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 385.8 - Participation rate requirements
Universal Citation: 18 NY Comp Codes Rules and Regs ยง 385.8
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Participation rates for all families with dependent children receiving Federal temporary assistance for needy families.
(1) The minimum number of families in each
month for which at least one adult or minor child head of household must be
engaged in work as defined in paragraph (2) of this subdivision must be as
follows:
(i) for Federal fiscal year 1997: 25
percent of the number of cases;
(ii) for Federal fiscal year 1998: 30 percent
of the number of cases;
(iii) for
Federal fiscal year 1999: 35 percent of the number of cases;
(iv) for Federal fiscal year 2000: 40 percent
of the number of cases;
(v) for
Federal fiscal year 2001: 45 percent of the number of cases; and
(vi) for Federal fiscal year 2002 and
thereafter: 50 percent of the cases.
(2) A member of a household shall be engaged
in work if such member is participating in the work activities listed in
paragraph (3) of this subdivision for at least the number of hours per week,
averaged monthly, as specified in subparagraphs (i) through (iii) of this
paragraph, provided, however, that a recipient 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 20 hours per week during the month:
(i) for Federal fiscal years 1997 and 1998:
20 hours;
(ii) for Federal fiscal
year 1999: 25 hours;
(iii) for
Federal fiscal years 2000 and thereafter: 30 hours.
(3) An individual participating in the work
activities identified in section
385.9(a)(1)-(8)
and (12) of this Part for the first 20 hours
per week, shall be deemed to be engaged in work as allowed by Federal
law.
(4) An individual
participating in work activities identified in section
385.9(a)(1)-(12)
of this Part shall be deemed to be engaged in work for the required hours above
20 hours.
(5) A recipient who is
married or a head of household and has not attained 20 years of age is deemed
to be engaged in work for a month if the recipient:
(i) maintains satisfactory attendance at
secondary school or the equivalent during the month; or
(ii) participates for an average of at least
20 hours per week during the month in education directly related to employment
as set forth in section
385.9(a)(10)
of this Part.
(6)
Calculation of the rate.
(i) Denominator.
Each month the commissioner shall determine the number of cases receiving
Federal temporary assistance to needy families.
(a) Such count shall exclude those cases
deemed to be child-only cases in accordance with the provisions of this Title,
and for which the social services official has determined an adult to be exempt
in accordance with the provisions of section
385.2(b)(7)(i)
of this Part regarding caretakers of children under 12 months of age.
(b) Such count shall also exclude for a
period not to exceed three months in each 12-month period all cases in which
the parent or caretaker has been sanctioned in accordance with the provisions
of section
385.12(d)(1)
of this Part.
(ii)
Numerator. The commissioner shall count monthly the number of cases in which at
least one adult or minor child head of household has engaged in work as defined
by this section. Such count shall be the numerator of the
calculation.
(iii) The commissioner
shall calculate the rate monthly by dividing the numerator by the
denominator.
(7) Such
calculation shall be consistent with Federal law and shall apply unless a
different rate is imposed by the Federal government; in such instance the
commissioner shall establish a rate based upon a methodology consistent with
Federal law.
(b) Participation rate for two-parent families with dependent children receiving Federal temporary assistance for needy families.
(1) The minimum number of families in each
month for which the parent or parents must be engaged in work as defined in
paragraph (2) of this subdivision must be as follows:
(i) for Federal fiscal years 1997 and 1998:
75 percent of the number of families;
(ii) for Federal fiscal year 1999 and
thereafter: 90 percent of the number of families.
(2) For Federal fiscal year 1997 and
thereafter, a parent or both parents in a two-parent family shall be engaged in
work if either or both parents are deemed to be participating in the work
activities listed in this paragraph for at least the number of hours per week,
averaged monthly, as specified in subparagraphs (i) and (ii) of this paragraph
and as limited by Federal law:
(i) if no
federally funded child care is made available to the family, one or both
parents for a total of 35 hours not fewer than 30 hours per week of which are
attributable to an activity described in section
385.9(a)(1)-(8)
or (12) of this Part;
(ii) if federally funded child care is
provided to the family, both parents for a total of 55 hours, not fewer than 50
hours per week of which are attributable to an activity described in section
385.9(a)(1)-(8)
or (12) of this Part;
(iii) a parent or both parents participating
in work activities identified in section
385.9(a)(1)-(12)
of this Part shall be deemed to be engaged in work for the required hours above
the 30 hours and 50 hours set forth in subparagraphs (i) and (ii) of this
paragraph.
(3)
Calculation of the rate.
(i) Denominator.
Each month the commissioner shall determine the number of two-parent families
in which such parents have a child in common (includes spousal relationship and
non-legal union with child in common) receiving Federal temporary assistance to
needy families.
(a) Such count shall exclude
those cases in which one adult is disabled, ill or incapacitated in accordance
with the provisions of section
385.2
of this Part.
(b) Such count shall
exclude those active cases in which one or both adult members are sanctioned
pursuant to section
385.12
of this Part; provided, however, that such exclusion shall not exceed three
months in any 12-month period.
(ii) Numerator. The commissioner shall count
monthly the number of cases in which a parent or both parents are engaged in
work as defined by this section. Such count shall be the numerator of the
calculation.
