218 R.I. Code R. 218-RICR-20-00-1.11

Current through November 7, 2024

Section 218-RICR-20-00-1.11 - Work Requirements

A. The Food and Nutrition Act of 2008 (as amended through Pub. Law 116-94), requires certain unemployed adults who are members of eligible households to register for work, and to comply with all the employment and training requirements.

1. In Rhode Island, for Federal Fiscal Year (FFY) 2011 forward, until policy is amended otherwise, participation in an employment and training program is voluntary.

2. At the time of application, and once every twelve (12) months after initial registration, each household member who is not exempt and subject to the work requirement, must register for employment and be advised of their employment and training opportunities as a condition of eligibility.

a. The registration form need not be completed by the member required to register; it can be completed by a responsible household member or an authorized representative.

b. Household members are considered registered for work when the completed registration form is received or recorded by the DHS.

3. Strikers whose households are eligible under the criteria in § 1.2.10 of this Part are subject to the work registration requirements unless exempt under § 1.11.1 of this Part at the time of application.

1.11.1Exemptions from Work Registration

A. The following persons are exempt from the work registration requirement:

1. Persons under sixteen (16) or sixty (60) years of age or older

a. If a child has their sixteenth (16th) birthday within the certification period, the child must fulfill the work registration requirement as part of the next scheduled recertification process unless otherwise exempt.

b. Also exempt is a person age sixteen (16) or seventeen (17) who is not a head of household or who is attending school or is enrolled in an employment training program on at least a half-time basis.

2. Persons with Disabling Conditions

a. Persons with disabling conditions incapable of gainful employment either permanently or temporarily. Persons claiming a temporary incapacity must be required to register once they become physically and mentally able to work.

b. Eligibility for and receipt of benefits from SSI is evidence of unemployability.

(1) In the case of an SSI household containing an "essential person," the individual situation must be examined to determine whether that essential person must register.

c. Receipt of disability payments under the Social Security Program (Retirement, Survivors and Disability Insurance (RSDI)) is considered proof of disability for purposes of this exemption.

d. Other individuals claiming an exemption for a physical or mental disability should furnish other verification which can substantiate such claim.

(1) Appropriate verification may consist of receipt of temporary or permanent disability benefits issued by governmental or private sources, or a statement from a physician or licensed or certified psychologist. If the individual cannot afford to pay a physician, the agency representative should provide the address of the appropriate Rhode Island Health Center.

e. Receipt of Workers' Compensation may also indicate temporary disability.

3. Persons Who Are Participants in the RI Works Program

a. A household member subject to and complying with any work registration requirement under Part A of Title IV of the Social Security Act, 42 U.S.C. Chapter 7, including the RI Works Employment Plan, is exempt from the SNAP work requirement.

b. A household member who is required to register for work under a Title IV-A program and who fails to comply with a registration requirement which is not comparable with the SNAP work registration requirement must not be denied SNAP benefits solely for this failure. The member loses their special exemption and must register for work with the Supplemental Nutrition Assistance Program if not otherwise exempt.

4. Persons Who Are Caretakers

a. A parent or other household member who is responsible for the care of a dependent child under six (6) or an incapacitated person.

(1) If the child has their sixth (6th) birthday within a certification period, the individual responsible for the care of the child must fulfill the work registration requirement as part of the next scheduled recertification process, unless that individual qualifies for another exemption.

(2) If a parent and another member of the household both claim to be responsible for the care of the same dependent child or incapacitated adult, the actual responsibility should be determined by discussion with the applicant.

5. Recipients of Unemployment Insurance (UI)

a. A person who has applied for, but has not yet begun to receive UI is also exempt, but only if that person was required to register for work with the Department of Labor and Training (DLT) as part of the UI application process. If the exemption claimed is questionable, the agency representative is responsible to verify the exemption with the Department of Labor and Training.

b. If a person's UI expires or is suspended, they must register for work unless otherwise exempt.

c. A household member who is required to register for work under the UI program and who fails to comply with a work registration requirement which is not comparable with the SNAP work registration requirement must not be denied SNAP benefits solely for this failure.

(1) Such member loses their special exemption and must register for work with the Supplemental Nutrition Assistance Program if not otherwise exempt.

