(A)Who is
considered an able-bodied adult without dependents (ABAWD)?
(1)Every
individual not exempt from work registration in accordance with rule
5101:4-3-11 of the Administrative Code is an ABAWD and subject to the
requirements of this rule and rule 5101:4-3-20.1 of the Administrative Code
unless the individual is:
(a)Under eighteen
or fifty years of age or older;
(b)Pregnant;
(c)A parent
(natural, adoptive, or step) of an assistance group member under age eighteen,
even when the assistance group member who is under eighteen is not
himself/herself eligible for supplemental nutrition assistance program (SNAP);
or
(d)Residing in an
assistance group where an assistance group member is under age eighteen, even
when the assistance group member who is under eighteen is not himself/herself
eligible for SNAP.
(2)When an
individual previously identified as an ABAWD is later determined to either no
longer be an ABAWD or to be exempt from work registration requirements in
accordance with rule 5101:4-3-11 of the Administrative Code, the individual is
no longer subject to the requirements of this rule.
(B)What are the
work requirements for an ABAWD?
(1)Every ABAWD
shall comply with:
(a)The work
registration requirements described in rule 5101:4-3-11.1 of the Administrative
Code; and
(b)The SNAP
employment and training (SNAP E&T) program requirements described in rule
5101:4-3-30 of the Administrative Code.
(2)Every ABAWD
that does not reside in a county subject to a waiver of the ABAWD time-limit
approved in accordance with 7 C.F.R. 273.24 (01/2021), shall either:
(a)Participate in
and comply with a SNAP E&T work experience program (WEP) activity for the
maximum number of hours permitted by rule 5101:4-3-31 of the Administrative
Code; or
(b)For twenty
hours per week (twenty hours per week averaged monthly means eighty hours per
month) as determined by the county agency:
(i)Participate
in one or more SNAP E&T components, other than supervised job search,
operated or supervised by a state or political subdivision of a state that
meets standards approved by the governor of the state, including a program
under section 7 C.F.R. 273.7(e)(01/2021). Such a program may contain supervised
job search as a subsidiary activity as long as such an activity is less than
half the requirement; or
(a)When an individual
is assigned to a work-based learning program component for the maximum number
of hours permitted by rule 5101:4-3-31 of the Administrative Code and the
maximum number of hours permitted is less than twenty hours per week, the
individual is to be assigned to another SNAP E&T activity for the number of
hours necessary to bring the total number of hours to twenty hours per week.
(b)When an individual
is assigned to job retention services as described in rule 5101:4-3-39 of the
Administrative Code, the hours are to count toward the twenty hour per week
ABAWD work requirement, except for when assigned to job retention supportive
services; or
(ii)In
combination with hours spent in SNAP E&T activities, be engaged in work or
a work program.
(3)For purposes of
this rule and rule 5101:4-3-20 of the Administrative Code:
(a)"Work"
includes working in exchange for (alone or in combination): money; goods or
services (in-kind work); or verified unpaid work.
(i)"Unpaid
work" includes any activity in which the individual exerts strength or
faculties to do or perform something for which no compensation is received and
that benefits the community or a member of the community that does not reside
with the individual. Unpaid work shall be verified in accordance with rule
5101:4-2-09 of the Administrative Code.
(ii)Every ABAWD
engaged in work shall report when their work hours fall below twenty per week,
averaged monthly in accordance with rule 5101:4-7-01 of the Administrative
Code.
(b)"Work
program" includes a program under Title 1 of the Workforce Innovation and
Opportunity Act, Pub. L. No. 113-128, (07/2014); a program under section 236 of
the Trade Act of 1974, 19 U.S.C. 2296, (06/2015); or a program of employment
and training for veterans operated by the department of labor or the department
of veterans affairs, and approved by the United States department of
agriculture (USDA) food and nutrition service (FNS).
(C)What happens
when an ABAWD fails to meet a work requirement?
(1)An ABAWD who
fails without good cause to comply with a work registration or SNAP E&T
program requirement is subject to the sanction and compliance process described
in rule 5101:4-3-11.2 of the Administrative Code.
(2)An ABAWD is not
eligible to participate in SNAP as a member of any assistance group when he or
she has received benefits for three countable months during any thirty-six
month period. The first month of the thirty-six month count begins during the
first full month of benefits. A "countable month" is any month that
the ABAWD:
(a)Received a full
SNAP allotment; and
(b)Was subject to
and failed without good cause to meet the work requirement described in
paragraph (B)(2) of this rule.
(3)Good cause.
(a)When
determining good cause as described in paragraph (C)(1) of this rule, the
county agency shall follow the good cause provisions of rule 5101:4-3-11.1 of
the Administrative Code; and
(b)When
determining good cause as described in paragraph (C)(2) of this rule, good
cause is determined by the county agency. When an individual would have
fulfilled the work requirement as defined in paragraph (B) of this rule, but
missed some hours for good cause, the individual shall be considered to have
met the work requirement when the absence from work, the work program, or the
work experience program is temporary. Good cause shall include circumstances
beyond the individual's control, such as, but not limited to: illness, illness
of another assistance group member requiring the presence of the member, an
assistance group emergency, or the unavailability of transportation.
(D)What are the
county agency responsibilities for ABAWDs?
The county agency shall ensure that:
(1)Every ABAWD:
(a)Has been
appraised and assigned to one or more SNAP E&T activities in accordance
with rule 5101:4-3-29 of the Administrative Code;
(b)Is sanctioned
in accordance with rule 5101:4-3-11.2 of the Administrative Code for failing to
comply with a work registration or SNAP E&T program requirement; and
(c)Is assigned a
four month certification period in accordance with rule 5101:4-5-03 of the
Administrative Code when the ABAWD has no countable earned income and is unable
to meet the work requirement through participation in SNAP E&T alone;
(2)The time-limit
on participation described in paragraph (C)(2) of this rule is enforced; and
(3)An ABAWD who has
exhausted their three countable months in a thirty-six month period only
receives SNAP benefits in accordance with rule 5101:4-3-20.1 of the
Administrative Code.
Effective: 6/16/2022
Five Year Review (FYR) Dates: 11/18/2026
Certification: CERTIFIED ELECTRONICALLY
Date: 06/06/2022
Promulgated Under: 119.03
Statutory Authority: 5101.54
Rule Amplifies: 329.04, 329.042, 5101.54
Prior Effective Dates: 06/02/1980, 12/01/1980, 10/01/1981,
01/18/1982, 05/01/1982, 09/27/1982, 02/01/1985 (Emer.), 05/02/1985, 07/01/1987
(Emer.), 09/28/1987, 01/13/1988 (Emer.), 03/24/1988, 10/01/1988 (Emer.), 11/18/1988,
01/01/1989 (Emer.), 03/18/1989, 10/01/1990, 01/01/1991, 02/03/1992, 08/01/1994,
08/01/1995 (Emer.), 10/13/1995, 07/01/1996, 09/22/1996 (Emer.), 11/22/1996
(Emer.), 01/09/1997, 02/01/1997 (Emer.), 04/13/1997, 10/01/1997 (Emer.), 12/15/1997,
10/01/2001 (Emer.), 10/11/2001, 01/01/2004 (Emer.), 02/01/2004, 01/01/2006, 01/01/2009,
03/01/2011, 06/01/2013, 10/01/2013, 10/01/2016, 07/01/2017, 11/01/2019,
11/18/2021