245.09 The One Time "Cure": Reestablishing Elig. After Closing for Failure to Meet ABAWD Requirements SR 12-29, 11/12 (FSM-A)

A non-exempt able bodied adult without dependents (ABAWD) who has received 3 full months of Food Stamp benefits while not meeting ABAWD work requirements and has subsequently lost eligibility for failure to meet these work requirements, can regain eligibility:

• one time during the 36-month period by being cured; or

• by becoming exempt from or by meeting ABAWD work requirements.

Cure Work Requirements

To qualify for a one-time cure, a non-exempt ABAWD must meet one or more of the following cure requirements in any 30-day period following the ABAWD’s initial loss of eligibility for failure to meet work requirements:

• work 80 hours or more;

• participate in workfare for 80 hours or more;

• be in an approved special work-training program for 80 hours or more; or

• participate in any combination of these activities for at least 80 hours or more.

Curing requirements must be completely met prior to the ABAWD individual regaining Food Stamp eligibility.

Cured Non-Exempt ABAWDs

ABAWDS who regain eligibility after the one-time cure remain eligible for Food Stamp benefits as long as the ABAWD continues to meet ABAWD work requirements or becomes exempt from the ABAWD work requirements. Cured non-exempt ABAWDs who fail to meet ABAWD work participation requirements a second time are eligible for a second 3-month period of Food Stamp receipt while not satisfying ABAWD work requirements.

• Unlike the first 3-month period of receipt, these months must be consecutive.

• Any month in which the cured ABAWD does not satisfy ABAWD work requirements must be counted towards the "3 additional consecutive months" allowed a cured individual.

• The additional 3-month period of receipt does not begin until the ABAWD reports that he or she is no longer satisfying ABAWD work requirements. Because the 10-day reporting requirement still applies, the begin-date for the additional 3-month period must never be later than 10 days after the ABAWD individual fails to meet the work requirement for the second time.

• Partial months of eligibility do not count towards the 3-month period.

After receiving Food Stamp benefits for these additional months, the ABAWD’s eligibility is terminated effective the end-date of the 3rd month of receipt and the ABAWD is ineligible for Food Stamp benefits for the remainder of the 36-month period unless the individual:

• becomes exempt; or

• satisfies ABAWD work requirements.

References: He-W 701.01, RSA 161:4-a,IV, 7 CFR 273.24(d) & (e), 7 USC 2015(o)(5)