The CAO must assign the longest certification period possible, using the guidelines below. 7 CFR § 273.10(f)
NOTE: The CAO must not base the certification period on whether or not the household is enrolled in SAR.
The CAO must assign a household a 12-month certification period if the household has:
If the household no longer receives earned or unearned income, the certification period does not change.
The CAO must assign a household a six-month certification period if the household is:
A migrant or seasonal farm worker household;
A zero-income household; or
An exempted earned-income-only household.
NOTE: The CAO must consider a household whose only income is from cash assistance as an unearned-income household.
The CAO must assign a household containing an able-bodied adult without dependents (ABAWD) a certification period no longer than six months.
The CAO must assign a six-month certification period if the ABAWD is currently meeting the work requirement or is exempt by law.
If the ABAWD is not currently meeting the work requirement nor is exempt by law, the CAO must base the length of the certification period on the number of months the ABAWD is allowed to receive SNAP benefits. See Section 575.24.
If the ABAWD received SNAP benefits for 3 months in the current 36-month period, the ABAWD is not eligible to continue receiving SNAP benefits unless he or she is exempt by law, lives in a geographical waived area, meets one of the work requirements, or is exempt under the 15-percent-exemption option. 7 CFR § 273.24(b)
DPW uses a fixed, 36-month period for the entire caseload. The current 36-month period is January 1, 2009, through December 31, 2011. 7 CFR § 273.24(b)(3)
To be exempt by law, a person must be one of the following: 7 CFR § 273.24(c)
Under 18 or over 49 years of age
Medically certified as physically or mentally unfit for employment, where the disability is not evident to the eligibility worker
NOTE: If the disability is not evident, medical certification can be a statement from a physician, a physician’s assistant, a nurse, a nurse practitioner, a designated representative of the physician’s office, a licensed or certified psychologist, a social worker, or any other medical worker.
Receiving federal or state disability benefits
An adult residing in a SNAP household where a household member is under age 18, even if the household member who is under age 18 is not eligible for SNAP
Examples:
A residence contains a mother and her children under age 18 who do not receive SNAP benefits. The mother’s 24-year-old brother moves in with the family. The brother applies for SNAP as a separate household claiming to purchase and prepare meals separately. The brother does not meet the exemption, because the child is not a member of the ABAWD applicant household. (See Section 510.1.)
An applicant household containing a father and his child under 18 applies for benefits in May for that month. The mother has custody of the same child during the school year and has an active SNAP household in another county. The father has custody during the summer months. The father is claiming an exemption based on the age of the child. Because the child is already active with one parent in another SNAP household, the father cannot claim an exemption for himself. The issue is determining the eligibility for the parent.
Pregnant, as confirmed by a doctor
Exempt under federal employment and training regulations. (See Section 535.32.)
NOTE: Individuals living in geographical waived areas are exempt from work requirements. 7 CFR § 273.24(f)
Chapter 575, Appendix B contains the listing of current geographical areas waived by Food and Nutrition Services (FNS).
To meet the 20-hour weekly work requirement, the person must be one of the following: 7 CFR § 273.24(b)
Working at least 20 hours per week, averaged 80 hours monthly
Participating in a Workforce Investment Act (WIA) program at least 20 hours per week, averaged 80 hours monthly
Participating in a Trade Adjustment Assistance Act Program at least 20 hours per week, averaged 80 hours monthly
Participating in an Employment and Training Program for at least 20 hours per week, averaged 80 hours monthly
Participating in a workfare program
NOTE: Participation in a job-search program or a job-search training program does not qualify.
If a person would have worked an average of 20 hours per week but missed some work for good cause (see Section 535.6), that person meets the work requirement if the absence from work is temporary and the person retains his or her job. 7 CFR § 273.24(b)(2)
Persons exempted by the 15-percent exemption must have: 7 CFR § 273.24(g)
Exhausted their initial time-limited benefits; or
Regained eligibility and live in a nonwaived area.
The following criterion (implemented June 1, 2002) is currently used to exempt ABAWD under the 15-percent exemption:
Any ABAWD exempt under the State Employment and Training work requirements as listed in Section 535.22.
Individuals denied eligibility can regain it by any one of the following: 7 CFR § 273.24(d)
Working 80 hours in a 30-day period
Participating in a WIA program, Trade Adjustment Assistance Act program, or an approved Employment and Training program for 80 hours in a 30-day period
Participating in a workfare program for a 30-day period
The CAO can authorize the ABAWD once 80 hours has been worked, even if the 80 hours is worked in less than 30 days.
If the ABAWD loses employment or ceases to meet a work requirement, participation can continue for up to three consecutive months from the date the CAO is notified that work has ended. The ABAWD must then comply with the work requirement or become statutorily exempt during the 36-month period to continue benefits.
NOTE: There is no time restriction for an ABAWD applicant to regain eligibility and reapply. However, the ABAWD can regain eligibility and receive 3 consecutive months of additional benefits only once in a 36-month period.
Examples:
An ABAWD receives three months of time-limited benefits in February, March, and April. The benefits stop effective April 30. On May 2, the ABAWD starts a new job and works 80 hours during the first two weeks in May. The job ends on May 16. On May 20, the ABAWD applies for SNAP at the CAO. Once the intake worker verifies the full 80 hours worked, the ABAWD regains eligibility and the CAO can authorize benefits, because of the 80 hours worked in a 30-day period. For the ABAWD to regain eligibility, the 80 hours cannot be worked in a period longer than 30 days. If 80 hours is worked in less than 30 days, the ABAWD can be authorized once the cure is completed.
An ABAWD receives three months of time-limited benefits in February, March, and April and has a renewal interview on April 21. At the renewal interview, the ABAWD reports working 20 hours last week and expects to work 20 hours per week. The worker calls the employer and verifies the statement. The case will remain open, because the CAO made a prospective determination of eligibility. The client is exempt from the time-limited benefits of the ABAWD requirements because of the verification of hours worked per week.
An ABAWD receives three months of time-limited benefits in February, March, and April. Benefits stop effective April 30. The ABAWD worked 40 hours per week from May 14 through July 1 and was laid off. The ABAWD applies for SNAP on January 15 of the following year and is unemployed. Eligibility has been regained and can be authorized.
OPS070802 Shortening Food Stamp (FS) Certification Periods at Application for TANF or Medicaid (Linked August 28, 2007)
OPS080802 Renewal Periods for Elderly/Disabled Households With Earned Income and When a Food Stamp Household is Enrolled or Removed From Semiannual Reporting (SAR) (Linked September 17, 2008)
PFS13614575 Meeting the 20-hour Weekly Work Requirement (Linked September 1, 2007)
PFS12964575 ABAWD/20 Hours a Week and Minimum Wage (Linked June 28, 2006)
Reissued March 1, 2012, replacing January 27, 2006