Government Benefits

What You Need to Know About Cash Assistance Work Rules & Sanctions

After a prolonged period during which “work activities” were not mandatory in New York City, work rules are now being reintroduced. The penalty for not complying with work rules is that you can lose all or part of your Cash Assistance. This is called a “sanction.” This Know Your Rights gives you some basic information about the return of work rules and how to avoid a sanction.

What are HRA’s work rules?

In exchange for benefits, HRA can require you, as a cash assistance recipient, to attend appointments to determine what type of “work activities” you are required to participate in. Usually, paid work counts as your participation in a work activity. Other than a paying job, “work activities” may include education, training, work experience, rehabilitation, and subsidized or unsubsidized paid employment.

Who must comply with HRA’s work rules?

Everyone receiving cash assistance must participate in countable activities for a minimum number of hours per week unless you are exempt from participating in work activities. (If you are exempt, you are not required or have reduced obligations). To comply with HRA work rules, you are required to participate in an evaluation to determine your preferences and to discuss the activities available to you. If you are already working, you will be required to share proof of your job to HRA to get credit for complying with a work activity, but you should not have to miss work to do so.

Who is exempt from work activities?

You may be exempt from work activities if you are:

Over 60 years old or under the age 16
Under 19 years of age and attending secondary, vocational, or technical school
The parent, or caretaker relative of a child under 1 year
Pregnant and due within 30 days
Ill, incapacitated or a person with a disability (can be fully or partially exempt)
Determined to be needed at home to care for a household member(s)
A victim of domestic violence (can be partially or fully exempt)
A person who needs treatment or is in treatment for substance abuse (can be partially or fully exempt)

What is the process HRA follows to get people in work activities?

Appointment Notice
You will receive a notice requiring you to attend a mandatory appointment to discuss complying with work rules. It may have options for how you can attend the appointment.

Do you have to attend in person? Not necessarily. Notices should include a phone number for people who cannot make the appointment in person. We understand that if you call this number, they can help you reschedule the appointment or allow you to participate via a video call.
What if it is hard for you to attend because of a physical or mental health impairment (“disability”) that limits your ability to work? If getting to the appointment is difficult due to a disability, see below for how you can request a reasonable accommodation.

At the Appointment
The appointment is your opportunity to:

State your preference for what kind of activity you want to do. For example, you can request job training, education, or an internship

-or-

State why you should be exempt from work activities. You can do this by sharing any limitations or barriers you have (including a disability, experiencing domestic/interpersonal violence, being needed at home, participating in substance use treatment, etc.)
Note: You may not have been required to participate in work activities before the pandemic and think your appointment was scheduled in error by HRA, but no, it is not a mistake. HRA is checking to see if you are still exempt/do not need to participate in the work program.

Mandatory Next Steps
If you attend the appointment and do not raise a limitation or barrier to participation, you will be given an assignment to a work activity. If you raise a limitation or barrier, you must participate in a mandatory assessment/evaluation. For example, if you claim a disability, you will get an appointment to go to “WeCARE.” If you are experiencing domestic violence, you may be asked to speak to a “domestic violence liaison.” If you are “needed at home” you will be given forms to fill out.

What happens if I miss an appointment or do not comply?

If you miss your appointment or attend and refuse to participate in work activities, HRA will send you a notice with what is called, “a Conciliation/Re-engagement Appointment.” This is HRA’s attempt to help you comply with their requirements. If you ignore this notice, you can be “sanctioned,” meaning HRA can decrease or discontinue your portion of cash assistance.

At the Conciliation/Re-engagement Appointment you have three choices:

Provide a good cause reason for not attending the original appointment or explain why it was not “willful,” meaning you did not mean to miss the original appointment. Almost any explanation will do, but you must provide a reason.
Tell HRA you are “willing to comply” going forward. This is called “re-engagement.” Re-engagement does not mean you will necessarily have to participate in a work activity. For example, if you claim a physical or mental limitation limits your ability to engage in work activities, you agree to follow the requirements to participate in an assessment by WeCARE. If you are experiencing domestic violence, agreeing to comply may mean getting screened by a Domestic Violence Liaison.
Both provide good cause reason AND say you are willing to comply. You can do both! In fact, we recommend it.

What happens if you ignore the Conciliation/Re-engagement Notice too?

If you ignore the Conciliation/Re-engagement Notice, you will most likely receive another notice saying you are going to be “sanctioned” starting on a specific date, the “effective date.” Once the effective date comes, your case will either be closed, or your benefits will be reduced until you agree to comply with work rules or re-engage with HRA in the required process.

What should I do if I get a notice saying I am going to be sanctioned?

Take the following steps:

Request a Fair Hearing before the effective date on the notice and ask for “aid to continue,” meaning you want your benefits to continue while your Fair Hearing is pending. Note: You may still request a Fair Hearing after the effective date, but you may not get aid to continue. Instead, your case will close until you have a fair hearing and only if the fair hearing decision is favorable.
Request a conference at your HRA Benefits Access Center and tell them you are willing to comply/re-engage and provide a good cause reason you had for missing the other appointments. Need instructions about how to request a Fair Hearing? Check out this useful resource on Fair Hearings.

If I agree to comply, will my sanction be lifted immediately?

No. You need to demonstrate compliance first. Demonstrating compliance means you participate in the work activity process for five days. If you are on a work assignment, this means five days of attendance. If you are seeking an exemption, this might mean showing up to WeCARE and completing an assessment.

What is reasonable accommodation and how do I request one?

A reasonable accommodation is available to people with a mental or physical impairment that makes it difficult for them to do business with the Benefits Access Center. The appointment notice will have instructions on what you need to do to get a reasonable accommodation. Reasonable accommodations include shorter waiting times, scheduling appointments around your regular doctor’s appointments, scheduling appointments when it is not rush hour, helping you complete forms, needing a home visit, and more. Complete this form request for reasonable accommodation.

Additional suggestions for work rules and sanctions

Try your best to attend the appointments scheduled by HRA (in person or via a phone call) and/or document the reason you cannot attend.
If you need a reasonable accommodation, apply for one. This could help you defend yourself later if you have a problem complying with work rules.
Participate in the Conciliation/Re-Engagement Process and give your reason for not attending and show your willingness to comply (even if that means that you are just going through the process of documenting why you should be exempt from work activities).
If you get a notice that you will be sanctioned, request a Fair Hearing right away, before the notice’s effective date, which will mean your benefits will not be interrupted because you will have “aid to continue.”

What if I have a question or need help?

Call The Legal Aid Society’s Access to Benefits (A2B) Helpline. We are open Monday – Friday from 10:00 a.m. to 3:00 p.m. and can be reached directly by calling 888-663-6880.

Disclaimer

The information in this document has been prepared by The Legal Aid Society for informational purposes only and is not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not act upon any information without retaining professional legal counsel.

Last Updated: 6 June

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