Okla. Admin. Code § 340:50-5-100

Current through Vol. 42, No. 4, November 1, 2024

Section 340:50-5-100 - Able-bodied adult without dependents (ABAWD) work requirements and time limits

(a)ABAWD work requirements. Per Section 273.24(a) of Title 7 of the Code of Federal Regulations (7 C.F.R. § 273.24(a)), an ABAWD meets work requirements when he or she:

(1) works continuously 20 hours or more per week, averaged monthly. Averaged monthly means 80 hours per month. The employment may be paid, in-kind, unpaid, or volunteer work with religious or community organizations;

(2) participates in and complies with the requirements of a work program 20 hours or more per week, averaged monthly. Work programs include:

(A) a program assignment under Title 1 of the Workforce Innovation and Opportunity Act (WIOA), Public Law (P.L.) 113-128;

(B) a program under Section 236 of the Trade Act of 1974, Section 2296 of Title 19 of the United States Code (19 U.S.C. § 2296);

(C) an Oklahoma Supplemental Nutrition Assistance Program Works (OK SNAP Works) assignment, not including job search, supervised job search, or job search training activities. However, job search, supervised job search, or job search training activities, when offered as part of other program components, are acceptable if those activities comprise less than half the total required time spent in the components; or

(D) any employment and training program that serves veterans operated by the Department of Labor or the Department of Veterans Affairs; or

(3) works and participates in a work program for a total of 20 or more hours per week, averaged monthly; or

(4) meets an exemption from the work requirements per (d) of this Section.

(b)General rule. An ABAWD who is a member of an eligible household receiving Supplemental Nutrition Assistance Program (SNAP) food benefits must comply with work requirements per (a) of this Section or be exempt from work requirements per (d) of this Section to be eligible to participate as a member of any food benefit household for more than three countable months, consecutive or otherwise, during any 36-month or three-year period. When the ABAWD meets work requirements per (a) or an exemption per (d) of this Section, he or she is eligible to participate with no time limits. An ABAWD subject to the three-month time limit may also regain eligibility per (e) of this Section.

(1)Countable months. Countable months are months when an ABAWD receives SNAP benefits for the full benefit month while not:

(A) exempt from ABAWD work requirements per (d) of this Section;

(B) fulfilling the work requirement per (a) of this Section; or

(C) receiving benefits that are prorated.

(2)Countable months in another state. When there is an indication an ABAWD subject to the time limits received SNAP food benefits in another state in the last 12 months, the worker must verify the number of countable months the person used in the other state per 7 C.F.R. § 273.2(f)(1)(xiv)(B).

(3)Measuring the three-year or 36-month time period. Per 7 C.F.R. § 273.24(b)(3), Oklahoma Human Services (OKDHS) uses a 'fixed-individual clock' for each ABAWD subject to time limits. This means the ABAWD clock starts at the initial application for SNAP benefits when the person is not meeting ABAWD work requirements per (a) of this Section. When the person meets ABAWD work requirements at initial application, the clock starts the month the person uses the first countable month per (b)(1) of this Section.

(4)Worker responsibilities. It is the worker's responsibility to:

(A) determine the ABAWD status of each household member:

(i) at application, mid-certification renewal, and certification renewal;

(ii) when a new person joins the household during the certification period; and

(iii) when reported information indicates a household member lost an exemption or no longer meets the work requirement;

(B) orally explain the ABAWD rights and responsibilities of each household member during the SNAP application and certification renewal interview, when a new person joins the household during the certification period, and when a household member loses an exemption. The system also generates a written notice to the household. The explanation includes:

(i) ABAWD work requirements, the household members subject to these requirements, and the ways to fulfill these requirements;

(ii) exemption and good cause criteria and how to claim an exemption or good cause;

(iii) the ABAWD's limited benefit eligibility when he or she does not fulfill work requirements;

(iv) how to maintain eligibility under the ABAWD work requirements, including what the household needs to provide at certification and renewal and what happens when an household member loses an exemption or a person joins the household; and

(v) how to regain eligibility, per (e) of this Section; and

(C) update the ABAWD status of an adult household member any time he or she loses an exemption or no longer meets the work requirements. The worker must 'look-back' to determine when the ABAWD lost the exemption or stopped meeting the work requirement. The worker closes food benefits for the person when he or she already used his or her countable months for the 36-month period or corrects the ABAWD status to start the ABAWD's clock per (3) of this subsection.

(5)ABAWD responsibilities. It is the ABAWD's responsibility to:

(A) verify his or her work or participation hours, a combination of work and participation hours, or exemption status at application, mid-certification renewal, and certification renewal per 7 C.F.R. § 273.2(f)(1) and (f)(8); and

(B) report when his or her work or participation hours or a combination of work and participation hours drop below 20 hours per week or 80 hours per month within 10-calendar days of the month the hours dropped.

(i) When the ABAWD reports his or her work or participation hours or a combination of work and participation hours dropped below 20 hours per week, the worker determines if the ABAWD is eligible for three countable months. When the ABAWD is:

(I) eligible for three countable months, the worker tracks the months to determine when to close benefits for the ABAWD if he or she does not regain eligibility per (e) of this Section; or

(II) not eligible because he or she received three countable months within the three-year period, the worker closes food benefits for the ABAWD.

