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

Section 385.12- Page 2 Rev. 3/2022 Part A - The Regulations a. Noncompliance of public assistance applicants and recipients with the requirements of this Part. 1) Potentially employable applicants and recipients. i. An applicant who has been determined to be exempt from participation in work activities in accordance with the requirements of this Part due to being incapacitated due to a physical and/or mental health condition pursuant to this section, who, in the judgment of the social services official has the potential to improve his/her ability to work through suitable medical care, rehabilitation and/or treatment, will be denied assistance if he/she willfully and without good cause fails to comply with requirements for potentially employable applicants pursuant to section 385.2 of this Part. Ineligibility for public assistance continues until the applicant agrees to comply with the requirements and demonstrates such compliance where appropriate. ii. A recipient who has been determined to be exempt from participation in work activities in accordance with the requirements of this Part due to being incapacitated due to a physical and/or mental health condition pursuant to this section, who, in the judgment of the social services official has the potential to improve his/her ability to work through suitable medical care rehabilitation, and/or treatment, and willfully and without good cause refuses or fails to comply with the requirements for the potentially employable recipient pursuant to section 385.2 of this Part, is ineligible to receive public assistance until such time as he/she is willing to comply with such requirements. 2) A public assistance applicant or recipient subject to employment requirements who is determined to have refused or failed to comply with the requirements of this Part in accordance with the provisions of section 385.11(a) of this Part regarding conciliation for individuals not living in a city with a population of 1,000,000 or more people or subdivision (b) of this section for individuals living in a city with a population of 1,000,000 or more people must be provided a notice of such determination and of the intent of the social services district to deny, discontinue or reduce assistance, as follows: i. An applicant must be issued an adequate notice of denial of public assistance which informs him/her that he/she has refused or failed to comply without good cause with employment requirements in accordance with the provisions of section 385.6(a)(7)(i), 385.7(a)(7)(i), 385.9(e)(5) or 385.13(a)(8)(i) of this Part. An applicant must be issued an adequate notice of denial of public assistance which informs him/her that he/she has willfully refused or failed to comply with employment requirements without good cause in accordance with the provisions of this Part other than those specified in this subparagraph.