245.03 Criteria for Exemption from ABAWD Work Participation SR 97-45, 12/97 (FSM-A)

ABAWD exemptions include all food stamp work registration requirements which apply to the individual and additional criteria specific to ABAWD policy as described below. Therefore, if an ABAWD individual is exempt from work registration, the individual is also exempt from ABAWD work participation.

Exception: Migrant worker exemption does not exempt ABAWDs. See Section 809 Exemptions From Food Stamp Work Requirements.

Individuals are exempt from ABAWD work participation requirements if they are:

. Employed for pay at least 30 hours per week or have weekly earnings at least equal to 30 hours times the federal minimum wage;

. Job attached, i.e., reasonably expected to return to a former employer within 60 days;

. Responsible for a dependent child under age 18 who is in the home or who is temporarily absent from the home and intends to return:

- Grant an exemption if the individual is the child's parent, foster parent, step parent, adoptive parent, guardian, adult with legal custody, or when no parent resides in the household, grant an exemption to a member of the household exercising parental control. In a two parent family with dependent children, grant an exemption to both parents.

. Responsible for the care of an adult household member who is disabled;

. Under age 18 or 51 or older;

. Medically certified as physically or mentally unable to work;

. Pregnant;

. Meeting the work participation requirements of an unemployment compensation program;

. An eligible student attending at least half-time in a recognized high school or equivalency program, training program, college, university or technical college, or

. Regularly participating in a supervised alcohol or drug treatment program.

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

Do not count toward the 3 month allowance any month in which an ABAWD-exempt individual receives food stamps.

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 a student may be exempt from ABAWD work participation requirements, the student must still meet student exemption criteria and 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

An individual who is closed due to failure to meet ABAWD work participation requirements, but who later becomes exempt, is no longer subject to participation requirements until the exemption is lost. An exempt individual may receive food stamps, and any months of receipt while the individual is exempt do not count toward the 3 month limit.