2521 Persons Exempt from the ABAWD Provision - The following persons are exempt from the above provision:

 

  1. Persons under age 18 (or 18 and still receiving TAF) or age 50 or over;
     

    NOTE: The month the person turns 50, he or she becomes exempt from the ABAWD provisions. The month following the month the person turns 18, he or she becomes subject to the ABAWD provisions.
     

  2. Persons medically certified as physically or mentally unfit for employment;
     

    NOTE: For the purpose of this provision, persons "physically or mentally unfit for employment" does not refer solely to those persons disabled per the disability definition contained in the Definition of Common Terms section. (See Appendix #X6.) If the individual does not receive disability benefits and the claimed disability is not evident, a written statement from a medically-qualified source which supports the extent of the claimed disability will be considered verification for this provision. Follow the criteria in 3230 (3) which requires that there shall be a physical or mental impairment expected to last at least 30 days which substantially limits employment.

    A person determined eligible for VR services would meet this criteria. In addition, all recipients of General Assistance meet this criteria.

    NOTE:     Persons who self-declare their disability on the ES-3900 (responding "yes" to question 1 and 4, or 1 and 5) shall be regarded as exempt from the ABAWD provisions. If approved for presumptive disability as either a Tier 1 or 2, the exemption shall continue until a final Social Security determination is made. If the person fails to meet either Tier 1 or Tier 2 qualifications, exempt status shall end beginning with the month following the month in which the determination is finalized allowing for timely and adequate notice. The person would then be subject to the ABAWD provisions and continued eligibility determined. Benefits provided on the original self-declaration would not be regarded as overpayments nor as ABAWD months.
     

  3. Persons responsible for the care of a dependent child household member. For purposes of this provision, responsibility for the care of a dependent child household member means that the person is:
     
    1. A parent (natural, adoptive or step) of a household member under the age of 18 (or 18 and receiving TAF); or
       
    2. Living in a home where a person is under the age of 18 (or 18 and receiving TAF). This provision applies even if the person under 18 is not receiving food stamps.
       

    NOTE: Caretaker relative(s) who continue to receive TAF while the child (or children) are temporarily out of the home per 2223, shall not be considered an ABAWD.

     
  4. Women who are pregnant, including the father of the unborn;
     
  5. Persons who claims responsibility for the care of an incapacitated household member;
     
  6. Persons who are receiving unemployment compensation;
     
  7. A regular participant in an alcohol or drug addiction treatment and rehabilitation program (solely attending Alcoholics Anonymous (AA) meetings does not meet this criteria);
     
  8. A student enrolled at least half time (as defined by the school) in any recognized school (including high school diploma or GED), training program, or institution of higher education.
     
  9. Persons residing in a  Labor Surplus county or city.  See charts in 2520.
     

During the time an individual is exempt from meeting the ABAWD work requirement, any period of participation in the food stamp program is not counted in the 3 month limit.