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

Section 385.8- Page 21 Rev. 3/2022 Q.4 Which exemptions meet the state’s definition of “disabled” for purposes of determining which two-parent cases are excluded from the two-parent count? A.4 Federal law allows two-parent cases in which one of the parents is “disabled” to not count as two-parent cases for participation rate purposes, although such cases remain in the TANF/SNA-MOE All Families rate calculation. The Department has defined “disabled” to include disabled, ill and incapacitated as defined in 385.2. Specifically, this definition includes the following employability codes:  24 – Pregnant (Within 30 days of Medically Verified Date of Delivery)/Exempt  36 – Incapacitated/Disabled (more than 6 Months)/Exempt  41 – Temporary Illness or Incapacity (1 to 3 Month Exemption)/Exempt  42 – Temporary Incapacity or Incapacity (4 to 6 Month Exemption)/Exempt  43 – Incapacitated/Disabled (SSI Application Filed)/Exempt  44 – Incapacitated/Disabled (In Receipt of SSI)/Exempt  63 – Substance Abuser Exempt  70 – Contesting Employability Determination Including the Disability Review Process/Exempt Districts should only use code 70 for persons contesting employability based upon one of the disability issues listed above. Q.5 Are two-parent cases that are treated as single parent cases due to one of the parents being disabled eligible for the 12-month exemption for having a child under the age of one? A.5 No. The federal rule indicates that only true single custodial parents caring for a child who has not attained 12 months of age can be disregarded in determining the participation rate. Q.6 What is the definition of a child only case for participation rate purposes? A.6 For participation rate purposes, child only cases are cases in which all persons in receipt of TANF assistance are children (cases in which the parent(s) or caretaker, although in the household, is not receiving TANF assistance). Cases in which the parent or caretaker is sanctioned do not become child only cases. Q.7 How many hours do two-parent families have to participate if one parent is disabled or caring for a disabled household member? A.7 Two-parent TANF families in which one parent is disabled and exempt are treated like single parent families for participation rate purposes and are required to participate 30 hours weekly, at least 20 of which is in a core activity, to count toward the All Families rate. As noted above in the section titled, TANF/SNA MOE Two Parent Families Participation Rate Policy, New York State has chosen to shift out the non-disabled two parent families regardless of their level of participation from both the TANF/SNA-MOE and SNA non-MOE participation rates. Nonexempt adults in Two Parent Families should be assigned to participate fully (up to 40 hours weekly) in appropriate countable work activities regardless of the participation rate requirements.