Waivers 430-05-40-50-10
(Revised 10/01/06 ML3044)
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The Department of Human Services (DHS) may request the Secretary of Agriculture waive the ABAWD work requirement for any group of individuals that reside in an area in which the unemployment rate is over ten percent or does not have a sufficient number of jobs to provide employment for the individuals.
If a county desires a waiver of the ABAWD work requirement, documentation that there are not a sufficient number of jobs to provide employment for non-exempt individuals in the county should be forwarded to DHS for consideration and submission to the Secretary of Agriculture.
Benson, Eddy, Emmons, Kidder, McHenry, McLean, Pembina, Pierce, Rolette, Sheridan, Sioux and Towner Counties are currently exempt from the ABAWD provisions based on a waiver. Mountrail County is exempt from the ABAWD provisions based on the 15% exemption criteria.
The able-bodied provisions do not apply to an individual living in waived or 15% exemption criteria counties and benefits received do not count toward the three ABAWD months.
The TECS system automatically bypasses the ABRE screen for any county where a waiver of the ABAWD provisions is currently in place. Individuals exempt under the 15% exemption criteria must be coded SP on the ABRE screen.