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

Section 385.12- Page 13 Rev. 3/2022 a claimed exemption from work requirements or engaging in an applicant job search if assigned), shall remain ineligible for Temporary Assistance benefits. TA Sanctions for Failure to Comply with Employment Requirements in New York City Effective January 15, 2019, sanction procedures for New York City (NYC) were changed to reflect amendments to Chapter 562 of the Social Services Law that eliminate durational sanction periods for all TA households in a city with a population of 1,000,000 or more people. All TA employment sanctions that are imposed when a TA applicant or recipient willfully and without good cause refuses or fails to comply with a mandatory appointment or work activity assigned by the NYC Human Resource Administration (HRA) are non-durational and will continue until the individual demonstrates compliance with work requirements or documents that they are exempt from TA work requirements consistent with 18 NYCRR 385.2. TA applicants and recipients who do not respond to the re-engagement/conciliation notice, refuse or do not demonstrate compliance as assigned by HRA for a minimum of five business days may be subject to a non-durational TA and/or durational SNAP sanction in those instances where the worker determines that the individual willfully and without good cause refused or failed to comply with an assigned work requirement. A timely and adequate notice of intent to inform the household of the TA employment sanction and pro-rata reduction or discontinuance in TA benefits must be issued consistent with the notice requirements described in SSL 342-a. HRA should continue to use the Client Notices System (CNS) to issue the notice of intent to impose a TA employment sanction. Demonstrating Compliance with TA Work Requirements in New York City TA applicants and recipients in NYC who are sanctioned for noncompliance with assigned work requirements may end the TA sanction by demonstrating compliance by participating in an assigned work activity for a minimum of five business days. Demonstrating compliance means that the individual engages in the assigned work activity and fully participates as assigned by HRA for a minimum of five business days. An individual’s TA (and SNAP) employment sanction will also end if the individual is determined by HRA to be exempt from work requirements consistent with 18 NYCRR 385.2 for TA and 18 NYCRR 385.3 for SNAP. With respect to SNAP benefits, a SNAP recipient, who was also sanctioned for noncompliance with SNAP work requirements, must serve the balance of the SNAP durational sanction period and demonstrate compliance with work requirements unless the individual documents that they are exempt from SNAP work requirements and is otherwise eligible for SNAP benefits. Absent minimum TA sanction periods in NYC, the individual’s benefits would be restored back to the date they indicated the willingness to comply.