6. Persons with Drug and Alcohol Dependency

a. A regular participant in a drug addiction or alcoholic treatment and rehabilitation program, either on a resident or nonresident basis.

(1) Regular participation in the program may be verified through the organization or institution operating the program.

7. Employed Persons

a. A person who is employed and working a minimum of thirty (30) hours weekly or receiving weekly earnings at least equal to the Federal minimum wage multiplied by thirty (30) hours is exempt.

(1) This includes migrant and seasonal farmworkers who are under contract or similar agreement with an employer or crew chief to begin employment within thirty (30) days (although this does not prevent individuals from seeking additional services from the Department of Employment Security).

b. If a person claims to be exempt by reason of employment of at least thirty (30) hours per week, verification of the amount of income received from such employment, as is elsewhere required for certification, is sufficient to establish the exemption, provided the amount of income appears to be consistent with employment for thirty (30) hours a week under the general conditions prevailing in the community.

(1) However, if the individual does not meet this test, but still claims to be employed, then, in cooperation with the agency representative, the applicant is requested to supply documentary evidence of the existence of an employee-employer relationship and that the number of hours worked is equivalent to thirty (30) hours a week.

c. Persons engaged in hobbies or volunteer work or any other activity which cannot (because of the minimal amount of monies received from such activity) be considered as gainful employment, must not be considered exempt from work registration regardless of the amount of time spent in such activity.

8. Self-employed Persons

a. Persons who are self-employed and working a minimum of thirty (30) hours weekly or receiving weekly earnings equal to or greater than the Federal minimum wage, multiplied by thirty (30) hours.

b. If a person claims to be exempt by reason of self-employment, verification of the amount of income received from self-employment is sufficient to establish the exemption, provided the amount of income appears to be consistent with a conclusion of full-time thirty (30) hours a week employment.

(1) If the income is not sufficient, but the person still claims to be self-employed, such person must cooperate with the agency representative in establishing that the income received from the self-employment enterprise is at least sufficient to be considered gainful employment and that the volume of work claimed justifies a determination that the self-employment enterprise is a full-time job for the purposes of this exemption.

9. Persons Who Are Students

a. A student is defined as an individual attending at least half-time in any recognized school, employment and training program or institution of higher education.

b. A student remains 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).

c. A person who is not enrolled at least half-time or who experiences a break in enrollment status due to graduation, expulsion, or suspension, or who drops out or otherwise does not intend to return to school, must not be considered a student for the purpose of qualifying for this exemption.

d. Persons enrolled in correspondence courses where physical attendance is not regularly required are not exempt.

e. Students under eighteen (18) years of age are granted an exemption for any income earned through employment or self- employment, except those no longer under the parental control of another household member.

f. The income and resources of a student is treated in accordance with § 1.2.4 of this Part.

10. Joint Applicants for SSI and SNAP

a. Household members who are applying for SSI and SNAP benefits under SSI/SNAP joint application processing have the requirement for work registration waived until:

(1) They are determined eligible for SSI and thereby become exempt from work registration; or,

(2) They are determined ineligible for SSI and, where applicable, a determination of their work registration status is then made through recertification procedures, in accordance with § 1.7 of this Part.

B. Determining Exemptions to Work Registration

1. The agency representative determines which household members meet the exemption to the registration requirements at the time of initial certification, recertification, change in employment status, or the required twelve (12) month registration period.

2. In general, work registration exemptions must be verified prior to certification only if inconsistent with other information on the application, previous applications, or other documented evidence known to the agency.

C. Loss of Exemption Status

1. Persons losing exemption status due to any changes in circumstances which are subject to the reporting requirements described in § 1.13.1 of this Part (such as loss of employment that also results in a loss in earned income of more than one hundred twenty-five dollars ($125.00) a month, or departure from the household of the sole dependent child for whom an otherwise non-exempt household member was caring) must register for employment when the change is reported.

a. If the change is reported in person by the household member required to register, the person should complete the work registration form at the time the change is reported, unless this is not possible, in which case the household member must return the form to the agency representative within ten (10) calendar days.

b. If the change is reported in person by a household member other than the member required to register, the person reporting the change may complete the form at the time the change is being reported or deliver the form to the member required to register.

c. If the change is reported by phone, online or through the mail, the agency representative is responsible for providing the participant with a work registration form.

d. Participants are responsible for returning the form to the agency representative within ten (10) calendar days from either the date the form was handed to the household member reporting the change in person, or the date the agency representative mailed the form.

e. If the participant fails to return this form, a notice of adverse action must be issued stating that the participant or, if the individual is the head of household, the household is being terminated and the reason, but that the household can avoid termination by returning the form.

