 6 WTRK43 screen before the deletion of an ABAWD reestablish date

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2. Tab to the XMT field and press Enter to transmit (see Fig. 7).

Fig. 7 WTRK43 screen after the deletion of an ABAWD reestablish date

The successful deletion of the ABAWD reestablish date will result in all of the following:

• The entry in the RSN field of the AR record will change to “D” (deleted).

• The OVR RSN field will display the original code entered in the RSN field.

• A line 24 message “Update complete” will appear at the bottom of the screen.

• The ABAWD REESTAB DT field will become blank. Override Transactions - Additions

If a tracked month was deleted in error and it must be re-applied to the ABAWD counter, the transaction should be completed via the entry line located at the bottom of the WTRK43 screen. If the transaction is successful, an additional record will be displayed above the

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Appendix B- Page 22 Rev. 3/2022 original record for the month in the top part of the WTRK43 screen.

Months can be added to the ABAWD history via the entry line located at the bottom of the WTRK43 screen in the following instances:

• Add a calendar month to the ABAWD counter;

• Add a calendar month to report the use of an ABAWD exclusion for a prior month;

• Add an ABAWD reestablish date; and

• Add a Grace Jurisdictional/District Waiver Period.

Reason Code (RSN) Description I Incorrect Coding O Overridden in Error S Out of State J Jurisdictional/District Waiver

• an error in coding on Screen 4 in WMS or the presence of income/hours in ABEL or WTWCMS prevents the system from generating an AB, AX, AR or AG record.

• O – Overridden in Error would be used when adding an AB record after a worker generated an AX or AG record in error.

• S – Out of State would be used when an ABAWD received tracked months in another state during the current New York State 36-month period, and the district must add an AB record for those months.

• J – Jurisdictional/District Waiver would be used when an AB record must be added because it was determined that the individual did not reside in a municipality of the state with an approved jurisdictional waiver.

Two additional override reason codes exist, W (wrong individual) and C (conversion error). However, use of these reason codes is not appropriate at this time.

Only one override transaction to add a month to the ABAWD counter may be processed at a time. The reason for the adjustment must be clearly documented in the case record. To complete an override transaction to add a month to the counter, a designated staff member must complete the following fields in the entry line located at the bottom of the WTRK43 screen:

• RSN as described in the table above

• DIST (District)

• CASE NO (Case Number)

• SUFF (only required for NYC cases)

I – Incorrect Coding would be used if adding an AB, AX, AR, or AG record when

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• MM/YY (Month/Year for calendar month being added)

• EMP CNT (Employment Counter Code)

When completing an ABAWD override transaction via the entry line located at the bottom of the WTRK43 screen, the only allowable entry for the EMP CNT field is AB.

Addition of a Trackable Month to the ABAWD Counter

The steps to add a trackable month to the ABAWD counter are as follows:

1. Enter required information in the entry line located at the bottom of the WTRK43 screen. Enter the code “AB” in the EMP CNT field (see Fig. 8).

Fig. 8 WTRK43 screen displaying the data entry process for addition of a trackable month

2. Tab to the XMT field and press Enter to transmit.

Upon the successful completion of the override transaction, the added trackable month is displayed chronologically, the TOTAL NUMBER OF MONTHS NON-PARTICIPATING IN PRESENT 36 MONTH PERIOD field is incremented by 1, and a line 24 message “Update complete” is displayed at the bottom of the WTRK43 screen (see Fig. 9). The ABAWD counter on the WTRK31 screen and the ABAWD tracking screen in WTWCMS are also updated. Fig. 9 WTRK43 screen after the addition of a trackable month

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Addition of an ABAWD Exclusion

If the worker needs to process an addition override transaction to report the use of an ABAWD exclusion for a calendar month, the worker should first review the record to determine if there is an active AB (countable month during which the individual was not compliant with the ABAWD requirement) or AG (month counted toward the ABAWD grace period) record for that calendar month. If an active AB or AG record for that calendar month does not exist on the WTRK43 screen (see Fig.10), the worker should create an AB record.

Fig. 10. WTRK43 screen before the addition of a month to be reported as ABAWD excluded

The worker should add an ABAWD countable month via the entry line located at the bottom of the WTRK43 screen (see Fig. 11).

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Appendix B- Page 25 Rev. 3/2022 Fig. 11 WTRK43 screen showing data entry of a countable month as a step in the process of adding a month to be reported as ABAWD excluded

After entering the information in the entry line located at the bottom of the WTRK43 screen the worker should press Enter to transmit. A new AB record will be generated (see Fig. 12).

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Appendix B- Page 26 Rev. 3/2022 Fig. 12 WTRK43 screen after the data entry of a countable month as a step in the process of adding a month to be reported as ABAWD excluded

After creating the active countable AB record for the calendar month, the worker should enter the reason code “X” in the RSN field of the record for the added month (see Fig. 13), tab to the XMT field and press Enter to transmit.

Note: The worker does not have to add a countable AB record for the month to be reported as ABAWD excluded if the AB record for that month already appears on the WTRK43 screen.

Fig. 13 WTRK43 screen displaying the conversion of the countable AB record to an AX record to designate the month as ABAWD excluded

The AX record for the month to be reported as excluded will be generated automatically because the worker is overriding an active countable AB record with the reason code “X”. The code “D” (deleted) will populate the RSN field of the overridden AB record (see Fig. 14).

Fig. 14 WTRK43 screen displaying the final phase of the addition of a month to be reported as ABAWD excluded

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Note: The worker must process a separate override transaction for each calendar month that was reported as a countable month but should not have been tracked because the individual was granted an ABAWD exclusion.

Addition of an ABAWD Reestablish Date

The use of an ABAWD reestablish date will help districts identify when an ABAWD, who was previously determined ineligible for SNAP benefits due to noncompliance with the ABAWD requirement, has reestablished eligibility by meeting the ABAWD requirement through one of the methods described below (for additional information, see 18 NYCRR 385.3):

• Applicant prospective compliance in the 30 calendar days following the date of application;

• Recipient prospective compliance within 30 consecutive days;

• Participation in ABAWD qualifying activities for 80 hours within any consecutive 30- day period since losing SNAP eligibility; or,

• 30 days of job search (minimum of 12 hours, but additional hours may be required based on district policy) which must be followed by a work experience assignment unless the individual finds adequate employment during the job search period.

If an ABAWD who reestablishes eligibility for SNAP using any one of the methods listed above subsequently stops meeting the ABAWD requirement, the ABAWD becomes eligible for an additional consecutive 3-month period of SNAP benefits without meeting the ABAWD requirement. This is referred to as the grace period.

Note: The ABAWD reestablish date is only used to identify when an ABAWD who was previously determined ineligible for SNAP benefits due to noncompliance with the ABAWD requirement has reestablished eligibility by meeting the ABAWD requirement through one of the methods identified above. The reestablish date should NOT be used when an individual reestablishes SNAP eligibility because they have become exempt from the ABAWD requirement, documents that they reside in an area with an approved ABAWD waiver or is granted an ABAWD exclusion by the district.

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Information about the reestablish date is available on the WTRK31 screen, which is accessed through the Employment Tracking Inquiry, Selection P – FS ABAWD Tracking (via the Time Limit Tracking Menu, Upstate WMS Menu Selection 17, NYC WMS Menu Selection 11). An “X” will be displayed next to the Removed Due to ABAWD field on the WTRK31 screen when a district has previously processed a transaction including the SNAP reason code F94 (ABAWD Ineligible) on Screen 3 of WMS [or through the Paperless Office System (POS) or Paperless Alternate Module (PAM) for NYC] (see Fig. 15).

Fig. 15 WTRK31 screen displaying an “X” in the Removed Due to ABAWD field

System Generated ABAWD Reestablish Date

The ABAWD tracking logic generates a reestablish date when a SNAP reason code F94 (ABAWD ineligible) is present on an individual’s Welfare Reporting and Tracking System (WRTS) record, the Removed Due to ABAWD field on the WTRK31 screen displays an “X”, and the ABAWD tracking process determines that the ABAWD has met the ABAWD requirement for a calendar month. The system generated reestablish date is displayed on the WTRK31 and WTRK43 screens. In addition, a record with the Employment Counter Code “AR” is generated on the WTRK43 screen.

