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

 

  1. Person is exempt from mandatory work registration for any reason. See KEESM 3220 for a list of Food Assistance Work Related exemptions (Not applicable to ABAWDs aged 60-64).

  2. Persons under age 18 (or 18 and still receiving TANF) or age 65 or over;

    NOTE: The month the person turns     65, 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.
     
  3. Persons "unfit" either mentally or physically for employment (has a condition that makes the person unemployable or that prevents the person from keeping a job). Follow the criteria in 3220 (2).

    NOTE:     Persons who self-declare their disability on the ES-3900 (responding "yes" to question 1) shall be regarded as exempt from the ABAWD provisions. If approved for presumptive disability as either a Medicaid or MediKan, the exemption shall continue until a final Social Security determination is made. If the person fails to meet either Medicaid 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. 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 exemption will 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 subj    ect 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.
     
  4. Persons responsible for the care of a dependent child food assistance household member under age 14. 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 food assistance household member under the age of 14; or
       
    2. Is a member of a food assistance household containing a member under the age of 14.

    This provision applies even if the person under 14 is not receiving food assistance, i.e., considered ineligible household members.
     

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

     
  5. Women who are pregnant;
     
  6. Persons who claim responsibility for the care of an incapacitated household member;
     
  7. Persons who are applying, appealing, receiving or approved to receive unemployment compensation;
     
  8. A regular participant in an alcohol or drug addiction treatment and rehabilitation program (solely attending Alcoholics Anonymous (AA) meetings does not meet this criteria);
     
  9. 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. The student must be participating and making satisfactory progress in the GED education program. If the student is a post high school student, they must also meet FA student eligibility criteria. 

  10. An  Indian, defined as any person who is a member of an Indian tribe.

    1. Indian tribe is defined as: Any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or group or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

  11. An Urban Indian, defined as a person who:

    1. Resides in an urban center and meets at least one of the following four criteria:

      1. Regardless of if they live on or near a reservation, is a member of a tribe, band, or other organized group of Indians, including those tribes, bands, or groups terminated since 1940 and those recognized now or in the future by the State in which they reside, or who is a descendant, in the first or second degree of any such member

      2. Is an Eskimo, Aleut, or other Alaska Native,

      3. Is determined to be an Indian for any purpose under regulations promulgated by the Secretary of the Interior; or

      4. Is determined to be an Indian under regulations promulgated by the Secretary of Health and Human Services.

    2. Urban center is defined as any community that has a sufficient urban Indian population with unmet health needs to warrant assistance under subchapter IV of the Indian Healthcare Improvement Act, as determined by the Secretary of Health and Human Services.

  12. A California Indian, defined as:

    1. Are a member of a federally recognized Indian tribe.

    2. Are a descendant of an Indian who was residing in California on June 1, 1852, if such descendant:

      1. Is a member of the community served by a local program of the Indian Health Service; and

      2. Is regarded as an Indian by the community in which such descendant lives.

    3. Are an Indian who holds trust interests in the public domain, national forest, or reservation allotments in California.

    4. Are an Indian of California who is listed on the plans for distribution of the assets of rancherias and reservations located within the State of California under the Act of August 18, 1958, and any descendant of such an Indian.

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

Note: Becoming exempt from ABAWD provision while serving a food assistance violation for failure to meet Mandatory Food Assistance E&T requirements will end the violation.