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State of Wisconsin |
Release 24-03 |
An ABAWD is an Able-bodied Adult Without Dependents:
| Able-bodied |
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| Adult |
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| Without Dependents |
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*The Fiscal Responsibility Act of 2023 changed the age range for ABAWD members.
When a new age range period begins, existing FoodShare members that are older than the new age range will not be subject to the adjusted age range until they complete a renewal.
| Example 1 | Anna applied for and was determined eligible for FoodShare benefits in June 2023. Anna is 53 years old at the time of application. Anna is not an ABAWD due to her age because until October 1, 2024 the age range for ABAWDs was 18 to 52 years old. Even though the age range for ABAWDs increased to age 54 as of October 1, 2024, Anna cannot be considered an ABAWD until she completes her renewal. Anna completes the required renewal in June 2025. Anna is now 54 years old. Anna is not working and does not meet any other exemptions. Anna is determined to be an ABAWD effective the start of her next certification period on July 1, 2025. |
| Note | The FoodShare work requirement is also sometimes referred to as the ABAWD work requirement. |
ABAWDs must either meet the FoodShare work requirement or an exemption from the FoodShare work requirement to continue to receive FoodShare benefits. ABAWDs who do not meet the work requirement may only receive up to three full months of time-limited benefits (TLBs) in the current FoodShare clock three-year period.
In addition to FoodShare basic work rules (see Section 3.16.1 FoodShare Basic Work Rules), ABAWDs are required to meet an additional FoodShare work requirement as a condition of FoodShare eligibility.
An ABAWD is meeting the FoodShare work requirement if one of the following applies:
*Allowable work programs include FSET, Refugee Employment and Training, W-2, Trial Employment Match Program (TEMP), Children First, WIOA programs, Refugee Cash Assistance programs, and programs under section 236 of the Trade Act.
For ABAWDs, working is defined as one of the following:
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.
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 a change in exemption (see Section 6.1.1 Change Reporting for All Food Units (Simplified)).
| Example 2 | Paul is an ABAWD and was working full time at the outdoor city pool. The pool closed after Labor Day in September, and Paul did not find a new job. As a result, Paul only worked 30 hours for the month of September. Paul must report his drop-in work hours by October 10. |
An overpayment claim should not be established if benefits were issued for a month that the ABAWD was not exempt or meeting the FoodShare work requirement due to a change in exemption or ABAWD status that was not required to be reported.
Adverse action rules continue to apply.
Identification and correct determination of ABAWD exemptions impacts whether members are subject to TLBs and maintain eligibility for benefits. Members may cycle on and off FoodShare benefits and may gain or lose exemptions for a variety of reasons.
A FoodShare applicant or member is determined exempt from the FoodShare work requirement if they meet any one of the following exemption criteria, as determined by the IM agency:
| Note | The definition of homelessness for the FoodShare work requirement exemption is the same as the definition of homelessness used for residency (see Section 3.2.1.3 Homelessness for the complete definition). |
| Note | For situations where more than one person shares caregiving responsibilities for a child under age six or a person who can't care for themself, the agency should work with the applicant or member to determine which person has primary responsibility for care of the child or person who can't care for themself. The other person's care giving responsibilities can be seen as work and the hours can count towards meeting the FoodShare work requirement, (see Section 3.17.1.2.1 Definition of Working for FoodShare Work Requirement for ABAWDs). In most situations, only one person may claim exemption under this provision for the care of an person who can't care for themself. However, there may be an exception with medical documentation which specifies that more than one person is needed to provide the required care. |
Workers must document exemptions in case comments.
| Note |
If an person's child is coded as out of the home, including children placed in foster care and children coded as out of home tax dependents, the applicant or member would be considered an ABAWD unless otherwise exempt. Persons who reside in an area where the time limit of the FoodShare work requirement is suspended or are a tribal member living on tribal land where the time limit of the FoodShare work requirement is suspended are not considered exempt. Rather, if no other exemptions are met they would be an ABAWD who is not subject to the time limit and they would not accrue TLBs. |
| Example 3 | 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 exempt from the FoodShare work requirement due to being homeless. |
| Example 4 | 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 homeless. |
Verification of exemptions from the FoodShare work requirement is not required unless otherwise noted as a part of eligibility requirements or deemed questionable.
