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

Section 385.2 – Page 28

Rev. 4/2025 Client Penalties for Noncompliance with Employment Requirements The penalty imposed for failure to comply with TA employment requirements will vary depending on whether or not the individual is exempt or non-exempt from assignment to work activities and whether or not the individual is an applicant or a recipient of TA. Specific information regarding the imposition of a work-related sanction or other penalty is contained in Sections 385.11 and 385.12 of this manual. Non-Exempt Sanction Non-Exempt Consequences of Noncompliance • A non-exempt TA applicant or recipient who willfully and without good cause fails or refuses to comply with an employment requirement (other than applicant job search and applicant assessment) is subject to conciliation and a pro-rata sanction (except as noted below). • A non-exempt TA applicant who fails to comply with job search or an assessment is not eligible for TA and the household’s application for TA shall be denied. See 18 NYCRR 385.9(e) and Section 385.9 of this manual for additional information regarding job search and related activities. See 18 NYCRR 385.6 and 18 NYCRR 385.7 and Sections 385.6 and 385.7 of this manual for additional information on assessment requirements. Exempt Individual Ineligible Exempt Consequences of Noncompliance • An exempt individual, who the district has determined has the potential to restore their employability, who without good cause fails or refuses to accept referral to or participate in reasonable medical care, treatment or rehabilitation determined by a medical professional to be necessary to improve the individual’s ability to work, is ineligible for assistance (removed from the case) until compliance (see 18 NYCRR 385.2 (e)) in accordance with 18 NYCRR 385.12. • An exempt TA recipient who willfully and without good cause fails or refuses to comply with assessment requirements is subject to conciliation and a pro-rata sanction in accordance with 18 NYCRR 385.12. • An exempt TA applicant who fails or refuses without good cause to comply with an assessment is not eligible for public assistance and the household’s application for TA shall be denied. See 18 NYCRR 385.6 and 18 NYCRR 385.7 and Sections 385.6 and 385.7 of this manual for more information regarding assessment requirements.