ABAWD Continued Eligibility
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This policy explains how an Able Bodied Adult Without Dependents(g) that has received three countable months of NA benefits may be potentially eligible for NA benefits.
Policy
An Able Bodied Adult Without Dependents (ABAWD) who has received three countable months of NA benefits may be potentially eligible for NA benefits when any of the following apply:
●The ABAWD three-year period restarts on 01/2025
●The ABAWD participant regains eligibility
●The ABAWD participant qualifies for a three-month extension
Regaining Eligibility
When a participant loses NA eligibility because of reaching the three-month limit, the participant may regain eligibility when any of the following occurs:
●Meets the ABAWD work requirement by completing any of the following:
Works at least 80 hours in any thirty-day period
Participates in a work program for at least 80 hours in a thirty-day period
Has a combination of work and work program participation of at least 80 hours in a thirty-day period
Works or participates in an employment and training program
●Meets an ABAWD exemption
●Enters a new three-year period
NOTE The ABAWD participant becomes potentially eligible for NA benefits in the month they meet one of the listed requirements.
A participant who has received three-countable months of NA benefits can reapply for benefits at any time. There is no limit to the number of times an ABAWD participant can regain eligibility.
When NA benefits have closed, benefits may be reopened without a new application when all of the following requirements are met:
●Information about an ABAWD exemption or work requirements is provided
●The information is provided within 30 days of the effective date of closure
NOTE When a participant contacts FAA after the 30 days following the effective date of closure, a new application is required.
●All outstanding verification is provided
●There is at least one full month remaining in the approval period
A change must be reported to add an ABAWD participant to an open budgetary unit when the participant regains eligibility and all of the following requirements are met:
●Information about an ABAWD exemption or work requirements is provided
●All outstanding verification is provided
Extension Period
ABAWDs may be eligible for an extension period, which is an additional three months of NA benefits. ABAWDs may be potentially eligible when all of the following apply to the ABAWD participant:
●Was determined ineligible for receiving three countable months of NA in the current three-year period.
●Met the ABAWD work requirement during any 30 consecutive day period and is no longer meeting the ABAWD work requirement.
●Has not received an ABAWD extension period in the current three-year period.
The three-month extension is allowed only one time in a three-year period. The extension period is three consecutive months. The first month of the extension period is the first month NA eligibility is reestablished after the loss of employment or training.
Verification
The participant has the primary responsibility for providing verification. (See Participant Responsibilities – Providing Verification for additional policy.)
For verification on exemption reasons see, ABAWD Exemptions.
Examples
1) John is a budgetary unit of one participant and his NA benefits were closed for the ABAWD time limit. John received an NA ABAWD Closure (X636) notice with an effective closure date of 01/31/2024.
John called FAA on 01/23/2024, reporting that he is recovering from major surgery and meets the ABAWD exemption for unfit for work.
FAA uses a participant statement verification for the ABAWD exemption.
NA Benefits are reopened for February 2024. John is entitled to a full month of NA benefits, as he contacted FAA before the effective date of case closure.
2) Betty is a budgetary unit of one participant and NA benefits closed for the ABAWD time limit. Betty received an NA ABAWD Closure (X636) notice with an effective closure date of 01/31/2024.
FAA received income verification from Betty on 02/07/2024.
Betty indicated that she is currently employed and meeting a work requirement, and included an employer statement that includes work hours, rate of pay, and pay frequency.
FAA reinstates Betty’s NA benefits starting on the date Betty provided the information and verification that she meets the work requirement.
3) Jim was receiving NA benefits with his spouse, Barbara. Jim is currently not meeting an ABAWD exemption or a work requirement. Barbara is receiving SSI. Jim has received an ABAWD Benefit Change (X638) notice. Jim has received three countable months of NA benefits, effective 01/31/2024. Jim is disqualified from NA benefits effective 02/01/2024.
Jim contacted FAA on 02/07/2024 and indicated that Barbara had become incapacitated, and he is responsible for her care. FAA sent Jim an Information Needed – NA (F011) notice with a due date of 02/19/2024. Jim provides a doctor’s statement on 02/13/2024 verifying he is responsible for Barbara’s care. Jim is added back into the NA benefits beginning on 3/01/2024.
4) Sue is a member of a budgetary unit of four NA participants. Sue was not meeting an ABAWD exemption or a work requirement. Sue has received three countable months of NA benefits, effective 01/31/2024. Sue received the ABAWD Benefit Change (X638) notice. Sue is disqualified from NA benefits effective 02/01/2024.
Sue contacts FAA on 02/07/2024, and explains she is currently pregnant.
FAA uses a participant statement verification for the ABAWD exemption.
Sue is added back into the NA benefits starting on 03/01/2024.
Legal Authorities
7 CFR 273.24(b)(1)
7 CFR 273.24(b)(2)
7 CFR 273.24(b)(3)
7 CFR 273.24(c)
7 CFR 273.24(g)
FNS Waiver
last revised 02/12/2024