A Day In The ABAWD Garden

BPRO Conference—Spring 2015Norfolk, Virginia

A Day In The ABAWD Garden

The Work Requirement

ABAWD Refresher Training

April 2015

The work requirement mandates that all persons who are able to work must be working or actively engaged in a work activity in order to receive SNAP.

Work Requirement is commonly referred to as:

ABAWDs – Able Bodied Adults Without Dependents

ABAWDs was reactivated October 2013!

Unless an exemption to the work requirement exists, individuals may receive SNAP for only three months during a thirty-six month period.

These months are known as Y1 months.

After Y1 months have been exhausted an individual can receive a second “set" of benefits for up to three monthsBUT ONLY if eligibility has been regained.

The regained months are Y2 months.

In order to receive benefits beyond three months, a non-exempt person that is subject to the work requirement must: Work for cash wages in any amount or for in-kind goods or

services for 20 hours or more per week, averaged monthly Participate in and comply with requirements of an

employment services program operated by the Department of Social Services, other than job search, for 20 hours or more per week or for the number of hours assigned for the work experience component as calculated by the household’s allotment divided by the federal minimum wage

Participate in and comply with non-departmental (DSS) work programs for 20 hours or more per week

Serve in an unpaid, volunteer capacity for a public or private agency, at a minimum, for the number of hours that is equal to the household’s allotment divided by the federal minimum wage

•Any combination of the above

Who Is Exempt? Any person who is:

-under age 18 -50 and over

Any person who is medically certified as mentally or physically unable to work

Any adult member of a SNAP household that has a child under age 18 included

A pregnant woman

Who Is ExemptAny resident of an exempt locality:

Brunswick LunenburgCarroll MecklenburgCharlotte PageDanville PatrickDickenson PetersburgFranklin City Prince EdwardGalax SmythGrayson SurryGreensville/Emporia SussexHalifax WilliamsburgHenry/Martinsville

Any person who is otherwise exempt from work registration (SNAP-ET) as outlined in Part 8.A.1

All other individuals must participate!

ExampleA SNAP household consists of the following members: John - age 28, Marsha – age 17, Billie – age 32, Gina – age 28, Nina – age 21, Holly – age 44 and Ruth – age 39. Because someone under the age of 18 is present in the SNAP household, all can be exempt from the work requirement.

Remember, an exemption from the work requirement does not equal an exemption from SNAPET!

Certification Periods:Three or four month certification periods are given for ABAWD cases.

As of September 30, 2014 we are no longer using E9’s as filler months for a six month certification period.

The ABAWD Clock

The ClockThe work requirement clock is a 36-month fixed period. It begins the first month a case is certified in Virginia for any household member in the age range.

Since the period is fixed, the clock stays in place and must be updated (if the person reapplies) even when no benefits are received.

ALL individuals in the age range MUST have a clock!

Reminder: Even if the person is exempt or meeting

the provisions of the work requirement, if they are in the age range they MUST have a clock.

ABAWDS CODE TABLE

* Y1 ABAWDS PROVISION APPLIED - NOT EXEMPT 1ST 3 MOS* YX ALREADY RECEIVED 1ST 3 MONTHS OF BENEFITS* Y2 ABAWDS PROVISION APPLIES - NOT EXEMPT 2ND 3 MOS* YZ ALREADY RECEIVED 2ND 3 MONTHS OF BENEFITS* E1 EXEMPT - WORKING AT LEAST 20 HRS/WK* E2 EXEMPT - ACTIVE IN AN APPROVED WORK PROGRAM* E3 EXEMPT - A DEPENDENT CHILD UNDER 18 IS IN THE SNAP HH* E4 EXEMPT - PREGNANT* E5 EXEMPT - MEDICALLY CERTIFIED AS UNABLE TO WORK* E6 EXEMPT - EXEMPT FROM WORK REGISTRATION* E7 EXEMPT - LOCALITY WAIVED FROM REQUIREMENT* E8 EXEMPT - UNDER AGE 18 OR OVER 49* E9 No longer used SPECIAL EXEMPTION TO ALLOW CERTIFICATION UP TO 6 MONTHS* NB NO BENEFITS REC-D (TRACKING ONLY - INVALID STATUS CODE)* PM PRORATED MONTH (PRORATED MONTH AND IS NOT COUNTED AS ONE OF THE Y1 OR Y2 THREE MONTH TIME LIMIT) * IM Being Disabled BENEFITS REC'D IN ERROR-EXCEEDS MAX Y1 OR Y2 MONTHS (TRACKING ONLY - INVALID ABAWDS STATUS CODE) *LE LOST EXEMPTION. REQUIRED TO REPORT--EVALUATE FOR POSSIBLE

