Exemptions from ABAWD Work Requirement and Time Limit
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When an ABAWD participant meets an exemption from the ABAWD work requirement, the participant is exempt from the work requirement. When exempt, the ABAWD participant is not limited to a three-month time limit.
Policy
FAA has an approved ABAWD waiver through 09/2023 that suspends the ABAWD time limit. Though the ABAWD time limit is waived, FAA staff must continue to follow the procedures and AZTECS keying procedures for reporting purposes.
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NOTE During the ABAWD time limit waiver, the ABAWD participant can receive more than three months of NA benefits.
The entire month is exempt when an exemption occurs any time during the benefit month.
An ABAWD participant could qualify for more than one ABAWD exemption. The worker uses the ABAWD exemption that exempts the participant for the longest time. For exemptions that require verification, the participant is exempt once the proof is received.
ABAWD Exemptions
The following participants are exempt from the ABAWD work requirement. FAA applies the exemptions in the following order:
1) Age
Participants are exempt from ABAWD work requirements when they meet one of the following:
●Under 18 years of age
The 18-year-old participant is exempt through the month in which they turn 18.
●Age 50 and over
The 50-year-old participant becomes exempt the month in which they turn 50.
2) Residing with a Minor Child (Under Age 18)
When a participant resides with a minor dependent child, the minor participant is not required to be eligible for NA benefits but must be included in the same budgetary unit. This exemption applies through the month in which the minor turns 18.
3) Mentally or Physically Unfit for Work
Participants who are mentally or physically unfit for work are exempt from the ABAWD time limit and work requirements. Unfit for work can include anything that affects the ability to work, maintain employment, or restricts the range of employment opportunities including, and not limited to, any of the following:
●Mental conditions
●Learning disability
●Emotional challenge
●Difficulty handling stressful situations, or being around people
●Physical condition
●Recovering from surgery
●Physical limitations due to disability
●Receipt of temporary or permanent disability benefits from a governmental or private source
●Life circumstances
●Homelessness
●Victim of domestic violence, sexual harassment, sexual assault, or stalking
A participant does not need to have a disability to be unfit for work. Unfitness for work may not always be visible. Unfitness for work may be temporary or permanent.
Participants considered temporarily unfit for work are exempt until renewal unless verification is received that specifies a different expected end date for the exemption reason.
Participants with a long-term or permanent disability are exempt from the ABAWD work requirements and the ABAWD three-month time limit.
4) Pregnancy Exemption
Participants who are pregnant in any trimester are exempt from ABAWD work requirements.
5) Exempt from the NA Work Requirements
See NA Work Requirement Exemptions for additional exemptions which can be used for ABAWD.
6) Geographical Exemption
Participants who reside in a geographical, exempt area are exempt from the ABAWD work requirements.
The Geographical Exemption is active for the entire state only during the ABAWD time limit waiver.
Verification
The following exemptions need verification:
●ABAWD Exemption Pregnancy
The participant is not required to verify pregnancy unless the pregnancy is questionable(g).
●ABAWD Exemption Unfit for Work
When unfitness for work is obvious and not questionable, participant statement verification is acceptable.
When unfitness for work is not obvious or is questionable, document or collateral contact verification is needed. Verification can include, and is not limited to, one of the following:
●Insurance or police reports supporting the unfit for work claim.
●The Verification of Unfitness for Work for Adults (FAA-1533A) form.
●The Verify Unfit for Work for Adults (A024) notice.
●A written statement or collateral contact completed by a medically qualified source(g) for unfit for work must include all of the following:
The condition, circumstance, illness or disability that impedes the participants ability to participate in employment or work.
The projected duration of the condition, circumstance, illness or disability.
When the duration for the condition, circumstance, illness or disability cannot be determined at the present time, includes an indication of re-examination and reevaluation.
●Proof of receipt of temporary or permanent disability benefits from governmental or private sources including, and not limited to, one of the following:
VA disability benefits
Workers Compensation
SSI (or pending application for SSI)
State-issued temporary or permanent disability benefits
Participation in a Vocational Rehabilitation program
Social Security Disability benefits
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 03/27/2023