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

Section 385.12- Page 5 Rev. 3/2022 b. Noncompliance of SNAP applicants and recipients with work requirements. 1) If an applicant has, without good cause, refused or failed to comply with a SNAP work requirement pursuant to the requirements of this Part, other than applicant voluntary quit or reduction in work effort pursuant to section 385.13 of this Part, he/she will be denied SNAP benefits. The individual’s ineligibility for SNAP continues until the applicant complies with the requirements of this section as assigned by the social services district or documents that he/she has become exempt from SNAP work requirements . If an applicant is disqualified, and he/she is a member of an otherwise eligible household, he/she is treated as a disqualified member of the household during the period of disqualification, under section 387.16(c)(1) of this Title. 2) If a recipient has, willfully and without good cause, refused or failed to comply with a SNAP work requirement pursuant to the requirements of this Part, he/she will be ineligible to participate in SNAP in accordance with the provisions of this section. If a recipient is disqualified and he/she is a member of an otherwise eligible household, he/she is treated as a disqualified member of the household during the period of disqualification, under section 387.16(c)(1) of this Title. 3) Prior to notifying the household of the proposed disqualification, the social services district must determine whether good cause for noncompliance exists, in accordance with subdivision (c) of this section. 4) For SNAP recipients, within 10 calendar days of determining that the non-compliance was willful and without good cause, the social services district must issue a timely and adequate notice of adverse action to the recipient. This notice must specify: i. the particular act of noncompliance, ii. the proposed period of disqualification, iii. that the individual may reapply in order to resume participation in SNAP at the end of the disqualification period and iv. information about ending the disqualification as specified in subdivision (e) of this section. The disqualification period begins with the first month following the expiration of the notice period unless a fair hearing is requested. In such case the disqualification period may not begin until the fair hearing request is withdrawn, the individual fails to appear at a scheduled fair hearing, or a fair hearing decision upholding the social services district's action is issued. 5) When a member of an applicant household has, without good cause, failed to comply with work requirements pursuant to section 385.3 of this Part, the social services district must inform the household of the individual's denial in the notice of action taken. This notice must specify: