9018.2 Maintaining and Regaining ABAWD Eligibility 7 CFR 273.24

This policy applies to applicants for and recipients of the Food Supplement Program who are able-bodied adults who do not have dependent children living with them. Definitions ABAWD (able-bodied adults without dependent children) means individuals without children in their FSP household who must work 20 hours a week and/or comply with certain work requirements in order to get food benefits. Work is defined as: A. Work in exchange for money; B. Work in exchange for goods or services (in-kind work); C. Unpaid work which is verified; or D. Any combination of the above definitions. Qualifying work programs include programs under: A. Workforce Investment Act; B. Trade Adjustment Assistance Act; or C. Employment and Training (except for job search or job search training programs). Countable months are months during which an individual receives food benefits for the full month while not: A. Exempt B. Meeting the work requirements C. Receiving prorated benefits . Benefits for ABAWDs Are Time-Limited Able-bodied adults without dependent children (ABAWDs) can only receive 3 months of food benefits in a 36 month period if they do not meet the work requirements. When the individual meets a work requirement, he or she may get benefits longer than 3 months. . ABAWDs Must Meet Work Requirements An ABAWD meets the work requirement when he or she: A. Works at least 20 hours per week (averaged monthly which means 80 hours a month); or B. Participates in a work program at least 20 hours per week; or C. Works and participates in a work program for any combination of hours that totaled 20 hours per week; or D. Participates and complies with a workfare program. . ABAWDs May Be Exempted from Time Limits The following individuals are exempt from the 3 month limitation even if they do not meet the work requirements. A. An individual who is under age 18. The month after the individual turns 18 is the first month he or she must start meeting the ABAWD work requirements. B. An individual who is 50 years of age or older. An individual is no longer considered an ABAWD the month he or she turns 50 years old. C. An individual who is obviously mentally or physically unfit for employment. D. An individual who is medically certified as physically or mentally unfit for employment. This must be verified by a written statement from medical personnel. E. An individual who is receiving temporary or permanent disability benefits issued by governmental or private sources. F. An individual who is a parent (natural, adoptive, or step) of a household member under 18 years of age. G. An individual who is living in a FSP household with a person who is under age 18, even if the person under 18 is not eligible for or receiving food benefits. H. An individual who is pregnant. I. An individual who is exempt from work requirements according to DSSM 9018.3. . ABAWDs May Be Exempted for Good Cause If the individual would have worked an average of 20 hours per week but missed some work for good cause, consider the individual to have met the work requirements if: A. The absence from work is temporary; and B. The individual retains his or her job. Good cause includes circumstances beyond the individual's control, such as, but not limited to: A. Illness; B. Illness of household member requiring the presence of the ABAWD; C. A household emergency; or D. The unavailability of transportation. . ABAWDs May Regain Eligibility Regaining eligibility applies to individuals who have received three ABAWD months then were closed or denied for failure to comply with ABAWD work requirements. After closing, an individual can regain eligibility if during a 30-day period the individual: A. Works (paid or non-paid) for 80 hours or more; or B. Participates in and complies with a work program for 80 hours or more; or C. Participates in and complies with a work supplementation program; or D. Participates in any combination of work and participation in a work program for a total of 80 hours; or E. Participates in a DSS workfare program; or F. Becomes exempt for any reason. . Resources and Income of ABAWDs Must be Counted The income and resources of individuals excluded from FSP eligibility because they have exhausted their ABAWD months are handled according to DSSM 9076.2. . ABAWDs Must Verify Certain Information Verification is handled according to DSSM 9032 and DSSM 9038. . ABAWDs Must Report Certain Work Changes Individuals subject to the time limit must report when their work hours fall below 20 hours per week, averaged monthly. Any work performed in a job that was not reported will be counted as work when determining countable months. . Benefits Received Erroneously Count as ABAWD Months If an individual subject to the time limit receives food benefits erroneously, consider the benefits to have been received. Exception: If an individual pays back erroneously issued food benefits in full, that month is not counted as an ABAWD month. 17 DE Reg. 66 (07/01/13)