To be exempt by law, an ABAWD must meet one of the following criteria:
7 CFR § 273.24(c)
Under 18 or age 50 or older;
Medically certified as physically or mentally unfit for employment, where the disability is not evident to the CAO;
An individual is medically certified if they are:
Receiving federal, state, or private disability benefits including Workers Compensation, long-term disability insurance, short-term disability insurance, veterans disability benefits; or
Obviously mentally or physically unfit for employment; or
NOTE: If the disability is obvious to the CAO, no verification is needed.
Claiming a disability but the disability is not evident, in which case a written statement from a physician, physician’s assistant, nurse, nurse practitioner, designated representative of the physician’s office, a licensed or certified psychologist, social worker, or any other medical personnel is required for medical certification. A PA 1921 may be used to verify unfitness for work, but any other medical evidence will be adequate.
A parent (natural, adoptive, or step) or other adult who lives in a SNAP household with a household member under age 18, even if the household member who is under age 18 is not themselves eligible for SNAP (e.g. an ineligible non-citizen or someone who has committed an intentional program violation);
Pregnant;
Exempt under federal Employment and Training regulations.
Under age 16 (ETP Status 01)
60 years of age or older (ETP status 02)
Physically or mentally unfit for employment including individuals claiming domestic violence or participating in a drug and alcohol program (ETP Status 03)
Needed in the home to care for an ill or incapacitated person residing in the same residence, not necessarily the same SNAP household. (ETP Status 04)
Receiving TANF (ETP Status 12)
Applied for or is receiving unemployment compensation (ETP Status 14)
Works 30 hours a week or earning weekly wages at least equal to the federal minimum wage, multiplied by 30 hours (ETP Status 17)
Cares for a child under age 6 in the household (ETP Status 18)
Enrolled in school or training at least half-time as defined by the school or training site (ETP Status 20)
Migrant/seasonal farmworker expected to work within 30 days (ETP Status 21)
ABAWDs included in the state’s 15 percent exemption allowance.
Full time VISTA volunteer (Title I DVSA) (ETP Status 06)
Expected to return to work in 60 days (ETP Status 15)
Homeless (ETP Status 16)
Travel time is two or more hours from employment or education training site (ETP Status 19)
Receiving expedited SNAP-only and meets no exemption (ETP Status 23)
NOTE: As long as an individual is exempt from ABAWD requirements, receipt of SNAP benefits is not limited to three months.
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 and is found eligible for SNAP as a separate household due to buying and preparing meals separately. The brother does not meet the ABAWD exemption, because his sister’s children are not members of his SNAP household. He is subject to the three-month time limit.
A father applies 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 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 father does not meet an ABAWD exemption and is subject to the three-month time limit.
A 30 year old single woman applies for SNAP benefits. She states she is pregnant. This information is not questionable so no verification is needed. This woman does meet an ABAWD exemption based on her pregnancy and is not subject to the three-month ABAWD time limit.
Individuals living in geographical waived areas are exempt from the time limit for receipt of SNAP benefits. Waivers are approved by the U.S. Department of Agriculture, Food and Nutrition Service (FNS). FNS may waive the time limit and work requirements for a specific area in the state if it has been determined that the area:
7 CFR § 273.24(f)
Has an unemployment rate of over 10 percent; or
Does not have a sufficient number of jobs to provide employment for its residents.
The waiver can be approved statewide, by county, or by civil sub-division. These waived areas are announced each year and are identified in the system when the CAO enters a Global Information System (GIS) validated address. Address validation is important because ABAWD geographic waivers are tied to GIS-validated addresses.
Appendix A contains the listing of current geographical areas waived by FNS.
NOTE: As long as an individual resides in a geographically waived area, receipt of SNAP benefits is not limited to three months.
An ABAWD is meeting the federal work requirement if the individual meets one of the following:
7 CFR § 273.24(a)(1)
Working at least 20 hours per week averaged 80 hours monthly;
Work must be in exchange for money but does not have to meet minimum wage or higher to qualify.
If the individual misses work and does not meet 20 hours a week temporarily, good cause should be reviewed (see Chapter 535.61).
Participating in a work program (e.g. SNAP E&T) at least 20 hours per week, averaged monthly;
Work program means:
A program under the Workforce Innovation and Opportunity Act;
A program under section 236 of the Trade Act of 1974 (19 U.S.C. 2296); or
An approved employment and training program component approved by the state, e.g. SNAP E&T. (See Chapter 535 Appendix A for a list of SNAP employment and training activities).
