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 Three Months of Time-Limited Benefits

3.17.1.12 Three Additional Months of FoodShare Benefits

3.17.1.13 FSET Participation and FoodShare Eligibility for ABAWDs

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

3.17.1.15 Additional ABAWD Reporting Requirement

3.17.1.16 FoodShare Clock System Updates and Statuses

3.17.1.17 Countable Months from another State

 

3.17.1.1 Able-Bodied Adults without Dependents (ABAWDs)

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 benefits. Non-exempt ABAWDs who do not meet the work requirement will receive up to three 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

Note: This section previously contained information related to the pilot implementation of the ABAWD work requirement and the implementation of the new regional structure. The pilot period concluded on March 31, 2015 due to the statewide implementation on April 1, 2015.

3.17.1.3 ABAWD Status

Non-ABAWD: A member 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 FoodShare eligibility after receiving three months of TLBs in a 36-month period.

 

Note: An individual may request a fair hearing if he or she disagrees with the IM agency’s determination of ABAWD status. (see 6.4.1 Fair Hearings)

3.17.1.4 Determining ABAWD Status

Non-ABAWD: A FoodShare applicant or member is determined a non-ABAWD if he or she meets any one of the following criteria, as determined by the IM agency:

 

• Under age 18* or age 50** and older;
• Unable to work;
• Residing in a food unit with a child under age 18***; or
• Pregnant.

 

*Age 18: ABAWD status applies the month following the month the FoodShare member or applicant turns age 18.

**Age 50: ABAWD status no longer applies the first day of the month an ABAWD turns age 50.

*** Individuals who reside with and are included in the same food unit as a child under age 18 are non-ABAWDs, even if that child is ineligible for FoodShare. See section 3.3.1.1 for food unit requirements.

 

Non-ABAWDs are 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.

 

Note: Individuals who are coded as out of the home, including children placed in foster care and out of home tax dependents and co-filers, do not make an individual a non-ABAWD.

3.17.1.5 ABAWD Exemptions from Time-Limited FoodShare Benefits

Exempt ABAWD: A FoodShare member is determined an exempt ABAWD if he or she is an ABAWD who meets at least one of the following criteria, as determined by the IM agency:

 

• Determined unfit for employment, which includes someone who is:
• • Receiving temporary or permanent disability benefits from the government or a private source;
  • Mentally or physically unable to work, as determined by the IM agency;

  • Displays mental instability, combativeness, or other mental health issues; the IM worker should consider the member unfit for work and document an exemption, without requiring verification from a health care professional;

  • • Per direction from FNSFood and Nutrition Service

  • Verified as unable to work by a statement from a health care professional or a social worker (may use form F-01598 Medical Exemption from Work Requirement for ABAWD to verify);

  • Experiencing chronic homelessness;

  • • A person is chronically homeless if he or she currently lacks a fixed, regular nighttime residence and does not expect to have a regular nighttime residence in the next 30 days. This includes people who are in a temporary housing situation.

• Receiving Unemployment Compensation (UC) or has applied for UC and is complying with UC work requirements;
• • Note: If UC is denied or has ended, the member is no longer exempt regardless of the reason.
• Regularly participating in an alcohol or other drug abuse (AODA) treatment or rehabilitation program;
• A student of higher education who is otherwise eligible for FoodShare (see section 3.15.1);
• A high school student 18 years of age or older, attending high school at least half-time;
• Primary caregiver of a dependent child under age 6 or an incapacitated person (may be part of the food unit or in a separate household);
• Meeting the ABAWD work requirement outside of FSET through work and/or other allowable work program participation.

 

Note: As a best practice, workers should document exemptions in case comments.

 

Example 1: An IM worker conducts a FoodShare renewal interview over the telephone with Jolene. Jolene explains that she is homeless and currently sleeping at a temporary shelter at night and does not know when she will find permanent housing. The worker determines Jolene is chronically homeless and an exempt ABAWD.

 

Example 2: An IM worker conducts a FoodShare application interview over the telephone with Andrea. Andrea explains that she is homeless and currently sleeping on the couches of three different friends and does not know when she will find permanent housing. The worker determines Andrea is chronically homeless and an exempt ABAWD.

