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Page | 252 If the individual was correctly determined eligible prospectively, and later in the month the job hours decreased below 80 hours a month, through no fault of the individual, the month will remain exempt from the ABAWD time limit. However, if the information was reported incorrectly or the individual caused the decreased hours, a claim needs to be completed, and the month will continue to count until the month’s benefits have been repaid. SNAP program staff will track repayment of the benefits and notify staff when the month no longer counts. In order for SNAP program staff to monitor ABAWD repayment, a copy of the Overpayment Report, DSS-EA-894, must be sent to SNAP program staff at the same time the original document is sent to ORFI.

13232 WORKFARE FOR ABAWDS

Individuals are excluded from ABAWD time limits if they work at a workfare (community service) site for the required number of hours. The required number of hours is determined by the SNAP allotment divided by federal or state minimum wage (whichever is higher). If there is more than one person in the household completing workfare, the allotment is divided by the number of individuals completing workfare (CSRV code “F”) and prorated. If an individual reports he/she is already volunteering at a community organization, Department of Labor and Regulation (DLR) staff should be contacted to explore the potential of setting up the site as a workfare site. If the site chooses not to participate in the workfare program, contact SNAP Program staff for guidance. DLR staff may also require the individual to complete job search as part of his/her workfare hours.

The workfare exemption is determined prospectively; therefore, individuals who start at a workfare site may be exempt from ABAWD time limits if they can reasonably anticipate working their required number of hours during the prospective month. Prudent worker judgment is a factor. If verification of the workfare start date, number of scheduled hours is equal to their allotment divided by federal or state minimum wage (whichever is higher), and the individual’s participation is not questionable, the individual may prospectively be considered exempt from the ABAWD time limits for that month. If the individual has a past history of failing to participate or not working the required number of hours, approval may be withheld until the required workfare hours are completed. Once a history has been established of cooperation, benefits should be paid timely because prospective workfare eligibility should be considered reasonable.

If the individual was correctly determined eligible prospectively, and later in the month the individual did not complete all of the workfare hours required because of the workfare site or the individual had good cause, the month will remain exempt from the ABAWD time limit. If the workfare hours were not met and the individual did not have good cause, the month becomes a countable month and the ABAWD clock needs to be updated (contact the DSS Help Desk to update). If the individual has used their three ABAWD months, a claim will need to be completed, Example 1: John’s October SNAP benefit is prospected at $160.00. He must work at a workfare site for 14 hours (160 divided by $10.80 = 14.81, rounded down) in October. Example 2: John and Jane’s allotment is $225 for October. John and Jane have each located a workfare site. John and Jane must each complete 10 hours because $225 by 2 workfare members = $112.5 divided by minimum wage of $10.80 = 10.41. Example: On July 15, Jane reported and verified that she was to start employment on July 29 for 20 hours a week. Jane was prospectively determined eligible for August and August was not a countable ABAWD month. Jane was laid off August 15. August remains a non-countable month because the prospective information was correct at the time it was reported.