NOTE: Participation in a job search or a job training program does not qualify as a primary activity but may be counted, up to ten hours weekly, toward an individual’s participation requirement.
A combination of working and participating in a work program for a total of 20 hours per week,
NOTE: As long as an individual meets the work requirement, receipt of SNAP benefits is not limited to three months.
If an individual would have worked or participated in a work program an average of 20 hours per week but missed some work for good cause, the individual should be considered to have met the work requirement if the absence from work is temporary and the individual retains his or her job. Good cause shall include, but is not limited to the following:
7 CFR § 273.24(b)(2)
Circumstances outside the individuals control
Illness or illness of another household member requiring the presence of the individual
A household emergency
Transportation issues
Hours affected by holiday closings
Each state is allotted ABAWD exemptions equal to 15 percent of the state’s SNAP caseload that is ineligible because of the ABAWD time limit. These exemptions allow the state to extend SNAP eligibility to ABAWDs who would otherwise be ineligible because of the three-month time limit. See Appendix B for a list of the current 15 percent exemptions.
ABAWDs who have exhausted their three countable months may regain eligibility at any time by:
7 CFR § 273.24(d)
Meeting the ABAWD work requirement; or
Working 80 hours within a 30-day period or
Participating 80 hours within a 30-day period in an approved work program
Qualifying for an ABAWD exemption; or
Living in a waived area
NOTE: There is no limit on how many times an ABAWD may regain eligibility. Once eligibility is regained, the ABAWD is authorized using the proper SNAP Qualification Code.
An ABAWD receives three months of time-limited benefits in March, April, and May and has a renewal interview on May 21. At the interview, the ABAWD reports having worked 20 hours in the previous week and expects to continue to work 20 hours per week. The worker verifies the employment. Eligibility continues uninterrupted because the ABAWD is now meeting the work requirement. The SNAP Qualification Code must be updated to EB-05 because the ABAWD is now meeting the ABAWD work requirement.
An ABAWD receives three months of time-limited benefits in March, April, and May. The benefits stop effective May 31 due to the time limit. The individual reapplies for SNAP in September of the same year and is now receiving unemployment compensation (a federal E&T exemption from ABAWD requirements). His unemployment compensation income is within SNAP income limits and he meets all SNAP eligibility criteria. Eligibility has been regained because he is now meeting an ABAWD exemption. SNAP benefits can be authorized on an ongoing basis. This individual would be authorized as an EB-03.
An ABAWD receives three months of time-limited benefits while living in a non-waived area. The individual moves to an area where ABAWD requirements are geographically waived and reapplies for SNAP benefits. Eligibility has been regained because he is now residing in a geographically waived area. If all SNAP eligibility factors are met, SNAP benefits can be authorized on an ongoing basis. An “EW” eligibility status code will be system-assigned to this individual based on his GIS-validated address being within a geographically waived area. The CAO would then select the appropriate SNAP Qualification code based on his circumstances.
An ABAWD who has regained eligibility but then stops meeting the ABAWD work requirement may be eligible for an additional three consecutive months of SNAP eligibility.
7 CFR § 273.24(e)
This additional three month eligibility period:
Coded as an EB-21
Cannot be used before the three countable months are exhausted (EB-20)
Is only available once within the three-year period
· Must be used consecutively
An ABAWD receives three months of time-limited benefits in March, April, and May. The benefits stop effective May 31 due to the time limit. On June 2, the ABAWD starts a new job and works 80 hours during the first two weeks in June. The job ends on June 16. On June 20, the ABAWD applies for SNAP, and verifies the full 80 hours worked. If all SNAP eligibility factors are met, an additional consecutive three months of SNAP benefits (EB-21) may be authorized because the ABAWD worked 80 hours within a 30-day period, but has since stopped meeting ABAWD requirements. This individual would be authorized as an EB-21.
An ABAWD receives three months of time-limited benefits in March, April, and May. Benefits are stopped effective May 31 due to the time limit. The individual worked 40 hours per week from June 14 through August 1, and was laid-off but is ineligible for unemployment compensation. The individual applies for SNAP on January 15 of the following year and is now unemployed. If all SNAP eligibility factors are met, an additional consecutive three months of SNAP benefits (EB-21) may be authorized because the ABAWD worked 80 hours within a 30 day-period, but has since stopped meeting ABAWD requirements. This individual would be authorized as an EB-21.
Updated January 4, 2018; Replacing November 23, 2016