New York Consolidated Laws
N.Y. Social Services Law § 330 (2026)
Definitions
✓ current as of May 2026
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§ 330. Definitions. 1. Whenever used in this title: a. the term "commissioner" means the commissioner of the state office of temporary and disability assistance; and b. the term "department" means the state office of temporary and disability assistance. 2. "Net loss of cash income" shall mean the amount by which a family's gross income less any necessary work-related expenses is less than the cash assistance the individual was receiving at the time of receiving an offer of employment. Gross income includes, but is not limited to, earnings, unearned income and cash assistance. 3. "Child care" shall refer to any lawful form of care of a child, as defined by federal and state law and regulation, for less than twenty-four hours per day. 4. "Participant" shall mean an applicant for or recipient of public assistance who volunteers for or is required to participate in work activities as provided in this title. 5. Notwithstanding any other provision of this chapter or the labor law, recipients of public assistance who are required to participate in community service or work experience activities authorized pursuant to this title shall be included within the meaning of the term "public employee" for the purposes of applying section twenty-seven-a of the labor law while engaged in community service or work experience programs under this title. In addition, such recipients shall be provided appropriate workers' compensation or equivalent protection for on-the-job injuries and tort claims protection on the same basis, but not necessarily at the same benefit level, as they are provided to other persons in the same or similar positions, while participating in community service or work experience activities under this title.
Notes of Decisions
Cited in 3
cases, 1997–2010 · leading case: Capers v. Giuliani, 1998 CCH OSHD 31,662 (N.Y. App. Div. 1998).
Capers v. Giuliani, 1998 CCH OSHD 31,662 (N.Y. App. Div. 1998). “As participants in the program, plaintiffs are considered to be public employees (Social Services Law § 330 [5]) within the meaning of the Public Employee Safety and Health Act, codified in Labor Law § 27-a.”
Ayala v. Berlin, 29 Misc. 3d 942 (N.Y. Sup. Ct. 2010). “) Petitioner believes that she will not be entitled to child care benefits due to the regulation, which petitioner claims conflicts *945 with Social Services Law §§ 330 and 332-a. Petitioner believes that her nursing studies at Hostos Community College (which allegedly was not…”
Kelly v. Wing, 237 A.D.2d 976 (N.Y. App. Div. 1997). “” It requires the agency to make assessments of the employability, and plans for the employment, of a Home Relief participant (see, Social Services Law § 335-a [1], [2] [a]; [4]) and permits the agency to establish a work experience program (see, Social Services Law § 336 [1]…”
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