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

Section 385.2 – Page 33

Rev. 4/2025 Q.6 Are individuals who are evaluated for drug/alcohol issues (employability codes 63 and 64) sent the LDSS-4005 and LDSS-4005(a)? A.6 Districts are required to send the LDSS-4005(a) (Notification of Temporary Assistance Work Requirements Determination (Nonexempt)) (or an approved local equivalent) whenever an individual’s status changes from exempt to non-exempt, including for drug/ alcohol issues. Districts are not required to notify an individual who has been determined to be exempt because of drug/alcohol issues (code 63) with the LDSS-4005 (Notification of Temporary Assistance Work Requirements Determination (Exempt)) however, the district should inform the individual of any treatment requirements and that the individual is exempt from work requirements. Q.7 What are the exemptions from the federal participation rate? A.7 The only exemption that removes a case from the denominator for the federal TANF All Families participation rate is a single caretaker relative of a child under one year of age (for three months or longer if decided by the local district) in true single parent cases for a maximum of twelve months in the individual’s lifetime. Two-parent families with the caretaker exemption remain in the TANF All Families and Two-Parent denominators. The Safety Net Individual and Households without Dependent Children participation rate denominator includes the total number of cases without dependent children that include at least one adult receiving TA, without regard to employability status. Q.8 If the medical evaluation confirms an individual has work limitations but is able to work, does this remove the case from the participation rate calculation? A.8 Work limitations do not remove a case from the TANF or Safety Net participation rate denominators. However, for Safety Net Individuals and Households without Dependent Children, an individual participating in a countable activity to capacity qualifies as fully participating and the individual is included in the numerator. In addition, for Safety Net Individuals and Households without Dependent Children, an exempt individual who is participating any number of hours in a countable activity also qualifies as fully participating and is included in the Safety Net numerator and denominator similar to work-limited individuals. Q. 9 When a TA grant is provided for a child living with their parent who is under twenty-one years of age, while the parent’s needs are being met by the grandparents, can the parent in the household be required to participate in work activities? A. 9 Yes, and failure to participate is subject to sanction in accordance with Section 385.12. Under the case circumstances, the parent is part of the TA case because they are legally responsible for the child (filing unit rules). However, because the parent’s needs are met by the grandparents, the case receives a reduced grant. Failure to comply would result in a pro-rata sanction (which in this example, would be 50% of the grant).