Ill. Admin. Code tit. 89 § 121.18

Current through Register Vol. 48, No. 49, December 6, 2024

Section 121.18 - Work Requirement

a) An individual is restricted to three months of eligibility for SNAP benefits during a 36-month period unless the individual meets the work requirement, or is exempt from meeting the work requirement, or the State is operating under an applicable federal waiver. The 36-month period is a fixed time period established by the USDA Food and Nutrition Service for the entire state.

b) An individual meets the work requirement by working an average of 20 hours per week, or by participating in workfare for the required number of hours.

c) An individual is exempt from meeting the work requirement if the individual is:

1) Pursuant to the age requirement defined in the Fiscal Responsibility Act of 2023 (FRA) (see 7 U.S.C. 2015(6)(o)(3)(A));

A) under age 18 or 51 years of age and older, effective September 1, 2023;

B) under age 18 or 53 years of age and older, effective October 1, 2023;

C) under age 18 or 55 years of age and older, effective October 1, 2024.

2) medically certified as physically or mentally unfit for employment;

3) pregnant;

4) a student enrolled at least half time;

5) a member of a household responsible for a dependent child;

6) responsible for the care of an incapacitated person;

7) participating in a substance use disorder treatment and rehabilitation program;

8) receiving weekly earnings of at least the federal minimum wage times 30 hours;

9) receiving Unemployment Insurance;

10) homeless as defined in Section 3 of the Food and Nutrition Act (FNA) of 2008 (see 7 U.S.C. 2012(l)) and at 7 CFR 271.2, means an individual who lacks a fixed and regular nighttime residence or an individual whose primary nighttime residence is:

A) A supervised shelter designed to provide temporary accommodations (such as a welfare hotel or congregate shelter);

B) A halfway house or similar institution that provides temporary residence for individuals who would otherwise be institutionalized;

C) A temporary accommodation for not more than 90 days in the residence of another individual; or

D) A place not designed for, or ordinarily used, as a regular sleeping accommodation for human beings (a hallway, a bus station, a lobby, or similar places).

11) a veteran who served in the United States Armed Forces, including in a reserve component of the United States Armed Forces and who was discharged or released from there, regardless of the conditions of such discharge or release;

12) under age 25, and who was in a foster care program such as through the Illinois Department of Children and Family Services (DCFS) or a District, Territory, or Indian Tribal Organization on their 18^th birthday, and later left the custody of the state agency or organization; or

13) residing in an area which is exempt from this requirement (see 7 U.S.C. 2015(o)(4)(A)(i) and (ii)).

d) An individual who has been denied eligibility because that individual does not meet the work requirement may qualify for three additional months of eligibility for SNAP in the 36-month period. To qualify for the three additional months of eligibility for SNAP, during a 30-day period, the individual must:

1) work (paid or unpaid) an average of 20 hours per week (80 hours monthly); or

2) participate in and comply with workfare.

Ill. Admin. Code tit. 89, § 121.18

Amended at 24 Ill. Reg. 4180, effective March 2, 2000

Amended at 47 Ill. Reg. 1007, effective 1/6/2023

Amended at 48 Ill. Reg. 12298, effective 7/31/2024