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NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual Section 385.7 – Page 8 Rev. 4/2025 Part C - Questions and Answers Q.1 Can the district sanction an individual who refuses to comply with a work activity assigned in accordance with the employment plan, e.g., basic education, but who is willing to do another work activity, such as work experience? A.1 Yes. If the district determines that the individual needs the activity assigned to reach self- sufficiency or the assignment is necessary in meeting the district’s 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.2 What happens to an applicant or recipient who fails willfully and without good cause to attend an assessment? A.2 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. Note: Unlike other employment sanctions which result in a prorata reduction in TA benefits, the change in TA benefits for the household when a non-legally responsible individual willfully and without good cause refuses or fails to comply with TA employment requirements other than applicant assessment or applicant job search would be an incremental reduction to remove the noncompliant individual from the TA budget. The district must notify the household of the employment sanction and the individual would be sanctioned from TA in accordance with the sanction progression for households with dependent children, if the household includes a dependent child or the sanction progression for households without dependent children, if the household does not include a dependent child as identified in 18 NYCRR §385.12. Essential persons receiving TA as part of a Family Assistance case would be considered to be residing in a household with dependent children for the purpose of determining the TA sanction progression under 18 NYCRR 385.12. A recipient who fails to comply with an assessment requirement is subject to the same conciliation and sanction as one who fails to comply with other work activity requirements. Q.3 Are districts permitted to conduct an employment assessment by telephone if conducting an in-person assessment is not feasible?