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Page | 251 13231 EMPLOYMENT (ABAWD)
Individuals who work at a job, self-employment, in-kind employment, Trade Adjustment Assistance Program (TAA), or Workforce Innovation and Opportunity Act (WIOA)Program, an average of 80 hours a month times federal minimum wage, are excluded from time limits for each month the hours of employment average 80 hours or more. An individual can also complete unpaid work or volunteer work an average of 80 hours a month to become exempt. If an individual reports he/she is already volunteering at a community organization, DLR should be contacted to explore the potential of setting up the site as a workfare site. If the community organization chooses not to become a workfare site, prudent worker judgement should be used to allow hours at the community organization. Verification is required for all situations.
Unpaid work or volunteer work refers to performing tasks or services without receiving wages, to support a business, organization, or cause. To count toward SNAP work requirements, this work must: • Be ongoing or scheduled regularly, not a one-time activity. • Be verifiable — meaning the EABS can confirm your hours and duties. • If it is an organization, the work performed must be for a public or nonprofit organization (like schools, food banks, churches, or city agencies).
If an individual is self-employed, and the income is not enough to establish the work performed meets the 80 hours a month times federal minimum wage, the Specialist must establish (with the customer’s cooperation) that the amount of income shows gainful employment.
Individuals engaged in hobbies, volunteer work (not at an approve work site), or any similar activity cannot be considered gainfully employed because of the small amount of money received from these activities. DSS does not consider these activities as gainful employment, regardless of the amount of time they spend in the activity. This applies to individuals who are employed or self- employed.
The work exemption is determined prospectively; therefore, individuals who start employment may be exempt from ABAWD time limits if they can reasonably anticipate employment of at least 80 hours a month, the following month for on-going cases, or the month of application for new applicants. Prudent worker judgment should be used in this situation. If the individual provides verification of the employment start date, number of hours of employment is at least an average of 80 hours a month, and the information is not questionable, the individual may prospectively be considered exempt from the ABAWD time limits for that month.
Example: John worked for 40 hours a week June 2-6 and June 9-13. He was then laid off. John is exempt from ABAWD time limits for June because he averaged 20 hours a week for the month of June. However, in order for John to remain exempt, he would need to meet one of the other ABAWD exemptions. Example: Jane was hired for a job through WIOA and anticipates working for 20 hours a week for the month of July. If verification confirms the 20 hours per week for the entire month, the month of July would not be counted in the ABAWD time limit calculation.