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

Section 385.2 – Page 11

Rev. 4/2025 individual’s physical abilities and mental health, as well as other factors that may affect the individual’s ability to work. Work activities are those activities listed in 18 NYCRR 385.9, including work experience, job search and job skills training. In certain circumstances, the social services district may also require an individual to participate in other work-related activities, such as treatment, to help move them toward self-sufficiency. The primary exempt/non-exempt categories affect the types of employment-related activities that may be required and the corresponding penalties for noncompliance. Individuals who are incapable, even with accommodation, of participating in work activities or who are excused from participation because of their age or caretaker status are deemed to be exempt. Within the primary exempt/non-exempt categories are individuals with a range of abilities. Certain individuals may have limitations on their ability to work while still being subject to work requirements. For example, an individual who is determined to be work limited due to certain health related barriers is required to participate in work activities which are consistent with the individual’s documented limitations and is subject to the non-exempt penalties. Also, individuals who are exempt from participation in work activities may be able to participate in rehabilitation activities. Individuals with impairments must not be assumed to be exempt and districts should evaluate each individual’s ability to participate in work activities or rehabilitation services through the disability review procedure. Review of Exempt Status Districts must determine whether or not an individual is exempt or non-exempt from work activities before making an employment assignment. Districts must review an individual’s exempt/non-exempt status at application, recertification, or whenever there is reason to believe the status may have changed. Districts may also choose to review an individual’s exempt/non- exempt status during assessment as described in 18 NYCRR 385.6 and 18 NYCRR 385.7. Any time the district is making a determination of whether or not an applicant or recipient suffers from physical or mental health limitations that may affect their ability to participate in work activities, it must follow the disability review procedure specified in 18 NYCRR 385.2 (d) and discussed below. Exemptions from Work Requirements Referenced in: 18 NYCRR 385.2 and SSL § 332 An individual is exempt from the requirement to participate in TA work activities if they are: • ill or injured for up to three months, as verified by medical evidence; • sixty years of age or older; • under sixteen years of age, or under the age of nineteen and attending full time secondary, vocational or technical school;