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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