 

Example 3: An IM worker conducts a renewal FoodShare interview over the telephone with Ronald. Ronald explains that he is living at his friend’s house, but he is not on the lease and cannot use it as a mailing address. Ronald plans to continue living with his friend. The worker determines that Ronald is not chronically homeless.

 

Exempt ABAWDs are 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 during months in which they have a verified exemption. Workers must apply an exemption on the first of the month in which the exemption began, regardless of when the exemption is reported or whether it is verified timely. Correct determination of ABAWD exemptions impacts whether or not members are subject to TLBs. ABAWDs may cycle on and off FoodShare benefits and may gain or lose exemptions for a variety of reasons.

 

FoodShare members who have a pending exemption receive a referral to the FSETFoodShare Employment and Training program as non-exempt ABAWDs. Once an exemption is verified, a referral update is sent to notify the FSET agency of the status change.

 

Note: For situations where more than one individual shares care giving responsibilities for a child under age six or an incapacitated person, the agency should work with the member to determine which individual has primary responsibility for care of the child or incapacitated person. The other individual’s care giving responsibilities can be seen as work and the hours can count towards meeting the work requirement, see 3.17.1.8 ABAWD Definition of Working. In most situations, only one individual may claim exemption under this provision for the care of an incapacitated individual. However, there may be an exception with medical documentation which specifies that more than one person is needed to provide the required care.

 

Non-exempt ABAWD: A FoodShare member is a non-exempt ABAWD if he or she is an ABAWD but is not currently meeting the ABAWD work requirement and does not have an exemption from the work requirement, as determined by the IM agency. Non-exempt ABAWDs are 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 need to meet the ABAWD work requirement to maintain ongoing eligibility for FoodShare. One of the ways these members can meet the ABAWD work requirement is through FSET participation.

 

All non-exempt ABAWDs receive a referral to the FSETFoodShare Employment and Training program. Non-exempt ABAWDs are not required to participate in FSET as a condition of FoodShare eligibility. However they may lose eligibility for FoodShare due to failing to meet the ABAWD work requirement after exhausting three 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 in a 36-month period.

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

Non-ABAWD and exempt ABAWD status may be verified in any of the following ways:

 

• Agency form,

• Statement from health care, social worker, or AODA professional.

• Employer form/paystub/taxes/EVF-E,

• Upon receipt by using data exchanges,

• By using information known to the IM agency,

• Collateral contact, or

• Other acceptable written statement.

 

As long as an exemption exists for part of a month, the member is exempt for the entire month. Upon receipt of the exemption verification, workers must determine when the individual initially became exempt and remove TLBs that were incurred while the individual was exempt. An exemption will not be applied until it is verified, so an ABAWD with a pending exemption will receive 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 until the verification is received.

 

IM agency staff may use the FSET provider as a collateral contact or to provide an acceptable written statement to assist in the determination of ABAWD exemptions. The IM worker makes the final determination whether to apply an exemption to the member’s case.

 

Another option to verify if a member is physically or mentally unable to work is the Medical Exemption from Work Requirement for ABAWD form (F-01598). The form is not required, and IM workers must accept other forms of verification for this exemption.

 

The effective date of an exemption is the first of the month the exemption situation exists as long as verification is provided. The FoodShare Clock Page may need to be adjusted once verification of an exemption is provided. (3.17.1.14)

 

Once workers receive verification they must determine when the individual became exempt and adjust the individual’s current FoodShare Clock by removing TLBs that were incurred while the individual was exempt. Workers should adjust TLB month statuses but not supplement past benefit months. See 3.17.1.14 Adjusting or Deleting the FoodShare Clock Page (36-Month Period).

 

Example 4: 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 started regularly participating in an AODA treatment program on August 10 and is sent a verification request with a due date of September 5. If Angela submits verification, 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.

