Regaining and Maintaining Eligibility 430-05-40-50-23

(Revised 09/01/2020 ML3587)

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Amended IM 5464

IM 5464

 

 

Regaining eligibility applies to ABAWDS who:

• Received the three NE months; and
• Were closed or denied for failure to comply with the ABAWD work requirements (including failure to file an application for review).

Regaining eligibility does not apply to an individual exempt from the ABAWD provisions for a reason other than working 20 hours or more per week averaged monthly.

There is no limit to the number of times an ABAWD may regain eligibility.

In order to regain eligibility, these individuals must verify they are meeting one of the following requirements:

• Worked 80 hours or more in a 30 consecutive day period. This includes volunteer and in-kind work where an individual is not paid. (If an individual reapplies prior to the completion of working 80 hours in a 30-day period, benefits are prorated from the date the 80 hours are completed.)

A 30 day consecutive period is any 30 days since case closure or denial for failure to comply with ABAWD work requirements. (Including failure to file an application for review).

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 or friends when the individual is not paid.

Example:

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

• Participate in and comply with a work program of 80 hours or more per month averaged. A 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.
• A program under Section 236 of the Trade Act of 1974 (Trade Adjustment Assistance Act Program).
• 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.

 

The BEST program would not meet this requirement as the only components offered are job search and job search training.

 

In addition, in order to maintain eligibility, these individuals must verify they are currently 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.

 

• If working 20 hours or more per week but less than 30 hours, comply with work registration or the employment and training program, if not otherwise exempt.

Examples:

1. A single individual who is not exempt from the ABAWD requirements applies on June 25 and is certified for six months. The case is closed for non-compliance with ABAWD requirements September 30 (third NE month as June was a prorated month).

On December 5, the individual reapplies. The individual verifies they worked 80 hours between November 1 and December 1 and also verifies they are currently working 40 hours per week. The individual is eligible and certified for six months.

On January 10, the individual reports they were laid off. Since they were not work registered at the time of application, after completing the work registration form, the individual receives their three EE months in January, February and March. The case is closed the end of March as the individual is not exempt from the ABAWD requirements for another reason.

In order to regain eligibility, the individual:

• Must work 80 hours in a 30 consecutive day period, and
  
  
• Be exempt based on working 20 hours or more per week averaged monthly; unless
  
  
• They are exempt for another reason.

2. A single individual received their three NE and three EE months. The individual reapplies on August 5, verifies they worked 80 hours between July 1 and July 31 and that they are currently working 20 hours per week. The individual is work registered and certified for six months.

On September 15, the household reports they were fired. The individual is not exempt from the ABAWD requirements for another reason so the case is closed the end of September. Since the case closed for failure to comply with the ABAWD work requirements, in order to regain eligibility, the individual must:

• Work 80 hours in a 30 consecutive day period, and
  
  
• Be exempt based on working 20 hours or more per week averaged monthly; unless
  
  
• They are exempt for another reason.