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

(Revised 09/26/22 ML 3681)

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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 and in-kind work as explained in 430-05-40-50-05.

• Participate in and comply with a work program of 80 hours or more per month averaged. See section 430-05-40-50-05, paragraph 6 for the definition of a work program.

 

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:

• 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.