§ 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.