[Code of Federal Regulations]

[Title 7, Volume 4]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 7CFR273.24]



[Page 791-795]

 

                          TITLE 7--AGRICULTURE

 

    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE

 

PART 273_CERTIFICATION OF ELIGIBLE HOUSEHOLDS--Table of Contents

 

Sec. 273.24  Time limit for able-bodied adults.



    (a) Definitions. For purposes of the food stamp time limit, the 

terms below have the following meanings:

    (1) Fulfilling the work requirement means:

    (i) Working 20 hours per week, averaged monthly; for purposes of 

this provision, 20 hours a week averaged monthly means 80 hours a month;

    (ii) Participating in and complying with the requirements of a work 

program 20 hours per week, as determined by the State agency;

    (iii) Any combination of working and participating in a work program 

for a total of 20 hours per week, as determined by the State agency; or

    (iv) Participating in and complying with a workfare program;

    (2) Working means:

    (i) Work in exchange for money;

    (ii) Work in exchange for goods or services (``in kind'' work); or

    (iii) Unpaid work, verified under standards established by the State 

agency.

    (iv) Any combination of paragraphs (a)(2)(i), (a)(2)(ii) and 

(a)(2)(iii) of this section.

    (3) Work Program means:

    (i) A program under the Workforce Investment Act (Pub. L. 105-220);

    (ii) A program under section 236 of the Trade Act of 1974 (19 U.S.C. 

2296); or

    (iii) An employment and training program, other than a job search or 

job search training program, 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 Sec. 273.7(f). Such a 

program may contain job search or job search training as a subsidiary 

component as long as such component is less than half the requirement.

    (4) Workfare program means:

    (i) A program under Sec. 273.22; or

    (ii) A comparable program established by a State or political 

subdivision of a State.

    (b) General Rule. Individuals are not eligible to participate in the 

Food Stamp Program as a member of any household if the individual 

received food stamps for more than three countable months during any 

three-year period, except that individuals may be eligible for up to 

three additional countable months in accordance with paragraph (e) of 

this section.

    (1) Countable months. Countable months are months during which an 

individual receives food stamps for the full benefit month while not:

    (i) Exempt under paragraph (c) of this section;

    (ii) Covered by a waiver under paragraph (f) of this section;

    (iii) Fulfilling the work requirement as defined in paragraph (a)(1) 

of this section; or

    (iv) Receiving benefits that are prorated in accordance with Sec. 

273.10.

    (2) Good cause. As determined by the State agency, if an individual 

would have worked an average of 20 hours per week but missed some work 

for good cause, the individual shall be considered to have met the work 

requirement if the absence from work 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 household member requiring the presence of the member, a 

household emergency, or the unavailability of transportation.

    (3) Measuring the three-year period. The State agency may measure 

and track the three-year period as it deems appropriate. The State 

agency may use either a ``fixed'' or ``rolling'' clock. If the State 

agency chooses to switch tracking methods it must inform FNS in writing. 

With respect to a State, the three-year period:

    (i) Shall be measured and tracked consistently so that individuals 

who are similarly situated are treated the same; and

    (ii) Shall not include any period before the earlier of November 22, 

1996, or the date the State notified food stamp recipients of the 

application of Section 824 of the Personal Responsibility and



[[Page 792]]



Work Opportunity Reconciliation Act of 1996 (Pub. L. 104-193).

    (4) Treatment of income and resources. The income and resources of 

an individual made ineligible under this paragraph (b) shall be handled 

in accordance with Sec. 273.11(c)(2).

    (5) Benefits received erroneously. If an individual subject to this 

section receives food stamp benefits erroneously, the State agency shall 

consider the benefits to have been received for purposes of this 

provision unless or until the individual pays it back in full.

    (6) Verification. Verification shall be in accordance with Sec. 

273.2(f)(1) and (f)(8).

    (7) Reporting. A change in work hours below 20 hours per week, 

averaged monthly, is a reportable change in accordance with Sec. 

273.12(a)(1)(viii). Regardless of the type of reporting system the State 

agency assigns to potential ABAWDs, the State agency must adhere to the 

statutory requirements of time-limited benefits for individuals who are 

subject to the work requirement. The State agency may opt to consider 

work performed in a job that was not reported according to the 

requirements of Sec. 273.12 ``work.''

    (c) Exceptions. The time limit does not apply to an individual if he 

or she is:

    (1) Under 18 or 50 years of age or older;

    (2) Determined by the State agency to be medically certified as 

physically or mentally unfit for employment. An individual is medically 

certified as physically or mentally unfit for employment if he or she:

    (i) Is receiving temporary or permanent disability benefits issued 

by governmental or private sources;

    (ii) Is obviously mentally or physically unfit for employment as 

determined by the State agency; or

    (iii) If the unfitness is not obvious, provides a statement from a 

physician, physician's assistant, nurse, nurse practitioner, designated 

representative of the physician's office, a licensed or certified 

psychologist, a social worker, or any other medical personnel the State 

agency determines appropriate, that he or she is physically or mentally 

unfit for employment.

