2006 New York Code - Noncompliance With The Requirements Of This Title

 
    §  342.  Noncompliance  with  the  requirements of this title.   1. In
  accordance with the provisions of this  section  an  individual  who  is
  required  to  participate  in  work  activities  shall  be ineligible to
  receive public assistance if he or she fails  to  comply,  without  good
  cause,  with the requirements of this title. Such ineligibility shall be
  for the amount and periods specified in this  section.  Good  cause  for
  failing  to  comply with the requirements of this title shall be defined
  in  department  regulations,  provided,  however,  that  the  parent  or
  caretaker  relative  of a child under thirteen years of age shall not be
  subject  to  the  ineligibility  provisions  of  this  section  if   the
  individual  can  demonstrate,  in accordance with the regulations of the
  office  of  children  and  family  services  department,  that  lack  of
  available  child  care  prevents such individual from complying with the
  work requirements of this title. The parent or caretaker relative  shall
  be  responsible  for  locating  the  child  care needed to meet the work
  requirements; provided,  however,  that  the  relevant  social  services
  district  shall  provide a parent or caretaker relative who demonstrates
  an inability to obtain needed child care with a choice of two providers,
  at least one of which will be a regulated provider.
    2. In the case of an applicant for or recipient of  public  assistance
  who  is a parent or caretaker of a dependent child the public assistance
  benefits otherwise available to the household of which  such  individual
  is a member shall be reduced pro-rata:
    (a)  for  the  first  instance of failure to comply without good cause
  with the requirement of this article until the individual is willing  to
  comply;
    (b)  for  the  second instance of failure to comply without good cause
  with the requirements of this article, for a period of three months  and
  thereafter until the individual is willing to comply;
    (c)  for  the  third and all subsequent instances of failure to comply
  without good cause with the requirements of this article, for  a  period
  of six months and thereafter until the individual is willing to comply.
    3. In the case of an individual who is a member of a household without
  dependent  children  applying for or in receipt of safety net assistance
  the public assistance benefits otherwise available to the  household  of
  which such individual is a member shall be reduced pro-rata:
    (a)  for  the  first  such  failure  or  refusal, until the failure or
  refusal ceases or ninety days, which ever period of time is longer;
    (b) for the second such failure or refusal, until the  failure  ceases
  or for one hundred fifty days, whichever period of time is longer; and
    (c)  for the third and all subsequent such failures or refusals, until
  the failure ceases or one hundred eighty days, whichever period of  time
  is longer.
    4.  A recipient of public assistance who quits or reduces his hours of
  employment without good cause shall be  considered  to  have  failed  to
  comply with the requirements of this article and shall be subject to the
  provisions of this section.
    5. A person described in paragraph (b) of subdivision seven of section
  one  hundred  fifty-nine of this chapter may not be sanctioned if his or
  her failure to comply with requirements of this  title  are  related  to
  his or her health status.