NY Soc Serv L § 335-B (2021)
2021 New York Laws SOS - Social Services Article 5 - Assistance and Care Title 9-B - Public Assistance Employment Programs 335-B - Mandatory Work Requirements.

§ 335-b. Mandatory work requirements. 1. Each social services district shall  meet  or  exceed the minimum participation rate for recipients of assistance funded under  the  federal  temporary  assistance  for  needy families  program  participating  in  work activities as specified below with respect to families receiving such assistance. Each  such  district shall also meet or exceed the minimum participation rates for households in  which there is an adult who is receiving safety net assistance. Work activities for which such rates apply are  described  in  section  three hundred thirty-six of this title.  (a)  Such  rate for all families receiving assistance funded under the federal temporary assistance for needy  families  program  shall  be  as follows:   for   federal  fiscal  year  nineteen  hundred  ninety-seven, twenty-five percent;  nineteen  hundred  ninety-eight,  thirty  percent; nineteen  hundred  ninety-nine, thirty-five percent; two thousand, forty percent; two thousand one, forty-five  percent;  two  thousand  two  and thereafter,  fifty  percent.  Such rates shall apply unless the state is required to meet a different rate as imposed by the federal  government, in  which  case  such  different  rate  shall apply in accordance with a methodology approved by the commissioner of the office of temporary  and disability assistance.  (b)  Such  rate  for  two-parent  families receiving assistance funded under the federal temporary assistance for needy families program  shall be  as  follows:  for federal fiscal years nineteen hundred ninety-seven and  nineteen  hundred  ninety-eight,  seventy-five  percent;   nineteen hundred  ninety-nine  and  thereafter,  ninety  percent. Such rate shall apply unless the state is required to meet a different rate  as  imposed by the federal government, in which case such different rate shall apply in  accordance  with  a  methodology approved by the commissioner of the office of temporary and disability assistance.  (c) Such rate for households with dependent children in which there is an adult or minor head of household and which is  receiving  safety  net assistance shall be fifty percent.  (d) Calculation of participation rates. The commissioner of the office of  temporary  and  disability  assistance  shall promulgate regulations which define the participation rate calculation.  Such  calculation  for families   receiving  assistance  funded  under  the  federal  temporary assistance for needy families program pursuant to article  IV-A  of  the social security act shall be consistent with that established in federal law.  (e) Minimum work hours. In order for individuals to be included in the participation rates specified in this subdivision, such individuals must be  engaged  in work as defined in title IV-A of the social security act and in this section for a minimum average  weekly  number  of  hours  as specified below.  (i) For all families, if the month is in federal fiscal year: nineteen hundred ninety-seven and nineteen hundred ninety-eight, twenty hours per week;  nineteen  hundred  ninety-nine,  twenty-five  hours per week; two thousand and thereafter, thirty hours per week.  (ii) For two-parent families or households without dependent children, in any federal or state fiscal year, thirty-five hours per week.  (iii) In the case of a two-parent family  receiving  federally  funded child  care  assistance  and  a  parent in the family is not disabled or caring for a severely disabled  child,  the  individual  and  the  other parent in the family are participating in work activities for a total of at  least  fifty-five  hours  per  week during the month, not fewer than fifty hours  of  which  are  attributable  to  activities  described  in paragraphs  (a)  through (h) and (l) of subdivision one of section three hundred thirty-six of this title.  (f) Such rate for households without dependent children in which there is an adult or minor head of household and which is receiving safety net assistance shall be fifty percent.   2.  Engaged  in  work  for  a  month  shall mean participating in work activities identified  in  subdivision  one  of  section  three  hundred thirty-six  of  this title for the required number of hours specified in this section provided, however, that  at  least  twenty  hours  of  such participation,  or  thirty hours for two-parent families, or fifty hours for two-parent families receiving federally funded  child  care  as  set forth  in subparagraph (iii) of paragraph (d) of subdivision one of this section, shall be attributable to the activities described in paragraphs (a) through (h) and (l) of subdivision  one  of  section  three  hundred thirty-six  of  this title, or for households without dependent children at least twenty hours of participation  shall  be  attributable  to  the activities   set  forth  in  paragraphs  (a)  through  (h)  and  (l)  of subdivision one of section three hundred thirty-six of this  title,  and further  provided  that  participation  in  job search and job readiness assistance as identified in paragraph (f) of subdivision one of  section three  hundred  thirty-six  of  this  title  shall only be determined as engaged in work for a maximum period of six weeks, only  four  of  which may  be  consecutive  as  otherwise  limited  by  federal  law; and that individuals in all families and in two parent families may be engaged in work for a month by reason of participation in  vocational  training  to the   extent   allowed   by   federal   law.  