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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: