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Able-Bodied Adults without Dependents (ABAWDs)

Able-Bodied Adults without Dependents (ABAWDs). General Work Requirement Sect. 6(d) of Food and Nutrition Act and 7 CFR 273.7 vs. ABAWD Work Requirement and Time Limit Sect. 6(o) and 273.24. The SNAP Population. General SNAP Work Requirement. Applies to people who are:. Requires:.

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Able-Bodied Adults without Dependents (ABAWDs)

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  1. Able-Bodied Adults without Dependents (ABAWDs)

  2. General Work Requirement Sect. 6(d) of Food and Nutrition Act and 7 CFR 273.7vs.ABAWD Work Requirement and Time LimitSect. 6(o) and 273.24

  3. The SNAP Population

  4. General SNAP Work Requirement Applies to people who are: Requires: Register for work Participate in an E&T or workfare program if assigned by State Accept suitable employment if offered No voluntarily quit or reduction in work hours under 30 per week 273.7(a) • Age 16 - 59 • Fit for work • Working under 30 hrs per week • Not already complying with work requirements of another program • Not students • Not responsible for a child under 6 273.7(b)

  5. Failure to Comply with the General Work Requirement Ineligible for benefits (sanctioned) from 1 month to indefinitely, depending on the number of occurrences and the State’s chosen option Sanction periods: • 1st strike: 1 - 3 months • 2nd strike: 3 - 6 months • 3rd strike: 6 months to permanent 273.7(f)(2)

  6. ABAWD Work Requirement & Time Limit Applies to people who are: Requires that ABAWDs: Work or participate in a work program (e.g. E&T) at least 20 hours per week, averaged monthly Participate in and comply with a workfare program 273.24(a) • Age 18 - 49 • Fit for employment • Do not live in a SNAP household with a minor • Not pregnant • Not already exempt from general work requirement • Not covered by time limit waiver or 15 percent exemption 273.24(c)

  7. Failure to Fulfill the ABAWD Work Requirement and the Time Limit ABAWDs are limited to 3 months of SNAP eligibility in any 3-year period while not fulfilling the ABAWD work requirement or otherwise exempt The time limit is the teeth behind the ABAWD work requirement

  8. Countable Months • A “countable month” is any month in which an ABAWD receives a FULL month of benefits while not fulfilling the ABAWD work requirement or otherwise exempt. 273.24(b)(1)

  9. 15 Percent Exemptions • Each 15 percent exemption can exempt 1 ABAWD from the time limit for 1 month • FNS provides a new allotment each fall, and unused exemptions carry-over • States can use 15 percent exemptions as they see fit 273.24(g) Time Limit Waivers • States can request to waive the time limit in areas with high unemployment or lack of sufficient jobs • If, when, and where to request a waiver is a State decision, but any request must be supported with evidence 273.24(f)

  10. Regaining Eligibility • ABAWDs who have exhausted their 3 countable months can regain eligibility: • Meet an exemption from ABAWD work requirements • Fulfill the ABAWD work requirement for 30 consecutive days • ABAWDs who regain eligibility by working get an additional 3 consecutive countable months 273.24(d) and 273.24(e)

  11. Options for measuring the 36-month time period: • Rolling Clock: looks back 36 months from any point in time • Fixed Clock: Starts on a certain day and runs for 36 months with a set start/stop date. • States can choose to have – • Same period for everyone • Individual period No matter what, it’s always 36 months 273.24(b)(3)

  12. Fixed Clock Same period for everyone Every ABAWD in the State is on the same 36-month timeline

  13. Fixed Clock Individual periods Each ABAWD has their own 36-month period, based on the time they were certified for benefits or became an ABAWD.

  14. Rolling Clock Looks back 36 months from any point in time, and clicks forward as months pass 1 month later, the clock rolls forward and August 2012 falls off . . .

  15. What needs to be tracked each month for each individual ABAWD? • Participation status • Countable months • Fulfillment of the work requirement • Exemption status • 15 percent exemption • Good cause • Additional 3-month eligibility

  16. Effectively Identifying ABAWDs • Screen at certification and determine ABAWD status • Set certification periods consistent with household circumstances • Review the case file and household circumstances at periodic report and recertification

  17. States are responsible for notifying ABAWDs • Explain the work requirement, time limit, and exemption criteria at certification, periodic report, and recertification • Provide an adequate NOAA prior to enforcing the time limit • Provide an additional notice prior to waiver expiration

  18. Final Thoughts • Inaccurate application of the time limit can significantly impact State error rates • States can still request to waive the time limit • States are not required to assign E&T for all ABAWDs; States can run voluntary or mandatory E&T programs for ABAWDs

  19. Resources • Guide to Serving ABAWDs Subject to Time Limited Participation • June 2015 ABAWD Questions and Answers memo • March 2015 Expiration of ABAWD Time Limit Waivers memo • December 2013 ABAWD Questions and Answers memo • Partnerweb • http://www.fns.usda.gov/snap/able-bodied-adults-without-dependents-abawds

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