Section 362.320 - Able-bodied Adults Without Dependents (ABAWD) Work Program(A)Mandatory Population and Requirements. All nonexempt household members between 18 and 49 years of age must: (1) Register for work at application and every 12 months after initial registration; and(2) Do one of the following: (a) Work at a job, or combination of jobs, for 20 hours per week averaged monthly. The work performed may be done in exchange for money, in exchange for goods or services (in-kind work) or may be unpaid work;(b) Work at a community service site for a specified number of hours per month determined by dividing the monthly SNAP allotment by the (higher of the State or Federal) minimum wage;(c) Participate in a qualifying SNAP Employment and Training (E&T) program, including basic education, vocational or technical training, or on-the-job training for 20 hours per week. Job search activies associated with E&T components must make up less than half of the required participation hours; or(d) Work at a job less than 20 hours per week and participate in a qualifying SNAP E&T program component or a WIOA activity for a combined total of 20 hours per week averaged monthly; and(3) Provide information to the Department regarding employment status or job availability when requested; and(4) Any SNAP household member currently meeting his or her ABAWD work program requirement may volunteer to participate in an Employment and Training Program as described in 106 CMR 362.310(B) if a slot is available.(B)Exemptions. Able-bodied Adults without Dependents are exempt from the ABAWD work program requirements if they meet the exemption criteria of 106 CMR 362.310(C). The individuals listed below are also exempt from the ABAWD work program requirements: (1)Age. Persons younger than 18 years old or 50 years of age or older;(2)Pregnant Women. A pregnant woman at any stage of pregnancy;(3)Adults Living with Children Younger than 18 Years Old. Persons residing in a household where a household member is younger than 18 years old, even if the household member who is younger than 18 years old is not eligible for SNAP benefits; and(4)Resident of a Waived Area. A person who otherwise would be required to participate in the ABAWD work program is exempt if living in an area of the state exempted by the United States Department of Agriculture.(C)Good Cause Criteria for ABAWD Work Program Requirements. If an individual would have worked an average of 20 hours per week but missed hours due to good cause, the individual shall be considered to have met the work requirement if the absence from work is temporary and the individual retains his or her job. Good cause shall include 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.(D)Community Service Program Participation Criteria. (1) ABAWD work program participants who are not working at least 20 hours per week averaged monthly, or participating in a qualifying E&T Program component for at least 20 hours per week, must work in an uncompensated volunteer Community Service Program site in a public, quasi-public or non-profit organization, except that such placement cannot be in a candidate's campaign for public office.(2)Participation Requirements. (a) Each Community Service Program participant must: 1. self-arrange a volunteer Community Service Program placement approved by the Department; or2. select a volunteer SNAP Community Service Program placement identified by the Department.(b) Each Community Service Program participant must comply with the following Community Service Program activities: 1. Report to the appropriate Community Service Program site when referred by the Department;2. Report to the appropriate Community Service Program site for an interview upon reasonable request;3. Respond to any request from the Community Service Program site for additional information regarding employment status or availability for work;4. Attend the required hours per month as provided in 106 CMR 362.320(A)(2);5. Perform satisfactorily in this component, as defined by the provider;6. Provide verification of placement and participation at time periods determined by the Department on a form approved by the Department; and7. Accept an offer of employment, if any, from the Community Service Program site.(E)Ineligibility for Failure to Comply. ABAWD work program participants who choose not to comply with the above requirements for three months (which do not have to be consecutive) in a three-year period will be ineligible for SNAP benefits for the remaining months in the designated three-year period unless they regain eligibility by meeting the requirements of 106 CMR 362.320(F).(F)Regaining Eligibility. Clients who are determined ineligible for failure to comply with the ABAWD work program requirements for three months during a three-year period may regain eligibility, if otherwise eligible, after the client: (1) Works at a job for 80 hours during a 30-day period;(2) Works at a community service site for a specified number of hours per month determined by dividing the monthly SNAP allotment by the (higher of the State or Federal) minimum wage;(3) Participates and complies with the requirements of a qualifying SNAP Employment and Training (E&T) program component in accordance with 106 CMR 362.320(A)(2) for 80 hours during a 30-day period;(4) Works and participates in a qualifying SNAP E&T Program component for a combined total of 80 hours per month during a 30-day period;(5) Provides proof that he or she will meet the work requirement during a 30 consecutive day period; or(6) Becomes exempt from ABAWD work program requirements. There is no limit on how many times an individual may regain eligibility by meeting the work requirement.
(G)Maintaining Eligibility. Clients who regain eligibility under 106 CMR 362.320(F) shall remain eligible for the balance of the three-year period as long as they continue to comply with the ABAWD work program requirements by: (1) Working at a job 20 hours per week averaged monthly;(2) Working at a community service site for a specified number of hours per month determined by dividing the monthly SNAP allotment by the (higher of the State or Federal) minimum wage;(3) Participating and complying with the requirements of a qualifying SNAP E&T program for at least 20 hours per week in accordance with 106 CMR 362.320(A)(2);(4) Working at a job less than 20 hours per week and participating in a qualifying SNAP E&T program for a combined total of 20 hours per week averaged monthly; or(5) Being exempt from ABAWD work program requirements in accordance with 106 CMR 362.320(B).(H)Additional Three Month Eligibility. A client who has regained eligibility under 106 CMR 362.320(F) and is no longer fufilling the ABAWD work program requirement may continue to receive SNAP benefits for an additional three months without complying with 106 CMR 362.320(A). This exception is limited to a single period of three consecutive months during the balance of the three-year period.Amended by Mass Register Issue 1332, eff. 2/10/2017.