602-1 L.     ABLE-BODIED ADULTS WITHOUT DEPENDENTS (ABAWDAble-bodied Adult Without Dependentss)

An able-bodied adult without dependents (ABAWD) is an individual who:

• Is age 18 through 49; (prior to 09/01/2023)

• Is age 18 through 50; (effective 09/01/2023)

• Is age 18 through 52; (effective 10/01/2023)

• Is fit for work and not exempt; and

• Does not receive SNAP benefits in a household that includes a minor child.

Non-exempt ABAWDAble-bodied Adult Without Dependentss must work, participate in an approved work program, or volunteer at a community service site at least 20 hours per week, averaged monthly (80 hours per month) to receive more than three full months of SNAPSupplemental Nutrition Assistance Program benefits in a 36-month period.  

Households containing an ABAWDAble-bodied Adult Without Dependents must follow household mandatory filing unit rules as outlined in SNAP MS 602-1A.  Part of the mandatory SNAP household cannot choose to be coded as a non-household member (OU) to avoid using their ABAWDAble-bodied Adult Without Dependents months.  

1. Under the ABAWD work requirement, the individual must:

1. Work at least 20 hours per week, averaged monthly (80 hours per month).  See SNAP MS 600-2 for the definition of "work".
2. Participate in an approved work program at least 20 hours per week, averaged monthly (80 hours per month).  Approved work programs include:

• WIOAWorkforce Innovation and Opportunity Act of 2014 programs;
• Programs under section 236 of the Trade Act of 1974 (e.g. Job Corps, AmeriCorps, and AmeriCorps VISTA);
• Programs operated under the SNAP Employment & Training (E&T) Program.  See SNAP MS 602-1(F).
• Programs operated by the State or other political subdivisions of the State, including Native Corporations and Tribal corporations that meet the standards of an employment and training program.

Note:

For a Native or Tribal corporation program to be considered an approved work program for ABAWDAble-bodied Adult Without Dependents, the caseworker must confirm that the individual is participating in the program at least 20 hours per week and job search or job training makes up less than half of this time.  

3. Volunteer at a community service site at least 20 hours per week, averaged monthly (80 hours per month).  The client must be performing community service work at a public, quasi-public, or nonprofit organization.
4. Any combination of working, participating in an approved work program, or volunteering at a community service site for a total of 20 hours per week or 80 hours per month.

2. 36 Month Period

A standard 36-month period has been established for all SNAPSupplemental Nutrition Assistance Program recipients in Alaska.  The current 36-month period is January 2022 through December 2024.  All non-exempt ABAWDAble-bodied Adult Without Dependentss will be eligible for a new three month period when the 36-month period resets in January 2025.

Note:

Areas of the State of Alaska with high unemployment rates are exempt from the ABAWDAble-bodied Adult Without Dependents work requirements and time limitations through October 31, 2024. See Addendum 2.

3. Countable Months

A countable month refers to any month an ABAWDAble-bodied Adult Without Dependents receives SNAP benefits for the full month while not:

• Exempt from the ABAWDAble-bodied Adult Without Dependents work requirements; or
• Fulfilling ABAWDAble-bodied Adult Without Dependents work requirements

ABAWDAble-bodied Adult Without Dependents months are considered countable until we can verify that the individual is meeting the ABAWDAble-bodied Adult Without Dependents work requirements or is exempt.  When a non-exempt individual has used their countable months and is not meeting ABAWDAble-bodied Adult Without Dependents work requirements, they are not eligible for SNAP benefits.

An ABAWDAble-bodied Adult Without Dependents countable month is not a month that:

• An initial prorated allotment is issued;
• A full PFD Hold Harmless benefit is issued in place of SNAPSupplemental Nutrition Assistance Program benefits; or
• An ABAWD receives SNAP benefits in error and then pays them back.

We must retroactively count (or un-count) ABAWDAble-bodied Adult Without Dependents months if we later learn that the determination of the ABAWD's status was incorrect.  

• If an ABAWD receives more months than they should have because of an agency error, an overpayment is created.
• If an ABAWD receives more months than they should have because they did not report a change that they were required to report, an overpayment is created.  The only reportable changes for SNAP are if their gross monthly income exceeds the gross income limit for their household size and if an ABAWD individual's work hours fall below 20 hours per week.
• If an ABAWD receives more months than they should have because they did not report a change that they were not required to report, an overpayment is not created.

4. Identifying an ABAWD

Caseworkers must check ABAWDAble-bodied Adult Without Dependents status at application, recertification, and when there is a change in the case that impacts the status of a household member.

This includes but is not limited to:

• Address change (exempt vs. non-exempt areas);
• Age;
• Children entering or exiting the household;
• Pregnancy;
• Student Status;
• Disability;
• Change in employment hours, rate of pay, or status;
• Change in immigration status; or
• Change in program participation.

