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NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual
Section 385.2 – Page 31
Rev. 4/2025 Part C - Questions and Answers Participation Requirements/Exemptions Q.1 Can a parent in a two-parent household be exempt because they are the caretaker of a child less than twelve months of age? A.1 Yes, a parent in a two-parent household can be excused from participation because they are the caretaker of a child less than twelve months of age up to a lifetime maximum of twelve months. Because only true single parent families with the exemption are removed from the TANF All Families denominator, the case would remain in the TANF two-parent and All Families denominators and the household is required to meet two-parent participation requirements. For example, a two-parent family without child care is required to participate thirty-five hours weekly. If one parent is exempt because they are the caretaker of a child under twelve months of age, the other parent must participate at least thirty-five hours for the household to meet the minimum participation requirements. Q.2 A Family Assistance applicant has a child who is four months old. Is the applicant exempt? A.2 Normally, the three-month exemption will be used in the first three months after the child’s birth; however, districts have the discretion to allow the exemption for more than three months as long as the parent does not receive the exemption for more than twelve months in their lifetime. The district should consider the need for the exemption based on the household’s circumstances, availability of child care for children this age, the district’s participation rate requirements, and any other pertinent information when determining whether to extend the exemption beyond three months for any one child. Q.3 How long can a person be exempt from employment requirements? A.3 While there is no time limit on how long an individual may be exempt, there is the expectation that certain exempt individuals will progress so they are able to participate in traditional work activities. These individuals should be evaluated periodically to monitor treatment progress and to determine if their ability to participate in work activities has changed. If improvement is not seen within a reasonable amount of time, the need for treatment should be re-evaluated, as well as eligibility for SSI/SSD. For those individuals considered permanently unable to participate, SSI and SSD should be pursued. The condition of those who are denied SSI/SSD should be re-evaluated to determine if rehabilitation or treatment is warranted. Q.4 Must TA applicants and recipients be notified as to whether or not the social services official has determined that they are exempt from work requirements?