2. Those persons who lose their exemption due to a change in circumstances that is not subject to the reporting requirements of § 1.13.1 of this Part must register for employment at their households' next recertification.

1.11.2Work Registrant Requirements

A. All work registrants must:

1. Complete a work registration form;

2. Respond to a request from the SNAP representative for supplemental information regarding employment status or availability for work;

3. Report to an employer when referred by the SNAP E&T Program if the potential employment meets the suitability requirements in § 1.11.6 of this Part;

4. When involved in a SNAP employment training activity, accept a bona fide offer of suitable employment at a wage not less than the higher of either the applicable State or Federal minimum wage;

5. Participate and comply with case management services while enrolled in the E&T program unless good cause is established; and

6. Not voluntarily quit a job without good cause (see § 1.11.8 of this Part).

1.11.3Employment and Training Activities

A. Persons required to register for work and those exempt from work registration may voluntarily participate in an E&T program that must consist of virtual or in person case management services and at least one (1) of the E&T activities contained within this Section. Except in those circumstances identified in § 1.11.5 of this Part, such volunteers are not subject to disqualification for failure to meet participation requirements.

1. Case management services shall provide activities and resources for E&T participants based on their needs and interests in order to strengthen and support the participant's ability to gain and retain employment. The time spent in case management services may count towards the E&T work registrant requirement but is limited to only allowable E&T activities listed in this Section. Case management services may include, but are not limited to:

a. Comprehensive intake employability assessments;

b. Individualized service plans;

c. Progress monitoring; or

d.Coordination with service providers.

2. The following are components that comprise the employment and training activities in which SNAP recipients may participate. These activities are not all-inclusive and may vary based on the SNAP E&T State Plan and E&T contract:

a. Supervised Job Search

(1) Supervised Job Search and job search training are services provided remotely or in-person at least monthly under direct supervision consisting of:

(AA) Training in networking as a job search technique;

(BB) Instruction in completing job applications and writing resumes;

(CC) Developing job interview skills; and

(DD) Advice on presentation for interviews.

(2) Participants are expected to contact employers in accordance with E&T contractor guidance to enable monitoring of their progress and identification of employment barriers.

b. Vocational Skills Training

(1) Opportunities for vocational skills training are made available to E&T participants who have some work experience but do not possess occupationally-oriented skills. E&T participants could receive on-the-job training (OJT) with private employers or classroom training. Services are designed to enable participants to re-enter the labor market.

c. Work Experience

(1) Provides opportunities to improve the employability of participants through actual work experience, training or both, and enables the transition into regular employment.

(AA) Assignments take place in a workplace for a limited time period, may be paid or unpaid, as appropriate, and must abide by labor standards as defined by the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201, et seq.

(2) Work experience may include:

(AA) Work activity performed in exchange for SNAP benefits that provides participants who cannot find unsubsidized, full-time employment with an opportunity to acquire the general skills, knowledge and work practices necessary to obtain employment; or

(BB) Work-based learning comprised of structured work activities that combine, in some form, education and/or training by industry or community professionals in real world or simulated settings. These activities can include both subsidized and unsubsidized employment models such as:

(i) Internships;

(ii) Pre-apprenticeships/apprenticeships;

(iii) On-the-job training (OJT) or customized trainings; and

(iv) Transitional jobs.

d. Job Retention

(1) The State may offer job retention services (see § 1.11.4 of this Part) to E&T participants who have secured employment for a minimum of thirty (30) days, to help participants achieve satisfactory performance, retain employment, and increase earnings over time.

(AA) Only individuals who have received other employment and/or training services under the E&T program are eligible for job retention services.

(2) Individual circumstances may determine that job retention services begin at various times, however the E&T participant must have been receiving SNAP in the month of or the month prior to beginning job retention services.

(3) The Department will provide at least thirty (30) days, but no more than ninety (90) days of job retention services.

(4) There is no limit to the number of times an individual may receive job retention services as long as the individual re-engages in SNAP E&T services prior to obtaining new employment.

(5) An otherwise eligible individual who refuses or fails to accept or comply with job retention services offered by the State agency may not be disqualified as specified in § 1.11.3(A) of this Part.

e. Remedial and Basic Education Component

(1) E&T participants may be referred to educational activities in order to improve their basic reading and math skills, and subsequently, increase work readiness to improve their employment prospects. These activities are Work Readiness Training, Literacy Training, Basic and Remedial Education, Graduate Equivalency Diploma (GED) Training and English as a Second (2nd) Language (ESL).

(2) Assignment to these educational activities is based on assessments by the SNAP E&T contractor and the service providers. All educational activities to which work registrants are referred will meet the minimum requirement of twelve (12) hours per month for two (2) months.

B. E&T participants who are not a good fit for a program component, as determined by the E&T provider, shall be redirected to another, more appropriate activity.

1.11.4Support Services

A. The following support services are available to individuals participating in the SNAP E&T program:

1. Transportation Allowance

a. Upon written documentation from the service provider, the SNAP E&T contractor may authorize an expense payment of two hundred dollars ($200.00) per month during the period the participant is involved in a component activity.

2. Dependent Care Reimbursement

a. Reimbursement for dependent care expenses is allowable up to two hundred seventy-five dollars ($275.00) per month per dependent expenses that are incurred while a participant is fulfilling an E&T obligation.

(1) Reimbursement is limited to dependent care expenses for children under age thirteen (13) and incapacitated persons.

(2) No reimbursement is made for payment to dependent care providers who reside in the same household as the dependent child or incapacitated person.

b. The SNAP E&T contractor is responsible for oversight, documentation and invoicing.

3. Work-Readiness Fee

a. Allowances for work-related expenses are approved, managed and invoiced by the SNAP E&T contractor. The fee is authorized by the SNAP E&T contractor for a participant who is actively engaged in an approved E&T component.

b. In the non-vocational education component, course registration fees and such materials as may be needed to complete the course may qualify.

c. In the vocational training component, program registration fees, miscellaneous equipment (e.g., stethoscopes, special shoes, and uniforms) required by a program under the vocational component may also qualify for the use of this fee.

d. This fee is excluded as income for SNAP purposes.

1.11.5Failure to Comply with a Work Requirement

A. Certain work requirements still apply to mandatory work registrants even under a voluntary E&T program.

1. If an individual who is required to register refuses or fails without good cause to comply with the requirements imposed by § 1.11.2 of this Part, that individual is ineligible to participate in the Supplemental Nutrition Assistance Program and is treated as an ineligible household member (See § 1.5.6 of this Part).

B. Disqualification Periods

1. Disqualification related to §§ 1.11.5(A)(1) and 1.11.8 of this Part will be imposed as follows:

a. For the first (1st) occurrence of noncompliance, the individual will be disqualified until the later of:

(1) The date the individual complies; or

(2) One (1) month.

b. For the second (2nd) occurrence, the individual will be disqualified until the later of:

(1) The date the individual complies; or

(2) Three (3) months.

c. For the third (3rd) occurrence, the individual will be disqualified until the later of:

(1) The date the individual complies; or

(2) Six (6) months.

2. When a noncompliant member joins another household, the individual is to be ineligible for the relevant period and must be considered an ineligible household member as provided in § 1.2.5 of this Part.

C. Determining Good Cause for Failure to Comply with Work Requirements

1. The agency is responsible for determining good cause in those instances when a work registrant has failed to comply with the requirements set forth in this Subchapter. The registrant is responsible for submitting evidence in support of any claim of good cause.

2. The agency representative must consider the facts and circumstances, including information submitted by the household member involved, the employer, or the E&T contractor.

3. Good cause includes circumstances beyond the member's control, such as, but not limited to:

a. Illness or incapacity;

b. Illness of another household member sufficiently serious to require the presence of the registrant;

c. Unanticipated household emergency;

d. Court-required appearance;

e. Incarceration;

f. Breakdown in transportation arrangements with no readily accessible means of transportation;

g. Inclement weather which prevented the registrant and other persons similarly situated from traveling to, or accepting a bona fide offer of employment;

h. Problems caused by the inability of the registrant to speak, read or write English;

i. Lack of adequate childcare for children who have reached age six (6) but are under age twelve (12); or

j. Unavailability of a suitable E&T component or opening in an E&T program. In this circumstance, good cause shall only extend until the DHS identifies an appropriate and available E&T opening and informs the individual of this opening.

