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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;