ABAWD Exemptions from Basic Work Requirements 430-05-40-50-05

(Revised 11/1/2024 ML 3878)

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An ABAWD who meets one of the following is exempt from the ABAWD provisions and not subject to limited benefits.

 

Verification of work hours is mandatory for items 5, 6 and 7.

 

  1. Exempt from the basic work requirements.

     

    ABAWDS exempt from ABAWD provisions based on the SNAP work requirement exemption for working 30 hours or more per week are also coded as exempt.

     

  2. All adult household members are exempt any time there is a child under the age of 18 in the same SNAP household.

     

    Example:

    A five-person SNAP household consists of mom, dad, child under age of 18, an aunt to the child, and an unrelated adult. All four adults are exempt.

     

  3. State discretionary exemption criteria.

     

    a) State discretionary exemption criteria are applied at the discretion of SNAP policy, allowing flexibility in their implementation based on specific circumstances.

     

  4. A pregnant woman. Client statement is acceptable.

     

  5. Working at least 20 hours per week average monthly (regardless of the hourly wage) but less than 30 hours or more per week. This includes volunteer an in-kind work where an individual is not paid.

     

    Volunteer work is when arrangements have been made with a school, hospital, public service agency, library, nursing home, church or other community organizations.

     

    In-kind work is when an individual works in exchange for goods or services.

     

    This does not include court-ordered community services or work done for family members for friends when the individual is not paid.

     

    Example: An individual managing an apartment building in exchange for free or reduced rent.

     

  6. Participating in (and complying with) a work program of 20 hours or more per week averaged monthly. Work program means:

    1. A program under the Workforce Investment Act of 1998 (WIA), this is administered by Job Services and can be verified by contacting that office. This includes the WIA administered by the Tribes as long as it meets the 20 hour or more per week averaged monthly requirement. (JT)

    2. A program under Section 236 of the Trade Act of 1974 (Trade Adjustment Assistance Act Program). This is administered by Job Services and can be verified by contacting that office. (TA)

    3. An Employment and Training Program containing components other than job search or job search training.

       

      Note:ABAWDS participating in a SNAP Employment and Training program enrolled in the education/vocational training or job retention components may meet this requirement.

      ABAWDS participating in a SNAP Employment and Training program may not meet the requirement if enrolled in only the job search training or job search components. However, the requirement may be met if they are enrolled in one of these components in addition to the above.

       

  7. Any combination of paid, volunteer, in-kind work, or work programs that equals 20 hours per week averaged monthly.

     

    An ABAWD exempt from the ABAWD provisions for working an average of 20 hours or more per week is required to report if their hours fall below 20 hours per week. This includes ABAWDS exempt from the SNAP work requirement for working 30 hours or more per week.

     

  8. A "homeless individual" as defined in Section 3 of the Food and Nutrition Act (FNA) of 2008 and at 7 CFR 271.2, means and individual who lacks a fixed and regular nighttime residence or an individual whose primary nighttime residence is:

    1. A supervised shelter designated to provide temporary accommodations;

    2. A halfway house or similar institution that provides temporary residence for individuals intedned to be institutionalized;

    3. A temporary accommodation for not more than 90 days in the residence of another individual; or

    4. A place not designed for, or ordinarily used, as a regular sleeping accommodation for human beings (a hallway, a bus station, a lobby, or similar places).

       

  9. A "veteran", meaning an individual who served in the United State Armed Forces (such as Army, Marine, Corps, Navy, Air Force, Space Force, Coast Guard, and National Guard), including an individual who served in a reserve component for the Armed Forces, and who was discharged or released therefrom, regardless of the conditions of such discharge or release.

     

  10. An individual who is 24 years of age or younger and who was in foster care under the responsibility of a State on the date of attaining 18 years of age of such higher age as the State has elected as defined under Section 475(8)(B)(iii) of the Social Security Act (42 U.S.C. 675(8)(B)(iii)).This includes any individual who was in a foster care program run by the State, District, Territory, or Indian Tribal Organization as of their 18th birthday or later and is under 25 years of age.

 

If an individual is exempt from the ABAWD provisions at initial application or review the individual remains exempt from the ABAWD provisions until the next review.

 

Exceptions:

  1. Individuals exempt due to working 20 hours or more per week averaged monthly who report their work hours have fallen below 20 hours.

     

  2. When the household reports a loss of an exemption for an individual determined to be exempt at application or review.

     

  3. An individual will lose exempt status during the review period and it is known to the agency.

An individual exempt from the ABAWD provisions at initial application or review is required to work register if the following occurs:

 

  1. The household reports they are no longer working 20 or more hours per week averaged monthly but less than 30 hours per week.

  2. A loss of an exemption is reported, even if the household is not required to report.

  3. It is known to the agency the exemption will end.

 

Eligibility workers will need to verbally inform individuals of the Basic Work Requirements using the Work Requirements Verbal Script. The date of verbal notification must be entered into the eligibility system. The SNAP Consolidated Work Notice will be mailed when ABAWD status changes.

 

If an individual is not exempt from the ABAWD provisions at initial application or review and the individual reports an exemption while receiving benefits, the individual must be made exempt in the month in which the exemption occurred and the countable month removed.

 

Example:

Individual applies on March 1st and is a non-exempt ABAWD. March is a countable ABAWD month. April 10th the individual reports that they are pregnant and therefore exempt from ABAWD provisions. The exemption needs to be applied for the month of April and the countable month removed for April.