10 Colo. Code Regs. § 2506-1-4.310

Current through Register Vol. 47, No. 22, November 25, 2024

Section 10 CCR 2506-1-4.310 - GENERAL WORK REQUIREMENTS

As a condition of eligibility for SNAP, each household member not determined to be exempt must comply with the following work requirements:

A. Register for work at the time of initial application and at every recertification by signing the application for assistance or recertification. The application must be signed by the member required to register, an authorized representative, or by another adult household member; and

B. Provide the eligibility techncian with sufficient information regarding employment status or availability for work; and

C. Cannot commit an act of voluntary quit; and

D. Accept an offer of suitable employment; and

E. Report to an employer if referred by the local office if the potential employment is suitable employment.

4.310.1Work Requirements and Verification

Client statements are considered acceptable verification unless questionable.

If verification is requested from the client because client statement is considered questionable, case documentation must thoroughly explain why the original client statement was considered questionable.

A. Examples of verification that can be obtained to resolve questionable information can include but is not limited to:

1. Receipt of temporary or permanent disability benefits issued by government or private sources; or

2. Persons may provide a statement from a physician, physician's assistance, nurse, nurse practitioner, designated representative of the physician's office, or a licensed or certified psychologist. A county agency may determine other licensed medical personnel appropriate to provide verification that a work registrant is physically or mentally unfit for employment; or

3. A statement from a licensed social worker or a social worker employed by or acting on behalf of a 501(C)(3) non-profit organization or government entity.

4.310.2Informing the Household of General Work Requirements

At the point of initial application and recertification, when an interview is required, SNAP households must receive from the eligibility technician a written notice and a verbal explanation of:

A. The SNAP general work requirements;

B. The rights and responsibilities of household members subject to work requirements;

C. The consequences of failure to comply with these work requirements; and

D. The availability of additional employment and training programs and services, outside of Employment First (EF), within their community.

When an interview is not required at recertification, the written statement of these requirements to the work registrants in the household is sufficient.

4.310.3General Work Requirement Exemptions

At all determinations of eligibility including initial, ongoing, and recertification, eligibility technicians must explore if the household member meets an exemption rather than placing the burden solely on the household member to self-report.

General work requirement exemptions include:

A. A person 15 years of age or younger or a person 60 years of age or older;

1. A person age 16 or 17 who is not the head of a household, or who is attending school, or is enrolled in an employment training program, on at least a half-time basis, is also exempt.

B. A parent or other household member responsible for the care of a dependent child under 6 or an incapacitated person;

C. A person physically or mentally unfit for employment;

Examples of being physically or mentally unfit for employment can include but are not limited to:

1. Persons experiencing homelessness, as defined in 4.000.1

2. Recently released from an institution

3. Person with disabilities as defined in 4.100 and includes but is not limited to:

a. Persons with self-declared temporary conditions that would prevent successful participation in work activities

b. Persons receiving temporary or permanent disability benefits issued by government or private sources

c. Persons participating in vocational rehabilitation

d. Persons applying for and/or appealing SSI benefits

4. Persons unable to maintain employment

5. Persons impacted by domestic violence

D. A student enrolled at least half-time, as defined by the educational facility, in any accredited school, training program, or institution of higher education;

1. A student who is enrolled in an institute of higher education must meet student eligibility requirements to receive SNAP.

2. Students who are eligible for SNAP remain exempt from work requirements during normal periods of class attendance and school breaks.

3. Persons who are not enrolled at least half-time or who experience a break in their enrollment status due to graduation, expulsion, suspension, or who drop out or otherwise do not intend to register for the next normal school term (other than summer), shall not be eligible for this exemption.

E. Employed or self-employed individuals who are working a minimum of thirty (30) hours per week or receiving weekly earnings at least equal to the federal minimum wage multiplied by thirty (30) hours;

1. 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 thirty (30) days.

2. Persons working in action programs, including VISTA, are exempt from work requirements if they work at least thirty (30) hours per week even if the compensation is not consistent with prevailing community wage, since an employer-employee relationship can be documented.

F. A person applying for or receiving Unemployment Insurance Benefits (UIB). The local office shall verify application for or receipt of UIB, if questionable. A person who has been denied UIB and who is appealing the decision is exempt;

G. A regular participant in drug or alcohol treatment or rehabilitation program;

H. A person subject to and complying with CW or the Colorado Refugee Services Program (CRSP) work programs.

4.310.4Changes in Exemption Status

Individuals exempt from work requirements are not required to report changes in their exemption status during their certification period. At recertification, all individuals subject to work requirements will be reassessed for work requirement exemptions.

