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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