Lawyers Manual - Unified Court System

286 Amy E. Schwartz and Sharon Stapel
42. See generally 18 NYCRR § 351.2(l)(7); PD 01-75-OPE (Dec. 21, 2001);
Credibility does not have to be reassessed when assessing whether to
renew waiver; 02 INF-36 (Nov. 5, 2002).
43. Note that a DVL need not reassess credibility, only the continued need for
a waiver. See generally 18 NYCRR § 351.2(l)(7); PD 01-75-OPE (Dec. 21,
2001); 02 INF-36 (Nov. 5, 2002).
44. 18 NYCRR § 351.2(l)(7)(I); PD 01-75-OPE (Dec. 21, 2001).
45. 18 NYCRR § 369.4; 01 ADM-3 (March 28, 2001; Errata Apr. 20, 2001).
Note that the survivors may be exempt from the lifetime limit where they
are unable to work because of a verified physical or mental impairment to
the parent or child that is the result of domestic violence and is expected to
last three months or more.
46. Unless waived, applicants or recipients are required to assist public
assistance with establishing the paternity of a child’s other parent and his
location, as well as assisting with child support actions in Family Court.
47. Unless waived, applicants or recipients are required to participate in
employment activities, which can include training and education, but most
frequently consist of “Work Experience Program” (WEP) job assignments.
The City must conduct an assessment of each public assistance recipient
and develop an employability plan based on the assessment, which must
include education and training opportunities, if appropriate. Additionally,
students attending community colleges cannot be assigned to participate in
WEP. They can fulfill their work activity obligations through college
attendance and/or work study or internships, Davila v Turner, Index No.
407163/96 (Sup Ct, NY County, filed July 20, 1998).
48. 02 INF-36 (Nov. 5, 2002); PD 01-75-OPE (Dec. 21, 2001).
49. Id.
50. PD 01-75-OPE (Dec. 21, 2001).
51. Id.
52. Social Services Law § 349-a(7); 18 NYCRR § 357.3(I); 98 ADM-3 (March
13, 1998; Errata Sept. 4, 1998).
53. Id.
54. 98 ADM-3 (March 13, 1998; Errata Sept. 4, 1998).
55. Id.
56. Id.