D. Notice of Adverse Action and Fair Hearing

1. Within five (5) days of noncompliance with the work requirements as listed in § 1.11.2 of this Part, the agency must issue a Notice of Adverse Action (NOAA).

a. The work registrant has ten (10) days to respond and offer evidence of good cause.

b. The Notice of Adverse Action must state the particular act of noncompliance committed, the proposed period of disqualification and must specify that the individual or household may reapply at the end of the disqualification period.

c. Information is also included describing the action which can be taken to end or avoid the sanction.

2. The disqualification period begins with the first (1st) month following the expiration of the adverse notice period, unless a fair hearing is requested.

3. Each individual or household has a right to a fair hearing to appeal a denial, reduction, or termination of benefits due to a determination of non-exempt status, or determination of failure to comply with the work registration or employment and training requirements of this Section.

a. Individuals or households may appeal agency actions such as exemption status, the type of requirement imposed, or agency refusal to make a finding of good cause if the individual or household believes that a finding of failure to comply has resulted from improper decisions on these matters.

b. A household must be allowed to examine its employment component case file at a reasonable time before the date of the hearing, except for confidential information (which may include test results) that the agency determines should be protected from release.

c. Information not released to a household may not be used by either party at the hearing. The results of the hearing are binding on the agency.

1.11.6Suitable Work

A. Any employment is considered suitable if:

1. The wage offered is at least the highest of:

a. The applicable Federal minimum wage;

b. The applicable State minimum wage; or,

c. Eighty percent (80%) of the Federal minimum wage, if neither the State nor Federal minimum wage is applicable.

2. The employment offered is on a piece-rate basis, and the average hourly yield the employee can reasonably expect to earn at least equals the applicable hourly wages specified above.

3. The registrant, in order to be hired or to continue working, is not required to join, resign from, or refrain from joining any legitimate labor organization.

4. The work offered is not at a site subject to a strike or lockout at the time of the offer unless the strike has been enjoined under § 208 of the Labor Management Relations Act (Taft-Hartley), or unless an injunction has been issued under the Railway Labor Act, 45 U.S.C. § 151et seq.

5. Employment is considered suitable unless the registrant demonstrates, or the agency representative determines, that:

a. The risk to health and safety is unreasonable.

b. The member is physically or mentally unable to perform the essential functions of the job, as documented by medical evidence or by reliable information from other sources.

c. The employment offered within the first thirty (30) days of registration is not in the registrant's major field of experience.

d. The distance from the registrant's home to the place of employment is unreasonable based on the expected wage and the time and cost of commuting.

(1) Daily commuting time should not exceed two (2) hours per day, not including the transportation of a child to and from a child-care facility.

(2) Neither should employment be considered suitable if the distance to the place of employment prohibits walking, and both public and private transportation are unavailable to use in getting to the job site.

e. The working hours or nature of the employment interferes with the member's religious observances, convictions, or beliefs.

1.11.7Ending a Disqualification

A. Following the end of the disqualification period for failure to comply with work requirements such as refusal to register for work, participation may resume if the disqualified individual applies again and is determined to be in compliance with the work requirements.

1. Eligibility may also be reestablished within a disqualification period if the member becomes exempt from the work requirement, or the member complies as follows:

a. Refusal to register - completes the work registration form.

b. Refusal to respond to a request from an agency - Representative requiring supplemental information regarding employment status or availability for work - compliance with the request.

c. Refusal to report to a specific employer when referred by an agency representative - reporting to this employer if work is still available or to another employer to whom referred.

d. Refusal to accept a bona fide offer of suitable employment when referred by an agency representative - acceptance of this employment, if still available to the participant, of any other employment with earnings equivalent to the refused job, or any other employment of at least thirty (30) hours per week with weekly earnings equal to the Federal minimum wage multiplied by thirty (30) hours.

1.11.8Voluntary Quit Provision

A. No individual is eligible to participate in the SNAP as specified below when the individual voluntarily and without good cause quits a job of thirty (30) hours a week or more, or reduces their work effort within the sixty (60) days prior to the date of application or at any time thereafter.

