Exemptions from Work Requirements 430-05-40-50-05

(Revised 05/01/13 ML3365)

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IM 5280

 

An ABAWD who meets one of the following is exempt from the ABAWD provisions and not subject to limited benefits. Exemption criteria is determined prospectively, (TECS codes on the ABRE screen are listed.)

 

Verification of work hours is mandatory for items 5, 6 and 7.

 

  1. Exempt from the SNAP work requirements. (EX)

ABAWDS exempt from ABAWD provisions based on the SNAP work requirement exemption for working 30 hours or more per week are also coded (EX).

  1. All adult household members are exempt any time there is a child under the age of 18 in the same SNAP household. (EX)

Example:

A five-person SNAP household consists of mom, dad, child under the age of 18, an aunt to the child, and an unrelated adult. All four adults are exempt.

 

  1. State 15% exemption criteria. (SP)
  2. A pregnant woman. Client statement is acceptable. (PG)
  3. Working at least 20 hours per week averaged monthly (regardless of the hourly wage) but less than 30 hours or more per week. This includes volunteer and in-kind work where an individual is not paid. (HR)

Volunteer work is when arrangements have been made with a school, hospital, public service agency, library, nursing home, church or other community organizations.

In-kind work is when an individual works in exchange for goods or services.

Example:

An individual managing an apartment building in exchange for free or reduced rent.

 

This does not include court ordered community services or work done for family members or friends when the individual is not paid.

 

  1. Participating in (and complying with) a work program of 20 hours or more per week averaged monthly. Work program means:
  1. A program under the Workforce Investment Act of 1998 (WIA), this is administered by Job Services and can be verified by contacting that office. This includes the WIA administered by the Tribes as long as it meets the 20 hour or more per week averaged monthly requirement. (JT)
  2. A program under Section 236 of the Trade Act of 1974 (Trade Adjustment Assistance Act Program). This is administered by Job Services and can be verified by contacting that office. (TA)

The BEST Program does not meet this definition of either of these programs.

  1. Any combination of paid, volunteer, in-kind work, or work programs that equals 20 hours per week averaged monthly.

An ABAWD exempt from the ABAWD provisions for working an average of 20 hours or more per week is required to report if their hours fall below 20 hours per week. This includes ABAWDS exempt from the SNAP work requirement for working 30 hours or more per week.

If an individual is exempt from the ABAWD provisions at initial application or review for a reason other than working 20 hours or more per week averaged monthly, the individual remains exempt from the ABAWD provisions until the next review.  

An individual exempt from the ABAWD provisions at initial application or review for working 20 hours or more per week averaged monthly but less than 30 hours per week is required to work register.