 

Example 5: Olive received three TLBs in May, June, and July 2015. As a result, she became ineligible for FoodShare benefits in August 2015. In November 2017, Olive reapplied for FoodShare benefits. Her food unit now includes her daughter who was born in September 2015. During her in-person application, Olive mentioned her 2-year-old daughter and her date of birth. The worker discovered Olive could claim an exemption for the three TLBs incurred in 2015 because she was pregnant at that time. Upon request, Olive provides a copy of her daughter’s birth certificate. Because Olive never actually incurred a TLB, the worker deletes Olive’s FoodShare Clock and documents that Olive’s daughter’s birth certificate was used to verify an exemption for May, June, and July 2015 in Case Comments.

 

Example 6: Chip is an ABAWD who needs to meet the work requirement. He was referred to FSET in June 2017 and earned TLBs in June, July, and August 2017. He started work and met the ABAWD work requirement in September 2017.   On December 1, 2017, Chip reports that his 14-year-old daughter had moved into his apartment in July 2017. The worker adds Chip’s daughter to his food unit and overrides the status of the FoodShare Clock to “EX-Exempt” for the months of July and August 2017. The worker notes the removal of the July and August TLBs in Case Comments.

 

3.17.1.7 ABAWD Work Requirement

In addition to FoodShare work requirements (3.16.1) ABAWDs are required to meet an additional ABAWD work requirement as a condition of FoodShare 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 FSETFoodShare Employment and Training, Refugee Employment and Training, W-2Wisconsin Works, Trial Employment Match Program (TEMP), Children First, WIOAWorkforce Innovation and Opportunity Act 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 FoodShare is limited to three 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 in a 36-month period if an ABAWD is not meeting the ABAWD work requirement and does not have a qualifying exemption. The three TLB 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 FoodShare benefits and he or she:

 

1. Is not meeting the ABAWD work requirement; and

2. Does not meet an exemption from the ABAWD work requirement; or

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

 

Note: Pro-rated FoodShare benefits are not counted as TLB months.

 

Example 7: Linda, a non-exempt ABAWD, applied for FoodShare 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 is a non-exempt ABAWD who earned two TLBs in November and December. On January 5, Libby reports and verifies that her roommate’s child moved into her home on December 21. Libby, her roommate, and her roommate’s child are in the same food unit. Libby’s status changes to non-ABAWD effective December 1, the month the exemption existed.

3.17.1.10 The 36-Month Period (Clock)

During a 36-month period, an ABAWD may continue receiving FoodShare benefits or regain eligibility after exhausting the three 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 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

The 36-month period begins for individuals who are:

 

• Eligible for FoodShare;

• Determined to be a non-exempt ABAWD;

• Not meeting the work requirement; and

• Not meeting an ABAWD exemption.

 

Once started, the period continues uninterrupted for 36 months, regardless of FoodShare eligibility status, ABAWD status, or whether the work requirement or an ABAWD exemption is met. The exceptions to this are if the FoodShare clock was created in error or if an exemption is verified for past months so the individual did not earn a TLB. See section 3.17.1.14 Adjusting or Deleting the FoodShare Clock Page. The period ends after 36 months have elapsed.

 

Example 9: Audrey, a non-exempt ABAWD, applies and is determined eligible for FoodShare effective July 2, 2015. July is a partial month. Audrey does not meet the ABAWD work requirement in August. Audrey’s 36-month period begins August 1, 2015 and runs continuously through July 31, 2018, regardless of changes in ABAWD status or FoodShare 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:

 

• Is eligible for FoodShare;

• Is not meeting an ABAWD exemption;

• Is not meeting the work requirement; and

• Is determined to be a non-exempt ABAWD.

 

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

 

• Ineligible for FoodShare;

• Determined to be a non-ABAWD;

• Meeting the work requirement; or

• Meeting an exemption.

 

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 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 are not consecutive due to several factors including: FSET participation, gaining and losing employment, FoodShare ineligibility, and an exemption (receipt of unemployment compensation). Three consecutive additional months (3.17.1.12) are granted after FoodShare eligibility is regained due to meeting the work requirement.     Year 1:   January 1 Eligibility for FoodShare 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 FSETFoodShare Employment and Training participation requirement is met. May through August ABAWD work requirement met by working 80 hours or more per month. September through December Ineligible for FoodShare due to being over the income limit.   Year 2:   January through April Receives UCUnemployment Compensation. January 15 Reapplies and is eligible for FoodShare. April 5 Reports that UCUnemployment Compensation benefits ended. May No longer exempt and a second TLB is issued. June through September ABAWD 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 ABAWD 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 FoodShare are issued. May through December Ineligible for FoodShare because the ABAWD work requirement is not met and no exemptions exist. December 31 The 36-month period ends.

