402 Countable Months-Exemptions

1. Employed, either for wages, self-employment The act of engaging in a trade or business. A trade or business is generally an activity carried on for a livelihood or in good faith to make a profit. An individual does not have to make a profit to be in a trade or business as long as a profit motive exists enterprise, in-kind services or non- compensation/volunteer or any combination of the above a monthly average of 80 per month or 20 hours per week. (This means a person who worked 80 hours in four weeks would have an average of 20 hours per week for the month.)

   • This must be verified via pay stubs, written statement from the employer, self-employment records, or verbal or written statement from the volunteer organization or individual for whom volunteer work is being done.

   • For individuals hired under contract, view the contract to determine the anticipated number of weeks the individual will be working in the position. Then determine the number of hours per week to evaluate this exemption.

   • Unpaid or volunteer work can be provided at religious or community organizations. (This does not include court-ordered community services or work done for family members for friends when the individual is not paid.)

   Note:Narratives must be entered to indicate specifically what verification Third-party information or documentation used to establish the accuracy of statements. was used.

    

2. Participating in and complying with a Title 1 of the Workforce Investment Opportunities Act (WIOA) Program, Section 26 of the Trade Adjustment Assistance Act (TAA) program, or SNAP Employment and Training (SNAP E&T) qualifying component 20 hours a week, averaged monthly.

   Note:A combination of employment, volunteering or compliance with a work program can be used to meet this requirement. (e.g., 20 hours per week volunteering at the hospital the first two weeks of the month can be combined with 20 hours per week in a qualifying E&T component the last two weeks of the month to allow for the entire month to meet this requirement.)

    

Good Cause

If an individual would have worked an average of 20 hours per week but missed some work for good cause, the individual shall be considered to have met the work requirement if the absence from work is temporary and the individual retains his or her job. Good cause shall include circumstances beyond the individual's control, such as, but not limited to, illness, illness of another household People who buy and prepare food together. Spouses, parents, and children who live together are usually counted as the same household. member requiring the presence of the member, a household emergency, or the unavailability of transportation. Refer to 302 Good Cause and Unsuitable Employment for a complete list of good cause circumstances. A 10-day notice requesting verification of good cause is sent when it has been reported or discovered that the ABAWD is no longer meeting the work requirement. This notice must be sent before an Advance Notice of Closure.

Any Work Registration The act of signing the application or recertification form attesting to work registration requirements. Exemption OR one of the following exemptions will exempt an ABAWD from the three-month time limit. Refer to 301 Work Registration Overview. If an individual is Work Registration exempt, narrate that the same exemption applies for ABAWD time limit provision. If they are not Work Registration exempt, screen the individual to see if they meet one of the exemptions below:

1. Age 17 or younger. The month following the month of the 18th birthday is the first month counted toward the three-month limit unless the individual meets another exemption.

2. Age 65 or older. The month of the 65th birthday counts as an exempt month.

3. Physically or mentally unfit for employment. If mental or physical unfitness is claimed but not evident (not visible during interview or not previously documented of ongoing unfitness), verification must be required. Appropriate verification may consist of receipt of temporary or permanent disability benefits issued by governmental or private sources, or a statement from a physician or licensed or certified psychologist.

   • Physically or mentally unfit also includes individuals in receipt of VA disability compensation regardless of the individual’s disability percentage. Refer to the disability policy in the manual when determining whether to enter the disability in the disability screen in the integrated eligibility system indicating that the individual is a “disabled A member of a household who meets one of the following criteria: 1.Eligible to receive SSI benefits, including presumptive SSI payments, or is eligible as a 1619B under SSI criteria. 2.Is determined disabled by SSA and in receipt of disability payments. 3.Is a recipient of disability related medical assistance under Medicaid (Title XIX of the Social Security Act). Eligibility to receive these benefits must be based on disability or blindness criteria, which is at least as stringent as SSI regulations. 4.Is in receipt of disability retirement benefits from a government agency because of a disability considered permanent under Social Security disability criteria. 5.Is a veteran with a service connected or non-service connected disability. 6.Is a veteran considered by the VA in need of regular aid and attendance or permanently house bound under Title 38 of the United States Code. 7.Is a surviving spouse of a veteran and considered by the VA in need of regular aid and attendance or permanently house bound or a surviving child of a veteran and considered by the VA as permanently incapable of self-support under Title 38 of the United States Code. 8.Is a surviving spouse or surviving child of a veteran and considered by the VA entitled to compensation for a service-connected death or pension benefits for a non-service-connected death under Title 38 of the United States Code and has a disability considered permanent. Entitled refers to a surviving spouse and surviving children who are receiving the compensation or pension benefits stated or have been approved for such payments but are not yet receiving them. 9.Is in receipt of a Railroad Retirement disability annuity and has been determined to qualify for Medicare. 10.Is in receipt of SSI optional or mandatory supplementation. (North Dakota does not have SSI optional or mandatory supplementation. However, someone moving to North Dakota may have received this benefit from another state.) 11. Is in receipt of disability-based State general assistance benefits, provided that the eligibility to receive any of these benefits is based upon disability or blindness criteria established by the state they receive the benefit from, which are at least as stringent as those used under SSI regulations. (North Dakota does not have disability-based State general assistance benefits. However, someone moving to North Dakota may have received this benefit from another state.) member” and narrate.

4. An individual with responsibility to care for a dependent A person who relies on another for support. household member under age 14, even if the household member who is under 14 is not eligible Having met the qualifications to receive a SNAP benefit by meeting the specified nonfinancial and financial requirements of eligibility. for SNAP.

5. Residing in a SNAP household where a member is under age 14, even if the household member who is under 14 is not eligible for SNAP.

6. Pregnant and have provided the estimated date of delivery. Client statement is acceptable, unless questionable.

7. Indians, Urban Indians or California Indians. Indian, Urban Indians or California Indians is defined as: people who are eligible for Indian Health Services (IHS); this includes members and decedents of federally recognized America Indian or Alaska Native tribes, as well as California Indians and others recognized under federal law. Verification is required.

8. Individual resides in a waived county. Refer to 403 Geographic Waiver.

9. State Discretionary Exemption Criteria

   • State discretionary exemption criteria are applied at the discretion of SNAP policy, allowing flexibility in their implementation based on specific circumstances.

      

If the eligibility worker determines an individual's exemption is questionable, the eligibility worker must first attempt to verify the exemption status using information available to the State agency, such as information from other public assistance programs through data sharing, before requiring individuals provide documentary evidence or other sources of verification.

The integrated eligibility system will determine ABAWD exemptions following the below hierarchy:

1. Indians, Urban Indians or California Indians

2. Parent or responsible individual with child under 14 in the home.

3. Physically or Mentally unfit for employment

4. Individual reside in a Waiver County.

5. Individual is pregnant.

6. Individual is exempt from Work requirement

7. ABAWD meeting Work Hours requirement.

8. Prorated Month.

9. State Discretionary Exemption.