3310 DEFINITION OF ABLE-BODIED ADULT WITHOUT DEPENDENTS (ABAWD)

Effective December 1996, a physically and mentally fit individual who is between the ages of 18 and 49, inclusively, who is not exempt from work registration, is not pregnant, or is not receiving food stamp benefits for a dependent child(ren) under age 18 may only receive food stamp benefits for 3 months in a 36 month period unless they are working at a place of employment at least an average of 80 hours a month, or completing the required number of workfare (CWEP) hours at an approved site. Employment is defined as private or public employment, self-employment, Workforce Investment Act (WIA), Trade Adjustment Assistance (TAA), or in-kind. If an individual reports he/she is already volunteering at a community organization, Job Service should be contacted to explore the potential of setting up the site as a workfare site. If the site refuses workfare, contact FS State Office for guidance.

IIndividuals may receive up to 3 additional months of Food Stamp benefits if they found work [job, self-employment, WIA, TAA, in-kind] of at least 80 hours in a 30 day period, and then lost that employment through no fault of their own, or if they participated at a workfare site for their required number of hours in a 30 day period and lost the workfare job through no fault of their own. The 3 month extension is only granted once in a 36 month period. Once the extension has been granted, it will continue even if the individual otherwise becomes ineligible to participate.

If the household receives prorated benefits, the month does not count in the initial or extended 3 month period. If the household received suspended benefits, or zero benefits, the month does not count in the initial or extended 3 month period.

The three month time limit is specific to each individual. If an individual has received three months of benefits, and does not meet the exemption criteria listed in 3320 or 3321, the individual is considered an excluded household member (Section 2231 D) - just like ineligible aliens. If the excluded individual has received his or her time limits and is not meeting any exemptions, the individual is not eligible for benefits however the remaining household members may be. The ineligible ABAWD's resources are counted in their entirety. Income and allowable expenses attributable to the ABAWD are prorated with all household members. More specific information about budgeting procedures for the excluded ABAWD's resources, income, and allowable expenses is outlined in Section 5000.

 

 


South Dakota Food Stamp Certification Manual Revised October 2002