§ 335-B — Mandatory work requirements

New York § 335-B

• Jurisdiction: New York
• Law SOS: Social Services
• Title 9-B: Public Assistance Employment Programs
• Art. 5: Assistance and Care

Text

§ 335-b. Mandatory work requirements. 1. Each social services district\nshall meet or exceed the minimum participation rate for recipients of\nassistance funded under the federal temporary assistance for needy\nfamilies program participating in work activities as specified below\nwith respect to families receiving such assistance. Each such district\nshall also meet or exceed the minimum participation rates for households\nin which there is an adult who is receiving safety net assistance. Work\nactivities for which such rates apply are described in section three\nhundred thirty-six of this title.\n (a) Such rate for all families receiving assistance funded under the\nfederal temporary assistance for needy families program shall be as\nfollows: for federal fiscal year nineteen hundred ninety-seven,\ntwenty-five percent; nineteen hundred ninety-eight, thirty percent;\nnineteen hundred ninety-nine, thirty-five percent; two thousand, forty\npercent; two thousand one, forty-five percent; two thousand two and\nthereafter, fifty percent. Such rates shall apply unless the state is\nrequired to meet a different rate as imposed by the federal government,\nin which case such different rate shall apply in accordance with a\nmethodology approved by the commissioner of the office of temporary and\ndisability assistance.\n (b) Such rate for two-parent families receiving assistance funded\nunder the federal temporary assistance for needy families program shall\nbe as follows: for federal fiscal years nineteen hundred ninety-seven\nand nineteen hundred ninety-eight, seventy-five percent; nineteen\nhundred ninety-nine and thereafter, ninety percent. Such rate shall\napply unless the state is required to meet a different rate as imposed\nby the federal government, in which case such different rate shall apply\nin accordance with a methodology approved by the commissioner of the\noffice of temporary and disability assistance.\n (c) Such rate for households with dependent children in which there is\nan adult or minor head of household and which is receiving safety net\nassistance shall be fifty percent.\n (d) Calculation of participation rates. The commissioner of the office\nof temporary and disability assistance shall promulgate regulations\nwhich define the participation rate calculation. Such calculation for\nfamilies receiving assistance funded under the federal temporary\nassistance for needy families program pursuant to article IV-A of the\nsocial security act shall be consistent with that established in federal\nlaw.\n (e) Minimum work hours. In order for individuals to be included in the\nparticipation rates specified in this subdivision, such individuals must\nbe engaged in work as defined in title IV-A of the social security act\nand in this section for a minimum average weekly number of hours as\nspecified below.\n (i) For all families, if the month is in federal fiscal year: nineteen\nhundred ninety-seven and nineteen hundred ninety-eight, twenty hours per\nweek; nineteen hundred ninety-nine, twenty-five hours per week; two\nthousand and thereafter, thirty hours per week.\n (ii) For two-parent families or households without dependent children,\nin any federal or state fiscal year, thirty-five hours per week.\n (iii) In the case of a two-parent family receiving federally funded\nchild care assistance and a parent in the family is not disabled or\ncaring for a severely disabled child, the individual and the other\nparent in the family are participating in work activities for a total of\nat least fifty-five hours per week during the month, not fewer than\nfifty hours of which are attributable to activities described in\nparagraphs (a) through (h) and (l) of subdivision one of section three\nhundred thirty-six of this title.\n (f) Such rate for households without dependent children in which there\nis an adult or minor head of household and which is receiving safety net\nassistance shall be fifty percent.\n 2. Engaged in work for a month shall mean participating in work\nactivities identified in subdivision one of section three hundred\nthirty-six of this title for the required number of hours specified in\nthis section provided, however, that at least twenty hours of such\nparticipation, or thirty hours for two-parent families, or fifty hours\nfor two-parent families receiving federally funded child care as set\nforth in subparagraph (iii) of paragraph (d) of subdivision one of this\nsection, shall be attributable to the activities described in paragraphs\n(a) through (h) and (l) of subdivision one of section three hundred\nthirty-six of this title, or for households without dependent children\nat least twenty hours of participation shall be attributable to the\nactivities set forth in paragraphs (a) through (h) and (l) of\nsubdivision one of section three hundred thirty-six of this title, and\nfurther provided that participation in job search and job readiness\nassistance as identified in paragraph (f) of subdivision one of section\nthree hundred thirty-six of this title shall only be determined as\nengaged in work for a maximum period of six weeks, only four of which\nmay be consecutive as otherwise limited by federal law; and that\nindividuals in all families and in two parent families may be engaged in\nwork for a month by reason of participation in vocational training to\nthe extent allowed by federal law. Any non-graduate student\nparticipating or approved by CUNY, SUNY or another degree granting\ninstitution, or any other state or local district approved education,\ntraining or vocational rehabilitation agency to participate in\nwork-study, or in internships, externships, or other work placements\nthat are part of the curriculum of that student, shall not be\nunreasonably denied the ability to participate in such programs and each\nhour of participation shall count toward satisfaction of such student's\nwork activity requirements of this title provided that the district may\nconsider, among other factors, (a) whether the student has voluntarily\nterminated his or her employment or voluntarily reduced his or her\nearnings to qualify for public assistance pursuant to subdivision ten of\nsection