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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