1. The reduction of work effort provision applies if, before the reduction, the individual was employed thirty (30) hours or more per week and the reduction was voluntary and without good cause. If the individual reduces their work hours to less than thirty (30) hours/week but continues to earn weekly wages that exceed the Federal minimum wage multiplied by thirty (30) hours, the individual remains exempt from program work requirements and the reduction of work provision does not apply.

2. Persons who are exempt from the work registration provisions are exempt from the voluntary quit provision.

B. Determination of Voluntary Quit

1. When a household files an application for participation, or when a participating household reports the loss of a source of income, the agency representative must determine whether any household member voluntarily quit their job.

a. Benefits are not delayed beyond the normal processing times outlined in § 1.3 of this Part pending the outcome of this determination.

2. This provision applies only if:

a. The employment involved thirty (30) hours or more per week or provided weekly earnings at least equivalent to the Federal minimum wage multiplied by thirty (30) hours;

b. The quit occurred within sixty (60) days prior to the date of application or anytime thereafter; and,

c. The quit was without good cause.

3. If an individual quits a job, secures new employment at comparable wages or hours and is then laid off or, through no fault of their own loses the new job, the earlier quit does not form the basis of a disqualification.

4. An employee of the Federal government or of a State or local government who participates in a strike against such government and is dismissed from their job because of participation in the strike, must be considered to have voluntarily quit their job without good cause.

5. Applicant households

a. In the case of an applicant household, the agency representative must determine whether any currently unemployed (i.e., employed less than thirty (30) hours per week or receiving less than weekly earnings equivalent to the Federal minimum wage multiplied by thirty (30) hours) household member who is required to register for work has voluntarily quit their most recent job or reduced their work effort within the last sixty (60) days.

b. If the agency representative learns that a household has lost a source of income after the date of application but before the household is certified, the agency representative must determine whether a voluntary quit occurred.

c. If the voluntary quit was without good cause, the household's application for participation is denied and sanction imposed according to § 1.11.5(B) of this Part, starting from the date of the quit.

(1) The agency representative must provide the applicant household with a notice of denial in accordance with § 1.3.6 of this Part.

d. The notice must inform the household of the following:

(1) The period of disqualification;

(2) The right to reapply at the end of the disqualification period; and

(3) The right to a fair hearing.

6. Participating Households

a. In the case of a participating household, the agency representative must determine whether any household member voluntarily quit their job or reduced their work effort while participating in the program, or in the time between application and certification.

b. If the agency representative determines that a member of the household voluntarily quit their job while participating in the program or later discovers a quit occurred within sixty (60) days prior to application or between application and certification, they provide the household with a notice of adverse action as specified in § 1.14 of this Part, within ten (10) days after the determination of a voluntary quit is made. Such notification must contain:

(1) The particular act of noncompliance which was committed;

(2) The proposed period of disqualification;

(3) The actions which may be taken to end or to avoid the disqualification: and,

(4) Specification that the household may reapply at the end of the disqualification period.

c. Except as otherwise specified in this Section, the period of ineligibility is determined according to § 1.11.5(B) of this Part beginning with the first (1st) of the month after all normal procedures for taking adverse action have been followed.

7. Each household has a right to a fair hearing to appeal a reduction or termination of benefits due to a determination that the head of household voluntarily quit their job without good cause.

a. If the participating household requests a fair hearing and the agency's determination is upheld, the disqualification period begins with the first (1st) of the month after the hearing decision is rendered.

8. Persons who have been disqualified for quitting a job must carry their sanction with them if they join a new household.

C. Good Cause for Voluntary Quit

1. Good cause for leaving employment includes the good cause provisions specified in § 1.11.5 of this Part and resigning from a job that does not meet the suitability criteria specified in § 1.11.8 of this Part. Good cause for leaving employment must be substantive, not solely an allegation, and includes:

a. Discrimination by an employer based on age, race, sex, color, handicap, religious beliefs, national origin or political beliefs;

b. Work demands or conditions that render continued employment unreasonable, such as working without being paid on schedule;

c. Acceptance by the primary wage earner of employment, or enrollment of at least half-time in any recognized school, training program or institution of higher education that requires the primary wage earner to leave employment;

d. Acceptance by any other household member of employment or enrollment of at least half-time in any recognized school, training program or institution of higher education in another area which requires the household to move and thereby requires the primary wage earner to leave employment;

