N.Y. Social Services Law § 332: Participation and exemptions

§ 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.