Legislation
SECTION 342
Noncompliance with the requirements of this title
Social Services (SOS) CHAPTER 55, ARTICLE 5, TITLE 9-B
§ 342. Noncompliance with the requirements of this title. 1. In
accordance with the provisions of this section an individual who is
required to participate in work activities shall be ineligible to
receive public assistance if he or she fails to comply, without good
cause, with the requirements of this title. Such ineligibility shall be
for the amount and periods specified in this section. Good cause for
failing to comply with the requirements of this title shall be defined
in department regulations, provided, however, that the parent or
caretaker relative of a child under thirteen years of age shall not be
subject to the ineligibility provisions of this section if the
individual can demonstrate, in accordance with the regulations of the
office of children and family services department, that lack of
available child care prevents such individual from complying with the
work requirements of this title. The parent or caretaker relative shall
be responsible for locating the child care needed to meet the work
requirements; provided, however, that the relevant social services
district shall provide a parent or caretaker relative who demonstrates
an inability to obtain needed child care with a choice of two providers,
at least one of which will be a regulated provider.
2. In the case of an applicant for or recipient of public assistance
who is a parent or caretaker of a dependent child the public assistance
benefits otherwise available to the household of which such individual
is a member shall be reduced pro-rata:
(a) for the first instance of failure to comply without good cause
with the requirement of this article until the individual is willing to
comply;
(b) for the second instance of failure to comply without good cause
with the requirements of this article, for a period of three months and
thereafter until the individual is willing to comply;
(c) for the third and all subsequent instances of failure to comply
without good cause with the requirements of this article, for a period
of six months and thereafter until the individual is willing to comply.
3. In the case of an individual who is a member of a household without
dependent children applying for or in receipt of safety net assistance
the public assistance benefits otherwise available to the household of
which such individual is a member shall be reduced pro-rata:
(a) for the first such failure or refusal, until the failure or
refusal ceases or ninety days, which ever period of time is longer;
(b) for the second such failure or refusal, until the failure ceases
or for one hundred fifty days, whichever period of time is longer; and
(c) for the third and all subsequent such failures or refusals, until
the failure ceases or one hundred eighty days, whichever period of time
is longer.
4. A recipient of public assistance who quits or reduces his hours of
employment without good cause shall be considered to have failed to
comply with the requirements of this article and shall be subject to the
provisions of this section.
5. A person described in paragraph (b) of subdivision seven of section
one hundred fifty-nine of this chapter may not be sanctioned if his or
her failure to comply with requirements of this title are related to his
or her health status.
6. The provisions of this section shall not apply to persons who are
residents of a city having a population of one million or more people.
accordance with the provisions of this section an individual who is
required to participate in work activities shall be ineligible to
receive public assistance if he or she fails to comply, without good
cause, with the requirements of this title. Such ineligibility shall be
for the amount and periods specified in this section. Good cause for
failing to comply with the requirements of this title shall be defined
in department regulations, provided, however, that the parent or
caretaker relative of a child under thirteen years of age shall not be
subject to the ineligibility provisions of this section if the
individual can demonstrate, in accordance with the regulations of the
office of children and family services department, that lack of
available child care prevents such individual from complying with the
work requirements of this title. The parent or caretaker relative shall
be responsible for locating the child care needed to meet the work
requirements; provided, however, that the relevant social services
district shall provide a parent or caretaker relative who demonstrates
an inability to obtain needed child care with a choice of two providers,
at least one of which will be a regulated provider.
2. In the case of an applicant for or recipient of public assistance
who is a parent or caretaker of a dependent child the public assistance
benefits otherwise available to the household of which such individual
is a member shall be reduced pro-rata:
(a) for the first instance of failure to comply without good cause
with the requirement of this article until the individual is willing to
comply;
(b) for the second instance of failure to comply without good cause
with the requirements of this article, for a period of three months and
thereafter until the individual is willing to comply;
(c) for the third and all subsequent instances of failure to comply
without good cause with the requirements of this article, for a period
of six months and thereafter until the individual is willing to comply.
3. In the case of an individual who is a member of a household without
dependent children applying for or in receipt of safety net assistance
the public assistance benefits otherwise available to the household of
which such individual is a member shall be reduced pro-rata:
(a) for the first such failure or refusal, until the failure or
refusal ceases or ninety days, which ever period of time is longer;
(b) for the second such failure or refusal, until the failure ceases
or for one hundred fifty days, whichever period of time is longer; and
(c) for the third and all subsequent such failures or refusals, until
the failure ceases or one hundred eighty days, whichever period of time
is longer.
4. A recipient of public assistance who quits or reduces his hours of
employment without good cause shall be considered to have failed to
comply with the requirements of this article and shall be subject to the
provisions of this section.
5. A person described in paragraph (b) of subdivision seven of section
one hundred fifty-nine of this chapter may not be sanctioned if his or
her failure to comply with requirements of this title are related to his
or her health status.
6. The provisions of this section shall not apply to persons who are
residents of a city having a population of one million or more people.