If an individual loses their exemption status during their certification period, they shall retain their original work requirement exemption through their certification period unless they are considered an ABAWD.

4.310.5Voluntary Quit

A. When a household files an initial application or recertification, the local office must determine if any household member who is not exempt from work requirements voluntarily quit his or her job of 30 or more hours a week or reduced his or her work effort to be less than 30 hours a week without good cause. Benefits must not be delayed beyond the normal processing times pending the determination of voluntary quit.

B. A level sanction as described in section 4.3108, below, will be imposed if voluntary quit occurred within sixty (60) calendar days prior to the date of application or after the date of application but prior to eligibility determination and the voluntary quit was without good cause as defined in section 4.308.1.

1. Individuals who voluntary quit are ineligible to participate in SNAP and shall be treated as a disqualified member. If the disqualified member joins another household, the ABAWD disqualification period for that individual shall continue until the ABAWD disqualification period is completed.

C. An employee of the federal, state, or local government who participates in a strike against such a government and is dismissed from his or her job because of participation in the strike, will be considered to have voluntarily quit his or her job without good cause.

If an individual quits a job, secures new employment at comparable wages or hours, and, through no fault of his or her own loses the new job, the prior voluntary quit will not be a basis for disqualification.

4.310.6Suitable Employment

Employment will be considered suitable, unless any of the following apply:

A. The wages offered are less than the higher of:

1. The applicable federal or state minimum wage.

2. Eighty percent (80%) of the federal minimum wage if neither the federal or state minimum wage is applicable.

B. The employment offered is on a piece-rate and the average hourly yield the employee can reasonably be expected to earn is less than the applicable hourly wage specified above.

C. The household member, as a condition of employment, is required to join, resign from, or refrain from joining any legitimate labor organization.

D. The work offered is at a site subject to a strike or lockout at the time of the offer unless the strike has been enjoined under the Labor Management Relations or the Railway Labor Act.

E. The household member that can demonstrate or the local office becomes aware that:

1. The degree of risk to the health and safety is unreasonable.

2. The client is physically or mentally unfit to perform the employment as established by documentary medical evidence or reliable information obtained from other sources.

3. The employment offered is not in his/her major field experience unless, after a period of thirty (30) calendar days from registration, job opportunities in his/her major field have not been offered.

4. The distance from the member's home to the place of employment is unreasonable considering the expected wage and the time and cost of commuting.

5. The daily commuting time exceeds two (2) hours per day, not including the transporting of a child or children to and from a child care facility.

6. The distance to the place of employment prohibits walking and neither public nor private transportation is available to transport the member to the job site.

7. The working hours or nature of the employment interferes with the member's religious observances, convictions, or beliefs.

10 CCR 2506-1-4.310

37 CR 15, August 10, 2014, effective 9/1/2014

37 CR 21, November 10,2014, effective 12/1/2014

38 CR 23, December 10, 2015, effective 1/1/2016

39 CR 01, January 10, 2016, effective 2/1/2016

39 CR 05, March 10, 2016, effective 4/1/2016

39 CR 07, April 10, 2016, effective 5/1/2016

39 CR 15, August 10, 2016, effective 9/1/2016

39 CR 17, September 10, 2016, effective 10/1/2016

39 CR 19, October 10, 2016, effective 11/1/2016

39 CR 23, December 10, 2016, effective 1/1/2017

40 CR 11, June 10, 2017, effective 7/1/2017

40 CR 17, September 10, 2017, effective 10/1/2017

41 CR 15, August 10, 2018, effective 9/1/2018

40 CR 23, December 10, 2017, effective 12/30/2018

42 CR 01, January 10, 2019, effective 2/1/2019

42 CR 03, February 10, 2019, effective 3/15/2019

42 CR 17, September 10, 2019, effective 10/1/2019

42 CR 18, October 10, 2019, effective 10/1/2019

42 CR 23, December 10, 2019, effective 12/30/2019

43 CR 01, January 10, 2020, effective 1/30/2020

43 CR 05, March 10, 2020, effective 2/7/2020

43 CR 07, April 10, 2020, effective 4/30/2020

43 CR 21, November 10, 2020, effective 11/30/2020

44 CR 21, November 10, 2021, effective 11/30/2021

45 CR 05, March 10, 2022, effective 3/30/2022

45 CR 19, October 10, 2022, effective 10/1/2022

45 CR 19, October 10, 2022, effective 11/1/2022

45 CR 21, November 10, 2022, effective 11/30/2022

46 CR 17, September 10, 2023, effective 9/30/2023