Current through 2024-38, September 18, 2024
1.
GENERAL
RULE
A. An Able-Bodied Adult Without
Dependents (ABAWD) is an individual who is-
(1) at least 18 years of age, and
(2) in a SNAP household with no members under
the age of eighteen (18).
B. An individual is no longer an ABAWD-
(1) As of September 1, 2023, beginning the
month they turn fifty-two (52) years of age.
(2) As of October 1, 2023, beginning the
month they turn fifty-four (54) years of age.
(3) As of October 1, 2024, beginning the
month they turn fifty-six (56) years of age
(4) As of October 1, 2030, beginning the
month they turn fifty (50) years of age.
2.
WORK REQUIREMENTS
A. An ABAWD is not eligible for SNAP benefits
if, during a "fixed" 36-month period, the ABAWD received SNAP benefits for
three countable months or more and was not at the same time:
(1) working in paid employment of at least 20
hours per week (averaged monthly); or
(2) participating in and complying with the
requirements of a work program under the Workforce Investment
Opportunity Act (WIOA) or a work program under the Trade
Adjustment Assistance Act (TRA) for at least 20 hours per week
(averaged monthly); or
(3)
participating in and complying with the requirements of an employment training
program operated or supervised by the State or political sub-division of the
State, other than a job search program or a job search training program, for at
least 20 hours per week (averaged monthly); or
(4) participating in and complying with the
requirements of a workfare program or volunteer community service for a monthly
maximum of the value of the household benefit divided by state or federal
minimum wage, whichever is higher. Hourly requirements of a workfare program or
volunteer community service are determined by dividing the SNAP household
benefit allotment by the state or federal minimum wage, whichever is higher.
Pursuant to Section 20(c) of the Social Security Act, no
member will be required to work in any workfare or volunteer position to the
extent that such work exceeds in value the allotment to which the household is
otherwise entitled or that such work, when added to any other hours worked
during such week by such member for compensation (in cash or in kind) in any
other capacity, exceeds thirty hours a week.
B. The fixed 36-month time period will begin
October 1, 2020 and end September 30, 2023. Subsequent time periods will follow
using the same beginning and ending months, so the next fixed 36-month time
period would start October 1, 2023 and end September 30, 2026.
C. A countable month (referred to in
Sub-paragraph A above) is a month during which an individual receives SNAP
benefits for the full benefit month while not an exempt member.
D. The work hours must be verified. In
addition, ABAWDs must report when hours fall below 20 hours per week (averaged
monthly), (except those working in a program described in Subparagraph A(4).
above). If self-employed, the ABAWD must be employed for 20 hours or more per
week and receive weekly earnings at least equal to state or federal minimum
wage, whichever is higher, multiplied by 20 hours.
3.
GOOD CAUSE
If an individual would have worked an average of 20 hours
per week but missed some work for good cause, the individual is considered to
have met the work requirement if the absence from work is temporary and the
individual retains their job. Good cause includes circumstances beyond the
individual's control, such as, but not limited to, illness, illness of another
household member requiring the presence of the member, a household emergency,
or the unavailability of transportation.
4.
EXEMPT MEMBERS
The individual is exempt from the work requirements in
Paragraph 2 above if the individual is one or more of the following:
A. exempt from work requirements listed at FS
111-5;
B. Physically or mentally
unfit for employment;
NOTE: If not evident, medical certification
is required. In lieu of a doctor's statement, statements from nurses, nurse
practitioners, social workers or medical personnel may be sufficient.
C. Receiving temporary or
permanent disability benefits issued by governmental or private
resources;
D. pregnant;
E. subject to and complying with a TANF or
unemployment compensation system work requirement;
F. a student, regardless of age, who is
enrolled at least half time in any recognized school, training program, or
institution of higher education;
G.
caring for an incapacitated person who cannot provide their own care;
H. regularly participating in a substance use
disorder treatment program meeting the requirements of Title XIX of the
Public Health Service Act (42 U.S.C.
300x
et seq.);
I. a resident of a Maine geographic area
(city, town, plantation, unorganized territory, township or reservation) listed
in FS 999-2; or is
J. In the period
from September 1, 2023 through September 30, 2030:
(i) experiencing homelessness;
(ii) a veteran; or
(iii) aged twenty-four (24) or younger and
was in Foster Care up to the point that they would not be considered age
eligible for Foster Care by the state that made the placement.
5.
SUBSEQUENT
ELIGIBILITY
An ABAWD who is denied eligibility under this provision
can regain eligibility if, during a 30-day period, the ABAWD:
A. works 80 or more hours;
NOTE: If self-employed, the ABAWD must be
employed for 80 hours or more and must receive earnings at least equal to state
or federal minimum wage, whichever is higher, multiplied by 80 hours.
B. participates in and complies
with the requirements of a work program under the Job Training
Partnership Act (JTPA) or a work program under the Trade
Adjustment Assistance Act (TRA) for at least 80 hours;
C. participates in and complies with the
requirements of an employment training program operated or supervised by the
State or political sub-division of the State, other than a job search program
or a job search training program, for at least 80 hours, or participates in and
complies with the requirements of a workfare program or volunteer community
service for a monthly maximum of the value of the household benefit divided by
state or federal minimum wage, whichever is higher.
Hourly requirements of a workfare program or volunteer
community service are determined by dividing the SNAP household benefit
allotment by state or federal minimum wage, whichever is higher. Pursuant to
Section 20(c) of the Social Security Act, no member will be
required to work in any workfare or volunteer position to the extent that such
work exceeds in value the SNAP allotment to which the household is otherwise
entitled or that such work, when added to any other hours worked during such
week by such member for compensation (in cash or in kind) in any other
capacity, exceeds thirty hours a week.
As an example, if the SNAP household benefit is $150 per
month, and the relevant minimum wage is $7.50 per hour, the hourly requirements
would not exceed 20 hours per month.
An ABAWD who regains eligibility remains eligible as long
as they work 20 hours per week or participates in a work training program,
workfare, or volunteer community service subject to the requirements
above.
6.
ADDITIONAL THREE-MONTH PERIOD OF ELIGIBILITY
An individual ABAWD who regains eligibility for Food
Supplement benefits subject to the requirements above and then loses his or her
job, work training program, workfare, or volunteer community service position
remains eligible to receive Food Supplement benefits, if otherwise eligible,
for an additional period of three consecutive countable months without working
or being in work training program, workfare program, or volunteer community
service.
Any additional three-month extension period of
eligibility begins on the date the individual first notifies the state that
they have lost their job; work training program, workfare, or volunteer
community service position.
This additional three-month period of eligibility is
available to an ABAWD only once in any 36-month period. However, there is no
limit on the number of times an individual may regain and maintain eligibility
by fulfilling the work requirement.
As with initial allotments, a prorated month does not
count as a countable month.
