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 385.3 - Work registration, registration exemptions, and certain eligibility requirements for food stamp applicants and recipients

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Exemptions from food stamp work
			 registration.
(1) Each individual, including
			 migrant/seasonal laborers, is required to register for employment at the time
			 of application for food stamp benefits unless the individual is:
(i) younger than 16 years of age, or is 60
			 years of age or older;
(ii)
			 physically or mentally unfit for employment;
(iii) subject to and complying with any work
			 requirement under title IV of the Social Security Act (SSA); provided, however,
			 that an individual participating in a work experience program in accordance
			 with the provisions of title IV-A of the SSA and of this Part may also be
			 required to participate in work experience for the number of hours represented
			 by the dollar value of the individual's food stamp benefit divided by the
			 Federal or State minimum wage, whichever is higher;
(iv) a parent or household member who is
			 responsible for the physical care of a dependent child under the age of six or
			 of an incapacitated person; provided, however, that an individual participating
			 in a work experience program in accordance with the provisions of title IV-A of
			 the SSA and of this Part may also be required to participate in work experience
			 for the number of hours represented by the dollar value of the individual's
			 food stamp benefit divided by the Federal or State minimum wage, whichever is
			 higher;
(v) a recipient of
			 unemployment compensation. An applicant for unemployment compensation is exempt
			 if he/she was required to register for work as part of the unemployment
			 compensation application process;
(vi) a regular participant in a drug or
			 alcohol treatment and rehabilitation program; for the purposes of this
			 subparagraph, a regular participant shall be defined as an individual who is
			 determined unable to work and participating in treatment in accordance with the
			 requirements of section
			 351.2(i) 
			 of this Title or otherwise engaged in drug or alcohol treatment to an extent
			 that assignment to work activities is impractical;
(vii) employed or self-employed and working a
			 minimum of 30 hours weekly or receiving weekly earnings at least equal to the
			 Federal minimum wage multiplied by 30 hours. This provision includes migrant
			 and seasonal farm workers who are under contract or similar agreement with an
			 employer or crew chief to begin employment within 30 days;
(viii) a student enrolled at least half-time
			 in any recognized school, training program or institution of higher education.
			 A student enrolled at least half-time in an institution of higher education
			 must have met the student eligibility criteria in section
			 387.1  of
			 this Title. A student remains exempt during normal periods of attendance,
			 vacation, and recess, unless there is a break in the student's enrollment
			 status due to graduation, suspension, expulsion, or intent not to return to
			 school;
(ix) an applicant for SSI
			 and food stamps under the joint processing provisions until such time as the
			 individual is:
(a) determined to be eligible
			 for SSI and, thereby, exempt from work registration; or
(b) determined to be ineligible for SSI and a
			 subsequent redetermination of his/her work registration status is made;
			 or
(x) a person age 16
			 or 17 who is attending school or an employment training program on at least a
			 half-time basis.