3220 Food Assistance Work Related Exemptions
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. This includes in-kind work or working 30 hours a
week but earning less than Federal minimum wage times 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 physically or mentally unfit for work. 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 3220.1, 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.”
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 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 above exemptions.
3220.1 Food Assistance Loss of Exempt Status - A food assistance person becomes eligible for employment 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 career navigator who will offer employment services at the time of the next review.