OVERISSUANCE

Example

John and Mary Jones receive SNAP. Both are recipients of SSI. John is 33 and Mary is 42.

The receipt of SSI makes each of them exempt from the work requirement.

However, each of them must have a clock until they reach age 50.

Because the clock does not start until the case is actually certified, it should NEVER begin with the code NB.

NB is the code used on the clock when No Benefits are received.

Example

John Johnson applies for SNAP on October 17, 2014. He is subject to the work requirement and does not have a clock. His application is denied. Mr. Johnson reapplies on November 20, 2014. His application is approved. Mr. Johnson’s clock will start November 2014 and end October 2017. The clock does not begin in October because that application was not approved so no clock is necessary until the application is approved.

PM

PM (partial month/prorated month) is used in conjunction with Y months only.

PM ExampleSilver Bells, who is subject to the work requirement, applies for benefits on October 10, 2014. She is working 20 hours per week. Her case is approved and certified for twelve months: October 10, 2014 – September 30, 2015. The clock will begin October 2014 – September 2017. October will be coded as an E1 (PM is not used because the client meets an exemption).

PM ExampleRed Bird, who is subject to the work requirement, applies for benefits on October 10, 2014. He is not working 20 hours per week. His application is approved and he is certified for four months, October 10, 2014 – January 31, 2015. The clock will begin October 2015 – September 2018. October will be coded as a PM because he will receive less than a full month’s benefits as they are prorated from October 10th to the end of that month.

Y1’s

Y1’s are the first set of months received for time limited benefits

There can never be more than three Y1 months used during a fixed 36-month period

Y1 months do not have to be used all at the same time or run in chronological order

Only the receipt of a full month’s worth of benefits will count toward a Y1 month

Y1 Example

Suzi Que applies for benefits on October 17, 2014. She has never received SNAP before and is subject to the work requirement. Suzi is certified for four months (PM and three Y1 months), October 17,2014 – January, 2015.

On November 2, 2014, she calls to request that her case be closed because she has obtained employment.

Suzi Que’s Y1 Example Continued

Suzi Que’s clock will begin October 2014 and end September 2017.

Her clock will read, October = PM November = Y1

Suzi’s case closes November 30, 2014 per her request. If Suzi reapplies during the 36 month period, she will still have 2 Y1 months available.

Y1 Example Nick Newman applied for SNAP on November 3, 2014. He is working 20 hours per week. His case is certified for 12 months, November 3, 2014 – October 2015. Nick is coded as an E1.

On December 2, Mr. Newman calls to report that he is no longer working. He does not meet an exemption so Nick must now use his Y1 months.

Nick’s Y1 Example Continued

Nick’s clock will be: November = E1 December = E1 January = Y1 February = Y1 March = Y1

Nick will not be eligible after March if he does not meet an exemption. The advance notice must be used.

Change Reported Example Mother Franks receives SNAP. Her certification period is November 1, 2014 through October 31, 2015. Sonny Franks, who is subject to the work requirement, moves in with his mother on January 13, 2015. They will purchase and prepare together so Sonny will be added to his mom’s case. Sonny is eligible for Y1 months. Sonny will be eligible for benefits February, March and April, which will equal his three Y1 months. An alert would need to be set so that Sonny can be removed from the allotment at the end of the third month. The advance notice must be sent.

LE CodeThe LE (lost exemption) code is to be used when a client loses their exemption and failed to report it.

It is used retroactively to capture the change and evaluate for a possible over issuance.

LE Code ExampleMartha Smith receives SNAP and is working 20 or more hours per week when she reapplies in May 2014. Martha has already used her three Y1 months. She was coded as E1 and certified for one year, May 10, 2014 through April 30, 2015. Interim Report is submitted in October 2014 and Martha reports no changes.

LE Code Example - ContinuedAt renewal in April 2015 she reports she is no longer working and hasn’t been working since December 28, 2014 and received her last check on January 9, 2015. This was a change that Martha was required to report because she is no longer working 20 hours per week. Based on this change, Martha’s clock will read: May 2014 – January 2015 will be E1 months. February, March and April 2015 will be changed to LE because the change of no longer working 20 hours per week was required to be reported and she has no Y1 months left and now doesn’t meet any other exemption.

Martha’s work requirement status must be evaluated during this renewal; if no exemption is found her case will be discontinued during this renewal. Her clock must be updated and her sanction entered; in addition, a claim must be established for February, March and April 2015. Adequate notice is required since she is at renewal.

Regaining Eligibility

After the receipt of three Y1 months in a 36-month period, a person will not be eligible unless:

the provisions of the work requirement are being met or

an exemption exists, or eligibility is regained

Regaining Eligibility Continued

Regaining eligibility means that in order for a person to receive Y2 benefits, they must have worked at least 80 hours in a thirty day period; and that thirty day period is while not receiving time limited benefits in a Y month.Unless questionable, the work that was performed to regain does not have to be verified.

The EW needs to document the place worked, when the person worked and the number of hours worked

Y2’sY2 months are the second set of time limited benefits once the individual has regained their eligibility.

In order to be eligible for Y2 months, a person has to regain eligibility.

Regaining eligibility means that a person must have worked 80 hours in a thirty day period while not in a Y month.

Y2’s

Only the receipt of a full month’s worth of benefits will count toward a Y2 month

Y2 months must run consecutively regardless of any changes in a person’s situation

Y2 Example

Peter Panda applied for SNAP on July 7, 2014. He has already used his Y1 months.

He has worked 80 hours in a thirty day period so he will be eligible for Y2 months.

His case is certified for a four month period, July 7, 2014 – October 31, 2014.

Peter Panda Y2 Example Continued

On August 12, 2014, Mr. Panda requests that his case be closed because he has obtained employment. His clock will read as follows: July = PM, Aug = Y2, Sep = Y2, Oct = Y2.

Even though he did not receive benefits for the entire period because his case closed August 31, 2014, the Y2 months still count because they must run consecutively.

Mr. Panda will not be eligible during this fixed 36 month period again unless he meets an exemption or unless he regains and maintains eligibility.

After Y2 months have been exhausted, if no exemption is met, a person must:

regain and maintain eligibility in order to receive benefits

If the activity is not maintained, the person will not be eligible

Helpful Reminders

Months for which a household repays benefits received erroneously will not count toward the three-month limit once the household repays the claim in full.

Helpful Reminders ContinuedIf there has been a change in a person’s circumstances which has been verified, the clock can be changed.

For example, a person using Y1 months reports a disability. Once the disability has been verified, the Y1 month could be changed to E5, if appropriate

Remember, Y2 months run consecutively and must not be changed!

Helpful Reminders ContinuedMonths in which a certified household is eligible to receive benefits but does not actually participate do not count toward the three-month period.

ExampleJohn Smith received SNAP benefits for three months as a Y1. He never uses any of the benefits. Subsequently he is incarcerated and his EBT account is eventually expunged. Because he did not participate (use the benefits), the Y1 months would not count against him.

Helpful Reminders ContinuedVolunteers:

When looking at volunteer hours, divide the monthly allotment by the federal minimum wage to get the number of hours individual has to work. The number of hours is a MONTHLY number, not weekly that they must work.

Also, the volunteer status, hours, etc., must be verified.

When volunteering, the individual must be volunteering with a public or private AGENCY.

Helpful Reminders Continued: For Volunteers, Community Service hours

will meet the ABAWD exemption, if the place the community service work is being completed is a public/private agency, it does not matter that these hours were court ordered

This will need to be verified

Helpful Reminders Continued Household members that are not eligible

due to the work requirement are considered disqualified. It is important to keep the individual in the ADAPT case and fill out the sanction screens properly

The household must continue to report required changes for these disqualified members

Remember, if a household reports a change, changes must be acted upon and clocks evaluated.

Helpful Reminders Continued Double check the clock! Do not assume

that it is correct. This sometimes results in an unnecessary error

Always take a minute to review the case record and the clock

If the clock is not correct, please take the time to correct it. Correcting the clock could mean the difference in an ineligible person receiving benefits, or an eligible person not receiving benefits

Corrections To Clocks

The updated ABAWD Status Code Reports are now available on the SPARK page, under Benefit Programs, and then under SNAP Reports. One set of reports provides a list of SNAP participants in non-exempt localities with an ABAWD status code of E7 as of December 31, 2014. If the 36-month work requirement clock was incorrectly coded with an E7 at any time since October 2013, it must be corrected according to latest guidance.

A second set of reports provides a list of SNAP participants with an ABAWD status code of E9 as of December 31, 2014. The E9 exemption code was disabled effective September 30, 2014; however, if the ABAWD Status Code field was not updated to another exemption code, then the E9 code continued to populate in error.

April 2015, a third set of reports are now available. The updated E7, E9 and two new reports—the E4 and Y1—are now available on the SPARK page. As the new reports are posted, compare the cases listed on the “old” report against the “updated” reports to avoid duplicating work. The BPS should use the available documentation in the case record or make an informal contact with the SNAP household to determine if members subject to the work requirement meet an exemption.

Workers may have to make contact with the HH to determine the appropriate exemption code to use to correct the clock

If no exemption exists, then the SNAP household must be given advanced notice to discontinue ineligible household members or close the case

If the household received benefits in error, then a claim must be established

For an ongoing case as of October 2013: The 36-month clock must start with October 2013; otherwise, the clock should start the month of certification

Check the clock for all SNAP household members subject to the work requirement

Run EDBC after completing the correction

As part of FNS findings involving the Work Requirement, we are charged with correcting all the work requirement 36-month clocks coded in error. This includes cases coded with: E7 from 10/13-4/14 in all localities. E7 is

only valid in the 23 waived localities effective May 1, 2014

Y1/Y2 for more than 3 months E9’s without the preceding Y1 E4 beyond 9 or 10 months

If you have already fixed the 36-month clock, you do not have to do anything. We are asking that once a case has been identified as being incorrectly coded that the local agency:

Assess the case to see if customer met another valid exemption and to change clock to the appropriate code. This may involve an informal contact or conversation with the customer to make a determination

Change clock to the appropriate exemption code If no valid exemption exists, it is appropriate to use Y1’s and E9 to

correct the clock. FNS has provided guidance that it is appropriate to use Y1s for the period of October 1, 2013-December 31, 2013 with the special exemption code E9 to correct work requirement clocks from January 1, 2014-September 30, 2014

Once corrections have been made, please run EDBC to update clock

If the HH fails to submit the renewal application, allow the case to die a natural death with the code on the clock and sanction screen completed so if the customer reapplies, then the next worker will know that they need to regain eligibility.

Do you have any questions?

Thank you for attending!

Contact Information:

Jim AlticeEastern Region SNAP ConsultantTelephone Number: 757-491-3981Email: james.altice@dss.virginia.gov

Ruth Ann BelcherWestern Region SNAP ConsultantTelephone Number: 276-676-5638Email: ruth.belcher@dss.virginia.gov