N.Y. Comp. Codes R. & Regs. tit. 18 § 385.3

Current through Register Vol. 46, No. 51, December 18, 2024

Section 385.3 - Work registration, registration exemptions, and certain eligibility requirements for SNAP applicants and recipients

(a) Exemptions from SNAP work registration.

(1) Each individual, including migrant/seasonal laborers, is required to register for employment at the time of application for SNAP 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 SNAP 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 3 number of hours represented by the dollar value of the individual's SNAP 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 SNAP 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.

(2)

(i) An individual who loses exempt status due to any change in circumstance subject to the reporting requirements of section 387.17(e) of this Title must be registered for work when the change is reported.

(ii) An individual who loses exempt status due to a change in circumstances not subject to the reporting requirements of section 387.17(e) of this Title must register for work at his/her household's next recertification.

(3) Work registrants must be provided with a written statement of their rights and responsibilities and of the consequences of failure to comply. This statement must be provided at each registration and at recertification.

(4) Each individual or household has a right to a fair hearing to appeal a denial, reduction or termination of benefits due to the social services official's determination of nonexempt status, or determination of failure to comply with work registration or with work requirements specified in this Part.

(b) Strikers who are eligible for SNAP under the criteria set forth in section 387.16 of this Title are subject to the employment requirements of this Part unless they are exempt under subdivision (a) of this section at the time of application.

(c) Work registrant requirements. Work registrants are required to:

(1) participate in SNAP employment programs assigned in accordance with the provisions of this Part if so required by the local social services district. Such programs must be established pursuant to a State SNAP employment and training plan; and

(2) respond to a request from the social services official or his/her designee for supplemental information regarding employment status or availability for work.

(d) SNAP eligibility requirements for able-bodied adults without dependents (ABAWDS).

(1) No individual may participate in the SNAP program if, for at least three months within the most recent 36-month period, he/she participated in such program and did not:

(i) work for at least 80 hours per month; provided, however, that work means:

(a) work in exchange for money;

(b) work in exchange for goods and services ("in-kind" work) or unpaid work (volunteer). For purposes of this subdivision there is no hourly wage requirement, but, the work performed may not violate any State or Federal law or regulation; or

(ii) participate in, for at least 80 hours per month, and comply with the requirements of a work program assigned to such individual by the social services official in accordance with the requirement of this Part, or programs operated under title I of the Workforce Investment Act of 1998 or section 236 of the Federal Trade Act of 1974. Such programs may contain job search or job search training as a subsidiary component if hourly participation in job search or job search training comprises less than one-half of the total hours of participation in any month; or

(iii) work and participate in work programs described in subparagraph (i) or (ii) of this paragraph for a combined total of at least 80 hours per month; or

(iv) participate in and comply with the requirements of a program established by the commissioner in accordance with the provisions of section 20 of the Food Stamp Act of 1977 or a comparable program established by the commissioner in accordance with the requirements of this Part.

(2) Countable months. For purposes of determining the months during which an individual received SNAP benefits without meeting the requirements of paragraph (1) of this subdivision, the following calendar months shall not be considered:

(i) a calendar month during which the individual did not receive SNAP benefits for the full month;

(ii) a calendar month during which the individual is exempt from the ABAWD requirement in accordance with paragraph (5) of this subdivision for all or any part of the calendar month; and

(iii) a calendar month during which the individual received SNAP benefits from or resided in an area of the State covered by a waiver of the ABAWD requirement in accordance with section 6(o) of the Food Stamp Act.

(3) Good cause. If an individual would have worked 80 hours per month but failed to complete some or all of the hours of work, the individual shall be considered to have met the work requirement if the absence from work is with good cause, is temporary, and the individual retains his or her job. The social services official must consider the facts and circumstances of the absence from work in determining good cause. Good cause includes circumstances beyond the individual's control, such as, but not limited to, illness of the individual, illness of a household member that required the presence of the individual, or a household emergency.

(4) Verification of work hours.

(i) An individual subject to the SNAP time limit established by paragraph (1) of this subdivision is required to verify work hours at certification and recertification if he or she is meeting the work requirement by working, combining work and work program participation, or by participating in a program that is not operated by the social services district.

(ii) An individual subject to the SNAP time limit established by paragraph (1) of this subdivision must report changes in work/work program hours that result in the individual working less than 80 hours per month.

(5) The provisions of paragraph (1) of this subdivision do not apply to an individual who:

(i) is exempt from work registration in accordance with subdivision (a) of this section. However, an individual is exempt due to being physically or mentally unfit for employment if the individual:

(a) provides verification of receipt of temporary or permanent disability benefits issued by governmental or private sources; or

(b) is determined by the social services official to be reasonably evident that the individual is mentally or physically unfit for employment. Where unfitness is not evident, the social services official may require documentation from medical personnel that the social services district determines appropriate. The social services official shall have sole discretion in determining whether any documentation provided by the individual or by medical personnel is sufficient evidence of the claimed impairment; or

(ii) is not exempt from work registration but who is:

(a) under 18 years of age;

(b) over 52 years of age (effective through September 30, 2024);

(c) over 54 years of age (effective October 1, 2024);

(d) pregnant;

(e) a parent (birth, adoptive or step) or other adult residing in a household where a household member is under age 18;

(f) a homeless individual;

(g) a veteran;

(h) an individual age 24 or younger who was in foster care on their 18th birthday; or

(i) unable to work at least 80 hours per month due to a physical or mental health limitation (medical statement or other documentation required).

(6)

(i) An individual who is ineligible for SNAP because of the provisions of this section may establish eligibility, if otherwise eligible in accordance with the provisions of this Part, by working or participating in programs described in paragraph (1) of this subdivision within any consecutive 30-day period; provided, however, that work or participation in work programs must be performed for at least 80 hours in the 30-day period.

(ii) For purposes of establishing eligibility in accordance with this paragraph, districts may allow applicant ABAWDs to reestablish eligibility by participating in a 30-day period of job search followed by a work experience placement if no job is obtained.

(iii) For purposes of establishing eligibility in accordance with this paragraph, an individual may be determined eligible for benefits if he or she can verify to the satisfaction of the social services district that he or she will meet the requirements of subparagraph (i) or (ii) of this paragraph within the 30 days subsequent to application.

(iv) Individuals regaining eligibility by working, participating in a work program, or combining hours worked and hours participating in a work program shall have benefits issued back to the date of application.

(v) If an individual who has reestablished eligibility under this paragraph either loses a job or ceases to participate in a work program he/she will be eligible for SNAP for up to one additional three consecutive month period in the 36-month period set forth in paragraph (1) of this subdivision, without working or participating in a work program starting on the date the individual first notifies the social services district that he/she is no longer fulfilling the work requirement; or, if meeting the work requirement by participating in a work or work experience program administered by the social services district, the date the district notifies the individual he/she is no longer meeting the work requirement.

(7) Benefits received in error. Benefits received by an individual in error shall count as a month of benefits received for purposes of determining compliance with this subdivision unless they are repaid in full in accordance with section 387.19 of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 385.3

Amended New York State Register September 4, 2024/Volume XLVI, Issue 36, eff. 9/4/2024