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.

  2. Persons under age 18 (or 18 and still receiving TANF) or age 53 or over;

    NOTE: The month the person turns 53, 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).

    A person determined to be cooperating and currently eligible for VR services would meet this criteria. In addition, all recipients of MediKan and any person(s) that has a pending SSA disability application (i.e., SSI or SSDI) meets 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. Pending status for SSA disability would exempt 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 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.
     
  4. 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:
     
    1. A parent (natural, adoptive or step) of a food assistance household member under the age of 18 (or 18 and receiving TANF); or
       
    2. 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.

     
  5. Women who are pregnant;
     
  6. Persons who claims 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. A homeless individual, defined as an individual who lacks a regular nighttime residence, which includes:  

    1. Supervised shelter designed to provide temporary residence;

    2. Halfway house or similar institution that provides temporary residence;

    3. Temporary accommodation of no more than 90 days in residence of another person; or

    4. Place not designed for regular sleeping accommodations (hallway, bus station, lobby, or other similar places).


  11. A veteran, defined as an individual who served in the United States Armed Forces (Army, Marine Corps, Navy, Air Force, Space Force, Coast Guard and National Guard). This includes services in a reserve component of the Armed Forces, and who was discharged or released, regardless of the conditions of discharge or release.

  12. An individual 24 years of age or younger who was in foster care on the date individual attained 18 years of age. This includes foster care program administered by the State, District, Territory, or Indian Tribal Organization.

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.