(iii) The commissioner
shall calculate the rate monthly by dividing the numerator by the
denominator.
(c) Participation rate for all families without dependent children and all families with dependent children which are receiving safety net assistance excluding those receiving Federal temporary assistance for needy families benefits.
(1)
For all families for each month in which at least one parent is not exempt in
accordance with the provisions of section
385.2
of this Part, the percentage of families for which at least one adult or minor
child head of household must be engaged in work as defined in paragraph (2) of
this subdivision must be as follows:
(i) for
Federal fiscal years 1997 and 1998: 75 percent of the number of
families;
(ii) for Federal fiscal
year 1999 and thereafter: 90 percent of the number of families.
(2) For Federal fiscal year 1997
and thereafter, the adults in a family without dependent children or one or
both parents in a family with dependent children shall be deemed to be engaged
in work if such members are participating in the work activities listed in
paragraph (3) of this subdivision for a total of at least the number of hours
per week, averaged monthly, as specified in subparagraphs (i) through (iii) of
this paragraph, or otherwise participating as defined by subparagraphs (iv)
through (ix) of this paragraph.
(i) In the
case of one parent families with dependent children:
(a) for Federal fiscal years 1997 and 1998:
20 hours;
(b) for Federal fiscal
year 1999: 25 hours;
(c) for
Federal fiscal years 2000 and thereafter: 30 hours.
(ii) In the instance of two-parent families
where child care is provided, one or both adults or parents for a total of 55
hours.
(iii) In the instance of
adults in families without dependent children or parents in two-parent families
where child care is not provided or one parent is caring for a disabled child,
one or both adults or parents for a total of 35 hours.
(iv) The individual has been called in by the
social services official for a referral or assignment to a work activity
identified in paragraphs (3) through (8) of this subdivision, has failed to
report, and to whom a conciliation notice has been sent.
(v) The individual has been assigned to a
work activity identified in paragraphs (3) through (8) of this subdivision;
provided, however, that such individual shall be considered engaged in work
only during the month in which such assignment is made.
(vi) The individual has been referred to a
work activity identified in paragraphs (3) through (8) of this subdivision for
the purpose of an interview and possible assignment to such activity; provided,
however, that the individual will be considered engaged in work only during the
month in which such referral is made.
(vii) The individual has been sent a
conciliation notice for failure to participate in a work activity identified in
paragraphs (3) through (8) of this subdivision and such participation would
have met the hourly requirements identified in this subdivision for being
engaged in work.
(viii) The
individual has been sent a timely and adequate notice of intent to discontinue
public assistance for the failure to comply with the requirements of this Part
and such notice has yet to take effect.
(ix) The individual has requested a fair
hearing in accordance with the requirements of this Part and Part 358 of this
Title, the results of which have not been provided to the social services
official.
(3) An adult
in a single parent family participating in the work activities identified in
section
385.9(a)(1)-(8)
and (12) of this Part for the first 20 hours
per week, shall be deemed to be engaged in work.
(4) An adult in a single parent family
participating in work activities identified in section
385.9(a)(1)-(12)
of this Part shall be deemed to be engaged in work for the required hours above
20 hours.
(5) One or both parents
in a two-parent family participating in the work activities identified in
section
385.9(a)(1)-(8)
and (12) of this Part for the first 30 hours
per week, shall be deemed to be engaged in work.
(6) A parent or both parents in a two-parent
family participating in work activities identified in section
385.9(a)(1)-(12)
of this Part shall be deemed to be engaged in work for the required hours above
30 hours.
(7) All adults in a
family without dependent children participating in the work activities
identified in section
385.9(a)(1)-(5)
of this Part for the first 30 hours per week, shall be deemed to be engaged in
work.
(8) All adults in a family
without dependent children in work activities identified in section
385.9(a)(1)-(12)
of this Part shall be deemed to be engaged in work for the required hours above
30 hours.
(9) Calculation of the
rate.
(i) Denominator. Each month the
commissioner shall determine the number of households receiving safety net
assistance in which there is a nonexempt adult.
(ii) Numerator. The commissioner shall count
monthly the number of adult individuals that are engaged in work as defined by
this section. Such count shall be the numerator of the calculation.
(iii) The commissioner shall calculate the
rate monthly by dividing the numerator by the denominator.
(10) Notwithstanding the requirements of this
subdivision, the commissioner may identify those individuals or families who
are participating in work experience to the fullest extent possible based on
the limitation to maximum hours required as set forth in section
385.9
of this Part and deem them to be engaged in work for the purpose of calculating
the participation rate.
(11)
Notwithstanding the requirements of this subdivision, an individual who is work
limited shall be deemed to be engaged in work and, therefore, count in the
numerator if such individual is assigned to a work activity identified in
paragraph (7) of this subdivision for a number of hours determined by the
social services official after taking into consideration such
limitations.
(12) For the purposes
of this subdivision, an individual who is work limited due to an impairment
related to alcohol or substance abuse shall not be deemed engaged in work
solely by participating in an alcohol or substance abuse treatment program
unless such individual is engaged in a work activity as a part of such
treatment program.
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