Section 144-301-100-FS 111-7 - Able-Bodied Adults Without Dependents (ABAWD)1.GENERAL RULEA. An Able-Bodied Adult Without Dependents (ABAWD) is an individual who is- (1) at least 18 years of age, and(2) in a SNAP household with no members under the age of eighteen (18).B. An individual is no longer an ABAWD- (1) As of September 1, 2023, beginning the month they turn fifty-two (52) years of age.(2) As of October 1, 2023, beginning the month they turn fifty-four (54) years of age.(3) As of October 1, 2024, beginning the month they turn fifty-six (56) years of age(4) As of October 1, 2030, beginning the month they turn fifty (50) years of age.2.WORK REQUIREMENTSA. An ABAWD is not eligible for SNAP benefits if, during a "fixed" 36-month period, the ABAWD received SNAP benefits for three countable months or more and was not at the same time: (1) working in paid employment of at least 20 hours per week (averaged monthly); or(2) participating in and complying with the requirements of a work program under the Workforce Investment Opportunity Act (WIOA) or a work program under the Trade Adjustment Assistance Act (TRA) for at least 20 hours per week (averaged monthly); or(3) participating in and complying with the requirements of an employment training program operated or supervised by the State or political sub-division of the State, other than a job search program or a job search training program, for at least 20 hours per week (averaged monthly); or(4) participating in and complying with the requirements of a workfare program or volunteer community service for a monthly maximum of the value of the household benefit divided by state or federal minimum wage, whichever is higher. Hourly requirements of a workfare program or volunteer community service are determined by dividing the SNAP household benefit allotment by the state or federal minimum wage, whichever is higher. Pursuant to Section 20(c) of the Social Security Act, no member will be required to work in any workfare or volunteer position to the extent that such work exceeds in value the allotment to which the household is otherwise entitled or that such work, when added to any other hours worked during such week by such member for compensation (in cash or in kind) in any other capacity, exceeds thirty hours a week.B. The fixed 36-month time period will begin October 1, 2020 and end September 30, 2023. Subsequent time periods will follow using the same beginning and ending months, so the next fixed 36-month time period would start October 1, 2023 and end September 30, 2026.C. A countable month (referred to in Sub-paragraph A above) is a month during which an individual receives SNAP benefits for the full benefit month while not an exempt member.D. The work hours must be verified. In addition, ABAWDs must report when hours fall below 20 hours per week (averaged monthly), (except those working in a program described in Subparagraph A(4). above). If self-employed, the ABAWD must be employed for 20 hours or more per week and receive weekly earnings at least equal to state or federal minimum wage, whichever is higher, multiplied by 20 hours.3.GOOD CAUSEIf an individual would have worked an average of 20 hours per week but missed some work for good cause, the individual is considered to have met the work requirement if the absence from work is temporary and the individual retains their job. Good cause includes circumstances beyond the individual's control, such as, but not limited to, illness, illness of another household member requiring the presence of the member, a household emergency, or the unavailability of transportation.
4.EXEMPT MEMBERSThe individual is exempt from the work requirements in Paragraph 2 above if the individual is one or more of the following:
A. exempt from work requirements listed at FS 111-5;B. Physically or mentally unfit for employment; NOTE: If not evident, medical certification is required. In lieu of a doctor's statement, statements from nurses, nurse practitioners, social workers or medical personnel may be sufficient.
C. Receiving temporary or permanent disability benefits issued by governmental or private resources;E. subject to and complying with a TANF or unemployment compensation system work requirement;F. a student, regardless of age, who is enrolled at least half time in any recognized school, training program, or institution of higher education;G. caring for an incapacitated person who cannot provide their own care;H. regularly participating in a substance use disorder treatment program meeting the requirements of Title XIX of the Public Health Service Act (42 U.S.C. 300xet seq.);I. a resident of a Maine geographic area (city, town, plantation, unorganized territory, township or reservation) listed in FS 999-2; or isJ. In the period from September 1, 2023 through September 30, 2030: (i) experiencing homelessness;(iii) aged twenty-four (24) or younger and was in Foster Care up to the point that they would not be considered age eligible for Foster Care by the state that made the placement.5.SUBSEQUENT ELIGIBILITYAn ABAWD who is denied eligibility under this provision can regain eligibility if, during a 30-day period, the ABAWD:
A. works 80 or more hours; NOTE: If self-employed, the ABAWD must be employed for 80 hours or more and must receive earnings at least equal to state or federal minimum wage, whichever is higher, multiplied by 80 hours.
B. participates in and complies with the requirements of a work program under the Job Training Partnership Act (JTPA) or a work program under the Trade Adjustment Assistance Act (TRA) for at least 80 hours;C. participates in and complies with the requirements of an employment training program operated or supervised by the State or political sub-division of the State, other than a job search program or a job search training program, for at least 80 hours, or participates in and complies with the requirements of a workfare program or volunteer community service for a monthly maximum of the value of the household benefit divided by state or federal minimum wage, whichever is higher. Hourly requirements of a workfare program or volunteer community service are determined by dividing the SNAP household benefit allotment by state or federal minimum wage, whichever is higher. Pursuant to Section 20(c) of the Social Security Act, no member will be required to work in any workfare or volunteer position to the extent that such work exceeds in value the SNAP allotment to which the household is otherwise entitled or that such work, when added to any other hours worked during such week by such member for compensation (in cash or in kind) in any other capacity, exceeds thirty hours a week.
As an example, if the SNAP household benefit is $150 per month, and the relevant minimum wage is $7.50 per hour, the hourly requirements would not exceed 20 hours per month.
An ABAWD who regains eligibility remains eligible as long as they work 20 hours per week or participates in a work training program, workfare, or volunteer community service subject to the requirements above.
6.ADDITIONAL THREE-MONTH PERIOD OF ELIGIBILITYAn individual ABAWD who regains eligibility for Food Supplement benefits subject to the requirements above and then loses his or her job, work training program, workfare, or volunteer community service position remains eligible to receive Food Supplement benefits, if otherwise eligible, for an additional period of three consecutive countable months without working or being in work training program, workfare program, or volunteer community service.
Any additional three-month extension period of eligibility begins on the date the individual first notifies the state that they have lost their job; work training program, workfare, or volunteer community service position.
This additional three-month period of eligibility is available to an ABAWD only once in any 36-month period. However, there is no limit on the number of times an individual may regain and maintain eligibility by fulfilling the work requirement.
As with initial allotments, a prorated month does not count as a countable month.
10-144 C.M.R. ch. 301, § 100-FS 111-7