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

Section 385.8- Page 20 Rev. 3/2022 Part C - Questions and Answers Q.1 Does the SNA non-MOE participation rate calculation reflect sanctioned status similar to the TANF calculation? A.1 No. Under the Safety Net Program individuals who are being conciliated, individuals sent a notice of intent until the sanction takes effect, and individuals who have requested a fair hearing relating to employment requirements are included as otherwise participating and remain in the numerator, and the related case in the denominator. Currently, the system removes TANF cases from the TANF denominator once a sanction has been imposed (for up to 3 months in the preceding 12-month period). If the TANF case stays open and the individual fails to comply, the case returns to the denominator after 3 months. This exclusion does not apply to single person SNA non-MOE cases as the sanction action would close the single individual’s case, in cases with multiple adults, the sanctioned individual is not active on the case and will not be included in the numerator. Q.2 Under SNA non-MOE, do work-limited nonexempt recipients count as participants regardless of the activity and hours of participation? A.2 SNA non-MOE individuals that are work-limited nonexempt recipients count as participants regardless of the hours of participation as long as they are participating the maximum number of hours allowed by their health related limitation in unsubsidized employment, subsidized private sector or public sector employment, work experience, on-the-job training, job search and job readiness training (6-12 week limit) community service, vocational education (12 month lifetime limit) or the provision of child-care for a community service participant. This applies to both SNA MOE and SNA non-MOE households. Q.3 Which acts of noncompliance are considered when determining which cases are excluded from the TANF denominator for up to 3 months in a 12-month period? A.3 The federal rule is that individuals who refuse to engage in work activities (willfully and without good cause) must be sanctioned. This includes the requirement for non-exempt individuals to participate in an employment or training activity or to participate in a substance abuse rehabilitation program that is part of the individual’s employment plan. Therefore, cases in which an individual is subject to penalty or sanctioned for failing to comply with a work requirement, including failing to participate in substance abuse rehabilitation which was required as part of the nonexempt individual’s employment plan, result in the case being excluded from the denominator for up to three months in a 12- month period. Individual level sanction reason codes that would remove a case from the All Families Denominator are: WE1, WE2, WE3, N41, N42, N43, M74, P44, P45, P46, PX1, PX2, PX3, MX1, MX2, MX3, and M77.