Example

An ABAWD whose SNAP case was closed as of 05/31/19 with a SNAP reason code F94 (ABAWD ineligible) begins volunteering 22 hours per week effective 07/22/19. The individual applies for SNAP benefits on 08/01/19 and provides documentation that they will volunteer at least 80 hours within 30 consecutive days from the date of application, (applicant prospective compliance). The district concludes that the individual has re-established ABAWD eligibility and, if otherwise eligible, may receive SNAP benefits beginning from the date of application, (08/01/19). When processing the case opening, the worker enters a confirmed enrollment in community service with a schedule of 22 hours per week in WTWCMS. The ABAWD tracking logic determines that the ABAWD has met the ABAWD requirement for the month of August based on the hours of volunteering entered in WTWCMS, and the system generates a reestablish date of 08/01/19 which is displayed on the WTRK31 and WTRK43 screens (see Fig. 16 and Fig. 17).

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Appendix B- Page 29 Rev. 3/2022 Fig. 16 WTRK31 screen after a reestablish date is generated by the system

Note: Please note that when the individual reestablishes SNAP eligibility, and the Reestablish date is generated by the system, the Removed Due to ABAWD field on the WTRK31 screen becomes blank.

Fig. 17 WTRK43 screen after a reestablish date is generated by the system

As a reminder, the hours of paid employment must be documented and entered on the SNAP budget/WTWCMS, and the actual hours of participation in unpaid ABAWD qualifying work activities (and any hours of excused absence) must be documented and entered on the WTWCMS by the 15th of the month following the report month for the ABAWD tracking logic to consider the client’s participation when evaluating if an ABAWD has met the ABAWD requirement during the report month. NYC HRA reports data regarding individuals in noncompliance with the ABAWD requirement separately.

Manual Addition of an ABAWD Reestablish Date

Districts should manually enter an ABAWD reestablish date when it is not system generated, provided that the ABAWD reestablished SNAP eligibility by meeting the ABAWD requirement through one of the methods described previously. Districts will be required to enter an ABAWD reestablish date manually in the following situations:

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Appendix B- Page 30 Rev. 3/2022

• An ABAWD has previously received SNAP benefits for 3 months in a 36-month fixed period without meeting the ABAWD requirement, but a SNAP individual reason code F94 (ABAWD ineligible) was not entered on WMS because the individual or SNAP household was determined ineligible for SNAP benefits for a different reason before the code F94 individual reason code could be entered. If the individual reestablishes SNAP eligibility under these circumstances the district must enter the reestablish date manually. The ABAWD tracking logic will not generate a reestablish date because the individual’s WRTS record does not contain a SNAP individual reason code F94. For example, an ABAWD’s SNAP case is closed due to failure to recertify at the end of May. The district subsequently determines that the ABAWD has received SNAP benefits for 3 months and during those months they were subject to but did not meet the ABAWD work requirement. The SNAP individual reason code F94 was not entered on WMS because the SNAP case was already closed for failure to recertify. The client reapplies July 1 and re-establishes eligibility by participating in a qualifying activity for at least 80 hours within any consecutive 30-day period. The district will need to manually enter the ABAWD reestablish date of July 1 on the WTRK43 screen (see Fig. 18 and Fig. 19) if the ABAWD re-applies for SNAP benefits and documents that they have met or will meet the ABAWD requirement through one of the methods described above.

• An ABAWD meets the ABAWD requirement through applicant prospective compliance, but the case record for the month is not picked up by the ABAWD selection and/or ABAWD tracking logic. For example, the record may not be picked up by the ABAWD selection and/or ABAWD tracking logic if the individual meets the ABAWD requirement as an applicant by participating in job search during a consecutive 30-day period followed by a work experience assignment or when the SNAP benefits following application and compliance with the ABAWD requirement are issued for a full month, but after the SNAP payment file for the calendar month was created.

• An ABAWD meets the ABAWD requirement through participation in ABAWD qualifying activities for 80 hours within any consecutive 30-day period since losing SNAP eligibility or through recipient prospective compliance when an ABAWD documents that they will meet the ABAWD requirement within a consecutive 30-day period but their 80 hours of participation in ABAWD qualifying activities are not completed in a single calendar month. For example, an individual’s SNAP benefits are discontinued for noncompliance with the ABAWD requirement at the beginning of May 2019. The individual subsequently reapplies and provides proof they will meet the 80-hour requirement within a consecutive 30-day period spanning May and June. The ABAWD tracking logic will not generate a reestablish date because the 80 hours were not completed within a single calendar month. Under these circumstances a manual reestablish date of July 1, 2019 should be entered in the ABAWD REESTAB DT field on the WTRK43 screen because the individual reestablished eligibility by meeting the ABAWD requirement during July.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Appendix B- Page 31 Rev. 3/2022

Fig. 18 WTRK43 screen with a blank ABAWD REESTAB DT field

When the worker enters the date and presses Enter to transmit, the reestablish date will be displayed in the ABAWD REESTAB DT (mmddyyyy) field, and an AR record will appear in the TOTAL NUMBER OF MONTHS NON-PARTICIPATING IN PRESENT 36 MONTH PERIOD field (see Fig. 19).

Fig. 19 WTRK43 screen after the ABAWD reestablish date was entered manually

Note: The entry of an ABAWD reestablish date will create a record with an employment counter code of AR on the WTRK43 screen but will not trigger the use of the ABAWD grace period. The ABAWD grace period will start in the first month that the ABAWD is subject to but does not meet the ABAWD requirement after reestablishing SNAP eligibility by meeting the ABAWD requirement through one of the methods described previously.

The Removed Due to ABAWD field on the WTRK31 screen will become blank when the individual reestablishes SNAP eligibility, and the reestablish date will be displayed on the WTRK31 and WTRK43 screens.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Appendix B- Page 32 Rev. 3/2022 Addition of an ABAWD Grace Period

To add a month as a part of an ABAWD grace period, the worker will first have to determine if there is an ABAWD reestablish date on the WTRK43 screen. If the ABAWD Reestablish Date field is blank, the worker will be unable to add a grace period until an ABAWD reestablish date has been added to the WTRK43 screen (for additional information, see the section Manual Addition of an ABAWD Reestablish Date). If an ABAWD reestablish date is present, the worker will need to determine if there is an active countable AB record for the calendar month that should be overridden. For example, if the worker needs to modify the record for October 2019 to report the month as a grace period month, an AB record must be present for that month before the override transaction can be completed (see Fig. 20).

Fig. 20 WTRK43 screen before the addition of a grace period month

If there is no active countable AB record on the WTRK43 screen for that month the worker must add a countable AB record for the month using the entry line located at the bottom of the WTRK43 screen (for additional information, see the section Addition of a Trackable Month to the ABAWD Counter). After creating a countable AB record for the month to be reported as a grace period month, the worker should enter the code ‘G’ in the RSN field of that record and press Enter to transmit. This will convert the countable AB record to an AG record and designate the month as a grace period month. For example, if the worker needs to override the AB record associated with October 2019 and replace it with an AG record to designate October as a grace period month, the code ‘G’ should be entered in the RSN field associated with the 10/19 AB record (see Fig. 21).

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Appendix B- Page 33 Rev. 3/2022 Fig. 21 WTRK43 screen displaying the conversion of the countable AB record to an AG record to report the month as a grace period month

After the worker transmits, the AG record will be generated automatically (see Fig. 22). The code “D” (deleted) will populate the RSN field of the overridden AB record, a new AG record will appear, and a line 24 message “Update complete” will be displayed at the bottom of the screen.

Fig. 22 WTRK43 screen displaying the final phase of the addition of a month to be reported as a grace period month

Note: If the worker is adding a grace period of fewer than three months an informational message stating “Incorrect number of grace period months entered” will be displayed at the bottom of the screen. This message is a reminder that the grace period must be 3 consecutive months, and the information entered in the system will be processed despite the message.There is also a business rule associated with this screen that will prevent the entry of 3 non-consecutive grace period months.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Appendix B- Page 34 Rev. 3/2022 Function Keys Supported

Key Description F1 Return Page 1 F2 Page Forward F3 Page Backward F6 TERMINAL INACTIVE F15 (F15) returns WTRK00 – TIME LIMIT TRACKING and EMPLOYMENT TRACKING INQUIRY MENU with original search data entered F16 (F16) returns WTRK00 – TIME LIMIT TRACKING and EMPLOYMENT TRACKING INQUIRY MENU with all entry fields blank F17 WTRK31 – FS ABAWD Tracking

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Appendix B- Page 35 Rev. 3/2022 Data Element Fields for Screen WTRK43

Screen Caption Data Element Name (size) Remarks CIN Client Identification Number (8) The individual’s Client Identification Number NAME Name (28) The name of the individual associated with the CIN RSN Reason Code (1) The reason code for the completion of the override transaction. DIST Transaction District (4) The first 4 letters of the local district name. New York City is coded “NYC”. This is an enterable field on the data entry line. CASE NO. Case Number (10) The case number of the active case in which the individual was a member at the time the line was generated. This is an enterable field on the data entry line. SUF Suffix ID (2) The case suffix number. Used for NYC cases, for Upstate cases “01” will be displayed. This is an enterable field on the data entry line. MM/YY Month / Year (4) The calendar month (month/year) described in the specific line of the ABAWD’s tracking record. This is an enterable field on the data entry line. EMP CNT Employment Counter Code (2) The code used to designate a calendar month as one of the following: • (AB) a month reported as ABAWD requirement not met; • (AX) a month reported as ABAWD excluded; • (AG) a month reported as part of the three-month grace period. An employment counter code AR indicates that the individual reestablished SNAP eligibility by meeting the ABAWD requirement during that month. CHANGE DATE Date (8) The date the change was entered on the Employment Tracking System (System generated). USER ID User Identification Number (6) The user ID of the individual who has signed on when the override transaction was completed. (System Generated) OVR RSN Override Reason (1) The override reason code, based on the reason code entered for this line. (System Generated)

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Appendix B- Page 36 Rev. 3/2022 WTRK42 PA EMPLOYMENT OVERRIDE ENTRY

This data entry screen (see Fig. 23) allows changes to be made to the Welfare-to-Work Assessment Date, and access to the history of any of the four employment tracking categories for override or review.

