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

Section 385.12- Page 6 Rev. 3/2022 i. the particular act of noncompliance, and ii. that the individual may reapply for SNAP benefits, but must comply with SNAP work requirements as determined by the social services district or document an exemption from SNAP work requirements consistent with section 385.3 of this Part as part of the process for establishing eligibility for SNAP benefits, provided the individual is otherwise eligible. 6) A voluntary participant in a SNAP employment and training program who is exempt from SNAP work requirements and/or participation in an employment and training program must not be disqualified for failure to comply with the requirements of this Part unless the volunteer is subject to sanction pursuant to paragraph (7) of this subdivision. 7) Failure of certain SNAP applicants and recipients who are exempt from SNAP work requirements to comply with other work requirements. If a household contains a member who is exempt from work requirements solely because he/she is registered for work under an unemployment compensation work requirement or because he/she is subject to participation in work activities funded under title IV of the Social Security Act, and such individual willfully and without good cause refuses or fails to comply with the work requirements of those programs, such individual must be treated as though he/she has failed to comply with the requirements of this Part. c. Good cause for refusal or failure to comply with public assistance and SNAP employment requirements. 1) The social services official is responsible for determining willfulness and without good cause in those instances where an individual has refused or failed to comply with the requirements of this Part. In determining whether or not the individual’s conduct was willful and without good cause, the social services official must consider the facts and circumstances, including information submitted by the individual subject to such requirements. Good cause includes circumstances beyond the individual's control, such as, but not limited to, illness of the individual, illness of another household member requiring the presence of the individual, inability to participate due to a domestic violence situation, a household emergency, or the lack of adequate child care for dependent children under age 13 that is needed for the individual to participate in work activities assigned by the social services district 2) For noncompliance with public assistance work requirements by an individual who lives in a city with a population of 1,000,000 or more people, there shall be no finding of willful and without good cause based on the refusal or failure to comply with a single appointment or work requirement. 3) The applicant or recipient is responsible for notifying the social services district of the reasons for refusing or failing to comply with an employment requirement and for furnishing evidence to support an alleged exemption from public assistance work