(Revised 04/01/08 ML3136)
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IM 5153
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.
If during the three ABAWD months an individual becomes exempt, the change must be made for the next benefit month as exemption criteria is determined prospectively.
Examples:
- An individual applies and is not exempt from the ABAWD work requirements on November 1st. The individual is approved and certified through October. 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, December and January are counted as an ABAWD months. The individual is exempt for February.
- 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.
- 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 October. 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.
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 review, 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. Since this individual is exempt at review, the individual remains exempt until the next review. A six month review period is assigned to the case, July through December.
At review in December, 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.
