16 Del. Admin. Code § 10000-10003

Current through Register Vol. 28, No. 7, January 1, 2025

Section 10000-10003 - Program Exemptions

Food Stamp recipients are required to participate in the Food Stamp Employment and Training Program unless they meet certain categorical and personal characteristics, and specific exemption criteria as identified below.

10003.1 Categorical and Personal Exemptions

Federal regulations requires that certain categorical and individual requirements must be met before an individual can be considered exempt from the Food Stamp Employment and Training Program. These requirements include the following:

A. Categorical Exemptions:

Federal requirements allows categories of persons to be exempt, including:

1. those for whom an employment and training requirement would be impractical, and

2. for factors such as the availability of work opportunities, and the cost effectiveness of the requirements.

A state may designate a category of all households residing in a specific area of the state to be exempt. Delaware chooses not to exempt persons based on categories at this time.

B. Individual/Personal Exemptions:

The following kinds of personal characteristics or situations justify exempting an individual otherwise required to participate in the Food Stamp Employment and Training Program.

1. Individuals with such severe deficiencies in employability skills that participation in the Food Stamp Employment and Training Program, as designed and reported here, hold only a very remote probability of achieving the objective of employment or placement in a vocational skills training program;

2. Work registrants requiring child care where it is not available;

3. Reasons of health;

4. Absence of adequate transportation to the training program or to employment locations;

5. Lack of job opportunity;

6. Homeless;

7. Individuals who are in their second or third trimester of pregnancy;

8. Work registrants 55 years of age or older;

9. Employed or self-employed, and working a minimum of 30 hours weekly or receiving weekly earnings at least equal to the Federal minimum wage, multiplied by 30 hours;

10. Participant is in the FSE&T - TANF Program; and

11. Participant is in a substance abuse treatment program and is unable to focus on developing employability skills.

10003.2 Criteria for Authorizing Exemptions

Criteria used to determine whether an exemption should be authorized includes:

A. Individuals with such severe deficiencies in employability skills that participation in the Food Stamp Employment and Training program holds only a remote probability of employment or placement in a vocational skills training program.

B. Individuals determined during either intake screening or assessment to read or compute below the third grade level.

C. Individuals determined during either intake screening or assessment to have severe deficiencies in spoken English language (and live in an area remote from available ESL programs).

D. Work registrants requiring child care where it is not available or child care is not available via public transportation within a reasonable commuting distance. The cost of private transportation is prohibitive.

E. Reasons of Health: After work registering and prior to screening, the participant becomes incapacitated. Temporary personal exemptions from Food Stamp Employment and Training participation may be granted upon recommendation of a physician or a Division of Vocational Rehabilitation enrollment. A temporary medical exemption is approved if the reason for the exemption is expected to last 60 days or more.

F. Absence of adequate transportation to the training program or to employment locations: Work registrant resides in a location not accessible to the Program by public transportation within a reasonable commuting time.

G. Lack of Job opportunity: If State Employment Service information indicates that there are essentially no jobs available within reasonable distance of the participant's residence.

H. Homeless: Participants who do not have adequate shelter or a permanent domicile. DSS assures that this exemption will be granted on a case-by-case basis, where it is not practical to service a particular individual.

I. Individuals who are in their second or third trimester of pregnancy: Persons who have begun their fourth month of pregnancy. The probability of work registrants in their second or third trimester of pregnancy obtaining employment or entering and completing training leading to employment is remote.

J. Work registrants 55 years of age or older: Individuals 55 years of age or older with no formal skills training, have been employed in any capacity in the last 10 years, and have less than a 10th grade education. Chances of success with this participant population is slight. This exemption will ensure the best possible use of limited staff time and resources.

K. Individuals who are employed or self-employed, and working a minimum of 30 hours weekly or receiving weekly earnings at least equal to the Federal minimum wage multiplied by 30 hours: employment prevents individual from participating in employment and training activities.

L. Participant is in the FSE&T - TANF Program: Individual is participating in employment and training activities for TANF recipients.

M. Participant is in a substance abuse treatment program: Individuals receiving substance abuse treatment services who are unable to focus on developing employability skills. Consultation between Case Manager and Substance Abuse Treatment Worker will determine the appropriateness of utilizing this exemption.

Authority to grant individual exemptions rests with the Case Manager, with close monitoring of such exemptions by the Case Manager Supervisor. Final authority rests with the DSS FS E&T Administrator.

Re-evaluate an individual's exemption status at the time of each recertification as per Section 273.7 (f) (2) of the regulations.

16 Del. Admin. Code § 10000-10003