If a reported exemption is determined to be questionable, examples of verification include the following:
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, if questionable.
ABAWD Hours Worked must be verified. Some types of acceptable verification include:
As long as an exemption exists for part of a month, the member is exempt for the entire month. If the ABAWD meets the 80-hour FoodShare work requirement, the ABAWD cannot accrue a TLB for that month. When applying an exemption or verified work hours, workers must determine when the individual initially became exempt or began meeting the work requirement and remove TLBs that were incurred while the individual was exempt or meeting the FoodShare work requirement. If an IM worker deems an exemption questionable, an exemption or status change will not be applied until it is verified. An ABAWD with an exemption deemed questionable will receive TLBs 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 or verification of work hours. The IM worker makes the final determination whether to apply an exemption or status change to the member’s case.
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 (see Section 3.17.1.13 ADJUSTING FOODSHARE CLOCK PAGE).
| Example 5 | Angela is an ABAWD who is not meeting the FoodShare work requirement and does not claim an exemption during her application interview on July 7. A referral is sent to FSET. Angela receives the FSET referral letter, which lists the ABAWD exemptions. On August 25, Angela reports to her IM worker that she started regularly participating in an AODA treatment program on August 10. The IM worker did not determine the reported exemption to be questionable. Angela will be treated as a non-ABAWD as of August 1 due to having an exemption. |
| Example 6 | Olive applies and is determined eligible for FoodShare beginning April 19. During the application interview Olive reports that she is pregnant. The IM worker determines that Olive's pregnancy meets the exemption and that it is not questionable. Olive will be a non-ABAWD effective April 1. |
| Example 7 | Chip is an ABAWD who needs to meet the FoodShare work requirement. He did not work or have an exemption and earned TLBs in June, July, and August. He started working 25 hours per week and met the FoodShare work requirement in September. On December 1 of that same year, Chip reports that his 14-year-old daughter had moved into his apartment in July. The worker adds Chip’s daughter to his food unit and adjusts the status of the FoodShare Clock to “EX-Exempt” for the months of July and August. The worker notes the removal of the July and August TLBs in case comments. |
ABAWDs can report good cause hours for a month they were not meeting the Foodshare work requirement, and a TLB was applied. Good cause hours that are applied to a case may allow an ABAWD to meet the FoodShare work requirement and maintain FoodShare eligibility if they are unable to temporarily meet the work requirement. ABAWDs can report good cause hours at any time, even after Foodshare eligibility has closed due to receiving three TLBs.
Good cause hours may be granted for circumstances beyond the member’s control that resulted in the member missing work or work activity hours such as, but not limited to:
When making decisions about granting good cause hours, IM workers must consider all facts and circumstances and seek additional information from other sources for clarification, as needed. IM agencies may request verification of good cause hours if it is deemed questionable.
IM and FSET workers can only apply up to a combined total of 40 good cause hours toward a member’s TLB month. If the member meets the work requirement, with the addition of the up to 40 good cause hours, the member’s TLB month is removed.
| Example 8 | Adrian, an ABAWD working part-time at 25 hours per week, applied for FoodShare on January 10. During the months of February and March he received TLBs because he did not work sufficient hours to meet the work requirement. Adrian had car issues in March that resulted in him needing to use the bus. Because the bus route did not align with his work schedule, Adrian temporarily reduced his work hours to 17 hours per week. On April 4, Adrian called the IM agency and reported good cause hours for the month of March (his second TLB month) due to transportation issues. The worker determined the good cause hours not questionable. The worker applied the reported good cause hours, along with his verified part-time employment, to meet the work requirement for the month of March and remove the TLB. Adrian has two TLBs left during the current three-year fixed clock period. |
If a member requests greater than 40 hours of good cause. the IM worker must have a conversation with the member to determine if the issue is temporary or chronic and if an exemption should be applied. See section 3.17.1.3 Determining Exemptions from the FoodShare Work Requirement for allowable exemptions.
| Example 9 | Joe is an ABAWD member that had a serious illness that prevented them from meeting the work requirement for more than 40 hours in one month would be considered unfit for unemployment due to physical or mental illness. An exemption must be applied. If the member had a temporary transportation issue resulting in a request of over 40 hours of good cause for a month, a discretionary exemption must be applied for that month because transportation issues are not a qualifying exemption from the FoodShare work requirement. |
If the good cause request is a chronic issue, the IM worker must first determine if the individual qualifies for an exemption in section 3.17.1.3 Determining Exemptions From the FoodShare Work Requirement. If the individual does not meet one of the exemption criteria, the IM worker must not apply a discretionary exemption to the case. IM workers must discuss alternative options for mitigating the impact of the barrier such as referring the member to the local FSET agency, discussing other work requirement participation options, and referrals to outside government and community agencies.