(ii) When an ABAWD subject to time limits received SNAP food benefits in error within the most recent three-year period, the benefits are considered as countable months unless the ABAWD pays the benefits back in full per 7 C.F.R. § 273.24(b)(5).

(c)Good cause for failure to meet the ABAWD work requirement. When an ABAWD would have fulfilled the work requirement, per (a) of this Section, but missed some hours for good cause, the ABAWD meets the work requirement if the absence is temporary. Per 7 C.F.R. § 273.24(b)(2), good cause includes circumstances beyond the person's control, such as, but not limited to:

(1) illness;

(2) illness of another household member requiring the presence of the ABAWD;

(3) unavailability of transportation; or

(4) a household emergency.

(d)Exemptions from the ABAWD work requirement. Per 7 C.F.R. § 273.24(c), a person is exempt from ABAWD work requirement and eligible to participate without time limits, when the person is:

(1) younger than 18 years of age or:

(A) 50 years of age and older before September 1, 2023;

(B) 51 years of age and older from September 1, 2023, through September 30, 2023;

(C) 53 years of age or older on or after October 1, 2023; or

(D) 55 years of age or older on or after October 1, 2024.

(2) medically-certified as physically or mentally unfit for employment. A person is medically-certified as physically or mentally unfit for employment when he or she:

(A) receives permanent or temporary disability benefits issued by governmental or private sources;

(B) is obviously mentally or physically unfit for employment. When it is not obvious that he or she is unfit, the person must provide documented evidence from medically-qualified sources to substantiate the medical exemption.

(i) Medically-qualified sources may include, but are not limited to, a:

(I) licensed or certified psychologist, therapist, counselor, or social worker;

(II) physician or physician's assistant;

(III) nurse or nurse practitioner; or

(IV) designated representatives of a physician's office.

(ii) The documented evidence must indicate the person has a physical or mental condition that limits the person's ability to work.

(iii) When the medical exemption is temporary, the person is required to comply with work requirements when released by a medically qualified source to return to work;

(3) homeless, per 7 C.F.R. § 271.2 and Oklahoma Administrative Code (OAC) 340:50-5-29(b);

(4) pregnant;

(5) a veteran, per Section 5126(f)(13)(F) of the James M. Inhofe National Authorization Act of 2023, P.L. 117263. This definition includes a person who:

(A) served in the United States Armed Forces, such as Army, Air Force, Coast Guard, Marine Corps, National Guard, and Navy;

(B) served in an active duty or reserve component; and

(C) was discharged or released regardless of the conditions of the discharge or release. The discharge may be honorable, general, other than honorable, bad conduct, dishonorable, office, medical, or entry level separation; and

(6) a parent, natural, adoptive, or step, of a household member younger than 18 years of age, even when the minor child is not eligible for food benefits;

(7) an adult residing in a household with a household member younger than 18 years of age and included in the food benefit household, even when the minor child is not eligible for food benefits;

(8) a person 24 years of age or younger who was in foster care program run by a state, district, territory, or Indian tribal organization when the person turned 18, or a higher age the state has chosen, per 42 U.S.C. § 675(8)(B) (iii); or

(9) otherwise exempt from work requirements per 7 C.F.R. § 273.7(b) and OAC 340:50-5-86.

(e)Persons who regain eligibility. Persons whose food benefits were denied or closed because they received three countable months of food benefits may regain eligibility by meeting work requirements per (a) of this Section for 30-consecutive days.

(1)Regained eligibility by meeting work requirements. When a person regains eligibility, he or she maintains food benefit eligibility without time limits provided he or she continues to meet work requirements per (a) of this Section. Per 7 C.F.R. § 273.24(d)(3), there is no limit to how many times a person may regain eligibility by meeting work requirements. The person's food benefits are prorated from the application date. When the person applies before meeting work requirements for 30-consecutive days, the application is denied.

(2)Regained eligibility and then stopped meeting work requirements. When a person regains eligibility and then stops meeting work requirements, he or she is eligible for SNAP food benefits for three-consecutive countable months only. The person may only receive the additional three-countable months once during the 36-month period. After receiving these three-consecutive months, the person is not eligible for SNAP food benefits in his or her 36-month time period unless he or she regains eligibility by meeting the work rule or becomes exempt per (d) of this Section.

(f)ABAWD work requirement waiver prohibition. Per 7 C.F.R. § 273.24(f), states are allowed to request an ABAWD work requirement waiver in certain instances. Effective October 1, 2013, Section 241.3 of Title 56 of the Oklahoma Statutes prohibits OKDHS from requesting an ABAWD work requirement waiver from the United States Department of Agriculture.

Okla. Admin. Code § 340:50-5-100

Adopted by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/17/2018

Amended by Oklahoma Register, Volume 39, Issue 04, November 1, 2021, eff. 7/19/2021

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/15/2022

Amended by Oklahoma Register, Volume 41, Issue 5, November 15, 2023, eff. 10/2/2023, exp. 9/14/2024 (Emergency)

Amended by Oklahoma Register, Volume 41, Issue 23, August 15, 2024, eff. 9/14/2024