Page 5

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

Section 385.13- Page 5 Rev. 3/2022 occurs or is determined in the last month of his/her certification period must be denied recertification for a disqualification period established pursuant to the provisions of section 385.12(e) of this Part beginning with the first month after the certification period ends. If such individual does not recertify, the disqualification period begins with the month after the month in which the voluntary quit occurred, and a claim must be established for any benefits received by the household during that period of ineligibility. (ii) In the case of a recipient where a voluntary quit by a member of the household has been established, the provisions of subparagraph (i) of this paragraph apply, and the sanction will only apply to the needs of the disqualified member. 9) A household member who is an employee of any Federal, State or local government who is dismissed from his/her job due to participation in a strike is deemed to have voluntarily quit his/her job. The social services official must evaluate such a voluntary quit in accordance with the requirements of this subdivision. However, terminating a self- employment enterprise or resigning a job at the employer's demand cannot be considered a voluntary quit for purposes of this subdivision. In addition, for an individual who quits a job, secures new and comparable employment, but through no fault of his/her own, loses the new job, the earlier quit must not be considered a voluntary quit. 10) Persons who, at the time they terminated employment were exempt from the requirement to participate in SNAP work requirements pursuant to section 385.3 of this Part, are exempt from the voluntary quit provisions. 11) Applicants and recipients must be provided with appropriate notice as specified in section 387.20 of this Title if they are disqualified from participation due to a determination of voluntary quit. Such notification must contain the proposed period of disqualification, notice of the household's or a household member's right to reapply in order to resume participation at the end of the disqualification period established pursuant to the provisions of section 385.12(e) of this Part, and notice of such person's right to a fair hearing. 12) A person who has been disqualified for a voluntary quit and who joins a new household remains ineligible for the remainder of the disqualification period. 13) If an application is filed in the last month of disqualification, the social services official must use the same application for the denial of benefits in the remaining month of disqualification and for certification for any subsequent month(s) if all other eligibility criteria are met. 14) Good cause for leaving employment or reducing work hours. (i) Prior to any action to deny or terminate eligibility, the social services official must determine whether there was good cause for terminating employment or reducing the hours of work to a total of less than 30 hours per week. In determining whether or not