Fig. 23 WTRK42 PA Employment Override Entry Screen

Background Districts are required to provide employment assessments within 90 days of the date on which eligibility is determined for households with children and one year of the application date for households without children. (More specific employment assessment requirements are outlined in section 385.6 and 385.7.) The WTRK42 – PA EMPLOYMENT OVERRIDE ENTRY screen can be used to update the Assessed Date for Federal Requirements date field to ensure proper tracking and monitoring of assessments.

Access

• Selection S from WTRK00 - TIME LIMIT TRACKING/EMPLOYMENT TRACKING INQUIRY MENU; or,

• Selection of ASSESSMENT REQ’D END DATE on WTRK32 – PA INDIVIDUAL EMPLOYMENT TRACKING INQUIRY.

Data Entry Allowed on Screen WTRK42 The field labeled CHANGE TO: is a data entry field. Entering a valid date in this field will update the Welfare-to-Work Assessment Date. The field labeled OVERRIDE CODE: allows the entry of one of the four employment activity codes listed. The entry of these codes will return:

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Appendix B- Page 37 Rev. 3/2022

Override Code Returns EC - Exempted Caretaker WTRK43 – PA EMPLOYMENT OVERRIDE INPUT screen with the heading: EXEMPTED CARETAKER OF CHILD UNDER 12 MONTHS - TOTAL MONTHS COUNTED: MS – Months Sanctioned WTRK43 – PA EMPLOYMENT OVERRIDE INPUT screen with the heading: SANCTIONED MONTHS COUNTED: JB – Job Search / Job Readiness WTRK43 – PA EMPLOYMENT OVERRIDE INPUT screen with the heading: JOB SEARCH/READINESS WEEKS USED DURING PRESENT FFY: VE – Vocational Education WTRK43 – PA EMPLOYMENT OVERRIDE INPUT screen with the heading: VOCATIONAL EDUCATION MONTHS COUNTED:

Function Keys Supported

Key Description F6 TERMINAL INACTIVE F15 (F15) returns WTRK00 – TIME LIMIT TRACKING and EMPLOYMENT TRACKING INQUIRY MENU with original search data entered F16 (F16) returns WTRK00 – TIME LIMIT TRACKING and EMPLOYMENT TRACKING INQUIRY MENU with all entry fields blank F17 WTRK32 – PA EMPLOYMENT TRACKING INQUIRY F18 WTRK31 – FS ABAWD TRACKING

Data Element Fields for Screen WTRK42

Screen Caption Data Element Name (size) Remarks CIN Client Identification Number (8) The Client Identification Number of the individual. NAME Name (28) The name of the individual associated with the CIN. ASSESSMENT DATE Assessment Date (6) The current Welfare-to-Work Assessment Date as generated by the entry of a complete assessment on the Welfare-to-Work Caseload Management System. CHANGE TO None (8) A data entry field. An entry in this field will update the Welfare-to-Work Assessment Date. OVERRIDE CODE Override Code (2) A data entry field. Use of one of the codes listed will allow access to the WTRK43 – PA EMPLOYMENT OVERRIDE INPUT screen displaying data specific to the selected activity.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

WTRK43 PA EMPLOYMENT OVERRIDE INPUT

This screen displays a history of tracking information of TA Employment Programs for an individual (see Fig. 24). Up to ten lines in descending order will be displayed on a screen. Multiple screens are available by use of the special function keys listed on the bottom of the screen. Tracking data may be deleted on this screen. A data entry line is displayed along the bottom of the screen allowing the entry of additional months of non-participation or the correction of existing months.

Fig. 24 WTRK43 PA Employment Override Input Screen

Access Transmitting from in front of one of the Employment Elements on the WTRK32 – PA INDIVIDUAL EMPLOYMENT TRACKING INQUIRY screen or by entering an override code on the PA EMPLOYMENT OVERRIDE ENTRY screen, WTRK42. NOTE: One of the following line 8 headings will be displayed based on the Override selection made on WTRK32 or WTRK42:

Override Code Headings EC EXEMPTED CARETAKER OF CHILD UNDER 12 MONTHS COUNTED: - TOTAL MONTHS MS SANCTIONED MONTHS COUNTED: JB JOB SEARCH/READINESS WEEKS USED DURING PRESENT FFY: Note: The labeled MMYY will be displayed as MMDDYY for the JB heading. column

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Override Code Headings VE VOCATIONAL EDUCATION MONTHS COUNTED:

Data Entry Allowed on Screen WTRK43

Deletion of a Month or Week

This screen can contain up to ten lines that represent months that have been applied to or deleted from the PA employment tracking count. Multiple screens may exist. When blank, the column labeled RSN (Override Reason Code) is the only field that can be overridden for any line displayed.

Data Element Fields for Screen WTRK43

Screen Caption Data Element Name (size) Remarks CIN Client Identification Number (8) The individual’sCIN. NAME Name (28) The name of the individual associated with the CIN. RSN Override Reason Code (1) The override reason code. DIST Transaction District (4) The first 4 letters of the local district in which the client was active at the time the counter was incremented. This field is enterable on the data entry line. New York City is coded “NYC”. CASE NO. Case Number (10) The case number of the active case in which the individual was a member at the time the line was generated. This is an enterable field on the data entry line. SUF Suffix ID (2) The case suffix number. Used for NYC cases, for Upstate cases “01” will be displayed. This is an enterable field on the data entry line. CIN Client Identification Number (8) The CIN of the individual for either Upstate or NYC WMS at the time the counter was incremented. MM/YY or (MMDDYY) Month / Year (4) or Month / Date / Year (6) The month and year or month, day and year for which a monthly or weekly counter was incremented. If month/day/year is displayed, it will reflect the last day of the week of the enrollment. This field will be displayed as MM/DD/YY for the Job Search/Readiness employment selection. This field is enterable on the data entry line.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Screen Caption Data Element (size) Name Remarks WK CNT Week Counted Indicator (1) A code of “Y” indicates that the TANF or Safety Net individual’s time in a Job Search and / or Job Readiness activity or a TANF or Safety Moe (State / Federal Charge code 60, 63 or 64) individual’s time in a Substance Abuse Treatment and / or Treatment Plan Other Than Substance Abuse activity can be counted, for a corresponding week, for the federal and state participation rate. A code of “N” indicates that a corresponding week cannot be counted. CHANGE DATE Date (8) The date the change was entered. (System generated). USER ID User Identification Number (6) The user ID of the individual who has signed on when the override transaction was completed. (System Generated) OVR RSN Override Reason (1) The override reason code, based on the reason entered for this line. (System Generated) code

