Kansas Department of Social and Rehabilitation Services
Janet Schalansky, Secretary

Integrated Service Delivery - Candy Shively, Deputy Secretary (785) 296-3271
Economic and Employment Support - Bobbi Mariani, Director (785) 296-3349

MEMORANDUM

This memo provides implementation instructions for the increase in the ABAWD upper age limit as described in KEESM Revision No. 17. Please see KEESM 2520 and the Summary of Change for Revision 17, item IV, A, 1. To summarize, the ABAWD upper age limit is increasing from 45 to 49, the federally mandated age. With this change, able-bodied adults without dependents age 45 to 49 will no longer be exempt from the ABAWD provisions of KEESM 2520. The month in which the individual turns 50, the ABAWD provisions no longer apply.

Applications - The new policies are effective for all applications received or processed on or after January 1, 2004. Remember, all cases identified with an ABAWD subject to the 3 of 36 month eligibility limit are to be sent the F845 - FS-Important Information (ABAWD), in addition to the approval notice.

Ongoing cases, including cases with reviews due in Jan-March - All affected individuals ages 45 through 49 who do not meet the ABAWD work criteria will first receive their 3 months out of 36 months as an ABAWD not meeting the work criteria before being terminated from food stamps. These months will be the months of January - March 2004. The individual would then lose food stamp eligibility effective March 31, 2004.

The following provides implementation information for ongoing cases:

1. Identify affected cases: A printout based on the December extracts has been sent to the EES Chiefs. This report lists all persons between the ages of 45-49 and working less than 20 hours a week at minimum wage that appear to be ABAWDs affected by this policy change. (The programming for this report also excludes persons with certain disability incomes, any FS cases with a child under 18, TAF participants, and persons with a reason code of IN (Incapacitated/Ill) or NC (Needed caretaker of incapacitated HH member) on JOPR.) The report will also not include persons turning 50 in the months of December-April 2004. Persons who will turn 50 in any of those months will become exempt from the ABAWD criteria and should not be terminated from food stamps due to this policy change. (April is included since a person turning 50 anytime in April is exempt for the whole month of April.)

   Please note that the programming for this report will provide staff with a list of potential persons affected by this change. A careful review of the case situation will be needed to determine if the person is actually impacted. For example, the report excludes cases if there is a child under the age of 18 on the same FS case as the potential ABAWD. If there is a child in the home under 18, but not on the same FS case as the potential ABAWD, this cannot be picked up via this report and the person will be listed. After a review of the case situation, it would be determined that the person is exempt from the ABAWD criteria since there is a child under 18 in the home.
   

2. Determine if individuals listed can be otherwise determined exempt from the ABAWD provisions: Using the list of persons identified as affected by this policy change, determine if any of the persons would (or could with a doctors statement, etc) be exempt for one of the reasons outlined in KEESM 2521. Code JOPR with the correct food stamp work program referral and reason code. Make sure the reason code is not AB on JOPR. (The reason code of AB should only be used for persons subject to the 3 of 36 month time limit.) Note on the report those that are determined exempt from the ABAWD criteria.
   
   
3. Send special notice to those determined not exempt from ABAWD provisions: Using the printout provided, and removing those exempt for another reason, send special notice to affected consumers explaining the policy change and that they will get three more months of benefits before they will be terminated from food stamps. The new notice is the F848, FS-Notice of ABAWD Changes. This notice should be sent to all affected cases by January 31, 2004. Complete the ES-4312, ABAWD Eligibility Tracking Form.
   
   
4. A second printout will be issued based on the February extracts: A second printout of 45-49 year olds as described above, will be issued based on the February extracts and issued on approximately February 10, 2004. Persons newly coded with a JOPR reason code of IN or NC since the time of the first report will be excluded. This printout will reflect the cases still open as of that date that need final review for continued eligibility or case closure. If the person is not exempt from the ABAWD provisions for any other reason, the case is to be closed if applicable, effective 3/31/04 or the person coded DI effective 4/1/04. If the case is being closed, use the AB closure code. Send closure (F416) or change (F716) notice - special wording will be added to these notices in March that explains that the person may reapply the month they turn 50. Timely and adequate notice is required.
   
   
5. Special information for counties with FS E & T: In those counties where the 45-49 year old person was mandatory for FS E & T activities, these new ABAWDs will become exempt from work participation for food stamps effective 12/31/03. Corresponding EPS cases should be terminated and any FS E & T support services ended. Send appropriate notice and update JOPR.
   
   
6. Notices: The following notices have been added or modified due to this policy change:
   

   New

• F848, FS - Notice of ABAWD Changes
  

Modified

• F216, FS Denial - ABAWD Requirements Not Met
• F416, FS Closure - ABAWD Requirements Not Met
• F716, FS Change in Benefits - ABAWD Requirements
• F845, FS- Important Information (ABAWD)
• All SR notices that mention the ABAWD age limit: F107, F706, V054,V057, V058, V059, and V060.

NOTE: Cases with persons identified as an ABAWD per 2527(1) are subject to a six month review period. Most of the ongoing cases affected by this policy change will have 12 month review periods established. Since there are no provisions for shortening the review period, the original 12 month review period and IR due date shall remain intact. If the ABAWD is in the home at the time of the next review and coded IN due to meeting the work requirement, or coded DI, then a 6 month review period would be appropriate at that time per 9372(2)(a). Note that the case is still subject to simplified reporting but with a six month review period.

Case Example: Berta is 42 and gets SSI. She lives with her boyfriend Sam who is 46. Sam has no income. The case is certified for 11/1/03-10/31/04. The IR is due 4/04. Sam is not otherwise exempt from the ABAWD criteria. He is sent the special notice, F848 on January 25, 2004. In March, he is "removed" from Berta’s case by being coded DI. Notice F716 is sent providing timely and adequate notice. The IR is due 4/04 and received. When the IR is processed, Berta remains eligible for the remainder of the review period with Sam coded DI. The next IR due is entered as 4/05. Review processed in 10/04. Sam is still in the home and unemployed, thus he remains coded DI. The case is still subject to simplified reporting but the review period is 6 months per 9372(2)(a). MRHR is coded N and NA since an IR is no longer due. The IR due date of 4/05 is then removed from FSAD screen.

If staff have any questions please contact Pam Jacob.

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