one hundred thirty-one of this article; (b) whether a comparable\njob or on the job training position can reasonably be expected to exist\nin the private, public or not-for-profit sector; (c) that the student\nhas a cumulative C average or its equivalent, which may be waived by the\ndistrict for undue hardship based on (1) the death of a relative of the\nstudent, (2) the personal injury or illness of the student, or (3) other\nextenuating circumstances; and (d) whether the institution cooperates in\nmonitoring students attendance and performance and reports to the local\nsocial services department monthly on each student. Failure of the\ninstitution to monitor and report monthly to local social services\ndistricts on attendance and performance of the student's work study,\ninternship, externship or other work placement shall be cause for the\ndepartment to reasonably deny the student's ability to participate in\nsuch programs. Students shall be subject to sanctions equivalent to\nthose associated with failure to adequately satisfy their other required\nwork activities. In assigning a non-graduate student participating in\nwork-study, internships, externships or other work placements, pursuant\nto this section, to other work activities the district shall make\nreasonable effort to assign the student to hours that do not conflict\nwith the student's academic schedule.\n 3. For purposes of determining monthly participation rates under this\nsection, a recipient in a one parent family who is the only parent or\ncaretaker relative in the family of a child who has not attained six\nyears of age is deemed to be engaged in work for a month if the\nrecipient is engaged in work for an average of at least twenty hours per\nweek during the month.\n 4. For the purposes of this section, a recipient who is married or a\nhead of household and has not attained twenty years of age and who\nmaintains satisfactory school attendance in accordance with federal\nrequirements shall be deemed to be engaged in work to the extent allowed\nby federal law and regulations.\n 5. (a) Each parent or caretaker of a child, when such parent or\ncaretaker is receiving public assistance, must be engaged in work as\nestablished by the social services district in accordance with the\nprovisions of its local plan filed pursuant to section three hundred\nthirty-three of this title.\n (b) Each social services official shall ensure that each parent or\ncaretaker of a child, when such parent or caretaker is receiving\nbenefits under the federal temporary assistance for needy families\nprogram, is required to be engaged in work as soon as practicable, but\nno later than twenty-four months (whether or not consecutive) from\ninitial receipt of such assistance.\n (c) Each social services official shall ensure that each parent or\ncaretaker of a child, when such parent or caretaker is receiving public\nassistance, is engaged in work as soon as practicable. Provided,\nhowever, that such social services official shall ensure that each\nparent or caretaker of a child under the age of five is provided with\ninformation regarding home visiting programs which meet the criteria\nestablished pursuant to 42 U.S.C. 711 in their area, and that such home\nvisiting services may satisfy a portion of such individual's required\nwork activities.\n (d) Each social services official shall ensure that each adult member\nof a household without dependents, when such household is receiving\npublic assistance is engaged in work as soon as practicable.\n (e) Notwithstanding any other requirement of this section, individuals\nin receipt of public assistance and who are work limited in accordance\nwith section three hundred thirty-two-b of this title shall be assigned\nto work activities in accordance with this title only if such\nassignment:\n (i) is consistent with the individual's treatment plan and is\ndetermined to be appropriate by the social services official who is\nsatisfied that such person is able to perform the work assigned and that\nsuch assignment will assist the individual's transition to\nself-sufficiency. In the event that such assignment is not part of the\nindividual's treatment plan, the individual shall be deemed to be\nengaged in work as defined in this subsection if he or she is complying\nwith the requirements of his or her treatment plan.\n (ii) where no treatment plan exists, is consistent with the\nindividual's mental and physical limitations.\n (f) The social services district shall communicate to the person\nsupervising the work assignment of a work limited recipient any\nlimitations of the recipient.\n 6. Recipients of safety net assistance who are exempt or work limited\npursuant to this title shall be determined to be engaged in work as\ndefined by department regulation.\n 7. Notwithstanding the participation rates set forth in subdivision\none of this section, for purposes of receiving the enhanced state\nreimbursement for administration of income maintenance, food stamps, and\nemployment programs as set forth in subdivision seventeen of section one\nhundred fifty-three of this article, the district must meet a fifty\npercent average monthly participation rate for the following categories\nof households in a fiscal year: households receiving assistance funded\nunder the federal temporary assistance for needy families block grant\nprogram in which there is an adult or minor head of household; and\nhouseholds with dependent children in which there is an adult or minor\nhead of household and which is receiving safety net assistance and\npayment for which is used to meet the federally required maintenance of\neffort for the temporary assistance for needy families block grant;\nprovided, however, that in the first state fiscal year in which this\nsubdivision shall have become a law, the participation rate shall be\ncalculated by averaging the monthly participation rate for the period\nfrom October first, two thousand six to December thirty-first, two\nthousand six and for the second year, the participation rate shall be\ncalculated by averaging the monthly participation rate for the period\nfrom October first, two thousand six to September thirtieth, two\nthousand seven, and for each year thereafter, the participation rate\nshall be calculated by averaging the monthly participation rate for the\nfederal fiscal year.\n