New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 4 - Services to Individuals › Part 385 - Public Assistance And Food Stamp Employment Program Requirements › Section 385.13 - Voluntary termination of employment and voluntary reduction of earning capacity (voluntary quit)

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Public assistance.
(1) For purposes of this
			 section, the term voluntary quit means voluntary termination of employment
			 and/or a reduction in earning capacity for the purpose of qualifying for
			 initial or increased public assistance. Such term shall include individuals who
			 provoke their own termination from employment or provoke an employer to reduce
			 their work hours.
(2) An individual
			 will be disqualified from receiving public assistance for a period specified in
			 this subdivision if the social services official determines that such
			 individual voluntarily quit his/her job.
(3) Public assistance will not be denied to a
			 public assistance applicant or discontinued for a recipient of such public
			 assistance who requests an increase in benefits, unless he/she has been
			 provided a reasonable opportunity to explain why he/she terminated his/her
			 employment or reduced his/her earning capacity or otherwise demonstrated that
			 he/she did not terminate employment or reduce earning capacity for the purpose
			 of qualifying for initial or increased public assistance.
(4) It is the responsibility of the applicant
			 or recipient to provide reasons or otherwise demonstrate that his/her voluntary
			 quit was not for the purpose of qualifying for initial or increased public
			 assistance.
(5) Upon determining
			 that the applicant or recipient voluntarily quit his/her job, the social
			 services district must inform the individual that:
(i) he/she will be provided a reasonable
			 opportunity to explain his/her reasons for such action or otherwise demonstrate
			 that such action was not taken for the purpose of qualifying for initial or
			 increased public assistance; and
(ii) it is his/her responsibility to provide
			 reasons or otherwise demonstrate that such action was not taken for the purpose
			 of qualifying for initial or increased public assistance.
(6) If the applicant or recipient provides
			 reasons or other relevant information regarding his/her voluntary termination
			 of employment or reduced earning capacity, the social services official must
			 determine if the information is sufficient to conclude that the applicant or
			 recipient did not terminate employment or reduce earning capacity to qualify
			 for initial or increased assistance.
(i) If
			 the information is determined to be sufficient, the applicant or recipient will
			 receive or continue to receive public assistance if all other eligibility
			 conditions are met.
(ii) If the
			 information is determined not to be sufficient, the applicant or recipient will
			 receive a notice of denial or intent to reduce or discontinue the public
			 assistance benefits.
(7)
			 If the applicant or recipient provides no reasons for his/her voluntary
			 termination of employment or reduction in earning capacity, then the social
			 services official must conclude that such action was taken with the intent to
			 qualify for initial or increased public assistance.
(8) An applicant or recipient who has been
			 determined by the social services official to have voluntarily terminated
			 his/her employment or reduced his/her earning capacity for the purpose of
			 qualifying for public assistance or increasing his/her public assistance
			 benefits will be disqualified from receiving assistance as follows:
(i) as an applicant, for 90 days from the
			 date of voluntary termination or reduced earning capacity;
(ii) as a recipient, such disqualification
			 will be in accordance with the sanctions prescribed for noncompliance with
			 employment requirements as specified in section
			 385.12(d) 
			 of this Part.