1105.035.30 Evaluating Months for 18 through 49 Year Old Training/Work Requirement

IM-#53, August 09, 2018IM-#25, March 23, 2017, IM-#51 August 31, 2016, IM-#100 Novermber 19, 2015, IM-#94 October 19, 2015, IM-#32 June 16, 2014, IM-#8 January 14, 2008, IM-#106 December 7, 2006, IM-#133 December 21, 2004, IM-#194 October 24, 2001, IM-#32 April 1, 1999

Evaluate whether an ABAWD is meeting a work requirement at each:

Evaluating Months for 18 through 49 Year Old Training/Work Requirement:

If the answer to any of the below questions is “yes”, the individual is meeting or exempt or waived from the work requirement.  Do not enter non-work months.

1105.035.35 Identifying and Tracking Non-Work months

IM-#118 September 11, 2017, IM-#51 August 31, 2016, IM-#94 October 19, 2015, IM-#32 June 16, 2014, IM-#8 January 14, 2008, IM-#133 December 21, 2004, IM-#194 October 24, 2001, IM-#32 April 1, 1999

A month in which the ABAWD receives a full month's Food Stamp benefits in any state while not meeting the 18 through 49 year old work requirement, is defined as a non-work month. A month in which benefits are prorated, after receiving 3 non-work months at a full benefit, is considered a non-work month. The individual may receive Food Stamp benefits in three non-work months in a 36-month fixed period. ABAWDs must be denied if the three non-work months of benefits have been received, regardless of a prorated month of benefits, until eligibility is regained.

NOTE: Do not update the Training/Work Requirements (FMMR) screen with a "Y" to the, "Have you or will you have worked or participated in a work program for 80 hours in a 30-day period", question until verification of regained eligibility is provided. Entering a Y without verification can result in an incorrect issuance.

Example: Mr. Smith received 3 non-work months in 2016 (June, July and August) and the case is not closed. Mr. Smith now applies on the 15th of January 2017. Mr. Smith is not eligible to receive benefits until he has re-gained eligibility even though January would be a pro-rated month of benefits.

All non-work months, in which an ABAWD receives a full month's Food Stamp benefits including non-work months used in another state, are entered and tracked in FAMIS. Non-work months are entered on the Training/Work Requirements (WORKREQ/FMMR) screen. Refer to the Adding and Updating Training/Work Requirements user guide.

The Training/Work Requirements (WORKREQ/FMMR) screen does not appear in the controlled flow when the:

FAMIS flows to the Training/Work Requirements (WORKREQ/FMMR) screen during the application controlled flow for all EU members who must meet the work requirement. Manually access and update the Training/Work Requirement (WORKREQ/FMMR) screen for mid-certification reviews and reported changes.

If the hours worked or participated in a qualifying training program are different than the projected hours used to determine non-work months, add or delete non-work months based on the verified hours.

1105.035.40 Regaining Food Stamp Eligibility

IM-#062 October 05, 2018, IM-#141 November 20, 2017, IM-#100 November 19, 2015, IM-#94 October 19, 2015, IM-#32 June 16, 2014

ABAWDs who receive benefits in three non-work months and do not comply with the work requirement lose their benefits for the remainder of the 36-month time period.  An ABAWD can regain eligibility during this time period by meeting the work requirement for 30 consecutive days, after which they remain eligible to receive Food Stamps for as long as they continue to meet work requirements.

NOTE: The 30 day period does not have to fall within one calendar month.

NON-EXPEDITED APPLICATIONS

When an EU member is working or participating in a training program at the time of application and has not yet met the 80 hour requirement, a non-expedited application pends for the individual to meet the 80 hour work requirement. Refer to the Adding and Updating Training/Work Requirements user guide. Obtain verification of the 80 hours of employment or training prior to approving the individual.

EXPEDITED APPLICATIONS

When an EU member is working or participating in a training program at the time of application and has not yet met the 80 hour requirement, enter an Y for the, Have you or will you have worked or participated in a work program for 80 hours in a 30-day period, question on the (FMMR) WORKREQ screen and let the application expedite and pend for verification of the 80 hour requirement. It is acceptable for an application to expedite and pend for verification.

Refer to the Adding and Updating Training/Work Requirements user guide for instructions.

1105.035.45 After Regaining Eligibility

IM-#138 November 20, 2017, IM-#100 November 19, 2015, IM-#94 October 19, 2015, IM-#32 June 16, 2014

If an ABAWD who has regained eligibility, stops meeting the 18 through 49 year old work requirement the ABAWD may receive benefits for an additional three-month period in 36 months. The additional three months:

Following the additional three-month period, if the otherwise eligible ABAWD meets the 18 through 49 year old Training/Work requirement each month, s/he is eligible to receive Food Stamp benefits. If the individual does not meet the 18 through 49 year old Training/Work requirement again, s/he is no longer eligible. If the individuals are no longer meeting the Training/Work requirements, they will not be able to regain eligibility in the 36 month period as they have used their additional three months.

1105.035.50 Notices

IM-#100 November 19, 2015, IM-#94 October 19, 2015, IM-#32 June 16, 2014

FAMIS notifies the EU, in writing, when an EU member has used all three non-work months and is no longer eligible for benefits. An FA-510 Adverse Action Notice is generated and mailed automatically during the third non-work month. The FA-510 Adverse Action Notice notifies the EU of:

The EU may request a hearing due to the adverse action on the case. The hearing may be requested in person, in writing, or by telephone. (Refer to instructions for the Application for State Hearing.)

If the EU does not request a hearing by the expiration of the FA-510 Adverse Action Notice, the individual who has used all non-work months is removed from the benefits, or the case is closed if a one person EU. The FA-150 is sent automatically to the EU notifying the EU of:

The FA-151 Food Stamp Budget Summary is included with the FA-150. Forms can be viewed on the Document Queue (DOCQUE/FMVM) or Document History (DOCHST/FMVR) screens.