245.03 Criteria for Exemption from ABAWD Work Participation SR 15-06, 02/15 (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 PART 809, EXEMPTIONS FROM FOOD STAMP PROGRAM (FSP) WORK REQUIREMENTS.

ABAWD individuals are also exempt from ABAWD work requirements if the ABAWD is:

. a member of a Food Stamp 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 Stamp benefits. 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 the age of 18 or is age 50 or older;

. pregnant; or

. residing in certain areas with a high unemployment rate and/or lack of available jobs. Areas exempt through September 30, 2015 include Dummer, Errol, Stark, Stratford, and Wentworth's Location, all part of the Berlin District Office catchment area.

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 requirements is not automatically eligible for Food Stamp benefits. The individual must also be eligible for Food Stamp benefits in all other respects.

Example

Although pregnancy or age may exempt an individual from ABAWD work requirements, the individual must still meet all other applicable Food Stamp Program (FSP) 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 ABAWD Work Requirements

An individual who loses eligibility for Food Stamp benefits due to failure to meet ABAWD work requirements, but who later becomes exempt from those work requirements, is no longer subject to ABAWD work requirements until the exemption no longer exists.

References: He-W 701.01, 7 CFR 273.2(f)(1)(xiv) & (f)(8)(i)(C), 7 CFR 273.7(e), 7 CFR 273.24