245.03 Criteria for Exemption from ABAWD Work Requirements SR 23-26 Dated 06/23

An ABAWD is exempt from ABAWD work requirements if the ABAWD meets one of the exemptions from SNAP work requirements. For a list of exemptions from SNAP work requirements see PART 809, EXEMPTIONS FROM SNAP WORK REQUIREMENTS.

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

a member of a SNAP 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 SNAP benefits.

The child under age 18 must be considered a member of the ABAWD individual’s SNAP household or would be considered a member of the ABAWD individual’s household if not excluded or disqualified from being a member in that household.

If the child is excluded from receiving SNAP in one household because the parents have 50/50 custody and the child is already receiving SNAP in the other parent’s household, both parents are exempt from ABAWD work requirements.

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;

residing in certain areas with a high unemployment rate and/or lack of available jobs. Towns exempt through September 30, 2023 include Dalton, Ellsworth, Hale’s Location, Lincoln, Pinkham’s Grant, Stratford, North Stratford, Stratford Hollow, and Waterville Valley; or

medically certified as physically or mentally unfit for employment.

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An individual is medically certified as physically or mentally unfit for employment if they:

are receiving temporary or permanent disability benefits issued by governmental or private sources;
are obviously mentally or physically unfit for employment; or
if the unfitness is not obvious, provide a statement from a medical professional that verifies the individual is physically or mentally unfit for employment.

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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 SNAP benefits. The individual must also be eligible for SNAP benefits in all other respects.

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 SNAP 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: 7 CFR 273.7(b); 7 CFR 273.24(c); 7 USC 2015(o)(3); FNS Waiver #00004509