Exemptions from Work Requirements 430-05-40-10

(Revised 04/01/08 ML3136)

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The following individuals are exempt from the work requirements (client statement is acceptable unless questionable):

  1. Individuals age 60 or older. If an individual turns age 60 during the month of application, they are exempt.
  2. Individuals younger than 16 years of age.

If an individual reaches their 16th birthday and they are not exempt, they must register as part of the next scheduled certification process.

  1. Individuals age 16 or 17 if:
  1. Not the head of household, or
  2. Attending school, or
  3. Enrolled in an employment or training program at least half-time.
  1. An individual enrolled at least half-time in high school or working to obtain a GED, in any recognized school, training program, or institution of higher education.

An individual remains exempt during normal periods of class attendance, vacation, and recess.

 

If an individual graduates, is suspended or expelled, drops out, or does not intend to register for the next normal term (excluding summer school), they are no longer considered a student and are not exempt.

 

Examples:

  1. An individual who graduates from high school in May and anticipates or is accepted for the fall semester in an institution of higher education is not considered a student until the first day of the school term and is not exempt from the work requirements.
  2. An individual, who has not attended the prior school term but anticipates or is accepted for the next term, is not considered a student until the first day of the school term and is not exempt from the work requirements.

 

  1. Individuals physically or mentally unable to work. If the physical or mental incapacity is obvious and known to the worker, it should be documented in the case file and no further verification is needed.

If the physical or mental incapacity is not obvious or known to the worker, verification is required.

 

Examples:

  1. A physician's statement.
  2. A statement from a licensed or certified psychologist or psychiatrist.
  3. Application for, receipt of, or entitlement to temporary or permanent disability benefits.
  4. Individuals who are appealing a SSA or SSI denial.
  5. Individuals who are accepted and actively involved in services through Vocational Rehabilitation as verified by Vocational Rehabilitation.
  6. An individual in receipt of Temporary Assistance to Needy Families (TANF), including Diversion Assistance, or Tribal Work Experience Program (TWEP).
  7. A parent or other household member responsible for the care of a dependent child under six or an incapacitated individual who is a member of the food stamp household. Only one member may claim an exemption as the primary person responsible for the care of dependents when the responsibility is shared.
  8. If the child's sixth birthday is reached within a certification period, the individual responsible for the child's care must register as part of the next regular recertification process unless otherwise exempt.

The exemption for the primary care giver can be changed during the household’s certification period.

  1. Individuals who are in receipt of unemployment compensation including Railroad Unemployment Benefits or one who has applied for and is eligible, but has not yet started to receive unemployment compensation. If the eligibility is questionable, verification must be obtained.
  2. A regular participant (whether in or outpatient) in a drug addiction or alcohol treatment and rehabilitation program.
  3. Individuals who are employed and working at least 30 hours weekly (can be averaged) or receiving weekly earnings at least equal to the federal minimum wage multiplied by 30 hours. This includes:
  1. Self-employed individuals who are certified for one year when the worker determines that the employment constitutes a full-time job.
  2. Individuals receiving a training wage. The training wage must be substituted for the applicable federal or state minimum wage when determining if the individual is exempt from work requirements.
  3. State certified individuals who home school their children a minimum of 30 hours per week. For State certification, the school district must have certified the individual to do home schooling.
  4. Individuals who, by contract, derive their annual income in a period of time shorter than one year.

 

If an individual is NOT an ABAWD and NOT exempt from the work requirements at the time of initial application or recertification, the individual is required to register for work by completing the SFN 385 – Affidavit for Food Stamp Work Requirements at the time of application and recertification.  The individual is not required to work register again until the next recertification.