Error Messages

Message Cause / Remedy CASE NO. REQUIRED Case Number is a required entry. The case number entered was not found on the tracking CASE NOT FOUND database. CASE TYPE INAPPROPRIATE FOR PA The case type is not associated with PA employment tracking. EMPLOYMENT TRACKING The CIN entered is involved in more than one case. A case CIN HAS MULTIPLE CASE INVOLVEMENT number must be entered. On the tracking data base the CIN entered is not associated with CIN ISN’T A MEMBER OF THIS CASE the case number entered. CIN NOT FOUND The CIN entered was not found on the tracking database. The CIN entered was not found on the tracking database with CIN NOT ON THIS CASE the case number entered. CIN NOT RECEIVING FS ON THIS CASE The CIN entered is receiving SNAP on another case. COUNTABLE WEEK/MONTH ALREADY When adding a countable week/month, the same week/month EXISTS already exists. CURRENT OR FUTURE DATE NOT The date entered must be prior to the current month and not in ALLOWED the future. For this transaction, a date earlier than December 1996 is not DATE EARLIER THAN 12/96 NOT ALLOWED allowed. DATE EARLIER THAN 07/97 NOT ALLOWED For this transaction, a date earlier than July 1997 is not allowed. DATE REQUIRED Date field is a required entry. The District Name and Case Number when required must be DISTRICT/CASE/SUFFIX NOT FOUND valid. A valid Suffix is required for NYC cases.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Message Cause / Remedy ENTRY MUST BE BLANK – TRANSMIT ENTER On the WTRK32 PA INDIVIDUAL EMPLOYMENT INQUIRY screen, the Transmit position (in front of Employment Activity) must be blank. TRACKING each INVALID CHANGE DATE ENTERED If an Assessment Change date was date and not prior to 12/96. entered, it must be a valid INVALID DATE The date entered is not a valid date. INVALID DISTRICT If entered, district must be the first 4 letters of a valid district name. For New York City cases district should be “NYC”. INVALID SUFFIX For Upstate cases, Suffix must be “01” or blank. INVALID OVERRIDE CODE ENTERED If entered the override code must be EC or AB. MS or JB or VE or NOTHING TO PROCESS During the override data entry, an add or a delete must be done. OVERRIDE REASON INVALID The override reason code entered when completion a deletion or addition override transaction must be a valid reason code. Valid reason codes for deletion and addition override transactions are listed in the corresponding sections under the heading WTRK43 FS ABAWD OVERRIDE INPUT. REASON REQUIRED Reason Code is a required entry. SUFFIX IS INVALID Suffix must not be greater than 09. SUFFIX MUST BE NUMERIC When entered, Suffix must be numeric.

Screen Caption Data Element Name (size) Remarks TOTAL MON N-P TOTAL MONTHS PARTICIPATING NON- (2) The total number of months within the current 36-month fixed period when the ABAWD was receiving SNAP but not participating in an ABAWD qualifying work activity as required. TYPE PA or SNAP EARNED INCOME SOURCE (5) The PA or Food Stamp Earned Income Source current PA or SNAP budget. from the VOCATIONAL EDUCATION MONTHS USED VOCATIONAL EDUCATION MONTHS USED (2) The total number of months a TANF, SN MOE or Safety net individual has been enrolled in vocational education activity during the individual’s lifetime as reported on the Welfare-to- Work Caseload Management System. This counter is never reset. WK CNT WEEK COUNTED INDICATOR (1) A code of “Y” indicates that the TANF or Safety Net individual’s time in a Job Search and / or Job Readiness activity or a TANF or Safety Moe (State / Federal Charge code 60, 63 or 64) individual’s time in a Substance Abuse Treatment and / or Treatment Plan Other Than Substance Abuse activity can be counted, for a corresponding week, for the federal and state participation rate. A code of “N” indicates that a corresponding week cannot be counted.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Appendix C – Page 1 Rev. 3/2022

Appendix C - Client Notices and Instructions

Table of Contents Appendix C - Client Notices and Instructions ............................................................................. 1 LDSS-4004A NOTICE OF INTENT TO CHANGE BENEFITS – PART A PUBLIC ASSISTANCE GRANT AND/OR SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) BENEFITS FOR NONCOMPLIANCE WITH WORK RELATED (TIMELY AND ADEQUATE) AND NOTICE OF EFFECT ON MEDICAID BENEFITS .................................... 2 LDSS-4004B NOTICE OF INTENT TO CHANGE BENEFITS – PART B PUBLIC ASSISTANCE GRANT AND/OR SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) BENEFITS FOR NONCOMPLIANCE WITH WORK RELATED (TIMELY AND ADEQUATE) AND NOTICE OF EFFECT ON MEDICAID BENEFITS .................................... 4 LDSS-4004A-NYC NOTICE OF INTENT TO CHANGE BENEFITS – PART A, PUBLIC ASSISTANCE GRANT AND/OR SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) BENEFITS FOR NONCOMPLIANCE WITH WORK RELATED (TIMELY AND ADEQUATE) AND NOTICE OF EFFECT ON MEDICAID BENEFITS .................................... 6 LDSS-4005 NOTIFICATION OF TEMPORARY ASSISTANCE WORK REQUIREMENTS DETERMINATION (EXEMPT) ................................................................................................ 8 LDSS-4005(a) NOTIFICATION OF TEMPORARY ASSISTANCE WORK REQUIREMENTS DETERMINATION (NON-EXEMPT) ......................................................................................10 LDSS-5193 IMPORTANT INFORMATION ABOUT SNAP WORK RULES (GENERAL, MANDATORY E&T, AND ABAWD) .......................................................................................12 LDSS-5193A IMPORTANT INFORMATION ABOUT SNAP WORK RULES (GENERAL AND MANDATORY E&T) ..............................................................................................................13 LDSS-5127- Able-Bodied Adults Without Dependents (ABAWD) Work Activity Letter ...........14 LDSS-4230 CONCILIATION NOTIFICATION ........................................................................15 LDSS-4230A SNAP CONCILIATION NOTIFICATION ...........................................................18 LDSS-5087 NYC RE-ENGAGEMENT AND CONCILIATION NOTICE ..................................19

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Appendix C – Page 2 Rev. 3/2022

LDSS-4004A NOTICE OF INTENT TO CHANGE BENEFITS – PART A PUBLIC ASSISTANCE GRANT AND/OR SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) BENEFITS FOR NONCOMPLIANCE WITH WORK RELATED (TIMELY AND ADEQUATE) AND NOTICE OF EFFECT ON MEDICAID BENEFITS For copies of LDSS-4004A, please use the following links: English Version - http://otda.state.nyenet/ldss_eforms/eforms/4004A.pdf Spanish Version - http://otda.state.nyenet/ldss_eforms/eforms/4004A-SP.pdf When to use an LDSS-4004A

In accordance with 18 NYCRR 385.12, a recipient must be issued an adequate and timely notice of intent to discontinue or reduce assistance which informs the recipient that they have refused or failed to comply willfully and without good cause with employment requirements. The automated Client Notice System (CNS) was designed to satisfy all requirements for notifying clients of the action taken on their cases. CNS codes are available to cover all decisions, and when used correctly, a timely and accurate notice is generated. Districts are encouraged to use CNS to generate the notice of intent but may use the manual notice of intent (LDSS-4004A), as determined appropriate by the district. Whenever manual notice(s) are used, staff should ensure the notice is complete and accurate and that a copy is maintained in the case record. When sending a manual notice of intent for failure to comply with TA employment requirements, district’s outside of NYC must complete the LDSS-4004A or an approved local equivalent and provide it to the client. This notice is to be used in cases of TA work activity noncompliance. It is for use in cases of individual sanction or case closure. Instructions for Completion

Notice Date - The date the worker completes and mails the notice. The date must be at least ten days before the effective date of the action. Effective Date - The date the action or change will occur. Fair hearing regulations require that notice be given as to when an action will take effect. The effective date is used to determine if aid continuing can be given until the fair hearing decision is issued. In order for an appellant to have the right to aid continuing, the fair hearing must be requested by the effective date. The top portion consists of identifying information which is self- explanatory.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Appendix C – Page 3 Rev. 3/2022

Public Assistance Section The first check box (“REDUCE”) applies to a household with dependent children, first sanction and should be used when an individual is sanctioned but the case stays open for remaining household members. The sanction period is non-durational and until compliance. District staff must fill in the current grant amount, the grant amount after the sanction is imposed, the date the sanction will take effect, and the name of the sanctioned individual. The second check box (“REDUCE”) applies to a Family Assistance or Safety Net Assistance case in which there is a durational pro-rata sanction. District staff must fill in the effective date of the reduction, the current grant amount, the grant amount after the sanction is imposed, the number of days that the sanction will last and the name of the sanctioned individual. The third check box (“DISCONTINUE”) applies to a case closing, necessitated by a durational sanction for a one-person case. The date of the case closing must be entered as well as the number of days the sanction is expected to last. Additionally, a recommended date to reapply of no more than 30 days prior to the end of the sanction period to ensure timely processing of the new application must be included. The Response To Conciliation Section indicates the client’s response to conciliation. The district worker must select one checkbox indicating that the sanctioned individual did not respond within the required timeframe, agreed to come to a meeting, or answered the conciliation letter and discussed the reasons for the noncompliance. The reason section must be completed with the sanctioned individual’s name, the date of the infraction and a description of the infraction. In the paragraph following the reason section the district must indicate whether or not the household contains a dependent child and the number of times the sanctioned individual has been sanctioned for non-compliance with TA work requirements in the past. Fair Hearing Rights

