ABAWD Continued Eligibility
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This policy explains how an Able Bodied Adult Without Dependents(g) who 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 additional months of NA benefits when any of the following apply:
●The ABAWD participant regains eligibility
●The ABAWD participant qualifies for a three-month extension
●The ABAWD three-year period restarts on 01/2025
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 additional 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 calendar days(g) of the effective date of closure
●All outstanding verification is provided
●There is at least one full month remaining in the approval period
NOTE A new application is required when a participant contacts FAA more than 30 calendar days after the effective date of closure.
A change has to 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
ABAWD Extension Period
An ABAWD participant may be eligible for an extension period, which is an additional three full months of NA benefits. Prorated application months do not count toward the three-month extension.
An ABAWD participant may be potentially eligible for a three-month extension when all of the following requirements are met:
●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 calendar days(g) 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 once in a three-year period. The extension period is three consecutive full months of NA benefits. The first month of eligibility is the first month NA eligibility is reestablished after the loss of employment or training.
When a participant meets the requirements for an ABAWD three-month extension, FAA completes an eligibility determination. For eligibility to be determined, the participant needs to take the appropriate action in the following situations:
●When NA benefits stopped, the participant needs to complete all of the following:
Submit a new application.
Complete the interview.
Provide all requested verification.
●When the case is open, and the budgetary unit includes other members currently receiving NA benefits, the participant needs to complete all of the following:
Submit a change report to add the disqualified participant to the NA benefits.
Provide all verification.
●When a participant reports a loss of employment or a loss of a training program while receiving NA benefits, the participant must provide any requested information or verification to FAA.
NOTE See Simplified Reporting for more information about ABAWD reporting requirements.
Procedures
Complete all of the following when the participant reports a loss of employment or when no longer participating in an employment and training program:
●Review ABAWD exemptions with the participant to determine whether an exemption is met. When an ABAWD exemption is met, the participant has regained eligibility, complete all of the following:
Document the case file.
Send the appropriate notice.
●Determine whether the loss of employment is due to Voluntary Quit (VQ) or Reduced Work Effort (RWE). When the loss of employment is due to VQ or RWE, determine whether a good cause reason exists. (See Work Requirement Disqualifications for more information.) When good cause does not exist, complete all of the following:
Review CODF to see whether three full months of NA benefits were paid for months in which the participant did not meet ABAWD work requirements or an ABAWD exemption. (See ABAWD Exemptions for more information.)
Impose a mandatory disqualification period when the participant voluntarily quits or reduced work efforts without good cause and document the case file supporting the disqualification.
NOTE Consider extension months used when the participant is ineligible due to a voluntarily quit or reduced work efforts disqualification. Document the case file(g) to indicate the one-time extension has been used.
Send the appropriate notice.
●When the loss of employment or training is not a result of VQ or RWE, or when the participant had good cause, complete all of the following:
Document the case file.
Determine whether the participant meets the ABAWD extension requirements.
Extension Period
When an application or change report is received for a participant who has received three countable ABAWD months and does not meet an exemption, complete all of the following:
●Determine whether the participant meets the ABAWD extension requirements.
●Determine the extension months.
●Send the appropriate notice.
NOTE When a change report is received to add a participant disqualified for the ABAWD time limit to an open NA case, see Adding a Participant to an Active Case for more procedure requirements.
Complete all of the following when it has been determined the participant meets the ABAWD extension requirements:
●Review WERE for each participant to determine whether the time limit counter displays three full months of NA benefits paid.
NOTE Determine and process each participant individually when the budgetary unit contains more than one participant.
●Determine the first eligible extension month.
NOTE The first month of eligibility is the first month NA eligibility is reestablished after the loss of employment or training.
●Key LE (loss of employment) or LP (loss of participation in training) in the FS EXT RSN/LENGTH field and press ENTER. When LE or LP is keyed, AZTECS completes all of the following:
Displays 3 in the LENGTH field and advances to the CODF screen for that participant.
Displays E in the PAYMENT INDICATOR field on CODF when NA is issued in up to three of the following months.
●Process the determination through FSAD and approve NA.
●Complete any of the following, when appropriate:
For an application, send one of the following notices:
●An NA Approval notice
●An NA Denial/Closure notice
For a reported change, send one of the following notices:
●The Increase – NA Benefits (F702) notice
●The Decrease - NA Benefits (F701) notice
●The No Change on Reported Information (C705) notice
NOTE AZTECS displays the edit message INVALID TIME LIMITED REQUIREMENT - CHECK WERE/CODF when the participant's three extension months have expired, and they are still coded IN on SEPA. NEXT to SEPA and change the Participation Code to DI before authorizing benefits.
●Key the AB Denial Closure Reason Code when the budgetary unit is limited to only the ABAWD participant.
●Determine the number of full months of NA benefits paid when a total of three Xs are displayed on CODF when the participant failed to report, and they no longer meet the ABAWD work requirements.
●Update CODF with the E Code for each month the participant received a full month of NA benefits that should have been countable as ABAWD extension months.