    (3) Is a parent (natural, adoptive, or step) of a household member 

under age 18, even if the household member who is under 18 is not 

himself eligible for food stamps;

    (4) Is residing in a household where a household member is under age 

18, even if the household member who is under 18 is not himself eligible 

for food stamps;

    (5) Is otherwise exempt from work requirements under section 6(d)(2) 

of the Food Stamp Act, as implemented in regulations at Sec. 273.7(b); 

or

    (6) Is pregnant.

    (d) Regaining eligibility. (1) An individual denied eligibility 

under paragraph (b) of this section, or who did not reapply for benefits 

because he was not meeting the work requirements under paragraph (b) of 

this section, shall regain eligibility to participate in the Food Stamp 

Program if, as determined by the State agency, during any 30 consecutive 

days, he or she:

    (i) Worked 80 or more hours;

    (ii) Participated in and complied with the requirements of a work 

program for 80 or more hours;

    (iii) Any combination of work and participation in a work program 

for a total of 80 hours; or participated in and complied with a workfare 

program; or

    (iv) At State agency option, verifies that the he or she will meet 

one of the requirements in paragraphs (d)(1)(i), (d)(1)(ii), 

(d)(1)(iii), or (d)(1)(v) of this section, within the 30 days subsequent 

to application; or

    (v) Becomes exempt.

    (2) An individual regaining eligibility under paragraph (d)(1) of 

this section shall have benefits calculated as follows:

    (i) For individuals regaining eligibility by working, participating 

in a work program, or combining hours worked and hours participating in 

a work program, the State agency may either prorate benefits from the 

day the 80 hours are completed or from the date of application, or

    (ii) For individuals regaining eligibility by participating in a 

workfare program, and the workfare obligation is based on an estimated 

monthly allotment prorated back to the date of application, then the 

allotment issued must be prorated back to this date.



[[Page 793]]



    (3) There is no limit on how many times an individual may regain 

eligibility and subsequently maintain eligibility by meeting the work 

requirement.

    (e) Additional three-month eligibility. An individual who regained 

eligibility under paragraph (d) of this section and who is no longer 

fulfilling the work requirement as defined in paragraph (a) of this 

section is eligible for a period of three consecutive countable months 

(as defined in paragraph (b) of this section), starting on the date the 

individual first notifies the State agency that he or she is no longer 

fulfilling the work requirement, unless the individual has been 

satisfying the work requirement by participating in a work or workfare 

program, in which case the period starts on the date the State agency 

notifies the individual that he or she is no longer meeting the work 

requirement. An individual shall not receive benefits under this 

paragraph (e) more than once in any three-year period.

    (f) Waivers--(1) General. On the request of a State agency, FNS may 

waive the time limit for a group of individuals in the State if we 

determine that the area in which the individuals reside:

    (i) Has an unemployment rate of over 10 percent; or

    (ii) Does not have a sufficient number of jobs to provide employment 

for the individuals.

    (2) Required data. The State agency may submit whatever data it 

deems appropriate to support its request. However, to support waiver 

requests based on unemployment rates or labor force data, States must 

submit data that relies on standard Bureau of Labor Statistics (BLS) 

data or methods. A non-exhaustive list of the kinds of data a State 

agency may submit follows:

    (i) To support a claim of unemployment over 10 percent, a State 

agency may submit evidence that an area has a recent 12 month average 

unemployment rate over 10 percent; a recent three month average 

unemployment rate over 10 percent; or an historical seasonal 

unemployment rate over 10 percent; or

    (ii) To support a claim of lack of sufficient jobs, a State may 

submit evidence that an area: is designated as a Labor Surplus Area 

(LSA) by the Department of Labor's Employment and Training 

Administration (ETA); is determined by the Department of Labor's 

Unemployment Insurance Service as qualifying for extended unemployment 

benefits; has a low and declining employment-to-population ratio; has a 

lack of jobs in declining occupations or industries; is described in an 

academic study or other publications as an area where there are lack of 

jobs; has a 24-month average unemployment rate 20 percent above the 

national average for the same 24-month period. This 24-month period may 

not be any earlier than the same 24-month period the ETA uses to 

designate LSAs for the current fiscal year.

    (3) Waivers that are readily approvable. FNS will approve State 

agency waivers where FNS confirms:

    (i) Data from the BLS or the BLS cooperating agency that shows an 

area has a most recent 12 month average unemployment rate over 10 

percent;

    (ii) Evidence that the area has been designated a Labor Surplus Area 

by the ETA for the current fiscal year; or

    (iii) Data from the BLS or the BLS cooperating agency that an area 

has a 24 month average unemployment rate that exceeds the national 

average by 20 percent for any 24-month period no earlier than the same 

period the ETA uses to designate LSAs for the current fiscal year.