This section of the notice informs individuals of the right to request a Fair Hearing within 60 days of the notice date for Public Assistance and 90 days from the notice date for SNAP benefits and includes instructions describing how to request a Fair Hearing.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Appendix C – Page 4 Rev. 3/2022

LDSS-4004B NOTICE OF INTENT TO CHANGE BENEFITS – PART B PUBLIC ASSISTANCE GRANT AND/OR SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) BENEFITS FOR NONCOMPLIANCE WITH WORK RELATED (TIMELY AND ADEQUATE) AND NOTICE OF EFFECT ON MEDICAID BENEFITS For copies of LDSS-4004B, please use the following links: English Version - http://otda.state.nyenet/ldss_eforms/eforms/4004B.pdf Spanish Version - http://otda.state.nyenet/ldss_eforms/eforms/4004B-SP.pdf When to use an LDSS-4004B

In accordance with 18 NYCRR 385.12, a SNAP recipient must be issued an adequate and timely notice of intent to discontinue or reduce assistance which informs the individual that they have refused or failed to comply willfully and without good cause with SNAP employment requirements. The automated Client Notice System was designed to satisfy all requirements for notifying clients of the action taken on their cases. CNS codes are available to cover all decisions, and when used correctly, a timely and accurate notice is generated. Districts are encouraged to use CNS to generate the notice of intent but may use the manual notice of intent (LDSS-4004B), as determined appropriate by the district. Whenever manual notice(s) are used, staff should ensure the notice is complete and accurate and that a copy is maintained in the case record. When sending a manual notice of intent for failure to comply with SNAP employment requirements, all districts (including New York City) must complete the LDSS- 4004B or an approved local equivalent and provide it to the client.

The LDSS-4004B (Part B) should be used to impose a SNAP employment sanction or otherwise notify the household of any change in SNAP benefits that occurred when a TA employment sanction is imposed. Instructions for Completion

Notice Date - The date the worker completes and mails the notice. The date must be at least ten days before the effective date of the action. Effective Date - The date the action or change will occur. Fair hearing regulations require that notice be given as to when an action will take effect. The effective date is used to determine if aid continuing can be given until the fair hearing decision is issued. In order for an appellant to have the right to aid continuing, the fair hearing must be requested by the effective date. The top portion consists of identifying information which is self- explanatory.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Appendix C – Page 5 Rev. 3/2022

Supplemental Nutrition Assistance Program (SNAP) Benefits Section

The first checkbox (“REDUCE”) should be used when an individual is sanctioned but the case stays open for remaining household members. District staff must enter the effective date of the benefit reduction, the current grant amount and the grant amount after the sanction is imposed. The second checkbox (“DISCONTINUE”) should be used when an individual’s case is closed due to a failure or refusal to comply with a SNAP work requirement. The third checkbox (“CONTINUE”) should be used to notify an individual that their SNAP benefit will continue unchanged even though they may be sanctioned for noncompliance with a Temporary Assistance work requirement. The fourth checkbox (“OTHER”) should be used when the change in the household’s SNAP eligibility was not otherwise covered by the existing selections.

Whenever a SNAP employment sanction is imposed (first or second checkbox has been checked) the information identifying the sanctioned individual’s name, the length of the durational SNAP sanction period and the individual’s sanction progression (first, second, third violation, or more). The length of the SNAP sanction period depends on the number of times an individual has been sanctioned in the past for non-compliance with SNAP work requirements. The number of SNAP violations does not include any SNAP work sanctions initiated between August 3, 2009 and December 14, 2012.

In the reason section includes the sanctioned individual’s name, the date of the infraction and a description of the infraction. Fair Hearing Rights

This section of the notice informs individuals of the right to request a Fair Hearing within 60 days of the notice date for Public Assistance and 90 days from the notice date for SNAP benefits and includes instructions describing how to request a Fair Hearing.

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Appendix C – Page 6 Rev. 3/2022

LDSS-4004A-NYC NOTICE OF INTENT TO CHANGE BENEFITS – PART A, PUBLIC ASSISTANCE GRANT AND/OR SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) BENEFITS FOR NONCOMPLIANCE WITH WORK RELATED (TIMELY AND ADEQUATE) AND NOTICE OF EFFECT ON MEDICAID BENEFITS For copies of LDSS-4004A-NYC, please use the following links: English Version - http://otda.state.nyenet/ldss_eforms/eforms/4004A-NYC.pdf Spanish Version - http://otda.state.nyenet/ldss_eforms/eforms/4004A-NYC-SP.pdf

Districts are required to provide a timely and adequate notice of intent to reduce or discontinue TA and/or SNAP benefits to inform the household that an individual in the household is sanctioned from TA and/or SNAP benefits because they have refused or failed to comply with employment requirements. The automated Client Notice System was designed to satisfy all requirements for notifying clients of the action taken on their cases. CNS codes are available to cover all decisions, and when used correctly, a timely and accurate notice is generated. Whenever manual notice(s) are used, staff should ensure the notice is complete and accurate and that a copy is maintained in the case record. Changes made in Chapter 562 of the Laws of 2015 eliminated durational TA employment sanction periods for individuals who reside in a city having a population of one million or more people. The TA employment sanction language generated through CNS was modified consistent with the requirements of SSL §342-a. The LDSS-4004A NYC was created for use by the NYC Human Resource Administration (HRA) when sending a manual notice of intent to inform the household of a TA employment sanction. When to use an LDSS-4004A-NYC

In accordance with 18 NYCRR 385.12, a recipient must be issued an adequate and timely notice of intent to discontinue or reduce assistance which informs the recipient that they have refused or failed to comply without good cause with employment requirements. Districts are encouraged to use CNS to generate the notice of intent but may use the manual notice of intent (LDSS-4004A-NYC), as determined appropriate by the district. Whenever manual notice(s) are used, staff should ensure the notice is complete and accurate and that a copy is maintained in the case record. When sending a manual notice of intent for failure to comply with TA employment requirements to a TA recipient in NYC the LDSS-4004B-NYC or an approved local equivalent must be provided to the client. This notice is to be used in cases of TA work activity non-compliance. It is for use in cases of individual sanction or case closure.

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Instructions for Completion

Notice Date - The date the worker completes and mails the notice. The date must be at least ten days before the effective date of the action. Effective Date - The date the action or change will occur. Fair hearing regulations require that notice be given as to when an action will take effect. The effective date is used to determine if aid continuing can be given until the fair hearing decision is issued. In order for an appellant to have the right to aid continuing, the fair hearing must be requested by the effective date. The top portion consists of identifying information which is self- explanatory. Public Assistance Section The first check box (“REDUCE”) should be used when an individual is sanctioned but the case stays open for remaining household members. The sanction period is non-durational and until compliance. District staff must fill in the current grant amount, the grant amount after the sanction is imposed, the date the sanction will take effect, and the name of the sanctioned individual. The second check box (“DISCONTINUE”) applies to a case closing. The date of the case closing must be entered. The reason section must be completed with the sanctioned individual’s name, the date of the infraction and a description of the infraction. The Response to Re-Engagement/Conciliation section indicates the client’s response to re- engagement/conciliation. The worker must select one checkbox indicating that the sanctioned individual did not respond within the required timeframes, the sanctioned individual agreed to come to a meeting, or the sanctioned individual answered the re-engagement/conciliation letter and gave reasons for the noncompliance. In the paragraph that follows the response section the district must identify the number of times the individual has previously been sanctioned for failure to comply with TA employment requirements. Additionally, the district must identify the date by which the individual can avoid the TA sanction by demonstrating compliance with employment requirements or documenting that they are exempt from work requirements. The date identified in this section should be the same as the effective date of the sanction. Fair Hearing Rights

This section of the notice informs individuals of the right to request a Fair Hearing within 60 days of the notice date for Public Assistance and 90 days from the notice date for SNAP benefits and includes instructions describing how to request a Fair Hearing.

