State of Wisconsin
Department of Health Services

HISTORY

The policy on this page is from a previous version of the handbook. 

3.17.1 Able-bodied adults without dependents (abawds)

3.17.1.1 Able-Bodied Adults without Dependents (ABAWDs)

3.17.1.2 Application of ABAWD Rules

3.17.1.3 ABAWD Status

3.17.1.4 Determining ABAWD Status

3.17.1.5 ABAWD Exemptions from Time-Limited FoodShare Benefits

3.17.1.6 Verification of ABAWD Status and Exemptions from Time-Limited FoodShare

3.17.1.7 ABAWD Work Requirement

3.17.1.8 ABAWD Definition of Working

3.17.1.9 Three Countable Months of Time-Limited FoodShare Benefits

3.17.1.10 The 36-Month Period (Clock)

3.17.1.11 Regaining Eligibility after Exhausting 3 Months of Time-Limited Benefits

3.17.1.12 Three Additional Months of FoodShare Benefits

3.17.1.13 FSET Participation and FS Eligibility for ABAWDs

3.17.1.14 Adjusting or Deleting the FS Clock Page (36-Month Period)

3.17.1.15 Additional ABAWD Reporting Requirement

3.17.1.16 FS Clock System Updates and Statuses

 

3.17.1.1 Able-Bodied Adults without Dependents (ABAWDs)

Able-Bodied Adults without Dependents (ABAWDAble Bodied Adult Without Dependents) must either meet the ABAWD work requirement or an exemption from the work requirement in order to continue to receive FoodShare (FS) benefits. Non-exempt ABAWDs who do not meet the work requirement will only be allowed to receive up to 3 full months of time-limited benefits (TLBTime-Limited Benefits; non-exempt ABAWDs will only be allowed to receive up to three months of Time-Limited FoodShare benefits in a 36-month period) in a 36-month time period.

 

3.17.1.2 Application of ABAWD Rules

Implementation of the ABAWDAble Bodied Adult Without Dependent policy is being piloted in Kenosha, Racine and Walworth counties starting July 1, 2014. The ABAWD policy will be implemented statewide beginning April 1, 2015. Effective July 1, 2014, FS applicants and members residing in the pilot counties are subject to ABAWD rules at their next application or renewal. Effective April 1, 2015, FS applicants and members residing in the remainder of the State are subject to ABAWD rules at their next application or renewal. ABAWD rules will be applied as detailed below:

 

  1. FS applications with a filing date on or after July 1, 2014 in the pilot region and on or after April 1, 2015 for the balance of state.

  2. FS renewals with FS eligibility run and confirmed on or after July 1, 2014 in the pilot region and on or after April 1, 2015 for the balance of state.

 

Once ABAWD rules have been applied to a case, all subsequent eligibility determinations will continue to apply the ABAWD rules to the case. The only exception is during the pilot period, which is from July 1, 2014 through March 31, 2015. During this period, participants moving from a pilot county to a non-pilot county will not be subject to ABAWD policies in the non-pilot county regardless of whether they were subject to ABAWD policies in the pilot county.

 

3.17.1.3 ABAWD Status

Non-ABAWD: An individual who is not an ABAWDAble Bodied Adult Without Dependent, is not subject to TLBsTime-Limited Benefits; non-exempt ABAWDs will only be allowed to receive up to three months of Time-Limited FoodShare benefits in a 36-month period, and does not need to meet the ABAWD work requirement.

 

Exempt ABAWD: An ABAWD who has a verified exemption from TLBs and does not need to meet the ABAWD work requirement.

 

Non-Exempt ABAWD: An ABAWD who is subject to TLBs and who must meet the ABAWD work requirement in order to maintain FS eligibility after receiving 3 months of TLBs in a 36-month period.

 

3.17.1.4 Determining ABAWD Status

FS members are determined to be Able-Bodied Adults without Dependents (ABAWDs) when they meet all of the following:

 

 

*Age 18: ABAWD status applies the month following the month the FS recipient or applicant turns age 18.

Age 50: ABAWD status is lost the first day of the month an ABAWD turns age 50.

