(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 if 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 if 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 (06/2006)(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 activitiescomponents, 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)(06/2006)(01/2021). Such a
program may contain supervised job search as a subsidiary component activity as long
as such component an activity
is less than half the requirement; 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, (01/2006)(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 if 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 if 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 in which 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 paragrapgh 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. If When
an individual would have worked an average of twenty
hours per weekfulfilled the work requirement as defined
in paragraph (B) of this rule, but missed some work
hours for good cause, the individual shall
be considered to have met the work requirement if when the absence from work, the work
program, or the work experience program is temporary and the individual retains his or her job. 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 paragrpah 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: 11/18/2021
Five Year Review (FYR) Dates: 8/16/2021 and 11/18/2026
Certification: CERTIFIED ELECTRONICALLY
Date: 11/08/2021
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