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

Section 385.6 – Page 8 Rev. 4/2025 Part C - Questions and Answers Q.1 When should an assessment be completed and how often should an individual be re- assessed after the initial assessment is completed? A.1. All TA recipients who reside in households with dependent children and who are adults 18 years of age or older, and those children who are 16 and 17 years old who are not attending secondary school and have not completed high school or an equivalency program, must be assessed within 90 days from when the individual is determined eligible for TA. Districts are encouraged to complete employment assessments as soon after an individual has applied for TA as is practicable and to thereafter reassess individual circumstances and activity assignments as circumstances warrant, no less frequently than annually. Q.2 Can the district sanction an individual who refuses to comply with a work activity assigned in accordance with the employability plan, e.g., basic education, but who is willing to do another work activity, such as work experience? A.2 Yes. If the district determines that the individual needs the activity assigned to reach self- sufficiency or the assignment is necessary for the district to meet its participation rate, then it can sanction the individual for refusing or failing to comply with the assignment. Of course, the procedure for conciliation must be followed (Section 385.11). Q.3 What happens to an applicant or recipient who fails willfully and without good cause to attend an assessment? A.3 Failure to comply with applicant assessment requirements results in denial of the TA application for the household. No conciliation is required. However, in those instances where the individual who failed to comply with applicant assessment requirements is not a legally responsible relative of another member of the assistance unit, only the individual should be denied (individual ineligible) TA. TA eligibility for the remaining household should be determined consistent with existing procedures. For example, a 19 year old individual who is residing with their parent and fails to comply with applicant assessment would be denied TA benefits, but the district would still determine the eligibility of the remaining household members who applied for TA. A TA recipient who fails to comply with an employment assessment must be offered conciliation and would be subject to an employment sanction in accordance with 18 NYCRR §385.12, in those instances where the district determines that the individual willfully and without good cause failed to comply with employment assessment requirements.