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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.
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.
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.
You may be exempt from work activities if you are:
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.
At the Appointment The appointment is your opportunity to:
-or-
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.
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:
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.
Take the following steps:
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.
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.
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.
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.