 

3.17.1.5 ABAWD Exemptions from Time-Limited FoodShare Benefits

An ABAWDAble Bodied Adult Without Dependent is not subject to TLBsTime-Limited Benefits; non-exempt ABAWDs will only be allowed to receive up to three months of Time-Limited FoodShare benefits in a 36-month period if at least one of the following exemptions is met:

 

  1. Is determined unfit for employment, which includes someone who is:
  1. Receiving temporary or permanent disability benefits from the government or a private source;

  2. Mentally or physically unable to work, as determined by the IM agency;

  3. Verified as unable to work by a statement from a health care professional or social worker;

 

  1. Is responsible for the care of a child under age 6 or caring for an incapacitated person, either of which live outside the home;
  2. Is receiving Unemployment Compensation (UC), or has applied for UC and is complying with UC work requirements;

  3. Is regularly participating in an alcohol or other drug addiction (AODA) treatment or rehabilitation program;

  4. Is a student of higher education and is otherwise eligible for FS (3.15.1);

  5. Is a full-time high school student age 18 or over;

  6. Is receiving Transitional FS benefits; or   

  7. Is meeting the ABAWD work requirement.

 

3.17.1.6 Verification of ABAWD Status and Exemptions from Time-Limited FoodShare

Verification of Non-ABAWD and Exempt ABAWD status is necessary in order to lift the three month time limit on FS benefits. Non-ABAWD and Exempt ABAWD status may be verified in any of the following ways:

 

 

As long as an exemption exists for part of a month, the individual is exempt for the entire month. An exemption will not be applied until it is verified, so an ABAWD with a pending exemption will receive TLBs until the verification is received.

 

The effective date of an exemption is the first of the month the exemption was reported or has occurred, whichever is later, as long as verification is provided timely. If verification is due in the month following the month it was reported, the exemption is effective back to the first of the month it was reported as long as verification is received timely. If verification is received after the due date, the exemption is applied the first of the month in which verification is received. The FoodShare Clock Page may need to be adjusted once verification of an exemption is provided. (3.17.1.14)

 

Example 1: Exemption is reported and verification requested on April 25, with a due date of May 5. Verification is provided May 4. The exemption is effective from April 1.

 

Example 2: An exemption that begins in May is reported in April. The effective date of the exemption is May 1, regardless of whether the verification is provided in April or May.

 

Example 3: An exemption that began in April was reported and verified in May. The effective date of the exemption is May 1.

 

Verification timeframe rules for ABAWD status or exemption requests (note: existing verification policy applies. See 1.2.1):

 

 

Example 4: Jen is completing a face-to-face FS interview and reports that she is pregnant. The worker notes that Jen is visibly pregnant, so no additional verification is required. If Jen had reported pregnancy during a phone interview, verification of pregnancy must be requested. The worker would inform Jen that until verification of pregnancy is provided she will be determined a Non-Exempt ABAWD and referred to FSET, because she is not currently meeting the ABAWD work requirement and has not verified an exemption.

 

Example 5: When Julie applies for FS on March 25, she states that she lives with a roommate and the roommate’s minor child who does not receive FS. Verification of the roommates’ child in the home is requested on April 23, with a due date of May 3. Julie provides timely verification and is determined to be a Non-ABAWD effective March 25.   Note: If Julie had submitted her verification on or after May 4, (but before May 31), she would have been considered to be a Non-Exempt ABAWD through April 30, and a Non-ABAWD as of May 1.  

 

Example 6: Angela is an ABAWD who is not meeting the ABAWD work requirement and does not claim an exemption during her application interview on July 7, so a referral is sent to FSET. Angela receives the FSET referral letter, which lists the ABAWD exemptions and types of proof that can be submitted. On August 25, Angela reports to her IM worker that she is regularly participating in an AODA treatment program and is sent a verification request with a due date of September 5. If Angela submits verification timely, she will be treated as an Exempt ABAWD as of August 1. At that time, an update is sent to the FSET agency, notifying them of the ABAWD exemption.

 

3.17.1.7 ABAWD Work Requirement

In addition to current FoodShare work requirements (3.16.1) ABAWDs are required to meet an additional ABAWD work requirement as a condition of FS eligibility.