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LDSS-4005 NOTIFICATION OF TEMPORARY ASSISTANCE WORK REQUIREMENTS DETERMINATION (EXEMPT)

For copies of LDSS-4005, please use the following links:

 English Version LDSS-4005 - http://otda.state.nyenet/ldss_eforms/eforms/4005.pdf

 Spanish Version LDSS-4005SP - http://otda.state.nyenet/ldss_eforms/eforms/4005-SP.pdf

 English Version NYC LDSS-4005 - http://otda.state.nyenet/ldss_eforms/eforms/4005- NYC.pdf

 Spanish Version NYC LDSS-4005SP - http://otda.state.nyenet/ldss_eforms/eforms/4005- NYC-SP.pdf When to use an LDSS-4005

In accordance with 18 NYCRR 385.2, if an applicant or recipient of temporary assistance claims that they should be exempt from work activities, or the district conducts the disability review procedure because an individual claims a personal medical limitation or demonstrates an inability to function in a work setting and a health barrier is suspected, the social services official should determine the individual’s exempt/non-exempt status. Once this determination is made, the social services official shall notify the applicant or recipient in writing of the determination and the right to request a fair hearing. The LDSS-4005 or an approved local equivalent shall be used to notify an individual of the district’s determination that they are exempt from work requirements. Instructions for Completion

The notice date is the effective date of the determination for purposes of establishing the period within which an individual has to request a fair hearing (10 or 60 days depending on whether the determination is medical or non-medical in nature). Once the notice date is established, the notice should be mailed or otherwise delivered to the individual on that day. The top portion consists of identifying information which is self- explanatory. The first checkbox (Part 1 - Medical) applies to an individual who was found to have a personal medical condition which would exempt them from work activities. It explains to the individual the effective date of the determination, that they may be required to supply medical evidence at some future time to verify continued exemption status based on disability, and that they may be required to participate in treatment to become self-sufficient. It also notifies the individual that

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they have 10 days from the notice date to request a fair hearing. Please note: the “effective date” of the determination and the “notice date” should be the same date.

The second checkbox (Part 2 - other than medical) is used in cases where the individual was found to be exempt from work requirements for reasons other than a personal medical limitation. Part 2 includes the effective date of the determination, the reason for the exemption, and that he or she may be required to provide additional evidence in the future to verify continued exemption status. It also notifies the individual that they have 60 days from the notice date to request a fair hearing. Please note: the “effective date” of the determination and the “notice date” should be the same date. Fair Hearing Rights

This section of the notice informs applicants and recipients of the right to request a Fair Hearing within 10 or 60 days of the notice date depending on which section is completed and includes instructions describing how to request a Fair Hearing.

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LDSS-4005(a) NOTIFICATION OF TEMPORARY ASSISTANCE WORK REQUIREMENTS DETERMINATION (NON-EXEMPT)

For copies of LDSS-4005(a), please use the following links:

 English Version LDSS-4005(a) - http://otda.state.nyenet/ldss_eforms/eforms/4005A.pdf

 Spanish Version LDSS-4005(a)SP - http://otda.state.nyenet/ldss_eforms/eforms/4005A- SP.pdf

 English Version NYC LDSS-4005(a) - http://otda.state.nyenet/ldss_eforms/eforms/4005A- NYC.pdf

 Spanish Version NYC LDSS-4005(a)SP - http://otda.state.nyenet/ldss_eforms/eforms/4005A-NYC-SP.pdf When to use an LDSS-4005(a)

In accordance with 18 NYCRR 385.2, if an applicant or recipient of public assistance claims they should be exempt from work activities, or the district conducts the disability review procedure because an individual claims a personal medical limitation or demonstrates an inability to function in a work setting and a health barrier is suspected, the social services official should determine the individual’s exempt/non-exempt status. Additionally, the LDSS-4005(a) is issued whenever an individual’s status changes from exempt to non-exempt. Once this determination is made the social services official shall notify the applicant or recipient in writing of the determination and the right to request a fair hearing. The LDSS-4005(a) or an approved local equivalent shall be used to notify an individual of the district’s determination that they are non-exempt from work requirements. Instructions for Completion

The notice date is the effective date of the determination for purposes of establishing the period within which an individual has to request a fair hearing (10 or 60 days depending on whether the determination is medical or non-medical in nature). Once the notice date is established, the notice should be mailed or otherwise delivered to the individual that day. The top portion consists of identifying information that is self-explanatory.

The first checkbox (Part 1 - Medical Nonexempt) applies to individuals whose personal health status has been evaluated and who have been determined to be non-exempt from participation in work activities. It explains to the individual the effective date of the determination, and that they have 10 days from the notice date to request a fair hearing. Please note: the “effective date” of the determination and the “notice date” should be the same date.

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The second check box (Part 2 - Medical Work Limited) applies to individuals whose personal health status has been evaluated and who have been determined to be nonexempt and work limited. It explains to the individual the effective date of the determination and that they have ten days from the notice date to request a fair hearing. Please note: the “effective date” of the determination and the “notice date” should be the same date. The district must identify in this section of the notice the individual’s limitations as determined by a licensed physician or other medical professional.

The third check box (Part 3 - Nonexempt-Other Than Medical) is used to notify an individual that they have been determined to be nonexempt from work requirements for reasons other than a personal health related issue. It explains to the individual the effective date of the determination and the reason for the determination. It also notifies the individual that they have 60 days from the notice date to request a fair hearing. Please note: the “effective date” of the determination and the “notice date” should be the same date.

The notice also includes a description of the duties of a nonexempt person related to finding and keeping a job, including the requirement to participate in work activities. Fair Hearing Rights

This section of the notice informs applicants and recipients of the right to request a Fair Hearing within 10 or 60 days of the notice date depending on which section is completed and includes instructions describing how to request a Fair Hearing.

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LDSS-5193 IMPORTANT INFORMATION ABOUT SNAP WORK RULES (GENERAL, MANDATORY E&T, AND ABAWD) For the most recent copy of the LDSS-5193, please use the following link: http://otda.state.nyenet/ldss_eforms/ When to Use an LDSS-5193

In accordance with guidance outlined in 22-ADM-01 Oral and Written Requirements to Inform SNAP Applicants and Recipients of SNAP Work Rules districts are required to provide a notice of consolidated work requirements and oral explanation to all households where at least one member is subject to a SNAP work requirement, describing the pertinent work requirements. LDSS-5193 Important Information about SNAP Work Rules (General, Mandatory E & T and ABAWD) includes information regarding the general SNAP work requirements, mandatory SNAP E&T, and the ABAWD work requirements. This notice should be provided to all SNAP households where at least one household member is subject to the ABAWD work requirements. The LDSS-5193 should be issued as explained above at certification, recertification, and when a previously exempt household member or new household member becomes subject to work requirements. This notice should not be used during periods of a statewide ABAWD waiver as during that time ABAWDs residing in all areas of New York State are not be subject to the ABAWD requirements. Throughout the duration of a statewide ABAWD waiver, districts should use the LDSS-5193A described under the section LDSS-5193A Important Information about SNAP Work Rules (General and Mandatory E&T) below. Additionally, the LDSS-5193 Important Information about SNAP Work Rules (General, Mandatory E & T, and ABAWD), which includes all relevant information about the ABAWD work rules, replaced the LDSS-5072 Informational Letter Regarding Able-Bodied Adults Without Dependents (ABAWD) Requirements. Districts must no longer use the LDSS-5072 which became obsolete with the implementation of the LDSS-5193. Instructions for Completion

Districts are required to complete the information in the top portion of the first page of the notice including: Date, Case Number, and District Contact Number. In the applicable work requirements sections, districts should list all members of the household who are subject to each of the different types of requirements. The three charts on the first page of the notice must be completed in accordance with the household’s specific circumstances: The first chart should include the names of each household member subject to the general SNAP work requirements. The second chart should include the names of each household member who is subject to mandatory SNAP E&T.

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The third chart should include the names of each household member who is subject to the ABAWD work requirements.

If a household member is subject to more than one category of SNAP work requirements their name should appear in all applicable work requirements sections. In a district that does not mandate SNAP E&T for their NTA/SNAP population, a non-exempt adult in an NTA/SNAP household should be listed in the General SNAP Work Rules section but would not be listed in the SNAP Employment and Training (E&T) Assignment section. Districts must retain copies of all LDSS-5193 notices provided to the household and must also document the case record through case notes/comments when the comprehensive oral explanation pertaining to SNAP work requirements occurs. LDSS-5193A IMPORTANT INFORMATION ABOUT SNAP WORK RULES (GENERAL AND MANDATORY E&T) When to Use an LDSS-5193A

In accordance with guidance outlined in 22-ADM-01 Oral and Written Requirements to Inform SNAP Applicants and Recipients of SNAP Work Rules districts are required to provide a notice of consolidated work requirements and oral explanation to all households where at least one member is subject to a SNAP work requirement, describing the pertinent work requirements. LDSS-5193A Important Information about SNAP Work Rules (General and Mandatory E & T) includes information regarding the general SNAP work requirements and mandatory SNAP E&T but does not explain the ABAWD work requirements. This notice should be provided to households where at least one household member is subject to the general SNAP work requirements or mandatory SNAP E & T but where no household member is subject to the ABAWD work requirements including households where all household members have been determined to be non-ABAWDs and households that reside in an area with an ABAWD waiver. The LDSS-5193 should be provided as explained at certification, recertification, and when a previously exempt household member or new household member becomes subject to work requirements. As indicated in the previous section, districts should use the LDSS-5193A during periods of a statewide ABAWD waiver as during that time ABAWDs residing in all areas of New York State are not be subject to the ABAWD requirements.

