Current through Register 1531, September 27, 2024
(A)
Mandatory Population and
Requirements. All nonexempt household members between 18 and 49
years of age must:
(1) Register for work at
application and every 12 months after initial registration; and
(2) Do one of the following:
(a) Work at a job, or combination of jobs,
for 20 hours per week averaged monthly. The work performed may be done in
exchange for money, in exchange for goods or services (in-kind work) or may be
unpaid work;
(b) Work at a
community service site for a specified number of hours per month determined by
dividing the monthly SNAP allotment by the (higher of the State or Federal)
minimum wage;
(c) Participate in a
qualifying SNAP Employment and Training (E&T) program, including basic
education, vocational or technical training, or on-the-job training for 20
hours per week. Job search activies associated with E&T components must
make up less than half of the required participation hours; or
(d) Work at a job less than 20 hours per week
and participate in a qualifying SNAP E&T program component or a WIOA
activity for a combined total of 20 hours per week averaged monthly;
and
(3) Provide
information to the Department regarding employment status or job availability
when requested; and
(4) Any SNAP
household member currently meeting his or her ABAWD work program requirement
may volunteer to participate in an Employment and Training Program as described
in
106 CMR 362.310(B)
if a slot is available.
(B)
Exemptions.
Able-bodied Adults without Dependents are exempt from the ABAWD work program
requirements if they meet the exemption criteria of
106 CMR
362.310(C). The individuals
listed below are also exempt from the ABAWD work program requirements:
(1)
Age. Persons
younger than 18 years old or 50 years of age or older;
(2)
Pregnant Women.
A pregnant woman at any stage of pregnancy;
(3)
Adults Living with Children
Younger than 18 Years Old. Persons residing in a household where a
household member is younger than 18 years old, even if the household member who
is younger than 18 years old is not eligible for SNAP benefits; and
(4)
Resident of a Waived
Area. A person who otherwise would be required to participate in
the ABAWD work program is exempt if living in an area of the state exempted by
the United States Department of Agriculture.
(C)
Good Cause Criteria for ABAWD
Work Program Requirements. If an individual would have worked an
average of 20 hours per week but missed hours due to good cause, the individual
shall be considered to have met the work requirement if the absence from work
is temporary and the individual retains his or her job. Good cause shall
include 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.
(D)
Community Service Program Participation Criteria.
(1) ABAWD work program participants who are
not working at least 20 hours per week averaged monthly, or participating in a
qualifying E&T Program component for at least 20 hours per week, must work
in an uncompensated volunteer Community Service Program site in a public,
quasi-public or non-profit organization, except that such placement cannot be
in a candidate's campaign for public office.
(2)
Participation
Requirements.
(a) Each Community
Service Program participant must:
1.
self-arrange a volunteer Community Service Program placement approved by the
Department; or
2. select a
volunteer SNAP Community Service Program placement identified by the
Department.
(b) Each
Community Service Program participant must comply with the following Community
Service Program activities:
1. Report to the
appropriate Community Service Program site when referred by the
Department;
2. Report to the
appropriate Community Service Program site for an interview upon reasonable
request;
3. Respond to any request
from the Community Service Program site for additional information regarding
employment status or availability for work;
4. Attend the required hours per month as
provided in 106 CMR 362.320(A)(2);
5. Perform satisfactorily in this component,
as defined by the provider;
6.
Provide verification of placement and participation at time periods determined
by the Department on a form approved by the Department; and
7. Accept an offer of employment, if any,
from the Community Service Program site.
(E)
Ineligibility for
Failure to Comply. ABAWD work program participants who choose not
to comply with the above requirements for three months (which do not have to be
consecutive) in a three-year period will be ineligible for SNAP benefits for
the remaining months in the designated three-year period unless they regain
eligibility by meeting the requirements of 106 CMR 362.320(F).
(F)
Regaining
Eligibility. Clients who are determined ineligible for failure to
comply with the ABAWD work program requirements for three months during a
three-year period may regain eligibility, if otherwise eligible, after the
client:
(1) Works at a job for 80 hours
during a 30-day period;
(2) Works
at a community service site for a specified number of hours per month
determined by dividing the monthly SNAP allotment by the (higher of the State
or Federal) minimum wage;
(3)
Participates and complies with the requirements of a qualifying SNAP Employment
and Training (E&T) program component in accordance with 106 CMR
362.320(A)(2) for 80 hours during a 30-day period;
(4) Works and participates in a qualifying
SNAP E&T Program component for a combined total of 80 hours per month
during a 30-day period;
(5)
Provides proof that he or she will meet the work requirement during a 30
consecutive day period; or
(6)
Becomes exempt from ABAWD work program requirements.
There is no limit on how many times an individual may regain
eligibility by meeting the work requirement.
(G)
Maintaining
Eligibility. Clients who regain eligibility under 106 CMR
362.320(F) shall remain eligible for the balance of the three-year period as
long as they continue to comply with the ABAWD work program requirements by:
(1) Working at a job 20 hours per week
averaged monthly;
(2) Working at a
community service site for a specified number of hours per month determined by
dividing the monthly SNAP allotment by the (higher of the State or Federal)
minimum wage;
(3) Participating and
complying with the requirements of a qualifying SNAP E&T program for at
least 20 hours per week in accordance with 106 CMR 362.320(A)(2);
(4) Working at a job less than 20 hours per
week and participating in a qualifying SNAP E&T program for a combined
total of 20 hours per week averaged monthly; or
(5) Being exempt from ABAWD work program
requirements in accordance with 106 CMR 362.320(B).
(H)
Additional Three Month
Eligibility. A client who has regained eligibility under 106 CMR
362.320(F) and is no longer fufilling the ABAWD work program requirement may
continue to receive SNAP benefits for an additional three months without
complying with 106 CMR 362.320(A). This exception is limited to a single period
of three consecutive months during the balance of the three-year
period.