If an individual submits a report of change during the certification period and does not provide the needed verification to determine whether or not the individual is exempt from the ABAWD requirements, we must contact the household or pend for additional information.

If a timely recertification is submitted and the household is not due for an interview, the caseworker must review the information provided on the recertification form and run all interfaces in an attempt to determine if the individual is meeting the ABAWD work requirements or is exempt.  If we can determine ABAWD status based on the information we have, there is no need to pend for additional information.  If we are unable to determine ABAWD status, we must contact the household or pend for additional information.

Once a minor in the household turns 18, is no longer attending high school or the equivalent, and is residing with their parent(s), the individual becomes an ABAWD and must meet ABAWD work requirements, unless otherwise exempt.

Any month in which an ABAWD is in receipt of a full months' SNAP benefit is a countable month if the work requirement is not met.  This includes retroactively counting ABAWD months once the information becomes known to the agency.

Example:

Celeste and her son James are certified in April for 6 months, as an oversight by the caseworker.  James will graduate high school and turn 18 in June.  When James turns 18, both he and Celeste will become ABAWDs and are subject to the work requirements and time limits, but the recertification is not due until September.  When the case is reviewed in September, the caseworkers discovers that both Celeste and James have been ABAWDs since July 1.  The caseworker must notify the household sending adequate notice of adverse action that both Celeste and James have used all three of their countable ABAWD months and their case will close effective the end of September.

5. Out of state countable months

Verify any countable months received when there is evidence the ABAWDAble-bodied Adult Without Dependents received SNAPSupplemental Nutrition Assistance Program benefits in another state.  Update the ABAWD screen if the months were accrued during Alaska's current 36-month period.  Months of SNAP benefits received by a non-exempt ABAWD in another state do not count if they were received before the current 36-month clock in Alaska.

It is important that when verifying benefits from another state to case note countable benefit months received and the time period in which these benefits were received.

A written or verbal statement from the other state agency of countable months is acceptable proof.  Check for out of state countable months at application, even if the client is moving to an area currently exempt from the ABAWD time limit.  

Example:

Julie turns in an application for services on March 9.  During the interview the caseworker discovers that Julie received two countable ABAWD months in Washington for January and February.  Julie is not currently meeting the work requirements and is considered an ABAWD.  The caseworker determines Julie as an eligible ABAWD for one more countable month and is certified for two months - March (prorated month) and April (third countable ABAWD month).

6. Exemptions:

ABAWDAble-bodied Adult Without Dependents exemptions are reasons that an ABAWD client is not able to participate in work or work activities for at least 20 hours per week or 80 hours per month.  An individual who is exempt for any part of the month is exempt for the entire month.  Substantial Barriers is not an allowable ABAWD exemption.  

1. Individuals:

• (prior to 09/01/2023) under 18 and 50 years of age and older;

• (09/01/2023 - 09/30/2023) under 18 and 51 years of age and older;

• (effective 10/01/2023) under 18 and 53 years of age and older;

2. Individuals physically or mentally unfit for employment;
3. Individuals exempt from the basic work requirements as listed in SNAP MS 602-1G;
   
   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 judgement, 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 ABAWD is physically or mentally unable to work is made by the caseworker.  PPJ, with supervisory consultation if needed, should be used.  Verification 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 of age that is included in the SNAP household;

Note:

Adults are exempt when the child is an included (IN) or excluded (DI) household member.  Adults are not exempt when the child is a non-household member (OU).

5. Pregnant women (verification of pregnancy is not required);
6. Responsible for the care of an incapacitated adult; either a household member or a non-household member (verification is only required if questionable);
7. Receiving unemployment compensation (verification is required);
8. Participating in a drug or alcohol treatment program (verification is required);
9. Enrolled at least half-time in a school or training program - although a student may be exempt from ABAWD work requirements, the student must still meet student exemption criteria and all other applicable SNAP eligibility requirements.  Please see MS 605-1B for student eligibility requirements (verification is required);
10. Individuals residing in areas of high unemployment determined exempt from this requirement.  Areas of the state entitled to this exemption and the months of the year of the exemption periods are listed in Addendum 2.

Example:

Carlos is a SNAP recipient that lives in an exempt area.  He drives to a non-exempt area for work every day.  Since Carlos resides in an exempt area, he is exempt from the
ABAWD work requirements.

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 accomodations for up to 90 days with another individual. 

12. Veterans: 

• A Veteran who served 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. 

Note: 

The individual's discharge status is not applicable.

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 includes extended foster care programs and foster care programs run by District, Territory, and Indian Tribal Organizations.  