ABAWD eligibility for FoodShare is limited to three months of TLBs in the current three-year clock period if an ABAWD is not meeting the FoodShare work requirement and does not have a qualifying exemption. The three TLB months do not have to be consecutive.
An ABAWD will accrue a TLB month any month in which the ABAWD received a full month of FoodShare benefits and the member:
An ABAWD will not accrue a TLB month any month in which the ABAWD does one of the following:
| Example 10 | Linda, an ABAWD who is not meeting the FoodShare work requirement, applied for FoodShare and was found eligible with a 12-month certification period of July 2 through June 30. Linda’s first TLB month is August because July benefits were prorated. |
| Example 11 | Libby is an 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 began. |
ABAWDs may only receive FoodShare benefits for three-months in a three-year period unless meeting the FoodShare work requirement or meeting an exemption.
Wisconsin established a fixed, statewide time limit clock for the three-year period. Wisconsin’s fixed three-year clock will start and end on the same dates for all relevant individuals, regardless of when their eligibility began or when they accrued time-limited benefit months. When the new or subsequent three-year period starts, individuals or members that have accrued time-limited benefits will have their count reset to zero. A new three-year period will start after the current three-year period expires.
Under the fixed clock, the time limit will continue to only apply to ABAWDs with a Time Limited Benefit (TLB) referral or ABAWDs with a non-TLB referral due to meeting the work requirement. The statewide clock will have no impact on an adult who is a non-ABAWD or an ABAWD with a non-TLB referral due to living in a waived area or on waived tribal lands.
The table below displays the three-year clock start and end dates through 2042 for reference.
| Three-Year Clock Start | Three-Year Clock End |
| January 1, 2022 | December 31, 2024 |
| January 1, 2025 | December 31, 2027 |
| January 1, 2028 | December 31, 2030 |
| January 1, 2031 | December 31, 2033 |
| January 1, 2034 | December 31, 2036 |
| January 1, 2037 | December 31, 2039 |
| January 1, 2040 | December 31, 2042 |
| Example 12 | Betty does not meet the FoodShare work requirement in August of 2025, September of 2025, and December of 2025. The applicable 3-year time period for Wisconsin’s FoodShare program began on January 1, 2025, and will end on December 31, 2027. Betty will be ineligible for FoodShare starting January 2026 through December 2027 unless she starts meeting the work requirement or obtains a qualifying exemption. All applicable members’ clocks, including Betty’s, will reset to zero when the subsequent three-year period begins on January 1, 2028. |
| Example 13 | Wisconsin’s current three-year clock began on January 1, 2025, and will end on December 31, 2027. Kya applied for FoodShare and was found eligible as an ABAWD as of February 13, 2027. Kya’s FoodShare closed on May 31 after three TLBs were issued for March, April, and May. Kya will be ineligible for FoodShare starting June 2027-December 2027 unless she starts meeting the work requirement or obtains a qualifying exemption. All applicable members’ clocks, including Kya’s, will reset to zero when the subsequent three-year period begins on January 1, 2028. |
| Example 14 |
Wisconsin’s current three-year clock began on January 1, 2025, and will end on December 31, 2027. Tom applied for FoodShare and was found eligible as a non-ABAWD as of October 13, 2026. Wisconsin’s three-year clock will not impact Tom as long as he remains a non-ABAWD. Tom’s exemption ends on January 12, 2027. Tom’s status changes to an ABAWD with a TLB referral beginning February 1, 2027. He becomes subject to the current three-year clock, which runs until December 31, 2027. |
The table below provides an example of potential changes in ABAWD status that may occur during one three-year period. Three consecutive additional months (see Section 3.17.1.9 Three Additional Months of FoodShare Benefits) are granted after FoodShare eligibility is regained due to meeting the work requirement.