    (4) Effective date of certain waivers. In areas for which the State 

certifies that data from the BLS or the BLS cooperating agency show a 

most recent 12 month average unemployment rate over 10 percent; or the 

area has been designated as a Labor Surplus Area by the Department of 

Labor's Employment and Training Administration for the current fiscal 

year, the State may begin to operate the waiver at the time the waiver 

request is submitted. FNS will contact the State if the waiver must be 

modified.

    (5) Duration of waiver. In general, waivers will be approved for one 

year. The duration of a waiver should bear some relationship to the 

documentation provided in support of the waiver request. FNS will 

consider approving waivers for up to one year based on



[[Page 794]]



documentation covering a shorter period, but the State agency must show 

that the basis for the waiver is not a seasonal or short term 

aberration. We reserve the right to approve waivers for a shorter period 

at the State agency's request or if the data is insufficient. We reserve 

the right to approve a waiver for a longer period if the reasons are 

compelling.

    (6) Areas covered by waivers. States may define areas to be covered 

by waivers. We encourage State agencies to submit data and analyses that 

correspond to the defined area. If corresponding data does not exist, 

State agencies should submit data that corresponds as closely to the 

area as possible.

    (g) 15 percent exemptions. (1) For the purpose of establishing the 

15 percent exemption for each State agency, the following terms are 

defined:

    (i) Caseload means the average monthly number of individuals 

receiving food stamps during the 12-month period ending the preceding 

June 30.

    (ii) Covered individual means a food stamp recipient, or an 

applicant denied eligibility for benefits solely because he or she 

received food stamps during the 3 months of eligibility provided under 

paragraph (b) of this section, who:

    (A) Is not exempt from the time limit under paragraph (c) of this 

section;

    (B) Does not reside in an area covered by a waiver granted under 

paragraph (f) of this section;

    (C) Is not fulfilling the work requirements as defined in paragraph 

(a)(1) of this section; and

    (D) Is not receiving food stamp benefits under paragraph (e) of this 

section.

    (2) Subject to paragraphs (h) and (i) of this section, a State 

agency may provide an exemption from the 3-month time limit of paragraph 

(b) of this section for covered individuals. Exemptions do not count 

towards a State agency's allocation if they are provided to an 

individual who is otherwise exempt from the time limit during that 

month.

    (3) For each fiscal year, a State agency may provide a number of 

exemptions such that the average monthly number of exemptions in effect 

during the fiscal year does not exceed 15 percent of the number of 

covered individuals in the State, as estimated by FNS, based on FY 1996 

quality control data and other factors FNS deems appropriate, and 

adjusted by FNS to reflect changes in:

    (i) The State agency's caseload; and

    (ii) FNS's estimate of changes in the proportion of food stamp 

recipients covered by waivers granted under paragraph (f) of this 

section.

    (4) State agencies must not discriminate against any covered 

individual for reasons of age, race, color, sex, disability, religious 

creed, national origin, or political beliefs. Such discrimination is 

prohibited by this part, the Food Stamp Act, the Age Discrimination Act 

of 1975 (Public Law 94-135), the Rehabilitation Act of 1973 (Public Law 

93-112, section 504), and title VI of the Civil Rights Act of 1964 (42 

U.S.C. 2000d). Enforcement action may be brought under any applicable 

Federal law. Title VI complaints will be processed in accord with 7 CFR 

part 15.

    (h) Adjustments. FNS will make adjustments as follows:

    (1) Caseload adjustments. FNS will adjust the number of exemptions 

estimated for a State agency under paragraph (g)(2) of this section 

during a fiscal year if the number of food stamp recipients in the State 

varies from the State's caseload by more than 10 percent, as estimated 

by FNS.

    (2) Exemption adjustments. During each fiscal year, FNS will adjust 

the number of exemptions allocated to a State agency based on the number 

of exemptions in effect in the State for the preceding fiscal year.

    (i) If the State agency does not use all of its exemptions by the 

end of the fiscal year, FNS will increase the estimated number of 

exemptions allocated to the State agency for the subsequent fiscal year 

by the remaining balance.

    (ii) If the State agency exceeds its exemptions by the end of the 

fiscal year, FNS will reduce the estimated number of exemptions 

allocated to the State agency for the subsequent fiscal year by the 

corresponding number.

    (i) Reporting requirement. The State agency will track the number of 

exemptions used each month and report this number to the regional office 

on a quarterly basis as an addendum to the



[[Page 795]]



quarterly Employment and Training Report (Form FNS-583) required by 

Sec. 273.7(c)(8).

    (j) Other Program rules. Nothing in this section will make an 

individual eligible for food stamp benefits if the individual is not 

otherwise eligible for benefits under the other provisions of this part 

and the Food Stamp Act.



[Amdt. 379, 64 FR 48257, Sept. 3, 1999, as amended at 66 FR 4469, Jan. 

17, 2001; 67 FR 41618, June 19, 2002]