NY Soc Serv L § 332 (2021)
2021 New York Laws SOS - Social Services Article 5 - Assistance and Care Title 9-B - Public Assistance Employment Programs 332 - Participation and Exemptions.

§  332.  Participation  and  exemptions. 1. In accordance with federal requirements and this title an applicant for or a  recipient  of  public assistance  shall  not  be required to participate in work activities if such individual is determined by the  social  services  district  to  be exempt because he or she is:  (a)  a person who is ill, incapacitated or sixty years of age or older or deemed to be disabled pursuant to section three hundred  thirty-two-b of this title;  (b)  a  child  who  is  under sixteen years of age or under the age of nineteen and attending fulltime a  secondary,  vocational  or  technical school;  (c)  a person whose full-time presence in the home is required because of the illness or incapacity of another member of the household;  (d) a parent or other relative of a child who is personally  providing care for such child under one year of age for a maximum period of twelve months,  only  three  months  of  which shall be attributable to any one child, except as otherwise extended up to the twelve month period by the social services official;  (e) a woman who is  pregnant,  beginning  thirty  days  prior  to  the medically verified date of delivery of her child.   2. A local social services official shall:  (a)  make diligent efforts to assist a person who needs transportation to  get  to  and  from  a  work  activity   site   in   obtaining   such transportation.    Where  lack  of transportation is a direct barrier to participation in a work  activity,  the  local  district  shall  make  a reasonable  effort  to  assign  the  individual  to  an appropriate work activity at a site in closest possible proximity  to  such  individual's residence;  (b)  allow  and  give  first  consideration to volunteers who have not previously terminated participation in such program without  good  cause to  participate  in  the  program; provided, however, such consideration shall not preclude a district from requiring applicants or recipients to participate  prior  to  consideration  for  or  participation  by   such volunteers  if  such  recipients  or  applicants are determined to be in greater need  of  the  services  provided  pursuant  to  this  title  in accordance  with  criteria established by the district and submitted and approved as part of its local plan which may include, but not be limited to, length of time for which a recipient has been in receipt  of  public assistance benefits, education, age, health and skills.  (c)   in   accordance  with  regulations  of  the  department,  inform applicants and recipients of the opportunity to participate  voluntarily in   work   activities  at  time  of  application,  recertification  and contemporaneously with  receipt  of  public  assistance  benefits  on  a periodic basis.   3.  A  social  services  official  may  require  a participant in work activities to accept a job  only  if  such  official  ensures  that  the participant  and  the  family of such participant will experience no net loss of cash income resulting from acceptance of the job  as  determined under  regulations  of  the  department  consistent with federal law and regulations. Pursuant to regulations of the department  consistent  with federal  law  and  regulations,  a  social services district shall pay a supplement to a participant in the amount  of  such  net  loss  of  cash income  that  would  otherwise  occur.  Such supplement shall constitute public assistance only for purposes of payment  and  reimbursement,  and persons in receipt of such supplement shall not for any other purpose be considered to be recipients of public assistance.