(Revised 04/01/08 ML3136)
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IM 5153
Exemption criteria is determined prospectively, the ABAWD months are determined on a prospective basis in the same manner that prospective eligibility is determined. An individual is exempt from the ABAWD work requirements if the individual meets one of the following exemptions. (TECS codes on the ABRE screen are listed.)
Verification of work hours is mandatory for items 6, 7 and 8. In addition, an individual is required to report if their hours fall below 20 hours per week averaged monthly.
- Exempt from the SNAP work requirements. (EX)
- An individual is exempt through the month of their 18th birthday and becomes exempt the month they turn age 50 (TECS automatically exempts any individual under 18 or 50 and older with a code of NA).
- All adult household members are exempt any time there is a child under the age of 18 in the same SNAP household. (EX)
Example:
A five-person SNAP household consists of mom, dad, child under the age of 18, an aunt to the child, and an unrelated adult. All four adults are exempt.
- State 15% exemption criteria. (SP)
- A pregnant woman. Client statement is acceptable. (PG)
- Working at least 20 hours per week averaged monthly (regardless of the hourly wage). This includes volunteer and in-kind work where an individual is not paid. An individual working less than 30 hours per week must comply with the regular work requirements. (HR)
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.
Example:
An individual managing an apartment building in exchange for free or reduced rent.
This does not include court ordered community services or work done for family members or friends when the individual is not paid.
If an individual was correctly determined eligible prospectively, and later in the month the job hours decreased to below 80 hours through no fault of the individual as long as the individual returns to the job, the month will not count as an ABAWD month.
Examples:
Illness, illness of another household member requiring the presence of the member, a household emergency, unavailability of transportation, weather, employer changing schedule.
- Participating in (and complying with) a work program of 20 hours or more per week averaged monthly. Work program means:
- 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)
- 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)
- A program of employment and training operated or supervised by a state or political subdivision of the state.
The BEST Program does not meet this definition because it is job search and job search training, not employment training. Currently, there are no approved programs in North Dakota.
- Any combination of paid, volunteer, in-kind work, or work programs that equals 20 hours per week averaged monthly.
- Participating in a SNAP Workfare Program (none in North Dakota).
If an individual is exempt from the ABAWD provisions at initial application or review for a reason other than working 20 hours per week, the individual remains exempt from the ABAWD provisions until the next review.
If an individual is exempt from the ABAWD provisions at initial application or review for working 20 hours per week averaged monthly but less then 30 hours per week averaged monthly, the individual is exempt from the ABAWD provisions, but is required to work register.
