New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICES
Chapter II - Regulations of the Department of Social Services
Subchapter B - Public Assistance
Article 4 - Services to Individuals
Part 385 - Public Assistance And Food Stamp Employment Program Requirements
Section 385.3 - Work registration, registration exemptions, and certain eligibility requirements for SNAP applicants and recipients

(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:

(x) a person age 16 or 17 who is attending school or an employment training program on at least a half-time basis.

(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.

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

(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.

(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.

(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.

(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:

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

(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.