3220 Additional Work Related Exemptions for Food Assistance

 

The following exemptions apply to food assistance households.

 

  1. 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. This includes in-kind work or working 30 hours per week but earning less than Federal minimum wage times 30 hours. When determining if the amount of self-employment is equal to 30 hours per 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, Minimum Wage | U.S. Department of Labor (dol.gov), then scroll down and click on "What is the Minimum Wage?"
       

  2. A person who is physically or mentally "unfit" for work. This shall include all persons who meet at least one of the following:

    • Determined disabled according to Social Security Administration standards.  See Appendix X-6 for further definition.  

    • Pending status for SSA disability would exempt the individual until final determination. If the person is denied SSA disability and is not in appeal status, the exemption will end beginning with the month following the month in which the determination is finalized allowing for timely and adequate notice. Since this is not a change that is required to be reported per 9122.1, the person will become non-exempt at the time of the next review. A person who is found ineligible for Social Security may be exempt from work registration under the exemption for being “physically or mentally unfit for work.”

    • Persons who meet MediKan disability provisions. 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, the exempt status shall end beginning with the month following the month in which the determination is finalized allowing for timely and adequate notice. Since this is not a change that is required to be reported per 9122.1, the person will become non-exempt at the time of the next review. A person who is found ineligible for Tier 1 or MediKan may be exempt from work registration under the exemption for being “physically or mentally unfit for work.”

    • A veteran with service-connected or nonservice-connected disability rated by the Veteran’s Administration (VA) as total or paid as total by the VA under title 38 of the United States Code. For verification of disability under this criterion, the household must present a statement from the VA that  clearly indicates that the disabled individual is receiving VA disability benefits and that the disability is rated as a total or paid at the total rate by VA. See Appendix X-6 for further definition.  

    • Receives disability retirement benefits from a governmental agency because of a disability considered permanent under section 221(I) of the Social Security Act. See Appendix X-6 for further definition.  

    • Persons who self-declare their disability. Your observation of the person or information declared using ES-3900 during the interview with the person is a sufficient basis to make a determination as to a person’s fitness for employment. If it is not evident to you that a person has a mental or physical limitation that would make the person “unfit” for employment, verification may be required. Appropriate verification may consist of a statement or ES-4309 from a medically qualified source. See note below.

    • A person determined to be cooperating and currently eligible for VR services.

    • Qualified non-citizens who do not have authorization to work in the United States shall be considered “unfit” for employment and meet this exemption


      NOTE: Determine a person’s “fitness” for employment using the prudent-person principle or any reasonable evidence that supports your decision. The person’s condition does not need to be permanent for a determination of “unfitness” to be made. When your judgment is the only basis for determining that a person is not “fit” for employment, you must document it as such in the person’s case record.

      In addition, if an individual is a TANF applicant or recipient and claiming a disability this would also exempt the individual from TANF work program requirements. Career Navigators will work with this individual to identify the ability to work.
       

  3. 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.
     

  4. 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.)
     

  5. A person applying, appealing, receiving or approved to receive unemployment compensation.
     

  6. A regular participant in a drug addiction or alcohol treatment and rehabilitation program.
     

  7. 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.
     

  8. A person who is age 60 or over. For purposes of this provision, the person becomes exempt the month they turn age 60.


  9. A person who is aged 16 or younger or who is aged 16-18 who is a non-head-of-household member, and working toward attainment of a high school diploma or its equivalent.

 

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 exemptions found in 3210 or 3220.