Three ABAWD Months 430-05-40-50-20

(Revised 06/01/04 ML2921)

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An individual who is not ABAWD exempt is entitled to benefits for three months (consecutive or otherwise) during a 36 month period. The 36-month period starts with the receipt of the first ABAWD month.

 

The worker must enter the code of NE (not exempt) on the ABRE screen in TECS for each of the three ABAWD months received.

 

The worker is not required to determine if an individual received ABAWD months in another state unless the worker becomes aware of a potential benefit history in another state. A worker may become aware of potential benefit history through the application, interview, or when contacting another state. If so, the worker must verify the benefit history with the previous state to determine if the applicant is eligible in North Dakota.

 

ABAWD months received in another state are countable months in North Dakota using the rolling 36-month period. These months cannot be entered into TECS and must be documented on the on-line narrative in TECS.

 

Any month that an individual is exempt from the ABAWD provisions and participates in the Food Stamp Program will not count toward the individual's three ABAWD months.

 

If during the three ABAWD months an individual becomes exempt and report the exemption timely, the month the individual becomes exempt will not count as an ABAWD month.

 

Examples:

1. An individual applies and is not exempt from the ABAWD work requirements on November 1st. The individual is approved and certified through January. On January 5 the individual reports and verifies employment of 20 hours per week that started on December 20. The individual received their first paycheck on January 3.  November is counted as an ABAWD month. December and January are exempt months as the individual reported timely. The worker must correct the ABRE screen in TECS for December and January.
2. In an ongoing case an individual reports and verifies work of 20 hours per week averaged monthly. When wage verifications are received it is learned that the individual did not work 20 hours per week averaged (due to illness, weather, not scheduled to work 20 hours for one week, etc.). If the individual is regularly scheduled to work an average of 20 hours per week, the individual is considered working an average of 20 hours per week and the month is an exempt ABAWD month.
3. An individual applies and is exempt from the ABAWD work requirements on November 1st as the individual is working 20 hours per week. The individual is approved and certified through January. On December 5 the individual reports and verifies November earnings. The number of hours worked is less than 20 hours per week averaged. If the individual is regularly scheduled to work an average of 20 hours per week, the individual is considered working an average of 20 hours per week and the month is an exempt ABAWD month.

 

If during the three ABAWD months an individual becomes exempt and does not report the exemption timely, the month counts as an ABAWD month.

Examples:

1. An individual applies and is not exempt from the ABAWD work requirements on November 1st. The individual is approved and certified through January. At the recertification interview on January 17, the individual reports and verifies employment of 20 hours per week that started on November 20.  The individual received their first paycheck on December 15.  November, December and January are counted as ABAWD months as the individual did not report the employment timely. There is no claim for the month of January based on 10-10-10.
2. An individual who is working and exempt from the ABAWD requirements is certified for three months. Sometime during the first or second month of the certification period the individual loses this job but does not report it until the recertification in month three. None of the three months are counted as ABAWD months as benefits for the three months were based on income from the job.

 

The individual is not entitled to underpayments. A claim may be required based on 10-10-10 due to the job quit.

 

Non-mandatory reportable changes do not affect ABAWD count months.

 

Example:

An individual is exempt from work requirements as physically unable to work. At the time of recertification, a doctor's statement is obtained as the incapacity is no longer evident to the worker. The doctor's statement indicates that the individual is not able to work for an additional six months. A six month certification period is assigned to the case, July through December.

 

At recertification the individual reports they were medically able to return to work in October but have not found employment. Since this is not a mandatory reportable change, months November and December do not count as ABAWD months and the worker would determine continuing eligibility.

 

If the individual had reported the change in September, the worker must send Notice F442 – Clarification of Reported Change along with the Work Requirement Affidavit, if needed, allowing the household 10 days to provide a completed form. If the household provides the completed form within the 10-day time frame and is not exempt from the ABAWD requirements and has not already used up the 3 ABAWD months, eligibility continues.

 

If the individual has already used the 3 ABAWD months and is not exempt from the ABAWD requirements, an advance notice must be sent to close the case as the individual is no longer eligible.

 

If the individual had returned to work this is a mandatory reportable change.