701 Exemptions from Work Registration

A. Exemptions The following persons are exempt from the work registration requirement. 1. A person younger than sixteen years of age or a person sixty years of age or older. If a child has his 16th birthday within the certification period, the child shall fulfill the work registration requirements as a part of the next scheduled recertification process, unless the child qualifies for another exemption at that time. 2. A sixteen or seventeen year old who meets any one of the following criteria: a) Is not a head of household (as defined in Section 704A). b) Is attending school. c) Is enrolled in an employment training program on at least a half-time basis. 3. A person physically and mentally unfit for employment. a) If mental or physically unfitness is claimed and the unfitness is not evident to the worker, verification may be required. Appropriate verification may consist of receipt of temporary or permanent disability issued by governmental private sources or a statement from a physician or licensed or certified psychologist. b) Pregnancy is not necessarily a disabling condition. Therefore, before an exemption may be granted due to pregnancy, there must be verification from a physician to establish the claim of disability. 4. A household member subject to and complying with any work requirement under the AFDC program including JOBS. a) If the exemption claimed is questionable, the worker shall be responsible for verifying the exemption. b) An exemption from JOBS does not automatically exempt a person from food assistance work registration. Different rules concerning age, language, medical or social characteristics may cause a person to be exempt under JOBS; but unless that person was also exempt under food assistance policies, food assistance work registration would be required. 5. A parent or other household member who is responsible for the care of a dependent child under 6 years of age or an incapacitated person. a) If the child has his 6th birthday within a certification period, the individual responsible for the care of the child shall fulfill the work registration requirement as part of the next scheduled recertification process, unless the individual qualifies for another exemption. b) The dependent child or incapacitated person need not be a household member. 6. A person receiving Unemployment Compensation Benefits. A person who has applied but has not yet begun to receive Unemployment Compensation is also exempt from work registration if that person was required to register for work with the Employment Service agency as part of the unemployment compensation application process. If the exemption claimed is questionable, the county department shall be responsible for verifying the exemption with the appropriate Employment Service Office. 7. A regular participant in a drug addiction or alcoholic treatment and rehabilitation program. A regular participant is exempt regardless of whether or not he participates on a resident or nonresident basis. 8. A person who is employed, self-employed and is a) Working a minimum of 30 hours weekly or b) Receiving weekly earnings at least equal to the Federal minimum wage multiplied by 30 hours. The training wages mandated by the Fair Labor Standards Act of 1989 shall be substituted for the minimum wages for persons receiving paid training wage. This training wage is limited to a 90-day period for employees under age 20. If the household member’s hours or wages fluctuate on a weekly basis, an average figure shall be determined by converting the hours or wages into a weekly figure. The specific period of time selected for the averaging shall be done in conjunction with the household and should be tied to the number of weeks best anticipated. This averaging process is for the determination of work registration exemption only. An applicant, not otherwise exempt from the work registration requirement, may be exempt when income from employment consists, in whole or in part, of in-kind benefits which are otherwise excluded as income so long as the number of hours worked or the in-kind and/or wages are equal to the Federal minimum wage multiplied by 30 hours weekly. 9. Migrants or seasonal farm-workers who are under contract or similar agreement with an employer or crew chief to begin employment within 30 days (although this shall not prevent individuals from seeking additional services from the Employment Service Agency). 10. A student enrolled at least half-time in any recognized school (including high school), training program, or institution of higher education, provided those students who are enrolled at least half-time in an institution of higher education had met the eligibility conditions in Chapter 5. a) A student enrolled in any recognized school, training program, or institution shall remain exempt during normal periods of class attendance, vacation and recess, unless the student graduates, is suspended or expelled, drops out, or does not intend to register for the next normal school term (excluding summer). b) Persons who are not enrolled at least half-time or who experience a break in enrollment status due to graduation, expulsion, or suspension, or who drops out or who otherwise do not intend to return to school, shall not be considered students for the purpose of qualifying for this exemption. Persons enrolled in correspondence courses are required to register for employment unless otherwise exempt under any other provisions. B. Losing Exemption Status Changes required to be reported For semi-annual reporting households, persons losing exemption status due to any change in circumstances that is subject to the reporting requirements in Chapter 17 shall register for employment when the change is reported. For non-semi-annual reporting households, persons losing exemption status due to any change in circumstances that are subject to the reporting requirements in Chapter 12, such as loss of employment that also results in a loss of income of more than $25 a month, or departure from the household of the sole dependent child for whom an otherwise nonexempt household member was caring, shall register for employment when the change is reported. The county department shall be responsible for providing the participant with a work registration form when the change is reported. The participant shall be responsible for returning the form to the county department within 10 calendar days from the date the form was handed to the household member reporting the change in person, or the date the county department mailed the form. If the participant fails to return the form, the county department shall issue a notice of adverse action stating that the participant is being terminated and why, but that termination can be avoided by returning the form prior to the effective date of the adverse action. (The return of the form thus voids the notice of adverse action). Changes Not Required To Be Reported Those persons who lose their exemption status due to a change in circumstances that is not required to be reported shall register for employment at their household’s next recertification.