| Year | Jan | Feb | Mar | Apr | May | Jun | Jul | Aug | Sep | Oct | Nov | Dec |
| 1 | Start | - | - | - | Partial | TLB1 | TLB2 | TLB3 | x | x | x | x |
| 2 | x | x | Partial | FSET | FSET | FSET | FSET | FSET | FSET | FSET | Work | Work |
| 3 | A1 | A2 | A3 | Exempt | Exempt | Exempt | Exempt | Exempt | x | x | x | End |
Year 1
| January 1 | Current three-year period begin date. All FoodShare clocks are reset to zero. |
| January through April | Not open for FoodShare. |
| May | FoodShare filing date is May 17. Determined eligible as an ABAWD with a TLB referral type due to not meeting the work requirement. A TLB is not accrued this month because prorated benefits were received. |
| June, July, and August | Accrues a TLB each month due to not meeting the work requirement. |
| September through December | Ineligible due to exhausting three TLBs. |
Year 2
| January through February | Continued ineligibility due to exhausting three TLBs. |
| March | Reapplies for FoodShare on March 7 and is determined eligible as an ABAWD with a TLB referral. Met requirement for reinstating eligibility due to providing verification that the work requirement was met for 30-days following loss of eligibility. |
| April through October | Meeting ABAWD work requirement through FSET participation. |
| November through December | Obtained employment and is meeting ABAWD work requirement by working 80 or more hours per month. |
Year 3
| January through March | Lost employment and is no longer meeting the ABAWD work requirement. Receiving three additional months of benefits. Months of additional benefits must be consecutive. |
| April through August | Exempt from FoodShare basic work rules and FoodShare work requirements due to caring for child under six years. |
| September through December | Ineligible due to exhausting three TLBs, three additional months, and no longer meeting an exemption. |
| December 31 | The three-year month period ends. Clocks will be resent to zero on January 1 of the next three-year period. |
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 FoodShare as a food unit of one unless the case has been closed less than 30 days and can reopen under break in service (see Section 2.3.1 Break in Service). If an ABAWD is requesting FoodShare on an on-going case, follow the person add policy to re-establish FoodShare eligibility (see Section 6.1.3.3 Changes That Cause an Increase in Benefits, Including Person Adds and Loss of Income).
ABAWDs who have exhausted three months of TLBs during the current three-year period may regain eligibility by completing one of the following:
An ABAWD who is meeting one of the above requirements does not have to be meeting the work requirement at the time of re-application. 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 Section 4.7.5 Prorated Deeming). If the ineligible ABAWD’s food unit remains open through the three-year clock restart, the previously ineligible ABAWD will become eligible the month the subsequent clock begins and may begin accruing TLBs if not meeting the work requirement or exempt.
| Note | If an individual has exhausted their three TLBs, is reapplying or re-requesting FoodShare, and has a pending exemption or non-ABAWD status, the manual CARES Worker Web (CWW) letter, FSET PROOF OF EXMPT – NFST, must be sent to request verification. To send this letter in Spanish, use the manual NFSS letter. |
| Example 15 | 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 same three-year clock cycle. Stella is not meeting the work requirement at reapplication, but during the FoodShare interview Stella reports that she gained seasonal employment of 20 hours per week from November 8 through December 28. Verification of the employment is requested by the IM worker. Stella is determined eligible following verification of her complete work hours because she worked 30 consecutive days prior to application. Stella's FoodShare eligibility will be effective from her filing date as long as she meets all other eligibility criteria. |
| Example 16 | Gracie received three TLBs for November, December, and January. Her FoodShare closed January 31. Gracie claims an exemption for all three months due to a hip surgery and recovery period when she re-applies for FoodShare on February 10 and provides verification from her medical provider. The status of the FoodShare Clock is adjusted to apply the exemption for the months of November, December, and January. The removal of the TLBs is documented in the case comments. Gracie's eligibility will be effective from her break-in-service date of February 10. |
| Example 17 | 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 of the same year, 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 for FoodShare because he is not fully meeting the FoodShare work requirement. He will continue to be a pro-rated deemer until the three-year clock restarts and resets his TLB count to zero unless he meets the work requirement or meets an exemption. |
In certain cases, an ABAWD who has exhausted three months of TLBs and regains eligibility by meeting the FoodShare work requirement may receive up to three additional consecutive months of FoodShare eligibility even if they are no longer meeting the work requirement. The person is not required to meet the FoodShare work requirement during the three additional months of FoodShare.
