602-1 G.     DETERMINING WORK REQUIREMENTS AND EXEMPTIONS

To determine the individual's work requirements, first establish if the individual is exempt from the basic work requirements.  If exempt from the basic work requirements, the individual is not required to comply with any work requirements.

1. Determine Exemption Status

Determine if the adult meets an exemption from basic work requirements.

Individuals who meet one of these exemptions are excused from all SNAPSupplemental Nutrition Assistance Program work requirements including basic work requirements.  If exempt, enter the exemption reason code on the EISEligibility Information System WORK screen and document the reason in the case file.  

Individuals who do not meet one of these exemptions are required to comply with basic work requirements.  

2. Individuals Exempt from Basic Work Requirements

The following household members are not subject to SNAPSupplemental Nutrition Assistance Program work requirements:

a. Age Limits:  

An individual who is under 16 years of age or 60 years of age or older (EISEligibility Information System Code A).  Individuals 16 and 17 years of age who are not the head of household, or who are attending school, or who are enrolled in a work training program at least half-time (EISEligibility Information System Code L).

b. Caretakers:   

A parent (natural, adoptive, or step) or other household member who is responsible for the physical care of a dependent child under six years old or an incapacitated individual.  Both parents can be exempt under this provision (EISEligibility Information System Code C).

c. Incapacitated:   

Disabled individuals meeting the definition of Special Category Individual at MS 600-2 and individuals who are physically or mentally incapable of engaging in gainful employment (EISEligibility Information System Code B).  If a claim of permanent or temporary disability is questionable, verification must be provided.

d. Drug Addicts and Alcoholics:  

Drug addicts or alcoholics who regularly participate as residents or nonresidents in a drug or alcohol treatment and rehabilitation program (EISEligibility Information System Code G).

e. Unemployment Insurance Benefits (UIBUnemployment Insurance Benefit ):  

An individual receiving UIBUnemployment Insurance Benefit , including those where UIBUnemployment Insurance Benefit payments are being offset or garnisheed.  An Individual who has applied for but is not yet receiving UIBUnemployment Insurance Benefit is also exempt if that individual is complying with work requirements that are part of the UIBUnemployment Insurance Benefit application process (EISEligibility Information System Code K). Individuals exempt from SNAPSupplemental Nutrition Assistance Program work requirements due to receiving UIBUnemployment Insurance Benefit will be disqualified from receiving SNAPSupplemental Nutrition Assistance Program if they fail to comply with a UIBUnemployment Insurance Benefit work requirement, unless otherwise exempt from SNAPSupplemental Nutrition Assistance Program work requirements.

f. Employment:

An individual who is employed or self-employed and working at least 30 hours per week.  An individual employed less than 30 hours a week but earning weekly income equivalent to the federal minimum hourly wage (see MS 600-2) multiplied by 30 hours.  The applicant is responsible for providing verification of this employment.   (EISEligibility Information System Code H)

Note:

Individuals who are employed at least 30 hours a week and receive earnings that are excluded as income, such as MASSTMature Alaskans Seeking Skills Training or AmeriCorps, are not subject to work requirements.

g. Subsistence Hunting/Fishing:

Individuals who participate in the subsistence hunting and fishing purchase provisions explained in MS 605-4B and who are engaged in hunting and/or fishing an average of at least 30 hours weekly during the certification period (EISEligibility Information System Code J).

h. Students:

Students enrolled at least half-time (as defined by the school, program, or institution) in any recognized school, training program, or institution of higher education.  This includes high school students regardless of their age.  See MS 605-1B for special student eligibility criteria (EISEligibility Information System Code I).

i.    TANFTemporary Assistance for Needy Families Recipients:

Adult TANFTemporary Assistance for Needy Families recipients subject to TANFTemporary Assistance for Needy Families work requirements (EISEligibility Information System Code E).  Individuals currently serving a TANFTemporary Assistance for Needy Families penalty continue to be subject to TANFTemporary Assistance for Needy Families work requirements.

3. Special Provisions for Adults Subject to TANFTemporary Assistance for Needy Families Work Requirements

Adults subject to TANFTemporary Assistance for Needy Families work requirements under the Alaska Temporary Assistance Program or a Native Family Assistance Program are excused from complying with SNAPSupplemental Nutrition Assistance Program work requirements.  However, if the adult does not comply with the TANFTemporary Assistance for Needy Families program requirements, the SNAPSupplemental Nutrition Assistance Program benefit will be reduced automatically by 25% and the adult may be disqualified from receiving SNAPSupplemental Nutrition Assistance Program as described in SNAP MS 602-1(K).

a.  SNAPSupplemental Nutrition Assistance Program Benefit Reduction

Regardless of whether the adult is exempt from SNAPSupplemental Nutrition Assistance Program work requirements, the SNAPSupplemental Nutrition Assistance Program benefit will be automatically reduced when the TANFTemporary Assistance for Needy Families benefit is reduced as a result of the adult failing to comply with a TANFTemporary Assistance for Needy Families program requirement.  This benefit reduction will begin the month following timely notice of adverse action and will continue until the TANFTemporary Assistance for Needy Families penalty ends or the TANFTemporary Assistance for Needy Families case is closed, whichever occurs first.  The F713 notice is used in this situation.

1. When the Alaska Temporary Assistance or CITCCook Inlet Tribal Council Native Family Assistance benefit is reduced, EISEligibility Information System is programmed to automatically reduce the SNAPSupplemental Nutrition Assistance Program allotment by 25%.
2. When the AVCPAssociation of Village Council Presidents , T&H , Maniilaq, BBNABristol Bay Native Association, KANAKodiak Area Native Association,  or TCCTanana Chiefs Conference Native Family Assistance benefit is reduced, the caseworker will count the TANFTemporary Assistance for Needy Families benefit amount the household would have received if the penalty were not imposed to calculate the SNAPSupplemental Nutrition Assistance Program benefit amount.

b. SNAPSupplemental Nutrition Assistance Program Disqualification

In addition to the automatic SNAP benefit reduction explained above, When an adult does not comply with a work requirement imposed by the TANFTemporary Assistance for Needy Families program, the adult may be disqualified from SNAPSupplemental Nutrition Assistance Program for one, three, or six months as described in SNAP MS 602-1(K).  A SNAPSupplemental Nutrition Assistance Program disqualification is imposed when:

1. The adult does not meet one of the SNAPSupplemental Nutrition Assistance Program work requirement exemptions listed at MS 602-1G (not including being subject to TANFTemporary Assistance for Needy Families work requirements); and,
2. The TANFTemporary Assistance for Needy Families work requirement that the adult is not meeting is a basic SNAPSupplemental Nutrition Assistance Program work requirement listed in SNAP MS 602-1(F).

The caseworker must first determine if the adult household member subject to TANFTemporary Assistance for Needy Families work requirements meets one of the SNAPSupplemental Nutrition Assistance Program exemptions listed at MS 602-1G, other than being subject to TANFTemporary Assistance for Needy Families work requirements.  If so, that adult is exempt from all work requirements and will not be disqualified from SNAPSupplemental Nutrition Assistance Program for not complying with the TANFTemporary Assistance for Needy Families work requirement.

If the adult is not exempt from SNAPSupplemental Nutrition Assistance Program work requirements other than being subject to TANFTemporary Assistance for Needy Families work requirements, the caseworker must determine if the TANFTemporary Assistance for Needy Families work requirement the adult did not comply with was a basic SNAPSupplemental Nutrition Assistance Program work requirement (accept an offer of employment, stay employed, and not reduce work hours).. If so, the adult will be disqualified from SNAPSupplemental Nutrition Assistance Program for one, three, or six months.

The SNAP disqualification period must be applied by the caseworker on the WOSA and takes effect the first month following the expiration of the 10-day notice of adverse action.  The F708 notice is used in this situation.  

Note:

The only comparable disqualification between TANFTemporary Assistance for Needy Families and SNAPSupplemental Nutrition Assistance Program work requirements in the State of Alaska are the job quit and job refusal disqualifications. See FS MS 602-1K and ATAP MS 722 for additional information.

4. Employment & Training Program Status

Individuals who reside in Anchorage may participate in the self-directed E&T Program.  

5. ABAWDAble-bodied Adult Without Dependentss

Individuals are exempt from ABAWDAble-bodied Adult Without Dependents work requirements that are:

1. Persons under 18 or 55 years of age and older;

2. Persons exempt from work requirements as listed in MS 602-1G(2);

3. Persons physically or mentally unfit for employment;

An individual is determined to be unable to work if they are:

• Receiving temporary or permanent disability benefits from a government or private source; or
• Applying for permanent disability from a government or private source. The application is considered acceptable proof until the application is processed (denied, approved, or in appeal status); or
• Physically or mentally unable to work. Prudent worker judgment, with supervisory consultation if needed, will be used to make this determination; or
• A veteran receiving VA benefits for any percentage of disability; or
• Verified as unable to work by a statement from a health care professional or social worker; or
• Chronic Homeless.  This cannot be the sole reason an individual is considered physically or mentally unfit for work.  Caseworkers must screen all homeless individuals to determine if they meet this exemption.

Questions to help with your determination:

1. Do they have a fixed or regular nighttime residence?
2. Do they have the ability to clean their clothes and themselves in order to attend work?
3. Do they have a limited work history?
4. Do they have an obvious physical or mental condition that would prevent them from working?
5. Do they indicate they have not visited a medical professional in years?
6. Have they been hospitalized in the past six months?

Ask follow-up questions.  Try to identify if the root cause of the individual's lack of employment is a physical or mental health concern.

Note:

The determination of whether or not an ABAWDAble-bodied Adult Without Dependents is physically or mentally unable to work is made by the Eligibility Technician. PPJPrudent Person Judgement, with supervisory consultation if needed, should be used. A written statement from a healthcare provider is not required to make this determination.

If the caseworker is unable to determine that the individual is chronically homeless, collateral contact should be used.  Do not send a request for verification to the household.  Contact with homeless shelters, food pantries, friends, or relatives is acceptable.  

It is important that the caseworker thoroughly document the decision to use this exemption in the case note.

4. Residing in a household with a dependent child. A dependent is defined as a child under the age of 18 years old that is included in the SNAPSupplemental Nutrition Assistance Program household;
5. Pregnant women;
6. Responsible for the care of an incapacitated adult (either a household member or non-household member);
7. Receiving unemployment compensation;
8. Participating in a drug or alcohol treatment program;
9. Enrolled at least half time in a school or training program - although a student may be exempt from ABAWDAble-bodied Adult Without Dependents work requirements, the student must still meet student exemption criteria and all other applicable SNAPSupplemental Nutrition Assistance Program eligibility requirements. Please see MS 605-1B for student eligibility requirements;
10. Persons residing in areas of high unemployment determined exempt from this requirement. See MS 602-1L(3) and Addendum 2; and

11. Homeless Individuals: 

• A homeless individual lacks fixed regular shelter or whose primary shelter meets certain conditions, such as but not limited to congregate shelters, halfway houses, temporary accommodations for up to 90 days with another individual. 

12. Veterans:

• A veteran who serves in and was discharged from the Armed Forces, including the reserves. Armed Forces includes Army, Marine Corps, Navy, Air Force, Space Force, Coast Guard, and National Guard. 

13. Individuals aging out of foster care. 

• Individuals who were in foster care on their 18th birthday or later and who is 24 years old or younger. Foster care

14. Individuals that qualify for a discretionary exemption (policy determines this population). See MS 602-1L(6)(n).

Note:

Verification of chronic homelessness is not required unless questionable. If the caseworker is unable to determine if the individual is chronically homeless, collateral contact should be used. Do not send a request for verification to the household. Contact with homeless shelters, food pantries, friends, or relatives are acceptable.

There is no federal definition for the term "chronic," ETEligibility Technician's should use PPJPrudent Person Judgement when determining this exemption. It is important that the caseworker thoroughly document the decision to use this exemption in the case note.