Any  non-graduate  student participating or approved by  CUNY,  SUNY  or  another  degree  granting institution,  or  any  other state or local district approved education, training  or  vocational  rehabilitation  agency   to   participate   in work-study,  or  in  internships,  externships, or other work placements that  are  part  of  the  curriculum  of  that  student,  shall  not  be unreasonably denied the ability to participate in such programs and each hour  of participation shall count toward satisfaction of such student's work activity requirements of this title provided that the district  may consider,  among  other factors, (a) whether the student has voluntarily terminated his or her employment  or  voluntarily  reduced  his  or  her earnings to qualify for public assistance pursuant to subdivision ten of section one hundred thirty-one of this article; (b) whether a comparable job  or on the job training position can reasonably be expected to exist in the private, public or not-for-profit sector; (c)  that  the  student has a cumulative C average or its equivalent, which may be waived by the district  for undue hardship based on (1) the death of a relative of the student, (2) the personal injury or illness of the student, or (3) other extenuating circumstances; and (d) whether the institution cooperates in monitoring students attendance and performance and reports to the  local social  services  department  monthly  on  each  student. Failure of the institution to monitor and  report  monthly  to  local  social  services districts  on  attendance  and  performance of the student's work study, internship, externship or other work placement shall be  cause  for  the department  to  reasonably  deny the student's ability to participate in such programs. Students shall be  subject  to  sanctions  equivalent  to those associated with failure to adequately satisfy their other required work  activities.  In  assigning a non-graduate student participating in work-study, internships, externships or other work placements,  pursuant to  this  section,  to  other  work  activities  the district shall make reasonable effort to assign the student to hours that  do  not  conflict with the student's academic schedule.   3.  For purposes of determining monthly participation rates under this section, a recipient in a one parent family who is the  only  parent  or caretaker  relative  in  the  family of a child who has not attained six  years of age is deemed to  be  engaged  in  work  for  a  month  if  the recipient is engaged in work for an average of at least twenty hours per week during the month.   4.  For  the purposes of this section, a recipient who is married or a head of household and has not attained  twenty  years  of  age  and  who maintains  satisfactory  school  attendance  in  accordance with federal requirements shall be deemed to be engaged in work to the extent allowed by federal law and regulations.   5. (a) Each parent or caretaker  of  a  child,  when  such  parent  or caretaker  is  receiving  public  assistance, must be engaged in work as established by the social  services  district  in  accordance  with  the provisions  of  its  local  plan filed pursuant to section three hundred thirty-three of this title.  (b) Each social services official shall ensure  that  each  parent  or caretaker  of  a  child,  when  such  parent  or  caretaker is receiving benefits under the  federal  temporary  assistance  for  needy  families program,  is  required to be engaged in work as soon as practicable, but no later than twenty-four  months  (whether  or  not  consecutive)  from initial receipt of such assistance.  (c)  Each  social  services  official shall ensure that each parent or caretaker of a child, when such parent or caretaker is receiving  public assistance, is engaged in work as soon as practicable.  (d)  Each social services official shall ensure that each adult member of a household without dependents,  when  such  household  is  receiving public assistance is engaged in work as soon as practicable.  (e) Notwithstanding any other requirement of this section, individuals in  receipt  of public assistance and who are work limited in accordance with section three hundred thirty-two-b of this title shall be  assigned to   work  activities  in  accordance  with  this  title  only  if  such assignment:  (i)  is  consistent  with  the  individual's  treatment  plan  and  is determined  to  be  appropriate  by  the social services official who is satisfied that such person is able to perform the work assigned and that such   assignment   will   assist   the   individual's   transition   to self-sufficiency.   In the event that such assignment is not part of the individual's treatment plan,  the  individual  shall  be  deemed  to  be engaged  in work as defined in this subsection if he or she is complying with the requirements of his or her treatment plan.  (ii)  where  no  treatment  plan  exists,  is  consistent   with   the individual's mental and physical limitations.  (f)  The  social  services  district  shall  communicate to the person supervising  the  work  assignment  of  a  work  limited  recipient  any limitations of the recipient.   6.  Recipients of safety net assistance who are exempt or work limited pursuant to this title shall be determined to  be  engaged  in  work  as defined by department regulation.   7.  Notwithstanding  the  participation rates set forth in subdivision one of this section,  for  purposes  of  receiving  the  enhanced  state reimbursement for administration of income maintenance, food stamps, and employment programs as set forth in subdivision seventeen of section one hundred  fifty-three  of  this  article,  the district must meet a fifty percent average monthly participation rate for the following  categories of  households  in a fiscal year: households receiving assistance funded under the federal temporary assistance for needy  families  block  grant program  in  which  there  is  an  adult or minor head of household; and households with dependent children in which there is an adult  or  minor head  of  household  and  which  is  receiving safety net assistance and payment for which is used to meet the federally required maintenance  of  effort  for  the  temporary  assistance  for needy families block grant; provided, however, that in the first state fiscal  year  in  which  this subdivision  shall  have  become  a law, the participation rate shall be calculated  by  averaging  the monthly participation rate for the period from October first, two  thousand  six  to  December  thirty-first,  two thousand  six  and  for the second year, the participation rate shall be calculated by averaging the monthly participation rate  for  the  period from  October  first,  two  thousand  six  to  September  thirtieth, two thousand seven, and for each year  thereafter,  the  participation  rate shall  be calculated by averaging the monthly participation rate for the federal fiscal year.