e. Resignations by persons under the age of sixty (60) which are recognized by the employer as retirement;

f. Employment which becomes unsuitable by not meeting the criteria as specified in § 1.11.8 of this Part, after the acceptance of such employment;

g. Acceptance of a bona fide offer of employment of more than thirty (30) hours a week or in which the weekly earnings are equivalent to the Federal minimum wage multiplied by thirty (30) hours which, because of circumstances beyond the control of the primary wage earner, subsequently either does not materialize or results in employment of less than thirty (30) hours a week or weekly earnings of less than the Federal minimum wage multiplied by thirty (30) hours; and

h. Leaving a job in connection with patterns of employment in which workers frequently move from one (1) employer to another, such as migrant farm labor or construction work. Even though work may not yet be available at the new job site, the quitting of the previous employment is considered as with good cause if it is part of the pattern of that type of employment.

2. Verification of Good Cause

a. Verification of questionable information provided by the household is obtained as specified in § 1.6.2 of this Part. The client is the primary source.

(1) If it is difficult or impossible for the household to obtain documentary evidence in a timely manner, the agency representative offers assistance to obtain the needed verification.

b. Acceptable sources of verification include, but are not limited to, the previous employer, employee associations, union representatives, and grievance committees or organizations.

c. Whenever documentary evidence cannot be obtained, the agency representative substitutes a collateral contact.

d. A household member is eligible when the requested verification is unattainable because the cause for the quit resulted from circumstances which, for good reason, cannot be verified, such as a resignation from employment due to discrimination practices, unreasonable demands by an employer, or because the employer cannot be located.

D. Ending a Voluntary Quit Disqualification

1. Following the end of the disqualification period, an individual may begin participation in the program if he or she reapplies and is determined eligible.

2. Eligibility may be reestablished during a disqualification period and the individual, if otherwise eligible, may be permitted to resume participation if the individual becomes exempt from the work requirements under § 1.11.1 of this Part.

E. Application in the final month of disqualification:

1. If an application for participation is filed in the final month of the mandatory disqualification period, the agency must use the same application for the denial of benefits in the remaining month of disqualification and certification for any subsequent month(s) if all other eligibility criteria are met.

1.11.9Able-Bodied Adults without Dependents (ABAWDs)

A. Definition

1. An Able-Bodied Adult without Dependents (ABAWD) is limited to three (3) months of SNAP eligibility in any three (3) year period while not fulfilling the ABAWD work requirement or otherwise exempt. The ABAWD work requirement applies to be people who are:

a. Age-Based - ABAWD age-based requirements will expire on October 1, 2030.

(1) eighteen (18) to fifty (50) beginning September 1, 2023;

(2) eighteen (18) to fifty-two (52) beginning October 1, 2023; and,

(3) eighteen (18) to fifty-four (54) beginning October 1, 2024.

b. Fit for employment;

c. Do not live in a SNAP household with a minor;

d. Not pregnant;

e. Not already exempt from the general work requirements in (See § 1.11.1 of this Part); and

f. Not residing in an exempt city/town.

2. A "countable month" is any month in which an ABAWD receives a full month of benefits while not fulfilling the ABAWD work requirement or otherwise exempt.

a. Countable months also include those months received in other States.

3. Rhode Island utilizes a "fixed statewide clock" to calculate the three (3) year period. The clock begins on a given date and runs continuously for three (3) years for all households.

B. Work Requirements

1. Unless exempt, an ABAWD is ineligible to participate in SNAP as a member of any household if the individual, in a thirty-six (36) month period, received SNAP benefits for three (3) months (consecutive or otherwise) during which they did not:

a. Work twenty (20) or more hours per week, averaged monthly;

b. Participate in and comply with the requirements of a work program for twenty (20) or more hours per week;

c. Participate in and comply with the requirements of an appropriate SNAP E&T (unpaid) Work Experience Program (if it is an available component under the RI SNAP E&T plan);

d. Receive benefits due to exemption from these work requirements; or,

e. Receive benefits due to regaining eligibility as discussed in § 1.11.9(H) of this Part.

