N.Y. Social Services Law § 335-b: 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.

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. Provided,

however, that such social services official shall ensure that each

parent or caretaker of a child under the age of five is provided with

information regarding home visiting programs which meet the criteria

established pursuant to 42 U.S.C. 711 in their area, and that such home

visiting services may satisfy a portion of such individual's required

work activities.

(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.