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Chapter: 1400 Technical Requirements Program: FS 18 Note: * The Department began the current 36-month period on January 1, 2022, and expires on December 31, 2024. New 36-month periods begin every third year on January 1 and expires on December 31. 1410.1802 Exemptions from ABAWD Provisions (FS) The time limit does not apply and the individual is not a “time-limited” ABAWD if he or she meets any of the following exemptions:

1. Is under 18 years of age or over 54 years of age. A person is considered 55 on their 55th birthday.

1. Physically or mentally unfit for employment (including 2 months post-partum). An individual is physically or mentally unfit for employment if he or she:

a. Is receiving temporary or permanent disability benefits issued by governmental Supplemental Security Income/Social Security Disability Income (SSI/SSDI) or private sources. Is obviously mentally or physically unfit for employment as determined by the eligibility specialist. Individuals are obviously unable to participate due to a physical or mental incapacity only if the physical or mental impairment(s) are of such severity that the individual is not only unable to do their previous work but cannot, considering education and work experience, engage in any other kind of substantial gainful work which exists in the national/state/local economy. This includes individuals who have proof of applying for SSI. The eligibility specialist is to record observations used to determine unfitness on CLRC.

b. If the unfitness is not obvious, it must be verified with a written or verbal statement from a physician, physician’s assistant, nurse, nurse practitioner, designated representative of the physician’s office, a licensed or certified psychologist, a social worker, or other medical personnel indicating, the individual is physically or mentally unfit for employment.

3. Is a parent (natural, adoptive, or step) or other member of the food stamp standard filing unit (SFU) with a child under age 18 in the standard filing unit, even if the member who is under 18 is not eligible for food stamps.

4. Is residing in an SFU where an SFU member is under age 18, even if the SFU member who is under 18 is not himself eligible for food stamps.

5. Is pregnant.

6. Is caretaker of an incapacitated individual.

7. Is caretaker of a child under 6 years of age.

8. Is a UCB applicant/recipient.

9. Is in a Drug or alcohol treatment program (does not include Alcoholics or Narcotics Anonymous or Sober Living Houses).

10. Is employed 120 hours/month or equivalent earnings (at least $870 monthly).

11. Is a student enrolled at least half time.

12. Is a refugee participating in Office of Refugee Resettlement (ORR) E&T program.