 

An ABAWD is considered to be meeting the ABAWD work requirement if one of the following applies:

 

  1. Working a minimum of 80 hours per month. Use converted work hours if paid weekly or bi-weekly;
  2. Participating and complying with an allowable work program at least 80 hours per month;*

  3. Both working and participating in an allowable work program for a combined total of at least 80 hours per month; or

  4. Participating and complying with the requirements of a workfare program.

 

*Allowable work programs include FoodShare Employment and Training (FSET), Refugee Employment and Training, W-2, Children First, Workforce Investment Act (WIA) programs, Refugee Cash Assistance programs, and programs under section 236 of the Trade Act.

 

3.17.1.8 ABAWD Definition of Working

For ABAWDs, working is defined as one of the following:

 

  1. Work in exchange for money;
  2. Work in exchange for goods or services (“in kind”);

  3. Unpaid work (i.e. volunteer work, community service);

  4. Self-employed at any wage; or

  5. Any combination of the above.

 

3.17.1.9 Three Countable Months of Time-Limited FoodShare Benefits

ABAWDAble Bodied Adult Without Dependent eligibility for FS is limited to three (3) months of time-limited FS benefits in a 36-month period in which the ABAWD is subject to, but is not complying with, the ABAWD work requirement and does not have a qualifying exemption. The three TLBTime-Limited Benefits; non-exempt ABAWDs will only be allowed to receive up to three months of Time-Limited FoodShare benefits in a 36-month period months do not have to be consecutive.

 

CWWCARES Worker Web will count any month as a TLB month in which an ABAWD received a full month of FS benefits and s/he:

 

  1. Is not meeting the ABAWD work requirement; and
  2. Does not meet an exemption from the FoodShare benefit time limit; or

  3. Does not verify an exemption from the ABAWD work requirement.

 

Note: Months in which FS benefits are prorated are not counted as TLB months.

 

Example 7: Linda, a Non-Exempt ABAWD, applied for FS and was found eligible with a certification period of July 2 through August 30. Linda’s first TLB month is August because July benefits were prorated.

 

Example 8: Libby reported on October 25, that her roommate’s child moved out of the home on August 10. Libby is not meeting a work requirement and does not have an exemption. Libby’s first TLB is issued for December, with a second TLB issued for January. On January 5, Libby reports and verifies that her roommate’s child moved back into the home on December 21. Libby’s status changes to Non-ABAWD effective January 1, the month the change was reported and verified. Note: November benefits are not impacted by this change due to Adverse Action logic and reporting requirements.

 

3.17.1.10 The 36-Month Period (Clock)

During a 36-month period, an ABAWD may continue receiving FS benefits or regain eligibility after exhausting the 3 months of TLBs as long as the ABAWD is meeting the work requirement or an exemption, or is determined to be a Non-ABAWD.

 

Counting the 36-Month Period:

 

First 36-Month Period: The first 36-month period will begin at application, renewal, or when a case re-opens due to break in service, for individuals who are:

 

 

Once started, the period continues uninterrupted for 36 months, regardless of FS eligibility status, ABAWD status, or whether the work requirement or an ABAWD exemption is met. The only exception to this is if the FS Clock, which counts the 36-month period, was created in error. See Adjusting or Deleting the FS Clock Page section, (3.17.1.14) The period ends after 36 full months have elapsed.

 

Example 9: Audrey, a Non-Exempt ABAWD, applies and is determined eligible for FS effective July 2, 2015. Audrey’s 36-month period begins Aug 1, 2015 and runs continuously through July 31, 2018, regardless of changes in ABAWD status or FS eligibility.

 

Subsequent 36-Month Periods: A new 36-month period will start with the first full benefit month after a 36-month period expires and when all of the following are met:

 

 

A new 36-month period will not begin if the individual meets one of the following:

 

 

Example 10: Jeff’s 36-month period began February 1, 2015. Jeff was meeting the work requirement when his 36-month period ended on January 31, 2018. A new 36-month period will not begin until Jeff stops meeting the work requirement and he does not have an exemption.

 

Example 11: Jeff’s 36-month period began February 1, 2015. Jeff was not meeting the work requirement and was not exempt from the work requirement when his 36-month period ended January 31, 2018. A new 36-month period will begin February 1, 2018.   

