SNAP Time Limit for Able-bodied Adults without Dependents (ABAWDs): Advocacy Tools and DHS Forms

SNAP Time Limit for able-bodied adults without dependents (ABAWDs)

 

**Covid-19 Response: Last Updated 3/23/20**

  • The Families First Coronavirus Response Act (FFCRA) will temporarily suspend ABAWD work requirements during this state of emergency.
  • Many SNAP Employment & Training programs have halted or slowed operations and should have stopped sending clients to work and training sites through mid-April without fear of losing benefits for not meeting work requirements.
  • Offices will be scaled down with limits on how many people can be in the lobby at any given time. DHS encourages everyone to use online and telephonic applications wherever possible to protect the health of both applicants and workers.

The federal SNAP “time limit” for able-bodied adults without dependents (ABAWDs) went into effect January 1, 2020 in Cook County and remains in effect for DuPage County. It is estimated that about 50,000 – 60,000 ABAWDs will be impacted by this change. 

An ABAWD is an “able-bodied” adult between the ages of 18 and 49 who is not on SSI or otherwise disabled, not pregnant nor living with children under the age of 18. 

Under these SNAP rules, adults considered ABAWDs who fail to meet the “work requirement” may only receive SNAP benefits for a total of 3 full months within a 36 month period. ABAWDs can meet the work requirement if they:

  • work at least 80 hours per month; or
  • take part in an approved workfare program of a local governmental unit for 80 hours a month; or
  • participate in a qualifying education or training activity, including certain SNAP Employment and Training programs for 80 hours a month; or
  • do community service at agencies, churches, or organizations in your community for 80 hours a month (Must be verified – use DHS Form 3675 found below).

Note: ABAWDs may do a combination of any of the above for a total of 80 hours a month (e.g. 40 hours work + 40 hours community service in a month) in order to meet the work requirement.

Included below are DHS materials and materials from our advocate partners with more information about the policy: 

  • the wide range of exemptions based on medical condition, homelessness or where they live and other factors; 
  • how ABAWDs can appeal DHS decisions;
  • and how ABAWDs can “regain” SNAP for 3 consecutive months.

Watch this two minute video from Center on Budget and Policy Priorities to learn more about this issue.

You can contact your local Cook County Family Community Resource Center (FCRC) to discuss how these changes affect your SNAP case. You can also send in questions or comments about your case to DHS.FCS.ABAWDs@illinois.gov or call the DHS Helpline at 800-843-6154/TTY 866-324-5553.

 

Who is exempt from the ABAWD time limit?

An ABAWD does not have to meet the work rules if they:

  • Are under 18 or over 49 years of age.
  • Live with a child under 18 years old.
  • Have a short or long term disability or illness that makes it hard to work: Many ABAWDs are not in fact “able-bodied” but DHS does not know this when the individual does not receive SSI or another disability benefit. An individual can be exempt from the 3 month time limit if he or she has a physical or mental incapacity or disability that “reduces his or her ability to financially support him or herself.”  The ABAWD medical exemption is a lower incapacity standard than SSI or Social Security, and does not require a specific diagnosis or medical testing results. If you have clients with a short or long term illness or incapacity, urge them to bring the DHS Verification Form 2340 (see below) to a health care provider as soon as possible. 
  • Are homeless (see below). 
  • Are pregnant.
  • Are earning wages at least equal to the Federal minimum wage x 30 hours.
  • Applied for or receive unemployment. 
  • Participate regularly in a drug addiction or alcohol treatment program.
  • Enrolled in a school of higher education or a training program at least half-time (must meet student eligibility rules). 
  • Care for an incapacitated person. 

If any of these apply to you, you should notify DHS and request an exemption as soon as possible. Use DHS Form <2340> http://www.dhs.state.il.us/onenetlibrary/12/documents/Forms/IL444-2340.pdf and <2341> http://www.dhs.state.il.us/onenetlibrary/12/documents/Forms/IL444-2341.pdf to request an exemption. 

