Waivers 430-05-40-50-10

(Revised 01/01/04 ML2893)

IM 4981

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The Department of Human Services (DHS) may request the Secretary of Agriculture waive the ABAWD work requirement for any group of individuals that reside in an area in which the unemployment rate is over ten percent or does not have a sufficient number of jobs to provide employment for the individuals.

 

If a county desires a waiver of the ABAWD work requirement, documentation that there are not a sufficient number of jobs to provide employment for non-exempt individuals in the county should be forwarded to DHS for consideration and submission to the Secretary of Agriculture.

 

Waivers expired for Dunn, McKenzie, McLean, Mercer, Pembina, Sioux, and Williams counties on February 28, 1998 and were not renewed. The able-bodied provisions apply in the above seven counties effective March 1, 1998.

 

Sioux County became exempt from the able-bodied provisions again on April 1, 2001.  Waivers for Sioux and Mountrail counties expired on April 30, 2003.  Effective May 1, 2003, Sioux and Mountrail counties continue as exempt under the 15% exemption criteria.  

 

Waivers of the able-bodied provisions remain in effect for Benson and Rolette.  

 

The able-bodied provisions do not apply to an individual living in waivered or 15% exemption criteria counties and benefits received do not count toward the three ABAWD months.

 

The TECS system automatically bypasses the ABRE screen for any county where a waiver of the ABAWD provisions is currently in place.  Individuals exempt under the 15% exemption criteria must be coded SP on the ABRE screen.