Exemptions from Work Requirements 430-05-40-10

(Revised 10/01/15 ML3457)

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The following individuals are exempt from the work requirements (client statement is acceptable unless questionable):

  1. Individuals age 60 or older. If an individual turns age 60 during the month of application, they are exempt.
  2. Individuals younger than 16 years of age.

If an individual reaches their 16th birthday and they are not exempt, they must register as part of the next scheduled review.

  1. Individuals age 16 or 17 if:
  1. Not the primary individual, or
  2. Attending school, or
  3. Enrolled in an employment or training program at least half-time.
  1. An individual enrolled at least half-time in high school, in any recognized school, training program, or institution of higher education.  Individuals working to obtain their GED are also exempt.

An individual remains exempt during normal periods of class attendance, vacation, and recess.

 

If an individual graduates, is suspended or expelled, drops out, or does not intend to register for the next normal term (excluding summer school), they are no longer considered a student and are not exempt.

 

Examples:

  1. An individual who graduates from high school in May and anticipates or is accepted for the fall semester in an institution of higher education is not considered a student until the first day of the school term and is not exempt from the work requirements.
  2. An individual, who has not attended the prior school term but anticipates or is accepted for the next term, is not considered a student until the first day of the school term and is not exempt from the work requirements.
  1. Individuals physically or mentally unable to work 30 hours or more per week. If the physical or mental incapacity is obvious and known to the worker, it should be documented in the case file and no further verification is needed.

If the physical or mental incapacity is not obvious or known to the worker, verification is required.

 

Examples:

  1. A physician's statement.
  2. A statement from a licensed or certified psychologist or psychiatrist.
  3. Application for, receipt of, or entitlement to temporary or permanent disability benefits.
  4. Individuals who are appealing a SSA or SSI denial.
  5. Individuals who are accepted and actively involved in services through Vocational Rehabilitation as verified by Vocational Rehabilitation.
  6. An individual subject to and complying with the TANF JOBS work compliance requirement, including the Tribal Work Experience Program (TWEP).

Examples:

  1. A TANF ineligible caretaker who is not a parent is not subject to the TANF JOBS work compliance requirements so they are subject to the SNAP work requirements.
  2. If a non-recipient parent is subject to and complying with JOBS, such as a parent who is disqualified due to IPV or non-compliance with Child Support Enforcement, they are exempt from the SNAP work requirements.
  1. A parent or other household member responsible for the care of a dependent child under six or an incapacitated individual residing with the household. The dependent household member or incapacitated individual(s) do not need to be participating in the same SNAP household. Only one member may claim an exemption as the primary person responsible for the care of dependents when the responsibility is shared.

If the child's sixth birthday is reached within a review period, the individual responsible for the child's care must register as part of the next regular review process unless otherwise exempt.

The exemption for the primary care giver can be changed during the household’s review period.

‘Responsible for the care of a dependent child,’ is defined as a parent or other household member responsible for providing the actual physical care for a child. This could include a household member that is living in the same home but not part of the SNAP household. The determination must be based on documented discussion with the household.

Examples:

  1. Household consists of Mom and her two children ages 23 and 5. Mom states that her 23 year old child cares for her 5 year old while she is working. Based on this discussion, the 23 year old can claim the exemption. This discussion with the household must be documented.
  2. Boyfriend, girlfriend and girlfriend’s 3 year old child live in the same home but purchase and prepare meals separately. The boyfriend cares for the 3 year old while the girlfriend works. The boyfriend can claim the exemption. The discussion with the household must be documented.
  3. Household consists of Mom, Dad and their 4 year old child. Dad works and Mom is not employed. Their 4 year old child goes to day care while Dad is working. Mom cannot claim the exemptions as she is not providing the care for the child.
  4. Two adult sisters live in the same home but purchase and prepare meals separately. One sister has a child and works outside the home. The other sister cares for her niece and can claim the exemption. The discussion with the households must be documented.
  1. Individuals who are in receipt of unemployment compensation including Railroad Unemployment Benefits or one who has applied for, but has not yet started to receive unemployment compensation. If the eligibility is questionable, verification must be obtained.
  2. A regular participant (whether in or outpatient) in a drug addiction or alcohol treatment and rehabilitation program.
  3. Individuals who are employed and working at least 30 hours weekly (can be averaged) or receiving weekly earnings at least equal to the federal minimum wage multiplied by 30 hours. This includes:
  1. Self-employed individuals when the worker determines that the employment constitutes a full-time job.
  2. Individuals receiving a training wage. The training wage must be substituted for the applicable federal or state minimum wage when determining if the individual is exempt from work requirements.
  3. State certified individuals who home school their children a minimum of 30 hours per week. For state certification, the individual must file a SFN 16909 - Statement of Intent with the superintendent of the child's school district to do home schooling.
  4. Individuals who, by contract, derive their annual income in a period of time shorter than one year.

If an individual is NOT an ABAWD and NOT exempt from the work requirements at the time of initial application or review, the individual is required to register for work by completing the SFN 385 – Affidavit for SNAP Work Requirements or SFN 353 - Affidavit for BEST Registrants at the time of application and review.  The individual is not required to work register again for 12 months.

  1. A refugee participating in a refugee resettlement program.