 

Example 12: 36-month Period

 

The table below provides an example of potential changes in ABAWD status and exemptions that may occur during one 36-month period. The TLB months are not consecutive due to several factors including: FSET participation, gaining and losing employment, FS ineligibility, and an exemption (receipt of unemployment compensation). Three consecutive Additional Months are granted after FS eligibility is regained due to meeting the work requirement.

 

 

Year 1:

 

January 1 - Eligibility for FS begins for a Non-Exempt ABAWD. A TLBTime-Limited Benefits; non-exempt ABAWDs will only be allowed to receive up to three months of Time-Limited FoodShare benefits in a 36-month period is issued for the first full month of benefits.
February through April - The FSET participation requirement is met.
May through August - Work Requirement met by working 80 hours or more per month.
September through December - Ineligible for FS due to being over the income limit.

 

Year 2:

 

January through April - Receives Unemployment Compensation (UC).
January 15 - Reapplies and is eligible for FS
April 5 - Reports that Unemployment benefits ended.
May - No longer exempt and a second TLB is issued.
June through September - Work requirement is met by working 80 hours or more per month.
October - Employment ended and no exemption exists. A third TLB is issued.
November through December - Work requirement met by working 80 hours or more hours per month.

 

Year 3:

 

January -

Employment ends.

February through March -

Three consecutive Additional Months of FS are issued.

May through December -

Ineligible for FS because work requirement is not met and no exemptions exist.

December 31 -

The 36-month period ends.

 

 

3.17.1.11 Regaining Eligibility after Exhausting 3 Months of Time-Limited Benefits

There is no limit on how many times an ABAWD may regain eligibility after exhausting three months of TLBs. A new application is required if the ABAWD re-requests FS as an assistance group of one. If an ABAWD is requesting FS on an ongoing case, follow the person add policy to re-establish FS eligibility (6.1.3.3). ABAWDs who have exhausted three months of TLBs during a 36-month period may regain eligibility by:

 

  1. Meeting the ABAWD work requirement for at least 30 consecutive days prior to the new FS filing date and currently meeting the work requirement, OR verifying that the work requirement will be met within 30 days of the new filing date. The work requirement can be met by:

 

 

  1. Currently meeting an ABAWD exemption at the time of the application and providing verification of the exemption; or
  2. The ABAWD’s 36-month period expires.

 

An ABAWD who has exhausted 3 months of TLBs and is not meeting one of the above requirements at the time of re-application is ineligible for FoodShare. If the ineligible ABAWD is a member of an open FS group, the ABAWD will be counted as a pro-rated deemer. See 4.7.5 Prorated Deeming.

 

Example 13: Stella’s FS closed on October 31, 2015 after three TLBs were issued for August, September, and October. Stella reapplies for FS on January 2, 2016. During the FS interview Stella reports that she had gained seasonal employment of 20 hours/week from November 8 through December 28, 2015. Stella’s application is denied because although she worked 30 consecutive days, she was not meeting the work requirement at time of application. Had Stella’s job not ended, FS eligibility would be effective from her filing date.   

 

Example 14: Gracie received three TLBs for November, December, and January. FS closes January 31. Gracie claims an exemption when she re-applies for FS on February 10. Verification of the exemption is requested by the IM worker. Gracie failed to submit verification until after the 30 day application processing period, so the FS application is denied.

 

Example 15: Toby is open for FoodShare on a case with his girlfriend and cousin. Toby received three TLBs for January, February, and March. FS remains open for Toby’s girlfriend and cousin. Toby becomes a pro-rated deemer effective April 1. On May 12, Toby requests to be added back into the FS group. He has been working at Target since May 5. He works 10 hours a week, and provides paystubs for verification. When eligibility is run, Toby is found ineligible because he is not fully meeting the ABAWD work requirements and he will continue to be a pro-rated deemer.

 

3.17.1.12 Three Additional Months of FoodShare Benefits

In certain cases, an ABAWD who has exhausted 3 months of TLBsTime-Limited Benefits; non-exempt ABAWDs will only be allowed to receive up to three months of Time-Limited FoodShare benefits in a 36-month period, regains eligibility by meeting the work requirement, and then stops meeting the work requirement, may receive up to three (3) additional consecutive months of FS eligibility, during which he or she is not required to meet the ABAWD work requirement.

