16 Del. Admin. Code § 9000-9018
No physically and mentally fit individual over the age of 15 and under the age of 60 shall be eligible to participate in the food supplement program if the individual:
| · | refuses, at the time of application and every 12 months thereafter, to register for employment; |
| · | refuses without good cause to accept an offer of employment at a site not subject to a strike or lockout at the time of refusal, at a wage not less than the higher of |
| · | refuses without good cause to provide DSS with sufficient information to allow DSS to determine the employment status or the job availability of the individual; |
| · | voluntarily and without good cause quits a job or reduces the hours of work so the individual is working less than 30 hours per week; or |
| · | fails to comply with a work supplementation program. |
13 DE Reg. 1335 (04/01/10)
Individuals are ineligible to continue to receive food stamps if, during any 36-month period they received food stamps at least three (3) months (consecutive or otherwise) while they did not either:
| · | work at least 20 hours per week (averaged monthly which means 80 hours a month); or |
| · | participate in a work program at least 20 hours per week; or |
| · | work and participate in a work program for any combination of hours that totaled 20 hours per week; or |
| · | participate and comply in a workfare program. |
Definitions
Work is defined as:
| · | Work in exchange for money; |
| · | Work in exchange for goods or services (in-kind work); |
| · | Unpaid work which is verified; or |
| · | Any combination of the above definitions. |
Qualifying work programs include programs under:
| · | Workforce Investment Act; |
| · | Trade Adjustment Assistance Act; or |
| · | Employment and Training (except for job search or job search training programs). |
Good Cause
If the individual would have worked an average of 20 hours per week but missed some work for good cause, the individual shall be considered to have met the work requirements 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:
| · | illness; |
| · | illness of another household member requiring the presence of the member; |
| · | a household emergency; or |
| · | the unavailability of transportation. |
Exemptions
Individuals are exempt from this work requirement if he or she:
| · | is under 18 or over 50 years of age; (The month after an individual turns 18 will be the first month the individual must start meeting the work requirements. The month an individual turns 50 years of age will start the exemption.) |
| · | is medically certified as physically or mentally unfit for employment. A person is medically certified as physically or mentally unfit for employment if he or she: |
| · | is receiving temporary or permanent disability benefits issued by governmental or private sources. |
| · | is obviously mentally or physically unfit for employment. |
| · | provides a statement from a physician, physician's assistant, nurse, nurse practitioner, designated representative of the physician's office, a licensed or certified psychologist, a social worker, or any other medical personnel, that he or she is physically or mentally unfit for employment. |
| · | a parent (natural, adoptive, or step) of a household member under age 18; |
| · | is residing in a household where a household member is under age 18, even if the household member who is under 18; |
| · | is pregnant (any trimester); or |
| · | is otherwise exempt from work requirement under DSSM 9018.3. |
Regaining Eligibility
Individuals denied eligibility under this work requirement, or who would have been denied under this work requirement if they had reapplied, can regain eligibility if during a 30-day period the individual:
| · | works (paid or non-paid) for 80 hours or more; |
| · | participates in and complies with a work program, as described above, for 80 hours or more; |
| · | participates in any combination of work and participation in work program for a total of 80 hours; |
| · | participates in a workfare program; or |
| · | becomes exempt. |
Individuals who regain eligibility based on the requirements above will remain eligible as long as they meet the above requirements.
Individuals who lose their employment or cease participation in work or work supplementation programs may continue to receive food stamps for up to three (3) consecutive months beginning from the date DSS is notified that work has ended.
The only remaining cure during the 36-month period is for the individual to:
comply with the work requirements of this section; or
to become exempt under other provisions of the requirement.
Treatment of Income and Resources
The income and resources of an individual made eligible due to the time limit shall be handled according to DSSM 9076.2.
Benefits Received Erroneously
If an individual subject to the time limit receives food stamp benefits erroneously, consider the benefits to have been received unless or until the individual pays it back in full.
Verification
Verification is handled according to DSSM 9032.16 and DSSM 9038.
Reporting Requirements
Individuals subject to the time limit must report changes in work hours below 20 hours per week, averaged monthly.
Any work performed in a job that was not reported will be counted as work when determining countable months.
Countable Months
Countable months are months during which an individual receives food stamps for the full month while not:
| · | exempt; |
| · | meeting the work requirements; |
| · | receiving prorated benefits. |
The following persons are exempt from the work registration requirement:
If a child has its 16th birthday with a certification period, the child will fulfill the work registration requirement as part of the next scheduled recertification process, unless the child qualifies for another exemption.
A person age 16 or 17 who is not a head of a household or who is attending school, or enrolled in an employment and training program on at least a half-time basis is exempt.
If a mental or physical unfitness is claimed and the unfitness is not evident, verification may be required. Appropriate verification may consist of receipt of temporary or permanent disability benefits issued by governmental or private sources, or of a statement from a physician or licensed certified psychologist.
If the child has its 6th birthday within a certification period, the individual responsible for the care of the child will fulfill the work registration requirement as part of the next scheduled recertification process, unless the individual qualifies for another exemption.
If the exemption claimed is questionable, verify the exemption with the appropriate DOL office.
The person does not have to be a resident of such a treatment center. However, the treatment center must be certified as a rehabilitation program by the State agency that is responsible for the States programs for alcoholics and drug addicts. Alcoholics Anonymous (AA) does not meet this criteria. Regular participants in AA are not exempted from work registrations.
This will include migrant and seasonal farmworkers who are under contract or similar agreement with an employer or crew chief to begin employment within 30 days (although this will not prevent individuals from seeking additional services from DOL).
A student enrolled in a school, training program or institution of higher education will remain exempt during normal periods of class attendance, vacation and recess, unless the student graduates, is suspended or expelled, drops out, or does not intend to register for the next normal school term (excluding summer school).
Household members who are applying for SSI and for food stamps under DSSM 9043 will have the requirement for work registration waived until:
Persons losing exemption status due to any change in circumstances that is subject to the reporting requirements of DSSM 9085 will register for employment when the change is reported.
Examples of such changes include loss of employment that also results in loss of income or more than $25 a month, or departure from household of the sole dependent child for whom an otherwise non- exempt household member was caring.
Those persons who lose their exemption due to a change in circumstances that is not subject to the reporting requirements of DSSM 9085 will register for employment at their household's next recertification.
16 Del. Admin. Code § 9000-9018