14. Discretionary Exemptions: 

• Policy determines this population

Effective 11/01/2023 through 10/31/2024, the state of Alaska will apply discretionary exemptions to ABAWDAble-bodied Adult Without Dependents required individuals living in the following borough or census areas that are subject to the ABAWD time limit: 

• Aleutians East Borough

• Chugach Census Area

• Sitka Borough

Use of discretionary exemptions may only be used if no other ABAWDAble-bodied Adult Without Dependents exemption applies. If an individual is eligible for any other ABAWD exemption, this must be used rather than the discretionary exemption. If more than one ABAWD exemption applies to the SNAP recipients, use the exemption that will last the longest. 

Example: 

An ABAWDAble-bodied Adult Without Dependents required individual living in the Sitka Borough is pregnant. The exemption reason used on the ABWD screen in EISEligibility Information System will be based on pregnancy, not the discretionary exemption.

Note: 

SNAPSupplemental Nutrition Assistance Program recipients subject to the ABAWDAble-bodied Adult Without Dependents time limit, regardless of exemption status, continue to be subject to the reporting requirements as explained in MS 602-1L(11). 

7. Moving between exempt and non-Exempt Areas

1. An ABAWDAble-bodied Adult Without Dependents becomes exempt from the ABAWD work requirements when they move to an exempt area (see Addendum 1).
2. An ABAWD must meet the work requirements or exemption criteria if they move from an exempt area to a non-exempt area during the current 36-month period.  The three month period starts with the first full month of benefits received in the non-exempt area.
3. If the client has previously used countable months during the same 36-month period, those months of non-participation still count toward the three month limit.

• Moving between exempt and non-exempt areas does not restart the 36-month clock.  
• The months stop or start based on the exemption for the area where the individual now lives.

4. If an ABAWD loses eligibility for SNAP due to the three-month limit and later moves to an exempt area, they are eligible to receive SNAP while living in an exempt area.

8. Regaining Eligibility Following Receipt of Three Countable Months

Persons denied eligibility under this work requirement because they received three countable months of benefits can regain eligibility if:

1. They become exempt from this work requirement; or
2. They work an average of 80 hours or more during a 30-day period; or
3. They participate and comply with the requirements of an approved work program for an average of 80 hours or more in a 30-day period; or
4. They volunteer at a community service site an average of 80 hours or more during a 30-day period.  The client must be performing community service work at a public, quasi-public, or nonprofit organization.

Note:

The "80 hours in a 30-day period" activity can be completed prior to application or can be completed during the month of application.  For example, if an applicant ABAWD has a job that will start the following week that guarantees him an average of 80 hours of work in the month, the ABAWD has regained eligibility.

Example:

Rosie is an ABAWD certified for 4 months (one prorated, three countable) from February 16th - May 31st.  Rosie gets a job working an average of 80 hours a month, starting March 3rd.  Because Rosie does not go over the income limit for her household, she is not required to report this income.

When Rosie turns in a completed recertification form, the caseworker finds out that Rosie has been employed and verifies employment information.  Rosie did not work 80 hours or more in the month of February but because she did so in March and April, the caseworker will go back into the ABAWD screen and revert those months to non-countable months.

Rosie now meets the ABAWD work requirements and can continue receiving SNAP benefits.

Persons who regain eligibility as described in this section shall remain eligible as long as the person continues to meet the requirements that caused persons to regain eligibility.

9. Additional One-Time Consecutive Three-month Eligibility Period

Following receipt of three countable months of benefits, an additional one time consecutive three month eligibility period is provided to all persons when all of the following conditions apply:

1. The person stopped receiving SNAPSupplemental Nutrition Assistance Program because they already received three countable months of benefits; and
2. The person regained eligibility as described in 8(b), 8(c), or 8(d) above; and
3. The person no longer meets the requirement through work, participation in an approved work program, or volunteering at a community service site.

10. Disqualified ABAWD household Members

Non-exempt ABAWDAble-bodied Adult Without Dependentss who have used their three countable months and the one-time consecutive three month eligibility period are no longer eligible for SNAPSupplemental Nutrition Assistance Program until the new 36-month calendar.  These household members should be coded "DI" as described in SNAP MS 605-2(B).  A prorated share of the income of the ineligible ABAWD will be counted as income to the remaining members.

11. Reporting Requirements

In addition to the SNAPSupplemental Nutrition Assistance Program reporting requirements explained in SNAP MS 604-3, ABAWDAble-bodied Adult Without Dependentss are required to report when their work hours fall below 20 hours per week.

If an ABAWD individual is working, while not required to report this to DPA, if this doesn't case the household to exceed the gross income limit for their household size, it is encouraged so as not to incorrectly use their countable ABAWD months.

12. Certification Period

The certification period for households that contain a member subject to the ABAWDAble-bodied Adult Without Dependents time limits will consist of a prorated month and all three countable ABAWD months.  These months do not have to be consecutive months if the client does not wish to use them all at once.  See SNAP MS 604-1 for additional information.