Food stamp eligibility requirements for able-bodied adults without dependents (ABAWDS).

(1) No individual may participate in the food stamp program if, for at least three months within the most recent 36-month period, he/she participated in such program and did not:

(i) work for at least 80 hours per month; provided, however, that work means:

(a) work in exchange for money;

(b) work in exchange for goods and services ("in-kind" work) or unpaid work (volunteer). For purposes of this subdivision there is no hourly wage requirement, but, the work performed may not violate any State or Federal law or regulation; or

(ii) participate in, for at least 80 hours per month, and comply with the requirements of a work program assigned to such individual by the social services official in accordance with the requirement of this Part, or programs operated under title I of the Workforce Investment Act of 1998 or section 236 of the Federal Trade Act of 1974. Such programs may contain job search or job search training as a subsidiary component if hourly participation in job search or job search training comprises less than one-half of the total hours of participation in any month; or

(iii) work and participate in work programs described in subparagraph (i) or (ii) of this paragraph for a combined total of at least 80 hours per month; or

(iv) participate in and comply with the requirements of a program established by the commissioner in accordance with the provisions of section 20 of the Food Stamp Act of 1977 or a comparable program established by the commissioner in accordance with the requirements of this Part.

(2) Countable months. For purposes of determining the months during which an individual received food stamp benefits without meeting the requirements of paragraph (1) of this subdivision, the following calendar months shall not be considered:

(i) a calendar month during which the individual did not receive food stamp benefits for the full month;

(ii) a calendar month during which the individual is exempt from the ABAWD requirement in accordance with paragraph (5) of this subdivision for all or any part of the calendar month; and

(iii) a calendar month during which the individual received food stamp benefits from or resided in an area of the State covered by a waiver of the ABAWD requirement in accordance with section 6(o) of the Food Stamp Act.

(3) Good cause. If an individual would have worked 80 hours per month but failed to complete some or all of the hours of work, the individual shall be considered to have met the work requirement if the absence from work is with good cause, is temporary, and the individual retains his or her job. The social services official must consider the facts and circumstances of the absence from work in determining good cause. Good cause includes circumstances beyond the individual's control, such as, but not limited to, illness of the individual, illness of a household member that required the presence of the individual, or a household emergency.

(4) Verification of work hours.

(i) An individual subject to the food stamp time limit established by paragraph (1) of this subdivision is required to verify work hours at certification and recertification if he or she is meeting the work requirement by working, combining work and work program participation, or by participating in a program that is not operated by the social services district.

(ii) An individual subject to the food stamp time limit established by paragraph (1) of this subdivision must report changes in work/work program hours that result in the individual working less than 80 hours per month.

(5) The provisions of paragraph (1) of this subdivision do not apply to an individual who:

(i) is exempt from work registration in accordance with subdivision (a) of this section. However, an individual is exempt due to being physically or mentally unfit for employment if the individual:

(a) provides verification of receipt of temporary or permanent disability benefits issued by governmental or private sources; or

(b) is determined by the social services official to be unfit for employment. Where unfitness is not evident, the social services official may require documentation from medical personnel that the social services district determines appropriate. The social services official shall have sole discretion in determining whether any documentation provided by the individual or by medical personnel is sufficient evidence of the claimed impairment; or

(ii) is not exempt from work registration but who is:

(a) under 18 years or 50 years of age or older;

(b) pregnant; or

(c) a parent (birth, adoptive or step) or other adult residing in a household where a household member is under age 18.

(6)

(i) An individual who is ineligible for food stamps because of the provisions of this section may establish eligibility, if otherwise eligible in accordance with the provisions of this Part, by working or participating in programs described in paragraph (1) of this subdivision within any consecutive 30-day period; provided, however, that work or participation in work programs must be performed for at least 80 hours in the 30-day period.

(ii) For purposes of establishing eligibility in accordance with this paragraph, districts may allow applicant ABAWDs to reestablish eligibility by participating in a 30-day period of job search followed by a work experience placement if no job is obtained.

(iii) For purposes of establishing eligibility in accordance with this paragraph, an individual may be determined eligible for benefits if he or she can verify to the satisfaction of the social services district that he or she will meet the requirements of subparagraph (i) or (ii) of this paragraph within the 30 days subsequent to application.

(iv) Individuals regaining eligibility by working, participating in a work program, or combining hours worked and hours participating in a work program shall have benefits issued back to the date of application.

(v) If an individual who has reestablished eligibility under this paragraph either loses a job or ceases to participate in a work program he/she will be eligible for food stamps for up to one additional three consecutive month period in the 36-month period set forth in paragraph (1) of this subdivision, without working or participating in a work program starting on the date the individual first notifies the social services district that he/she is no longer fulfilling the work requirement; or, if meeting the work requirement by participating in a work or work experience program administered by the social services district, the date the district notifies the individual he/she is no longer meeting the work requirement.