N.Y. Soc. Serv. Law § 332

Current through 2024 NY Law Chapter 456

Section 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.

N.Y. Soc. Serv. Law § 332

Amended by New York Laws 2022, ch. 819,Sec. 1, eff. 12/30/2022.