 

The three additional months of FS eligibility will be determined by CWW and:

 

  1. Apply only to ABAWDs who have exhausted 3 months of time-limited benefits, regained FS eligibility by meeting the work requirement (3.17.1.11) , and then stopped fulfilling that work requirement while receiving FS; and
  2. May only be received one time during a 36-month time period; and

  3. Must be applied consecutively, regardless of changes in FS eligibility or ABAWD status.

 

3.17.1.13 FSET Participation and FS Eligibility for ABAWDs

Participation in the FSET program is voluntary. ABAWDs subject to time-limited benefits may choose to meet the work requirement by participating in FSET. A Non-Exempt ABAWD enrolled in FSET must participate in qualifying activities in order to meet the work requirement and maintain ongoing FS eligibility. See the FSET Handbook for more information on qualifying activities.

 

FSET agencies will enter participation information in the FSET tool. This information will be sent to CWW to determine eligibility for the following month. IM workers can check the FS Clock page to see ABAWD participation status if FS eligibility is affected by FSET compliance. See 3.17.1.16 FS Clock System Updates and Statuses.

 

Anticipated to Meet the Work Requirement through FSET Participation

 

Although FS benefits are issued prospectively at adverse action, knowledge of actual FSET participation is retrospective. When a Non-Exempt ABAWD is in their 3rd TLB or 3rd Additional Month* and is actively participating in FSET, the ‘Anticipated to Meet the Work Requirement’ option should be used by the FSET worker if it is reasonably anticipated that the individual will meet the current month’s work requirement through FSET participation. This is necessary in order for CARES to determine FS eligibility prospectively for the next month. See 3.17.1.16 FS Clock System Updates and Statuses section for Active in FSET and Extended Benefit definitions.

 

*Note: Non-Exempt ABAWDs in the 3rd Additional Month must also have met the FSET participation requirement during the 2nd Additional Month in order to be eligible for ongoing FS benefits by participating in FSET beyond the three Additional Months.

 

FS benefits issued based on reasonable anticipation of FSET participation are recoverable if the ABAWD fails to meet the work requirement through FSET participation without good cause. The existing benefit recovery process should be followed if IM becomes aware that the member did not fulfill their participation requirements when this policy was applied (7.3.1 Benefit Over-issuance).

 

3.17.1.14 Adjusting or Deleting the FS Clock Page (36-Month Period)

Deleting or adjusting the FoodShare Clock page may be required to accurately reflect ABAWD status and FS eligibility. The timing of the receipt and processing of verification may result in the 36-month clock beginning incorrectly or a month being counted as a TLBTime-Limited Benefits; non-exempt ABAWDs will only be allowed to receive up to three months of Time-Limited FoodShare benefits in a 36-month period, even though the ABAWDAble Bodied Adult Without Dependent is later determined to be a Non-ABAWD or exempt. The 36-month clock starts when an ABAWD is determined to be subject to time-limited benefits for the first time and the first TLB is issued. The 36-month clock should not be deleted unless proof of the exemption is submitted timely and no other TLBs should have been applied. Workers can only delete the clock if three or fewer months have passed on the clock. If more than 3 months have passed and the clock needs to be deleted, workers should contact the CARES Call Center.

 

Example 16: Al applies and is determined eligible for FS beginning September 1. During the application interview, Al reported that he met an exemption. Al provides verification 25 days after his filing date. Since FS was not prorated for the month of application and Al’s clock had begun, the FS Clock page should be deleted.

 

Example 17: Al applies and is determined eligible for FS beginning September 1. During the application interview Al reported that he met an exemption. Al provides verification on October 12. Since FS was not prorated for the month of application and verification was untimely, Al’s 36-month clock correctly began effective September 1 and he received his first TLB for the month of September. The FS Clock page should not be deleted.

 

Example 18: Julie applies for FS and is found eligible as a Non-Exempt ABAWD as of August 10. Her 36-month clock begins September 1. She reported during her phone interview on August 15 that she is pregnant and has been since before her FS application. The worker sends her the verification checklist with a due date of September 11. She provides proof of pregnancy on September 1. The worker updates the Pregnancy page, then runs and confirms eligibility. She is considered a Non-ABAWD as of September 1 and her 36-month clock is deleted.

