2006 New York Code - 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.
    * NB Effective until June 30, 2006
    * 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.
    * NB Effective June 30, 2006
    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.
    (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.