§ 342 — Noncompliance with the requirements of this title

New York § 342

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

Text

§ 342. Noncompliance with the requirements of this title. 1. In\naccordance with the provisions of this section an individual who is\nrequired to participate in work activities shall be ineligible to\nreceive public assistance if he or she fails to comply, without good\ncause, with the requirements of this title. Such ineligibility shall be\nfor the amount and periods specified in this section. Good cause for\nfailing to comply with the requirements of this title shall be defined\nin department regulations, provided, however, that the parent or\ncaretaker relative of a child under thirteen years of age shall not be\nsubject to the ineligibility provisions of this section if the\nindividual can demonstrate, in accordance with the regulations of the\noffice of children and family services department, that lack of\navailable child care prevents such individual from complying with the\nwork requirements of this title. The parent or caretaker relative shall\nbe responsible for locating the child care needed to meet the work\nrequirements; provided, however, that the relevant social services\ndistrict shall provide a parent or caretaker relative who demonstrates\nan inability to obtain needed child care with a choice of two providers,\nat least one of which will be a regulated provider.\n 2. In the case of an applicant for or recipient of public assistance\nwho is a parent or caretaker of a dependent child the public assistance\nbenefits otherwise available to the household of which such individual\nis a member shall be reduced pro-rata:\n (a) for the first instance of failure to comply without good cause\nwith the requirement of this article until the individual is willing to\ncomply;\n (b) for the second instance of failure to comply without good cause\nwith the requirements of this article, for a period of three months and\nthereafter until the individual is willing to comply;\n (c) for the third and all subsequent instances of failure to comply\nwithout good cause with the requirements of this article, for a period\nof six months and thereafter until the individual is willing to comply.\n 3. In the case of an individual who is a member of a household without\ndependent children applying for or in receipt of safety net assistance\nthe public assistance benefits otherwise available to the household of\nwhich such individual is a member shall be reduced pro-rata:\n (a) for the first such failure or refusal, until the failure or\nrefusal ceases or ninety days, which ever period of time is longer;\n (b) for the second such failure or refusal, until the failure ceases\nor for one hundred fifty days, whichever period of time is longer; and\n (c) for the third and all subsequent such failures or refusals, until\nthe failure ceases or one hundred eighty days, whichever period of time\nis longer.\n 4. A recipient of public assistance who quits or reduces his hours of\nemployment without good cause shall be considered to have failed to\ncomply with the requirements of this article and shall be subject to the\nprovisions of this section.\n 5. A person described in paragraph (b) of subdivision seven of section\none hundred fifty-nine of this chapter may not be sanctioned if his or\nher failure to comply with requirements of this title are related to his\nor her health status.\n 6. The provisions of this section shall not apply to persons who are\nresidents of a city having a population of one million or more people.\n