Complete all of the following when the participant has received the additional three months extension:
●Close the case using the AB Denial Closure Reason Code when the only participant is an ABAWD participant.
●When the budgetary unit includes other non-ABAWD participants, disqualify the ABAWD participant by changing the Participation Code on SEPA from IN to DI.
NOTE Complete the INELIG RSN field with the AB Denial Closure Reason Code and the INELIG DATE.
When the approval period ends before the participant's or budgetary unit's third full benefit month, an application must be turned in for the remaining months of the extension.
Verification
System interface and the case file(g) must be reviewed before verification is requested. No additional verification is needed when the AZTECS interface or HEAplus hubs have verified the information.
The participant has the primary responsibility for providing verification. (See Participant Responsibilities – Providing Verification for additional policy.)
For verification of exemption reasons, see ABAWD Exemptions.
AZTECS Keying Procedures
Complete one of the following when FAA receives notification that the ABAWD work requirement is not met:
●For budgetary units with ABAWD participants only, complete all of the following:
Key the AB Denial Closure Reason Code to deny the application or stop the NA benefit.
Send the appropriate notice allowing for NOAA.
●For budgetary units with ABAWD participants and other participants that remain eligible, complete all of the following:
Key the participation code DI in the PT field on SEPA to disqualify the ABAWD participant.
Send the appropriate notice allowing for NOAA.
For budgetary units with an ABAWD participant and other participants that are income ineligible, complete all of the following:
●Key the participation code DI in the PT field on SEPA to disqualify the ABAWD participant.
●Key IA in the DENIAL CLOSURE REASON field on FSED and stop NA benefits.
●Send the NA ABAWD Denial/Closure (F231) notice allowing for NOAA.
Complete all of the following when verification is received that the ABAWD work requirement is met through employment and training programs:
●Key PC in the WERE EXPT RSN FS field on WERE.
●Key RA in the WORW PAR/EXEM FS field as applicable on WORW.
●Process the determination through FSAD and authorize approval when the participant is otherwise eligible.
●Send the appropriate approval notice.
Regaining Eligibility
When a participant regains eligibility because they meet an ABAWD exemption or work requirement, see one of the following based on the status of the case:
Closed Case
When the case is closed due to meeting the ABAWD time limits, complete all of the following to reopen the case:
●Review CAP2 to determine whether the case would be reopened for NA.
●When information is provided after the case is closed and before the effective date of closure key the OTHR Reason Code in the REPT CODE field on REPT. (See Example 1)
●When information is provided within 30 days of the effective date of closure, key the NAWA Reason Code in the REPT CODE field on REPT. Key the date the information is provided in the DATE PROVIDED field on REPT. Benefits are prorated based on the date of compliance. (See Example 2)
NOTE When a participant contacts FAA more than 30 calendar days(g) after the effective date of closure, a new application is required.
●Key the month the case was reopened on APEM to process the determination.
●Review WERE and update the participant’s ABAWD exemption or NA work requirement exemption when needed. (See ABAWD Exemptions for a list of exemption reasons.) Key the appropriate Exemption Reason Code in the EXPT RSN FS field on WERE.
●Review WORW and update the participant’s NA work requirement exemptions, when needed. (See NA Work Requirement Exemptions for a list of Work Requirement exemptions.) Key the appropriate NA Work Requirement Exemption Code in the PAR/EXEM field on WORW.
●Request verification when no verification is available in the case file(g).
NOTE For ABAWD exemptions, participant statement verification may be used unless it is questionable.
●Redetermine eligibility with the current information.
●Send the Resume Benefits - Information Provided (C502) Notice.
●Document the case file.
Open Case
When an ABAWD participant is disqualified, and the remaining budgetary unit members continue to be eligible for NA benefits, treat any reported ABAWD eligibility information as a reported change.
When a participant is disqualified or benefits have been reduced, complete all of the following to add the participant to an open case:
●Key the participant IN on the PT field on SEPA for the first month possible. (See Effective Date for Adding a Participant for more information on when a participant is added back into an open case.)
●Review WERE and update the participant’s ABAWD exemption or NA work requirement exemption when needed. (See ABAWD Exemptions for a list of exemption reasons.) Key the appropriate Exemption Reason Code in the EXPT RSN FS field on WERE.
●Review WORW and update the NA work requirement exemptions for the participant, when needed. (See NA Work Requirement Exemptions for a list of Work Requirement exemptions.) Key the appropriate NA Work Requirement Exemption Code in the PAR/EXEM field on WORW.
●Redetermine eligibility with the current information provided.
●Send the appropriate change notice. (To determine the appropriate change notice, see When to Effect Changes.)
●Document the case file.
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.
On REPT, use the OTHR code and update the EXPT RSN FS field on WERE.
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.
On REPT, use the NAWA code and key 02/07/2024 in the date provided field. NA benefits start on 02/07/2024.
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.
Add Jim back IN on SEPA for the month of 03/01/2024.
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.
Add Sue back IN on SEPA for the month of 03/01/2024.
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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 09/03/2024