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NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.12- Page 12 Rev. 3/2022 Demonstrating Compliance with TA Work Requirements in Districts Outside of New York City TA benefits are restored and the prorata budget reduction is removed for sanctioned individuals in districts outside of New York City once the minimum sanction duration has expired and the individual demonstrates they are willing to comply with employment requirements as assigned by the district. In all instances, the time period established for demonstrating compliance to the satisfaction of the district cannot exceed ten business days. TA benefits must be restored to the household upon the completion of the minimum sanction duration period and upon the individual demonstrating a willingness to comply with employment requirements consistent with the district’s applicable demonstrated compliance procedures described in Section 5.2 of its approved TA and SNAP Employment Plan. Once the individual has demonstrated compliance consistent with the district’s requirements, TA benefits are restored retroactive to the date the individual indicated a willingness to comply (but no earlier than the expiration of the minimum duration period). If after the completion of the minimum sanction duration period, the sanctioned individual indicates that they are unable to participate in work activities, the sanction resolution for such individual must not be later than the timeframes required for those individuals who are able to work and demonstrate compliance in work activities. Sanctioned individuals who subsequently indicate an inability to participate in work activities should have their inability to participate in work activities documented in accordance with 18 NYCRR 385.2 and TA benefits must be restored retroactive to the date the individual claimed to be unable to participate (but no earlier than the expiration of the minimum duration period), provided the individual has cooperated with efforts to document the exemption. If the timeframes required to document an exemption from work activities takes longer than the timeframe required for an able-bodied individual to demonstrate compliance, the district must initiate benefit restoration even if the employability determination is not complete, so that the timeframe required to initiate grant restoration is no longer than would be required for an able-bodied individual. An individual would only need to submit an application to restore TA benefits upon the conclusion of a prorata sanction if the TA case was closed for some other reason (e.g., failure to comply with recertification) or the sanction was imposed while the individual was in receipt of SNA as part of a single household and the prorata reduction resulted in case closure. In those instances where the individual’s case is closed, a new application for assistance (LDSS-2921) must be submitted and the individual must comply with all program requirements including the 45-day waiting period, if applicable. Applicants for TA are not required to demonstrate compliance to lift an employment sanction once the durational sanction period has expired. The procedures for demonstrated compliance as described in Section 5.2 of the district’s approved TA and SNAP Employment Plan applies to TA recipients only. However, TA applicants who do not comply with all program requirements, (which may include providing documentation to verify