If you are a Social Service Provider, see the Illinois Hunger Coalition’s checklist for more information about how to prove an exemption.

How Can A Person Who is Experiencing Homelessness Keep Their SNAP?

The fact that a person is homeless does not automatically qualify them for a work exemption from the SNAP Work Requirement Time Limited benefits policy. 

 

Individuals who are determined to have a mental or physical condition that may have occurred as a result of experiencing chronic homelessness may qualify for an exemption, if this condition would hinder them from being able to work a minimum of 80 hours each month.  

 

Chronic homelessness is used to describe a person who may have been homeless for an extended period of time and is struggling with a condition that was either caused or worsened by their homeless circumstances.

 

These conditions may prevent the individual from being job ready, such as obvious mental or physical issues, substance abuse issues, living in an unsuitable environment may have caused personal hygiene issues, or skin, foot or dental problems. 

 

The determination of chronic homelessness may be made by the caseworker, homeless shelter provider or other qualified individual. 

  • DHS Verification Form 2340 can be found here or under the Illinois Department of Human Services Forms section below.
  • Office of the Secretary of State Homeless Status Certification 

 

How Can ABAWDs Appeal DHS Decisions?

If SNAP recipients have been terminated as a result of the time limit –or have incorrectly been charged one of their countable months –they may be able to file an administrative appeal.

SNAP recipients can appeal any local DHS or central office:

  • actions,
  • inactions,
  • decisions,
  • determinations,
  • response to a report form,
  • or any issue of policy that a person disagrees with may be appealed.

 

Generally, a SNAP benefits decision must be appealed within 90 days otherwise the appeal is dismissed. If you want to appeal a DHS delay or failure to make a SNAP decision, there is no time limit.

 

For a more detailed step-by-step review of the appeals process, you can visit the Illinois Legal Aid online website here.

An Appeal Request Form for both individuals IL444-0103 

and authorized representatives IL444-0960 can be found here and under the Illinois Department of Human Services Forms section below.   

 

How Can ABAWDs “Regain” SNAP for 3 Months?

Both state and federal SNAP rules allow ABAWDs to qualify for three additional months of SNAP benefits. Known as “regaining” benefits under the SNAP rules, ABAWDs can qualify for more SNAP if they meet one of the work requirements for a 30-day period and continue to comply or do not continue to comply. This is confusing, but here’s how it works: 

  1. An individual who has lost SNAP eligibility by exhausting their 3 months of Time-Limited Benefits may regain eligibility at any time. To regain eligibility, an individual must meet one of the work requirements for a 30 consecutive day period prior to the date of SNAP re-application. An individual remains eligible to receive SNAP in the following months as long as he or she continues to work the required number of hours, or participates and complies with community work, workfare or SNAP E&T the required number of hours. There is no limit on how many times an individual may regain eligibility and subsequently maintain eligibility by meeting the work requirement.
  2. A person who regains and maintains eligibility but later stops meeting the work requirement is eligible for an additional three consecutive months of SNAP. The period begins on the date an individual first notifies the FCRC that they are no longer meeting the requirement. The additional three months of SNAP are consecutive and issued only one time in any 3-year period. 

If you think any of these situations apply to you, please contact your local Cook County Family Community Resource Center (FCRC). You can also send in questions or comments about your case to DHS.FCS.ABAWDs@illinois.gov or call the DHS Helpline at 800-843-6154/TTY 866-324-5553.

Illinois Department of Human Services Forms:

 

Resources for SNAP Recipients:

  • Easy to share ABAWD flyer with additional information
  • Need food? The Greater Chicago Food Depository can help. Flyer with more information in both English and Spanish here.
  • Employment & Training Liaisons at DHS Offices – Find your closest Family Community Resource Center using DHS Office Locator
  • Free Legal Services in Cook County with Legal Aid Chicago
  • American Job Centers
  • Agencies in Cook County through the Chicago Cook Workforce Partnership – Find an organization close by at chicookworks.org

Resources for Community Organizations and Health Care Providers: