2521 Persons
Exempt from the ABAWD Provision - The following persons are exempt
from the above provision:
- Person is exempt from mandatory work registration for any reason.
See KEESM 3220 for a list of Food Assistance
Work Related exemptions.
- Persons under age 18 (or 18 and still receiving TANF) 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.
- 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).
A person determined to be cooperating and currently eligible for VR
services would meet this criteria. In addition, all recipients of
MediKan 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 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, 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.
- Persons responsible for the care of a dependent child food assistance
household member. For purposes of this provision, responsibility for
the care of a dependent child household member means that the person
is:
- A parent (natural,
adoptive or step) of a food assistance household member under
the age of 18 (or 18 and receiving TANF); or
- Is a member of
a food assistance household containing a member under the age
of 18 (or 18 and receiving TANF).
This provision applies even if the person under 18 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.
- Women who are pregnant;
- Persons who claims responsibility for the care of an incapacitated
household member;
- Persons who are receiving unemployment compensation;
- A regular participant in an alcohol or drug addiction treatment
and rehabilitation program (solely attending Alcoholics Anonymous
(AA) meetings does not meet this criteria);
- 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.
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.