Instructions for Completion

Districts are required to complete the information in the top portion of the first page of the notice including Date, Case Number, and District Contact Number. In the applicable work requirements sections, districts should list all members of the household who are subject to each of the different types of SNAP work requirements. The two charts on the first page of the notice must be completed in accordance with the household’s specific circumstances: The first chart should include the names of each household member subject to the general SNAP work requirements.

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The second chart should include the names of each household member who is subject to Mandatory SNAP E&T. Districts must retain copies of all LDSS-5193A notices provided to the household and must also document the case record through case notes/comments when the comprehensive oral explanation pertaining to SNAP work requirements occurs.

LDSS-5127- Able-Bodied Adults Without Dependents (ABAWD) Work Activity Letter For copies of LDSS-5127, please use the following links: English Version LDSS-5127 - http://otda.state.nyenet/ldss_eforms/eforms/5127.pdf Spanish Version LDSS-5127SP - http://otda.state.nyenet/ldss_eforms/eforms/5127-SP.pdf

Districts that do not have a full county ABAWD waiver must provide the LDSS-5127 Able- Bodied Adults Without Dependent (ABAWD) Work Activity Letter (or locally developed equivalent approved by OTDA) to each ABAWD individual subject to the ABAWD requirements, who resides in a SNAP applicant or recipient household to offer the ABAWD the opportunity to meet with a district staff member or contracted employment vendor for assistance in obtaining a qualifying work activity assignment so that the ABAWD might continue to retain eligibility for SNAP benefits beyond the three-month federal time limit. The LDSS-5127 Able-Bodied Adults Without Dependents (ABAWD) Work Activity Letter provides the ABAWD with an appointment with the district to receive the offer of enrollment in a qualifying ABAWD work activity assignment. Districts may provide the ABAWD qualifying work activity or training opportunity through a SNAP Employment and Training (E&T) program such as SNAP Venture, or other local work, educational, or training program for which the individual is eligible that will meet the ABAWD requirement. A copy of the completed LDSS-5127 Able- Bodied Adults Without Dependents (ABAWD) Work Activity Letter must be retained in the case record, along with an entry in case record notes, to document that the district offered the ABAWD the opportunity to meet with the district for assignment to an ABAWD qualifying work activity. The ABAWD’s compliance with the work activity appointment is not mandatory as a matter of eligibility, and failure to appear will not result in the offer of conciliation or imposition of a SNAP sanction. The appointment for the offer of engagement in an ABAWD qualifying work activity is separate and apart from any other mandatory work activity appointments or assignments given as part of the individual’s Temporary Assistance (TA) work assignment or SNAP E&T work assignment.

The LDSS-5127 Able-Bodied Adults Without Dependents (ABAWD) Work Activity Letter does not replace the LDSS-5072 Informational Letter Regarding Able-Bodied Adults Without Dependents (ABAWD) Requirements. Districts are strongly encouraged to continue to issue the LDSS-5072 in addition to the mandatory LDSS-5127 to reinforce ABAWD requirements and the offer of assistance with meeting the requirements.

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LDSS-4230 CONCILIATION NOTIFICATION For copies of LDSS-4230, please use the following links: English Version LDSS-4230 - http://otda.state.nyenet/ldss_eforms/eforms/4230.pdf Spanish Version LDSS-4230SP - http://otda.state.nyenet/ldss_eforms/eforms/4230-SP.pdf Overview of LDSS-4230

In accordance with 18 NYCRR 385.11, conciliation notices must be given to non-exempt applicants and recipients of temporary assistance and SNAP who have failed or refused to comply with employment requirements. This requirement does not apply to PA applicants who fail or refuse to comply with employment assessments, nor does it apply to PA applicants who fail to comply with a job search assignment. (In those cases, the applications are denied without the conciliation process.)

The opportunity to avoid a SNAP sanction by demonstrating program compliance must be offered to all SNAP recipients, which includes SNAP applicants who have received expedited SNAP benefits and are assigned to SNAP work activities, who fail or refuse to comply with an assigned SNAP work activity without good cause. For districts outside of New York City, the ability to avoid a sanction through prospective compliance does not apply to individuals who fail or refuse to comply with PA work requirements. Failure or refusal to comply with a PA work requirement continues to require conciliation followed by sanction if the district determines that the failure or refusal to comply was willful and without good cause. There is no authority to offer individuals an opportunity to demonstrate compliance to avoid a PA work related sanction.

Districts (other than NYC which uses the NYC Work, Accountability and You [NYCWAY] system) are encouraged to continue using the WTWCMS to document instances of noncompliance, and to generate the Conciliation Notice or SNAP Conciliation Notice. Manual versions of the conciliation notices are available in instances where a manual notice is needed.

Districts must also continue to ensure that individuals have the opportunity to document good cause or an exemption from participation in SNAP work activities. Individuals who demonstrate good cause or document an exemption from SNAP E&T requirements would not be subject to a SNAP E&T sanction. Individuals who demonstrate good cause but are not otherwise exempt from SNAP E&T requirements should be reassigned to appropriate work activities. If a recipient claims to have good cause or claims to be exempt from SNAP work requirements, but the district subsequently determines that the recipient did not have or failed to document good cause/exemption, the recipient must be offered the opportunity to demonstrate compliance in a SNAP work activity to avoid the SNAP sanction.

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Instructions for Completing the LDSS-4230

The Conciliation Notification (LDSS-4230) should be used for TA only noncompliance and for TA/SNAP noncompliance in those instances where a manual conciliation notice is needed. The form contains a section to include information on the ability to avoid a SNAP sanction through demonstrated compliance with work requirements for TA/SNAP cases. When a TA/SNAP recipient is non-exempt from SNAP work requirements workers should select one of the available options under the “Demonstrate compliance with the assigned SNAP work requirement(s)” section to instruct the client to either contact the agency for information, to directly report to a provider or to comply with job search to demonstrate compliance.

Note: The SNAP section of the manual LDSS-4230 should be left blank if the noncompliance applies only to PA employment requirements (such as if the individual is exempt from SNAP E&T requirements).

The upper section of the document is used to provide identifying information which is self- explanatory. Each box must be filled in. The worker must specify the instance(s) of refusal or failure to comply and detail the work activity or work requirement the individual failed to comply with. Workers should refrain from using acronyms or abbreviated descriptions for work activity assignments. The section, How This Affects your Public Assistance Benefits must be filled out and indicate the agency contact phone number and worker name, and the date that contact must occur by. The date should allow individuals at least ten days from the date of the conciliation notice (regardless of case type) the opportunity to respond to the conciliation notice and/or re- engagement in SNAP work activities. This includes all individuals receiving FA, SNA-MOE, SN non-MOE, NTA/SNAP and SNAP mixed cases. The section How this Affects your SNAP Benefits must be filled out and direct the individual to either: 1. contact staff at the specified phone number by the date indicated or; 2. demonstrate compliance with the assigned SNAP work requirements by: 1. contacting the staff at the agency by the specified date and time or; 2. appearing at the referred to work activity listed on the notice or 3. look for work by engaging in a job search. Note: the date on the notice should allow individuals at least ten days from the date of the conciliation notice (regardless of case type) for the opportunity to respond to the conciliation notice and/or re-engagement in SNAP work activities.

Individuals may be assigned to the same work activity to demonstrate compliance to avoid a SNAP sanction, unless the district determines that the work activity is no longer available or is no longer consistent with the individual’s employment assessment and plan. Additionally, no

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adjustment is necessary to the hours of a work experience assignment during the demonstrated compliance period since the individual continues to receive the same amount of benefits during the demonstrated compliance period. The maximum hours that the individual may be assigned to work experience may need to be adjusted prospectively, if there is a change in the amount of TA and/or SNAP benefits payable to the household. Individuals who have been directly assigned to a SNAP work activity to start the demonstrated compliance period before the end of the ten-calendar day period may be afforded the opportunity to reschedule due to a conflict. However, the start date of the demonstrated compliance must begin no later than the end of the ten-calendar day period, unless the individual has a good cause reason.