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

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

 

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

• Working (3.17.1.8) a minimum of 80 hours in the 30-day period;

• Participating in and complying with requirements of an allowable work program (3.17.1.8) for at least 80 hours in the 30-day period (3.17.1.7). FoodShare eligibility is a required prerequisite to FSET enrollment, so an ABAWD cannot regain eligibility through FSET participation after FoodShare closes. Keep in mind, this is only for non-exempt ABAWDs who have exhausted their three TLBs; or

• A combination of work and participation in an allowable work program for a minimum of 80 hours in the 30-day period;

• Currently meeting an ABAWD exemption at the time of the application and providing verification of the exemption;
• Providing verification of an exemption that removes one or more TLBs; or
• The ABAWD’s 36-month period expires.

 

An ABAWD who has exhausted three 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 food unit, the ABAWD will be counted as a pro-rated deemer. See 4.7.5 Prorated Deeming.

 

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

 

Example 14: Gracie received three TLBs for November, December, and January. FoodShare closes January 31. Gracie claims an exemption when she re-applies for FoodShare 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 FoodShare 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. FoodShare 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 food unit. 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 three 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 ABAWD work requirement, and then stops meeting the ABAWD work requirement, may receive up to three additional consecutive months of FoodShare eligibility, during which he or she is not required to meet the ABAWD work requirement.

 

The three additional months of FoodShare eligibility will be determined by CWWCARES Worker Web and:

 

1. Apply only to ABAWDs who have exhausted three months of TLBs, regained FoodShare eligibility by meeting the ABAWD work requirement (3.17.1.11) , and then stopped fulfilling that ABAWD work requirement while receiving FoodShare; and

2. May only be received one time during a 36-month time period; and

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

3.17.1.13 FSET Participation and FoodShare Eligibility for ABAWDs

Participation in the FSET program is voluntary. All FoodShare members over the age of 16 who do not need to meet the ABAWD work requirement can be referred to FSET for services at their request.

 

Non-exempt ABAWDs must be referred to the FSET program, and they may choose to meet the ABAWD work requirement by participating in FSET. A non-exempt ABAWD enrolled in FSET must participate in qualifying activities in order to meet the ABAWD work requirement and maintain on-going FoodShare eligibility. See the FSET Handbook for more information on qualifying activities.

 

FSET agencies must enter participation information for all FSET participants in the FSET tool of CWW. This information will be sent to CWWCARES Worker Web to determine FoodShare eligibility. IM workers can check the FoodShare Clock page to see ABAWD participation status if FoodShare eligibility is affected by FSET compliance. See 3.17.1.16 FoodShare Clock System Updates and Statuses.

 

Anticipated to Meet the ABAWD Work Requirement through FSET Participation

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

 

Note: Non-exempt ABAWDs in the third additional month must also have met the FSET participation requirement during the second additional month in order to be eligible for on-going FoodShare benefits by participating in FSET beyond the three additional months.

 

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

 

If the FSET agency assumed in the third month that the participant will not meet the ABAWD work requirement and at the end of the month the participant met the ABAWD work requirement. The IM worker must process the case to make sure the individual’s benefits continue. The FSET agency will notify the IM agency if this circumstance occurred. The IM worker must ensure that the FoodShare Clock System Status is accurate and may need to adjust the status to reflect the FSET participation.

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

Deleting or adjusting the FoodShare Clock page may be required to accurately reflect ABAWD status and FoodShare 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 during that month. The 36-month clock starts when an ABAWD is issued their first TLB. The 36-month clock should be deleted if proof of the exemption is submitted and no other TLBs exist.

 

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

 

Example 17: Julie applies for FoodShare 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 FoodShare 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 and her 36-month clock is deleted.