The three additional months of FoodShare eligibility will be determined systematically if the following conditions are met.
| Example 18 | Several months after losing FoodShare eligibility due to exhausting three TLBs in the current clock period, Dani began meeting the work requirement through a local volunteer opportunity and regained eligibility in October 2026 by demonstrating that she was on track to meet the FoodShare work requirement within 30 days of the new filing date. Dani ended her volunteer position in December 2026 and no longer met the FoodShare work requirement. Additional months are granted for Dani for the months of December 2026, January 2027, and February 2027. In February 2027, Dani found employment for more than 30 hours per week. Even though Dani’s employment exempts her from the FoodShare basic work rules and FoodShare work requirements in February, the additional months must be used consecutively. If Dani had not found employment and continued to not meet the work requirement, she would have again lost eligibility after using her third additional month in February. |
7 CFR 273.2(f)(1)(xiv)(B)
The IM worker must verify the number of time-limited benefit (TLB) months and additional months received in another state as an additional condition of eligibility for ABAWDs. Time-limited benefit months and additional months received in another state are countable months if received during Wisconsin’s current three-year fixed clock period.
Prior to certification, if there is indication that an adult food unit member aged 18-54 received SNAP in another state, the IM agency must verify the number of countable months, including additional months, that the individual received in the other state. The IM agency must specify Wisconsin’s current three-year clock period or request the month and year the countable months were received in the other state.
Verification of countable months in another state prior to certification must not delay processing of the application beyond regular timeliness processing standards.
| Note | TLB months do not need to be verified for individuals who received benefits in Puerto Rico or American Samoa. Puerto Rico and American Samoa do not operate a SNAP program. Instead, they operate a block grant for their programs, so they are not subject to the same rules and regulations as SNAP. |
| Example 19 | Zayne is 33 years old and lived in Ohio from October 2010 until he moved to Wisconsin in December of 2026. Wisconsin’s current three-year clock started on January 1, 2025, and will end on December 31, 2027. Zayne applied for FoodShare in Wisconsin on December 17, 2026. During Zayne’s FoodShare interview, he reported receiving SNAP benefits in Ohio during Wisconsin’s current three-year period. Because Zayne is an adult aged 18-54 and indicated receipt of SNAP benefits in Ohio, the worker must verify the number of countable months Zayne used in Ohio. The IM worker must also ask Ohio for Zayne’s benefit end date to complete the required duplicate benefit check at this time. The IM worker hears back from Ohio within one week and learns that Zayne earned countable months (TLBs) in April of 2026 and May of 2026. Zayne is determined eligible for FoodShare benefits in Wisconsin as an ABAWD and will receive prorated benefits for December 2026. Zayne’s Wisconsin clock will reflect two TLBs earned for April 2026 and May 2026. |
| Example 20 | Sheila is 24 years old and lived in Indiana until she moved to Wisconsin in July of 2027. Wisconsin’s current three-year clock started on January 1, 2025, and will end on December 31, 2027. Sheila applied for Foodshare July 12, 2027, and reported she was not working and did not have any exemptions from the FoodShare work requirement. During Sheila’s FoodShare interview, she reported receiving SNAP benefits in Indiana during Wisconsin’s current three-year period. Because Sheila is an adult aged 18-54 and indicated receipt of SNAP benefits in Indiana, the IM worker must verify the number of countable months Sheila used in Indiana and verify her benefit end date. The IM worker hears back and learns that Sheila earned countable months (TLBs) in September, October, and November of 2026. Sheila also used additional months in February, March, and April of 2027. Sheila does not meet policy requirements for regaining eligibility and is denied eligibility because she has exhausted her TLBs and additional months. |
States that have a suspension of the time limit of the work requirement for ABAWDS who live in geographic areas experiencing employment at higher rates than the national average do not apply the time limit during the suspension period. States that have a partial suspension for specific geographic areas may implement the time limit in portions of their state and those that do not have a waiver apply the time limit of the work requirement for ABAWDs statewide.
