Gainful Employment 510-05-57-15

(Revised 10/1/2025 Release 25.16)

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(N.D.A.C. 75-02-02.1-24.2)

 

An individual is considered gainfully employed if all the following conditions are met:

 

Other considerations around gainful employment:

 

Examples of Jobs that meet gainful employment conditions:

 

Jobs are not considered gainful employment when:

Note: Vocational Rehabilitation, Developmental Disabilities programs and Special Education often use situational assessments in actual business settings to evaluate vocational potential or to provide the individual with experiences in various employment settings to assist in making career decisions. There may be actual work activity in the workplace but there is no commitment to hire, or one expected as an outcome.

 

When an individual who is considered gainfully employed stops working, and is no longer on the payroll, the individual is no longer considered gainfully employed.

When a recipient of WWD is unable to work due to illness or injury, the individual will continue to be considered gainfully employed if the individual intends to and can return to work.