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 the household's enrollment in SAR. For SAR policy relating to certification periods, see Chapter 571.11.
The CAO must assign 24-month certification period to the household if:
All adult members are elderly or disabled. For the definition of elderly/disabled, see Chapter 510.21 Definitions of Elderly and Disabled iindividuals.
The 24-month certification period applies whether of not the household has earned or unearned income. If the household no longer receives earned or unearned income, the certification period does not change.
The CAO must assign a 12-month certification period if non-elderly-disabled the household has:
Earned income, or
Unearned income.
If the household no longer receives earned or unearned income, the certification period does not change.
The CAO must also assign a 12-month certification period to an able-bodied adult without dependents (ABAWD) household that is not subject to time limits if the household lives in a geographically waived area. See Chapter 575.25.
The CAO must assign a six-month certification period to the household if it is:
A migrant or seasonal farm worker household;
A zero-income household; or
Has only earned or unearned income that is exempt..
NOTE: The CAO must consider a household whose only income is from cash assistance as a household with exempt unearned income..
If the ABAWD is not currently meeting the work requirement and is not 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 575.25.
NOTE: ABAWD policy is waived through December 31, 2015.
An ABAWD is limited to the receipt of SNAP benefits to 3 months in a 3-year period. If the ABAWD received SNAP benefits for 3 months in the current 36-month period, the ABAWD is not eligible to receive further SNAP benefits unless he or she is exempt by law, lives in a geographically waived area, meets one of the work requirements, or is exempt under the states 15-percent-exemption allowance.
7 CFR § 273.24(b)
DHS uses a fixed, 36-month period for the entire case load.
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 age 18 or over age 50 and older
Medically certified as physically or mentally unfit for employment, where the disability is not evident to the eligibility worker
NOTE: If the disability is obvious to the CAO, medical certification may be a statement from a physician, physician’s assistant, nurse, nurse practitioner, designated representative of the physician’s office, licensed or certified psychologist, social worker, or any other medical worker considered appropriate by DHS.
Receiving federal or state disability benefits
A parent or other 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 mother and her children under age 18 do not receive SNAP benefits. The mother’s 24-year-old brother moves in with the family. He applies for SNAP as a separate household claiming to purchase and prepare meals separately. The brother does not meet the exemption, because his sister's children are not members of his applicant household. (See Section 510.1.)
A father applies for SNAP benefits for SNAP benefits for himself and his 17 year old child in May for that month. The mother has custody of the same child during the school year and receives SNAP benefits in another county. The father has custody during the summer months. The father claims the AWABD rules do not apply based on the age of the child. Because the child lives with his mother and receives benefits in another SNAP household, the father cannot claim an exemption for himself.
Pregnant, as confirmed by a doctor
Exempt under federal employment and training regulations. (See Section 535.32.)
NOTE: Individuals living in geographically 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 individual must be one of the following:
7 CFR § 273.24(b)
Working at least 20 hours per week, averaged monthly which means 80 hours a month. The individual does not have to be earning minimum wage.
Participating in a Workforce Investment Act (WIA) program at least 20 hours per week, which means 80 hours a month.
Participating in a Trade Adjustment Assistance Act Program at least 20 hours per week, which means 80 hours a month.
Participating in an Employment and Training Program for at least 20 hours per week, which means 80 hours a month.
Participating in a workfare program
NOTE: Participation in a job-search program or a job-search training program does not qualify.
If an individual 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)
Individuals who qualify for the 15-percent exemption must have:
7 CFR § 273.24(g)
Exhausted their initial time-limited benefits; or
Regained eligibility and live in a non-waived area.
The following criterion (implemented June 1, 2002) is used to exempt ABAWDss under the 15-percent exemption:
An 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 may authorize SNAP benefits once the ABAWD works 80 hours, even if the 80 hours is worked in fewer than 30 days.
If the ABAWD loses employment or ceases to meet a work requirement, participation may continue for up to three consecutive months from the date the CAO is notified that work or participation ended. The ABAWD must comply with the work requirement or become statutorily exempt during the 36-month period to continue benefits.
NOTE: There is no time period during which an ABAWD applicant must reapply. However, the ABAWD may 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 . The CAO verifies the full 80 hours worked, and authorizes benefits.
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 remains open because the CAO made a prospective determination of eligibility. The client is exempt from the ABAWD time limit because the CAO verified the number of hours the client is expected to work 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. The CAO authorizes benefits because the ABAWD worked 80 hours in a 30-day period.
Reissued September 16, 2015 , replacing June 10, 2015