C. A work program is defined as:

1. A program under the Workforce Innovation and Opportunity Act (WIOA) (Pub. Law 113-128);

2. A program under § 236 of the Trade Act of 1974 (Pub. Law 93-618) (known as the Trade Readjustment Act or "Trade Program");

3. The SNAP E&T Program other than a job search or job search training program. Such a program may contain supervised or unsupervised job search or job search training as a subsidiary component as long as such component is less than half the work requirement; and

4. SNAP E&T programs for veterans operated by the Department of Labor or the Department of Veteran's Affairs.

D. Working means:

1. Work in exchange for money;

2. Work in exchange for goods or services ("in-kind" work); or

3. Unpaid work/workfare program.

E. The resources and income of an ineligible ABAWD are handled in accordance with § 1.5.6 of this Part.

F. Exemptions from Time Limits:

1. An individual is exempt from the time limit set forth in § 1.11.9(C) of this Part if they are:

a. Age-Based - ABAWD age-based exemptions will expire on October 1, 2030.

(1) Under eighteen (18) or fifty-one (51) years of age or older beginning September 1, 2023. (A person is considered over age fifty-one (51) on their fifty-first (51st) birthday);

(2) Under eighteen (18) or fifty-three (53) years of age or older beginning October 1, 2023. (A person is considered over age fifty-three (53) on their fifty-third (53rd) birthday);

(3) Under eighteen (18) or fifty-five (55) years of age or older beginning October 1, 2024. (A person is considered over age fifty-five (55) on their fifty-fifth (55th birthday).

b. Medically certified as physically or mentally unable to work;

c. A parent (natural, adoptive, or step) of a household member under age eighteen (18), even if the household member who is under age eighteen (18) is not themself eligible for SNAP benefits;

d. Pregnant;

e. A member of a SNAP household in which one (1) of the members is under age eighteen (18), even if the household member who is under age eighteen (18) is not themself eligible for SNAP benefits;

f. Residing in certain areas with a high unemployment rate as determined by the agency with approval by the FNS;

g. Under new exemptions that end on October 1, 2030, as set forth in the Fiscal Responsibility Act of 2023 (FRA), and defined as:

(1) A homeless individual as defined in § 1.4.9 of this Part;

(2) A veteran as defined in Section 5126(f)(13)(F) of the James M. Inhofe National Defense Authorization Act of 2023, who served in the United States Armed Forces, including an individual who served in a reserve component of the Armed Forces, and who was discharged or released therefrom, regardless of the conditions of such discharge or release.

(3) An individual who is eighteen to twenty-four (18-24) years old and who was in foster care at the time they turned eighteen (18) years old or older.

h. Otherwise exempt pursuant to § 1.11.1 of this Part.

G. Provision for Regaining Eligibility

1. ABAWDs who have exhausted their countable months can regain eligibility one (1) time during the thirty-six (36) month period if during a consecutive thirty (30) day period, the individual:

a. Works eighty (80) or more hours;

b. Participates in and complies with the requirements of a work program as defined in § 1.11.3 of this Part for eighty (80) or more hours; or

c. Participates in and complies with the requirements of an appropriate SNAP Employment and Training (unpaid) Work Experience Program.

2. If an individual loses this employment or ceases to participate in a work or workfare program, participation can continue for up to three (3) consecutive months (beginning from the date the agency representative is notified that work has ended, after which the only cure during the thirty-six (36) month period will be to comply with the work requirement or become exempt.

a. An individual shall not receive benefits under this paragraph more than once in any three (3) year period.

3. An individual who is subject to the ABAWD requirements and is not exempt or eligible for an additional three (3) month period due to fulfilling the work requirement, is ineligible for SNAP benefits in the month of re-application.

4. A countable month is any month in which an ABAWD receives SNAP benefits for the full benefit month while not meeting or exempt from ABAWD work requirements. Any month in which an ABAWD does not receive a full month of benefits cannot be considered a countable month.

218 R.I. Code R. 218-RICR-20-00-1.11

Amended effective 4/4/2019
Amended effective 12/24/2019
Amended effective 8/1/2021
Amended effective 9/23/2021
Amended Effective 12/4/2021
Amended effective 11/10/2022
Amended effective 1/1/2023
Amended effective 5/14/2023
Amended effective 10/1/2023
Amended effective 12/15/2023
Amended effective 9/22/2024
Amended effective 10/1/2024
Amended effective 10/24/2024