2023 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.
1-a.  Applicants  for,  or  recipients  of,  public assistance who are
exempt from  work  activities  pursuant  to  paragraph  (d)  or  (e)  of
subdivision  one  of  this  section  shall  be  eligible to receive home
visiting services that meet the  criteria  established  pursuant  to  42
U.S.C.  711,  so  long  as  such  individual meets all other eligibility
criteria established pursuant to the particular home visiting model. The
local  social  services  district  shall  provide  information  to   any
applicant or recipient that is interested in receiving such services and
provide assistance in determining the most appropriate model to meet the
particular needs of the individual.
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.