California Department of Social Services - State Hearings Division
Notes from the Training Bureau - April 4, 1997

Reference: Manual of Policies and Procedures §63-410 (effective February 1, 1997), CDSS All-County Letter (ACL) 96-62 dated November 6, 1996, CDSS ACL 97-08 dated February 19, 1997 and CDSS ACL 97-16 dated March 13, 1997.

Effective February 1, 1997, approved regulations address FS eligibility for ABAWDs. According to FS program, these regulations have a November 22, 1996 implementation date.

An ABAWD between the ages of 18 and 50 who does not meet certain work requirements is eligible for FS benefits for three months in a fixed 36-month period.

Since the regulations have a November 22, 1996 implementation date, some ABAWDs will be discontinued from FS benefits as early as March 1, 1997. Judges can expect ABAWD issues scheduled for hearing in April 1997.

The 36-month period for each individual impacted by the ABAWD regulations is a fixed period which does not change. For any ABAWD who was a FS recipient as of November 22, 1996 and was not exempt from ABAWD work requirements, the fixed 36-month period begins on December 1, 1996. If such ABAWD did not meet the ABAWD work requirements at §63-410.2, he/she would be ineligible for FS benefits effective March 1, 1997 through November 30, 1999, unless he/she met the work requirements per §63-410.5 or was exempt from ABAWD requirements during this period. (Refer to §63-410.3).

If a person meets ABAWD work requirements or is exempt from such requirements in any month during the fixed period, he/she may be eligible to receive FS benefits in that month.

If a person is receiving FS benefits as of November 22, 1996, but is exempt from the ABAWD work requirement, that person will not be subject to the three-month limit for receiving FS benefits. If, at a later date, such person is no longer exempt from the ABAWD work requirements (see §63-410.3), he/she may then be eligible for FS benefits for only three months in a 36-month period. The fixed 36-month period begins the first day of the first full calendar month the person became subject to the ABAWD work requirement.

For any ABAWD who first applies for FS benefits after December 1, 1996, and who is not exempt from the ABAWD work requirement, the 36-month period begins on the first day of the first full calendar month that person is subject to the ABAWD requirement. For example: If on December 2, 1996, a 25 year-old man applies for FS benefits for himself only, he would be subject to the ABAWD work requirement beginning January 1, 1997. The 36-month fixed period would run from January 1, 1997 through December 31, 1999.

A person meets the ABAWD work requirement by working an average of 20 hours per week, participating in specified workfare programs, or participating in allowable "work programs" for 20 or more hours per week.

A person is exempt from ABAWD work requirements if he/she meets the work registration exemptions in §63-407.21 other than the exemption at .21(g) (which exempts those working a minimum of 30 hours weekly or receiving weekly earnings at least equal to the federal minimum wage x 30 hours), is under age 18 or over age 50, is pregnant or is a parent or other household member responsible for a dependent child. In addition, in counties where the unemployment rate is above 10%, the county may request a waiver from ABAWD requirements.

As of February 19, 1997, the following counties had received waivers from ABAWD work requirements and will not be implementing the new ABAWD regulations:

If an ABAWD receives FS benefits for more than three months in the fixed 36-month period without meeting ABAWD work requirements or without being exempt from such requirements, such FS benefits will be considered an overissuance.

If the ABAWD did not receive FS benefits during the fixed period due to a failure to meet ABAWD work requirements, but later presents evidence that he/she did meet ABAWD requirements, FS benefits must be restored.

An ABAWD may regain FS eligibility within the 36-month fixed period if the ABAWD in any 30-day period: works 80 or more hours, participates in a workfare assignment, or participates in an allowable work program for at least 80 hours. If the ABAWD subsequently stops meeting ABAWD work requirements after regaining FS eligibility, he/she will only receive FS benefits for one period of three consecutive months during the 36-month period. If a person becomes ineligible after regaining eligibility and receiving FS benefits for the three "free" months, that person may again reestablish eligibility if he/she again meets the ABAWD work requirement or becomes exempt from the ABAWD requirement.

The ABAWD is eligible in any month he/she meets or is exempt from the ABAWD work requirement.

If an ABAWD fails, without good cause, to comply with a Food Stamp Employment and Training (FSET) assignment, reduces hours worked to less than 30 per week or voluntarily quits employment, that person is subject to sanctions and may not reestablish FS eligibility until the minimum sanction period has expired.

CDSS ACL 97-08 provided the emergency ABAWD regulations and questions and answers regarding ABAWD work requirements, FS workfare, and work registration sanctions. CDSS ACL 97-08 also includes copies of notices for counties to use when imposing a FS sanction or discontinuing FS benefits to those who fail to meet ABAWD requirements.

The State of California has requested an expanded six-month federal waiver from ABAWD requirements. Specifically, the state requested that it not be required to implement ABAWD work requirements until after August 31, 1997.

CDSS ACL 97-16 states in pertinent part, as follows:

CDSS anticipates the U.S. Department of Agriculture will submit a response to this waiver request in April 1997. CDSS will provide further instructions after receiving a response to its waiver request.