Page 244

Page | 243 or in-kind employment hours are not counted in the 30 hours a week determination – the hours are only used to determine ABAWD eligibility.

If the amount of income does not substantiate a claim of employment of 30 hours per week, but the person still claims to be employed, the applicant is required to supply documentary evidence which certifies the existence of an employee/employer relationship and that the number of hours worked is equivalent to at least 30 hours a week. The Specialist will be available to assist the applicant, if needed.

13130.10 SELF-EMPLOYED Self-employed individuals are exempt if they work at least 30 hours per week or receive weekly gross earnings equal to the federal minimum wage multiplied by 30 hours. This applies whether the self-employed person is working 30 hours per week during the certification period or an average of 30 hours per week a year.

If a person claims exemption because of self-employment, proof of the amount of self- employment income is enough to establish the exemption. The amount of income verified must be consistent with full-time (30 hours per week) employment.

If the income is not enough to establish the exemption, but the customer still claims to be self- employed, the Specialist must establish (with the customer’s cooperation) that the amount of income shows gainful employment. To decide that the self-employment enterprise is a full-time job, Specialists must evaluate the volume of work the customer claims.

Individuals engaged in hobbies, volunteer work, or any similar activity cannot be considered gainfully employed because of the small amount of money received from these activities. DSS does not exempt these individuals from work registration regardless of the amount of time they spend in the activity. This applies to individuals who are employed or self-employed.

13130.11 STUDENTS Eligible students are exempt from work registration if they are enrolled at least half-time in any recognized school, high school, training program, or institution of higher education.

The work registration exemption for eligible students stays in effect for regular school vacations and recesses as long as enrollment status continues.

Students who are not enrolled at least half time; who have a break in enrollment upon graduation, expulsion, or suspension; or who drop out or otherwise do not intend to return to school are not exempt from work requirements.

13130.12 TRIBAL WORK EXPERIENCE PARTICIPANT A person participating in the Tribal Work Experience Program is exempt. Verification of participation is required, and the individual must be notified to report when or if their participation is terminated.

13130.13 RESIDENTS OF COMMUNITY SUPPORT PROVIDER (CSP)FACILITIES Members of CSP facilities in group living arrangements are excluded from the work registration requirement because they meet the disability criteria.