245.03 Criteria for Exemption from ABAWD Work Participation SR 11-34, 08/11 (FSM-A)

Except for the exemption for migrant or seasonal farm workers, ABAWD individuals are exempt from ABAWD work requirements if the ABAWD meets one of the exemptions from Food Stamp Work Registration requirements. For a list of exemptions from Food Stamp Work Registration requirements see FSM 809, Exemptions From Food Stamp Work Requirements.

ABAWD individuals are also exempt from ABAWD work participation requirements if they are:

• a member of a household that includes a child under age 18 who lives in the home, or who is temporarily absent from the home and intends to return, regardless of the ABAWD individual’s relationship to or responsibility for the minor child, and regardless of the minor child’s eligibility for Food Stamps. The child under age 18 must be considered a member in the ABAWD individual’s Food Stamp household, or would be considered a member in the ABAWD individual’s household if not excluded or disqualified from being a member in that household. The child could be excluded or disqualified from receiving Food Stamp assistance in that household for numerous reasons, such as alien status, work registration penalties, felony drug conviction, etc. An ABAWD work exemption is not allowed if the child under age 18 is a non-household member (purchasing and preparing food separately from the ABAWD individual) who happens to share a residence with the ABAWD individual.

• under age 18 or age 50 or older;

• pregnant; or

• residing in areas served by the Berlin, Conway, or Littleton District Offices whose residents are exempted from ABAWD work participation requirements by the 15% discretionary exemption.

An individual verified to meet an exemption at any time during a month is considered to be exempt for the entire month.

An individual who is exempt from ABAWD work participation requirements is not automatically eligible for food stamps. The individual must also be eligible for food stamps in all other respects.

Example

Although pregnancy or age may exempt an individual from ABAWD work participation requirements, the individual must still meet all other applicable food stamp eligibility requirements.

Loss of Exemption Status

If an individual loses an exemption, reevaluate the individual’s eligibility under ABAWD policy and take the appropriate case action.

Exemption After Loss of Eligibility for Failure to Meet Work Participation Requirements

Due to the suspension of the restriction on ABAWD participation in the Food Stamp Program while not meeting ABAWD work requirements, ABAWDs who do not meet these work participation requirements will not be limited to 3 months of Food Stamp assistance in a 36-month period and can continue to receive Food Stamp benefits without meeting these work requirements through September 30, 2012. *