2023 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. Provided,
however, that such social  services  official  shall  ensure  that  each
parent  or  caretaker  of a child under the age of five is provided with
information regarding home visiting programs  which  meet  the  criteria
established  pursuant to 42 U.S.C. 711 in their area, and that such home
visiting services may satisfy a portion of  such  individual's  required
work activities.
(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.