The time period established for demonstrating compliance to the satisfaction of the district cannot exceed the demonstrated compliance period outlined in section 5.2 of the district’s Temporary Assistance and SNAP Employment Plan approved by OTDA, which cannot exceed ten days. Districts may add additional days, if the individual has good cause during the demonstrated compliance period, provided that the total number of days that an individual is required to demonstrate compliance does not exceed ten days. Districts are required to provide child care or transportation services that are necessary to enable the participant to demonstrate compliance with work requirements. The LDSS-4230 or approved local equivalent must be issued to the client before a ten-day notice of adverse action may be sent.

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LDSS-4230A SNAP CONCILIATION NOTIFICATION For copies of the LDSS-4230 use the following links: English version LDSS-4230A SNAP Conciliation Notification Spanish version LDSS-4230A(S) SNAP Conciliation Notification Instructions for Completing the LDSS-4230A The LDSS-4230A should be used for SNAP-only work registrants who fail to comply with a SNAP E&T requirement in those instances where a manual notice is needed. The upper section of the document is used to provide identifying information which is self- explanatory. Each box must be filled in. The worker must specify the instance(s) of refusal or failure to comply and detail the work activity or work requirement the individual failed to comply with. Workers should refrain from using acronyms or abbreviated descriptions for work activity assignments. The contact section must be filled out and indicate the worker name, agency contact phone number, and the date that contact must occur by. The date should allow individuals at least 10 days from the date of the conciliation notice the opportunity to respond to the conciliation notice and/or re-engagement in SNAP work activities. Workers should select one of the available options for demonstrating compliance to avoid a SNAP sanction to instruct the client to contact the agency for information, to directly report to a provider or to comply with job search to demonstrate compliance. Note: the date on the notice should allow individuals at least ten days from the date of the conciliation notice (regardless of case type) for the opportunity to respond to the conciliation notice and/or re-engagement in SNAP work activities The LDSS-4230A or approved local equivalent must be issued to the client before a ten-day notice of adverse action may be sent.

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LDSS-5087 NYC RE-ENGAGEMENT AND CONCILIATION NOTICE For copies of the LDSS-5087 NYC use the following links:

• English Version LDSS-5087 NYC https://otda.state.nyenet/ldss_eforms/eforms/5087- NYC.pdf

• Spanish Version LDSS-5087 NYC https://otda.state.nyenet/ldss_eforms/eforms/5087- NYC-SP.pdf

The LDSS-5087 NYC is for use by staff in New York City for TA and/or SNAP noncompliance in those instances where a manual conciliation notice is needed. Instructions for completing the LDSS-5087 NYC

The re-engagement/conciliation notice must:

• identify the specific act or acts of noncompliance (failure or refusal to comply or participate) that has/have taken place;

• inform the individual of the right to avoid the pro-rata reduction in TA benefits through reengagement (demonstrating compliance with assigned work requirements, by documenting an exemption consistent with 18 NYCRR 385.2 or by otherwise demonstrating that the noncompliance was not willful or with good cause);

• indicate that HRA has reviewed the case record and based on the information available determined that the individual is not exempt from work requirements and that the necessary supportive services and accommodations for a disability were available at the time of the noncompliance;

• explain what would constitute good cause and provide examples of acceptable forms of documentation that may be provided to HRA to warrant an exemption or excused absence, (e.g., medical note, letter from the court, etc.); and,

• indicate that the individual has ten calendar days to appear at the conciliation appointment to explain why he/she did not participate in the assigned work requirement.

For individuals who participate in the conciliation appointment HRA must evaluate good cause and whether the noncompliance was willful. The individual is responsible for notifying HRA of the reasons for refusing or failing to comply with a work requirement and for providing documentation to support any claim of good cause, or exemption from work requirements. Since the determination of good cause may be based upon the credible explanation provided by

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the client, with or without supporting documentation, good cause may be granted without documentation in some circumstances and should be noted in the case record.

TA applicants and recipients who do not respond to the re-engagement/conciliation notice, refuse or do not demonstrate compliance as assigned by HRA for a minimum of five business days may be subject to a non-durational TA and/or a durational SNAP sanction.

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Introduction – Page 1

Rev. 3/2022 Employment Policy Manual Introduction Table of Contents Employment Policy Manual Introduction ................................................................................................ 1 General Introduction .............................................................................................................................. 1 Legal Basis .............................................................................................................................................. 1 Acronym Listing ...................................................................................................................................... 2

General Introduction The Temporary Assistance (TA) and Supplemental Nutrition Assistance Program (SNAP) Employment Policy Manual is designed to provide social service districts (districts) with guidance to help districts successfully implement their employment programs. This guidance covers such topics as reviewing exemptions from TA and SNAP work requirements, the disability review process, work activities, participation rate requirements, conciliation and sanction procedures, and more. Each section of the Manual is broken into three parts: The Regulations, Department Policy, and Questions and Answers. The Regulations section comes directly from the New York State Code of Rules and Regulations. The Department Policy section expands upon and offers clarification for the Regulations Section. Lastly, the Question and Answers section addresses questions frequently received from districts to the Office of Temporary and Disability Assistance (OTDA) Employment and Advancement Services Bureau staff.

The TA and SNAP Employment Policy Manual will be updated as policy changes necessitate. Districts should continue to review Administrative Directives (ADM), General Information System Messages (GIS), Local Commissioner Memoranda (LCM), and other relevant policy directives for updates. Should districts find discrepancies or need clarification on policy, they should contact their Employment Services Advisor. Legal Basis Federal Law Pursuant to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), the United States Department of Health and Human Services (HHS) administers and oversees the Temporary Assistance for Needy Families (TANF) block grant. Within HHS, the Administration for Children and Families has program responsibilities. Under the Food Stamp Act of 1977, the Food Security and Rural Investment Act of 2002, and the Food, Conservation and Energy Act of 2008, the United States Department of Agriculture administers and oversees the Supplemental Nutrition Assistance Program (SNAP). Within USDA, the Food and Nutrition Service (FNS) has program responsibilities.

Federal Regulations

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Rev. 3/2022 45 CFR Chapter II of the Code of Federal Regulations governs the federal TANF block grant, which provides the funding for TA. 7 CFR Subchapter C of the Code of Federal Regulations governs SNAP. State Law Under Sections 29, 95, and 358 of the Social Services Law, the New York State Office of Temporary and Disability Assistance (OTDA) is granted authority for administering TANF and SNAP. State Regulations 18 NYCRR, Part 385, of the New York State Code of Rules and Regulations governs Public Assistance and SNAP employment program requirements. Acronym Listing

ABAWD

Able Bodied Adult Without Dependents ABE

Adult Basic Education ABEL

Automated Budgeting and Eligibility Logic ADA

Americans with Disabilities Act ADM

Administrative Directive (NYS issued directive) AFA

Anticipated Future Action CFR

Code of Federal Regulations CIN

Client Identification Number

CNS

Client Notices System CUNY

City University of New York DDD

Division of Disability Determinations D/A

Drug/Alcohol EAF

Emergency Assistance to Families ESL

English as a Second Language ESNA

Emergency Safety Net Assistance E&T

Employment & Training FA

Family Assistance FFFS

Flexible Fund for Family Services GIS

General Information System Messages

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Introduction – Page 3

Rev. 3/2022 HEAP

Home Energy Assistance Program HIV

Human Immunodeficiency Virus HRA

Human Resources Administration HSE

High School Equivalency INF

Information Letter JRT

Job Readiness Training LCM

Local Commissioner Memoranda LDSS

Local District Social Services NOAA

Notice of Adverse Action NTA-SNAP

Non-Temporary Assistance SNAP NYC

New York City NYCRR

New York Codes, Rules, and Regulations NYCWAY

New York City Work Accountability and You OCFS

Office of Children and Family Services OJT

On-The-Job Training OTDA

Office of Temporary and Disability Assistance PA

Public Assistance TA

Temporary Assistance TANF

Temporary Assistance for Needy Families SN

Safety Net SNA-MOE

Safety Net Assistance Maintenance of Effort SNA Non-Moe

Safety Net Assistance Non-Maintenance of Effort SNAP

Supplemental Nutrition Assistance Program SNAP E&T

Supplemental Nutrition Assistance Program

Employment & Training SNAP-FP

Safety Net Assistance Federally Participating SNAP-MIX TA and SNAP Mixed Household SSD

Social Security Disability SSI

Supplemental Security Income SSDI

Social Security Disability Insurance

NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Introduction – Page 4

Rev. 3/2022 SSL

Social Services Law SUNY

State University of New York USC

United States Code VISTA

Volunteers in Service to America WEP

Work Experience Program WIC

(The Special Supplemental Nutrition Program for)

Women, Infants and Children WIOA

Workforce Innovation and Opportunity Act WRTS

Welfare Reporting and Tracking System WMS

Welfare Management System

WTWCMS

Welfare to Work Caseload Management System