Clarifies conciliation procedures in cases when the recipient of public assistance programs refuses to comply with employment program requirements

Summary of specific provisions

§ 1 - Amends Section 341 of the Social Services Law to:

o require agency to determine if there is an exemption, lack of child care or transportation or an accommodation for disability before issuing a re-engagement notice. Such re-engagement notice shall guarantee the right of a participant to participate in a re-engagement process and avoid a pro-rata reduction in public assistance benefits. Such process shall mean the process through which the participant agrees to comply with any requirements, give reasons for default or demonstrates exemption at a conciliation conference. Such notice shall provide the participant with ten days to request re-engagement and indicate the district has verified the availability of child care, transportation and accommodations for disability at the time of default. It is further provided that if a participant does not agree to comply, is not exempt or the district determines that the default was willful and without good cause, ten days notice of intent shall be issued to discontinue or reduce benefits. Such notice shall include the verifications listed above, actions necessary to avoid discontinuance or reduction, including agreeing to comply, and the right to a fair hearing.

o prohibit sanction during the re-engagement process and establish that if person is otherwise participating in work activities, then there should be no sanction based on single infraction.

o retain conciliation, but only as the most formal tool that a client could use to avoid a sanction.

o establish a written reminder of ability to comply after 30 days of non-compliance.

o institute the right to cure by client either agreeing to comply or notifying the district of their exemption.

§2 - Amends Section 342 of the Social Services Law to eliminate dura- tional sanctions.

§3 - Provides for an immediate effective date.

Justification

Currently, individuals receiving public assistance from local social services districts may have their public assistance payments reduced or stopped due to non-compliance with various rules promulgated by the social services districts. These social services districts currently implement these sanctions for certain specific durations.

These sanctions are punitive to the most at-risk and vulnerable members of our society. When implemented; they remove the client's ability to afford food, housing and various other public assistance guaranteed by the State constitution. When these payments are revoked, it leads to hunger in families and often leads to the commencement of eviction proceedings, which then increases the client's reliance on the social services safety net due to their need for emergency food and shelter.

Under the current process, even where the client misses just one appointment, the local social services district is required to expend time and resources focused on sanctioning the client rather than re-en- gaging the client in work activities as soon as possible. Not only would this bill enable the local social services districts to focus time and resources on the key goal of engagement, it would assist clients in keeping on track with their work activities.

This bill allows for a more streamlined conciliation process by focusing on re-engaging the client.

Prior legislative history

2010 Session - Similar to A.11409 which was reported from Social Services to Codes

Fiscal implications

Savings to the State.

Effective date

This act shall take effect immediately.