 

If an individual is deleted from all cases, the clock will continue to tick. If that individual later reapplies or is added to a case within the 36-month period, the existing clock will be systematically updated and become viewable on the current case.

 

Example 19: Gus and Lucy are receiving FS together and both are non-Exempt ABAWDs. They each have their own 36-month clock that begins on 9/1/15. Gus moves out of the home and is deleted from the case on 12/10/15; he does not apply for FS on another case. He moves back in with Lucy on 6/10/16 and is added back to her FS case. He will have the same clock with the 9/1/15 begin date and his clock will show his monthly status as ‘Ineligible’ from 1/1/16 through 6/30/16.

 

Adjusting the FS Clock due to Verification Receipt: The FS Clock may need to be adjusted when timing of verification receipt and processing results in:

 

 

Workers may make adjustments to the FS Clock by overriding a System Status to ‘Exempt’. If the worker needs to make a FS Clock System Status adjustment to anything other than ‘Exempt’, the worker must contact the CARES Call Center. Below are examples of how a worker would override the ‘System Status’ on the FS Clock page.

 

Example 20: Linda was issued three TLBs for January, February, and March. On March 25, Linda reported and verified that she has been caring for her incapacitated mother since Feb 16. Linda is an exempt ABAWD effective March 1. The TLB for March is overridden to ‘Exempt’. Had Linda reported the exemption in February, she would have been exempt beginning February 1, if verification was provided timely.

 

Adjusting the FS Clock due to a Fair Hearing Decision: Fair Hearing decisions may also require an adjustment to the ‘System Status’ displayed on one or more months of the FS Clock Page. The worker needs to contact the DHS Call Center to make the adjustment if the status change is anything other than ‘Exempt’.

 

3.17.1.15 Additional ABAWD Reporting Requirement

ABAWDs are required to report if their work hours drop below 80 hours per month by the 10th of the month following the month in which the change occurred. ABAWDs are not required to report other changes in ABAWD status or a change in exemption (6.1.1).

 

An overpayment claim should not be established if benefits were issued for a month that the ABAWD was not exempt or meeting the work requirement due to a change in exemption or ABAWD status that was not required to be reported.

 

Adverse action rules continue to apply.

 

Example 21: Carol was issued a second TLB for the month of August. In September, Carol’s ABAWD status changes to ‘Exempt’ after she reports and verifies participation in an AODA treatment program. During her March FS renewal, Carol reports that AODA treatment ended in October. An overpayment is not established for FS benefits issued from October through March because she was not required to report the change in exemption status due to reduced reporting.

 

3.17.1.16 FS Clock System Updates and Statuses

FoodShare Clock ‘System Status’ updates to the FS clock may occur when:

 

 

FS Clock System Statuses

 

Active in FSET Individual is participating in FSET for the current month, and is expected to meet the ABAWD work requirement by the end of the month. This is only set if the individual is in their 3rd TLB month, 3rd Additional month, or Extended Benefit month.
Additional Month Individual has exhausted all TLB months and has been granted 3 consecutive months of additional benefits due to meeting the ABAWD work requirement.
Exempt Individual verified an exemption and is not required to meet the ABAWD work requirement for the month.
Extended Benefit Month Individual has used 3 TLB and 3 Additional Months, has participated in FSET in the 2nd and 3rd Additional Month, and is expected to participate in FSET the month this status is applied.
Ineligible Individual is ineligible for FS.
Met FSET Requirement Individual met the ABAWD work requirement by participating in FSET.
Met Work Requirement Individual met the ABAWD work requirement by working and/or participating in a work program.
Partial Month FS Issued Individual received a partial month of FS benefits. This is not a countable month.
Time-Limited Benefit Individual received a full month of FS as a non-Exempt ABAWD and did not meet the ABAWD work requirement.

 

 

This page last updated in Release Number: 15-01

Release Date: 01/22/15

Effective Date: 07/01/14


Notice: The content within this manual is the sole responsibility of the State of Wisconsin's Department of Health Services (DHS). This site will link to sites outside of DHS where appropriate. DHS is in no way responsible for the content of sites outside of DHS.

Publication Number: P-16001