 

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

 

Example 18: Gus and Lucy are receiving FoodShare together and both are non-exempt ABAWDs. They each have their own 36-month clock that begins on September 1, 2015. Gus moves out of the home and is removed from the food unit on December 10, 2015; he does not apply for FoodShare on another case. He moves back in with Lucy on June 10, 2016 and is added back to her food unit. He will have the same clock with the September 1, 2015 begin date and his clock will show his monthly status as ‘Ineligible’ from January 1, 2016 through June 30, 2016.

 

Adjusting the FoodShare Clock due to Verification Receipt

 

The FoodShare Clock may need to be adjusted or deleted when a worker receives verification of an exemption which caused:

• The 36-month clock to begin in error, or

• A month being counted as a TLB month when an exemption existed.

 

IM workers may make adjustments to the FoodShare Clock by overriding a System Status. They should identify the cause of the incorrect clock status and override the FoodShare Clock System Status to the correct status. More than three “Time-Limited Benefit” statuses cannot be entered on a FoodShare Clock. Workers should document changes to the clock in the case record.

 

Workers must document the steps they took to apply an exemption:

• If the exemption only applies to past months, workers must note in Case Comments how they verified the exemption and the months in which the exemption was effective. Workers should not update the corresponding pages in CWW.

• If the exemption applies to the current month and past months, workers must note in Case Comments how they verified the exemption and the months in which the exemption was effective. Workers must also update the appropriate pages in CWW, using the current month as the Begin Month, and then run and confirm eligibility on the case (so that the exemption will apply to future months as well).

 

Adjusting the FoodShare 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 FoodShare Clock Page. The IM worker can make the adjustment to the appropriate clock status.

 

Clock Adjustments

The clock is updated several times each month and because these updates are triggered based on the system statuses, it is critical that IM workers thoroughly review the clock to determine correct system statuses before making any adjustments. System statuses that are incorrectly updated may result in a case not being scheduled for the correct batch run(s) and may also affect an individual’s FoodShare eligibility. Any time that a manual adjustment to a clock is needed, IM workers must enter case comments to explain the action taken.

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 when 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 ABAWD 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 19: Carol was issued a second TLB for the month of August. In September, Carol’s ABAWD status changes to ‘Exempt’ after she reports and provides verification of participation in an AODA treatment program which started on September 7. During her March FoodShare renewal, Carol reports that AODA treatment ended in October. An overpayment is not established for FoodShare 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 FoodShare Clock System Updates and Statuses

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

• Eligibility is run and confirmed for the recurring or current month;

• The new batch job runs on the second Saturday of the month to collect prior month’s information from the “Work Requirement Met?” field on the FSET Tool’s Track Participation and Good Cause page,

• The new batch job runs on adverse action to collect current month information from the “Anticipated to Meet Work Requirement?” field on the FSET Tool’s Track Participation and Good Cause page, or

• Eligibility is run and confirmed in the adverse action batch run.

 

FoodShare 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 third TLB month, third additional month, or extended benefit month.
Additional Month	Individual has exhausted all TLB months and has been granted three 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 three TLB and three additional months, has participated in FSET in the second and third additional month, and is expected to participate in FSET the month this status is applied.
Incarcerated	Individual was incarcerated for 30 days or less.
Ineligible	Individual is ineligible for FoodShare .
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 FoodShare Issued	Individual received a partial month of FoodShare benefits. This is not a countable month.
Time-Limited Benefit	Individual received a full month of FoodShare as a non-exempt ABAWD and did not meet the ABAWD work requirement.

 

3.17.1.17 Countable Months from another State

Time-limited months and additional months received in another state are countable months if the ABAWD already had a 36-month clock established in Wisconsin prior to moving to the other state. In this case, the IM agency must verify the number of countable months the individual received in the other state. If the individual did not establish a 36-month clock prior to moving to another state, the IM agency would not need to verify countable months received in the other state.

 

 

This page last updated in Release Number: 18-01

Release Date: 01/08/2018

Effective Date: 01/08/2018

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Publication Number: P-16001