IM workers may use the link below to check if the other state was under a suspension of the time limit of the work requirement for ABAWDs. If a state or geographic region is covered by a suspension, no countable months (TLBs) are applied to individuals residing in the covered area.
SNAP ABAWD Suspensions
Non-ABAWD with a Non-TLB Referral Type: A member who is not an ABAWD, or has an ABAWD exemption, is not subject to TLBs, and does not need to meet the FoodShare work requirement.
Non-ABAWDs are not subject to the FoodShare work requirement or TLBs during months in which they have an exemption. Workers must apply an exemption on the first of the month in which the exemption began, regardless of when the exemption is reported.
ABAWD with a TLB referral Type: An ABAWD who is subject to TLBs and who must meet the FoodShare work requirement to maintain FoodShare eligibility after receiving three months of TLBs in the current three-year period.
A FoodShare member is an ABAWD if they do not have an exemption from the FoodShare work requirement, as determined by the IM agency. ABAWDs subject to TLBs need to meet the FoodShare work requirement to maintain ongoing eligibility for FoodShare. One of the ways these members can meet the FoodShare work requirement is through FSET participation.
All ABAWDs who are not currently meeting the FoodShare work requirement outside of FSET receive a systematic/automatic TLB referral to the FSET program. 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 FoodShare work requirement after exhausting three months of TLBs in the three-year period.
FoodShare members who have a pending exemption receive a referral to the FSET program as ABAWDs with a TLB referral type. Once an exemption is verified or no longer pending, a referral update is sent to notify the FSET agency of the status change.
| Note | An individual may request a fair hearing if they disagree with the IM agency's determination of ABAWD status (see Section 6.4.1 Fair Hearings). |
ABAWD with a Non-TLB Referral Type: An ABAWD with a Non-TLB referral type must meet one of the following conditions:
A FoodShare member is still an ABAWD, but with a Non-TLB referral type, if they are living in an area of the state where the time limit is suspended or if they are living on tribal land where the time limit is suspended. ABAWDs living in a qualifying area are not subject to TLBs during the months the suspension is in place.
A FoodShare member is still an ABAWD, but with a Non-TLB referral type, if they have been granted a discretionary exemption that is intended to function as a suspension. Discretionary exemptions are a special federal flexibility that states may allocate to ABAWDs and may be used to function similar to a suspension of the time limit.
| Note | ABAWDS living in a suspended area or on tribal land with a suspension will be identified in CWW as Non-ABAWD with a geographic waiver (GW) exemption during the period from January 2022 to June 2022 and will be correctly identified as an ABAWD with a Non-TLB referral beginning July 2022 and onward. |
| Note | The following areas have been approved for a suspension of the time limit from October 1, 2024, through September 30, 2025:
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Participation in the FSET program is voluntary. A voluntary FSET program means that an ABAWD may choose to meet the FoodShare work requirement through participation in FSET. All ABAWDs are systematically referred to FSET, so that they have the opportunity to choose to participate, as soon as possible, and not exhaust their time-limited benefit months.
A voluntary FSET program also means that FoodShare work registrants are not required to participate in FSET in order to meet the work registration requirements.
All FoodShare members over the age of 16 who do not need to meet the FoodShare work requirement can be referred to FSET for services at their request. There are two types of referrals, TLB referrals and Non-TLB referrals.
TLB referrals: ABAWDs who are not meeting the work requirement must be referred to the FSET program, and they may choose to meet the FoodShare work requirement by participating in FSET. An ABAWD with a TLB referral who enrolls in FSET must participate in qualifying activities in order to meet the FoodShare work requirement and maintain ongoing FoodShare eligibility. See the FSET Handbook for more information on qualifying and non-qualifying activities.
Non-TLB referrals: ABAWDs who are meeting the FoodShare work requirement outside of FSET, ABAWDs living in an area of the state where the time limit is waived or if they are a tribal member living on tribal land where the time limit is waived, and non-ABAWDs have the option of being referred to FSET.
FSET agencies must enter participation information for all FSET participants in the FSET tool in CWW. This information will be used to determine FoodShare eligibility. IM workers can check the FoodShare Clock page to see ABAWD status if FoodShare eligibility is affected by FSET compliance (see Section 3.17.1.14 FOODSHARE CLOCK SYSTEM UPDATES AND STATUSES).
Anticipated to Meet the FoodShare Work Requirement Through FSET Participation
Although FoodShare benefits are issued prospectively at adverse action, knowledge of actual FSET participation is retrospective. When an ABAWD is in their third TLB or third additional month* and is actively participating in FSET, the ‘Anticipated to Meet the FoodShare Work Requirement’ option should be used by the FSET worker if it is reasonably anticipated that the participant will meet the current month’s FoodShare work requirement through FSET participation. This is necessary in order for CWW to determine FoodShare eligibility prospectively for the next month (see Section 3.17.1.14 FOODSHARE CLOCK SYSTEM UPDATES AND STATUSES for active in FSET and Extended Benefit Definitions).
*ABAWDs in the third additional month must also have met the FSET participation requirement during the second additional month 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 FoodShare 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 (see Section 7.3.1 BENEFIT OVERPAYMENT).
If the FSET agency assumed in the third month that the participant will not meet the FoodShare work requirement and at the end of the month the participant met the FoodShare 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.
Adjusting the FoodShare Clock page may be required to accurately reflect ABAWD status and FoodShare eligibility for a specific month. The timing of a verification request, receipt of verification, and processing time may result in a month being counted as a TLB, even though the ABAWD is later determined to be a non-ABAWD or an ABAWD with a non-TLB referral type during that same month.
Adjusting a FoodShare Clock Month Due to Verification of an Exemption or Work Hours
A FoodShare Clock month may need to be adjusted when a worker finds an exemption questionable and then does not receive verification of the exemption until after CWW has established a TLB for that month. The clock must be adjusted to reflect the exemption or, in other circumstances, if the member met the work hour requirement.
IM workers may make adjustments to a specific FoodShare Clock month by overriding a System Status. They must identify the cause of the incorrect clock status and override the FoodShare Clock System Status to the correct status for the relevant months. More than three “Time-Limited Benefit” statuses cannot be entered on a FoodShare Clock for the current three-year clock. Workers must document changes to the clock in the case record.
Workers must document the steps they took to apply an exemption.
If an exemption only applies to past months, and only if the IM worker determined the exemption to be questionable, the worker must note in case comments how they verified the exemption and the months in which the exemption was effective. Workers should not update the additional pages in CWW related to the exemption if the exemption only applies to past months.
If the exemption applies to both the current month and past months, workers must note in case comments why they found the exemption to be questionable (if applicable), how they verified the exemption (if applicable), 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).
| Example 21 | Olive received three TLBs in May, June, and July in the first year of the current three-year clock period. As a result, she became ineligible for FoodShare benefits starting August 1. Olive reapplied for FoodShare benefits during the second year of the same three-year clock period. Her food unit now includes her daughter who was born in September of the previous year. 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 because she was pregnant at that time. The worker determines that this exemption is not questionable. The worker adjusts the clock to remove the three TLBs and documents the months in which the exemption was effective in case comments. Because the pregnancy exemption only applies to past months, the IM worker does not update the Pregnancy page when making the adjustments. |
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 will need to make the adjustment to the appropriate clock status if it is required per the fair hearing decision.
Clock Adjustments
The FoodShare clock page is automatically 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 manual 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 a person’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.
FoodShare Clock ‘System Status’ updates to the FoodShare clock may occur when one of the following occurs:
FoodShare Clock System Statuses
| Active in FSET | Individual is participating in FSET for the current month and is expected to meet the FoodShare 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 FoodShare work requirement. | ||
| Clock Not in Effect |
Individual is ineligible for FoodShare, previously not known to CWW, or is not subject to FoodShare work requirement.
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| Exempt | Criteria which result in a non-ABAWD status. Non-ABAWDs are exempt and not required to meet the FoodShare work requirement for the month. | ||
| Exempt - GW | Individual is subject to a suspension of the time limit of the FoodShare work requirement. This is not a countable TLB 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 FoodShare work requirement by participating in FSET. | ||
| Met Work Requirement | Individual met the FoodShare 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 TLB month. | ||
| Time-Limited Benefit | Individual received a full month of FoodShare as an ABAWD and did not meet the FoodShare work requirement or received a TLB, known as a countable month, in another state. |
This page last updated in Release Number: 24-03
Release Date: 12/18/2024
Effective Date: 12/18/2024
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