3230 Additional Food Assistance Work Related Exemptions - In addition to the exemptions in 3210 for TANF individuals, the following exemptions apply to food assistance households.
A person who is employed or self-employed
and working a minimum of 30 hours weekly or receiving weekly earnings
at least equal to the federal minimum wage multiplied by 30 hours.
When determining if the amount of self-employment is equal to 30 hours
a week times minimum wage, use the adjusted gross self-employment
income (after income producing costs or the flat 25% deduction.) This
shall include migrant and seasonal farm workers who are under contract
or similar agreement with an employer or crew chief to begin employment
within 30 days. This also includes ACTION/VISTA volunteers who are
working a minimum of 30 hours weekly or receiving weekly earnings
at least equal to the federal minimum wage multiplied by 30 even if
the income is exempt per 6410.To find
the current minimum wage click this link, https://www.dol.gov/general/topic/wages/minimumwage, then scroll down and click on "What is the Minimum Wage?"
A person who is ill, injured, or
incapacitated. There shall be a physical or mental impairment expected
to last at least 30 days which substantially limits employment. This
shall include all persons who meet MediKan disability provisions or
are determined disabled according to Social Security Administration
standards. This also includes persons who self-declare their disability
on the ES-3900.
If approved for presumptive disability as either Tier 1 or MediKan,
the exemption continues until a final Social Security determination
is made. If the person fails to meet Tier 1 or MediKan qualifications,
exempt status shall end. Since this is not a change that is required
to be reported per 3230.1, the person will
become non-exempt at the time of the next review .
For other persons to be exempt under this provision, there must be
a medically determined condition which is expected to last at least
30 days which substantially limits employment. For non-TANF applicants/recipients
the illness, injury or incapacity must be established by a written
doctor's statement. Redetermination of incapacity does not require
another diagnostic statement if the original report indicates the
condition will not improve. Redetermination of incapacity will require
another diagnostic statement where the original report indicates incapacity
of a temporary nature; in such instances a redetermination may be
needed before the next periodic review.
For TANF applicants/recipients, the client's statement
of a physical or mental impairment (expected to last at least 30 days
which substantially limits employment) shall be accepted to exempt the
individual for food assistance work-related requirements. This is because
further assessments and evaluations will be conducted for TANF purposes.
When a non-TANF individual claims exempt status under this provision, but
medical verification is needed to establish this, such person is to be
regarded as temporarily exempt for a period not to exceed 30 days pending
verification of status. However, if verification is not provided because
of a legitimate delay in the individual being seen by a medical practitioner,
the temporary exemption period shall be extended for a period not to exceed
15 days. The reason for any such extension shall be documented in the
case record. The basis for exempt status shall be reestablished upon the
expiration of documentation or change in factor(s) which were used to
establish the exemption.
A parent or other caretaker personally
providing care for a child under the age of six. Only one caretaker
in a case may be exempt for providing care for a child under age six.
A person subject to and complying
with TANF work requirements. (NOTE: Even though exempt from food assistance
work requirements, the person is still subject to the comparable treatment
for disqualifications provisions of 2550.)
A person receiving unemployment
compensation. A person who has applied for, but is not yet receiving
unemployment compensation is also exempt if the person is complying
with work requirements that are part of the unemployment compensation
application process.
A regular participant in a drug
addiction or alcohol treatment and rehabilitation program.
A student enrolled at least half-time
in any recognized school, training program, or institution of higher
education. (NOTE: Students enrolled at least half-time in an institution
of higher education must meet the eligibility criteria of 2531.)
A student will remain exempt during normal periods of class attendance,
vacation and recess.
A person who is age 60 or over.
For purposes of this provision, the person becomes exempt the month
he or she turns age 60.
A person age 16 or 17 who is not
the case head or who is attending school, or is enrolled in an employment
training program, on at least a half-time basis.
NOTE: The comparable disqualification provisions of 2550 apply to persons who fail to comply with a TANF work-related requirement but who are exempt from food assistance work-related requirements per any of the above exemptions.
3230.1 Loss of Exempt Status - A food assistance person becomes eligible for non-mandatory work program services when he or she loses exemption status due to changes that are required to be reported under the provisions of 9121 or 9122.
Persons who lose exempt status due to a change in circumstances which is not required to be reported under the provisions of 9121 or 9122 will be referred to a contracted provider who will offer non-mandatory work program services at the time of the next review.