As a condition of eligibility for SNAP, each household member
not determined to be exempt must comply with the following work
requirements:
A. Register for work at
the time of initial application and at every recertification by signing the
application for assistance or recertification. The application must be signed
by the member required to register, an authorized representative, or by another
adult household member; and
B.
Provide the eligibility techncian with sufficient information regarding
employment status or availability for work; and
C. Cannot commit an act of voluntary quit;
and
D. Accept an offer of suitable
employment; and
E. Report to an
employer if referred by the local office if the potential employment is
suitable employment.
4.310.1
Work Requirements and Verification
Client statements are considered acceptable verification
unless questionable.
If verification is requested from the client because client
statement is considered questionable, case documentation must thoroughly
explain why the original client statement was considered questionable.
A. Examples of verification that can be
obtained to resolve questionable information can include but is not limited to:
1. Receipt of temporary or permanent
disability benefits issued by government or private sources; or
2. Persons may provide a statement from a
physician, physician's assistance, nurse, nurse practitioner, designated
representative of the physician's office, or a licensed or certified
psychologist. A county agency may determine other licensed medical personnel
appropriate to provide verification that a work registrant is physically or
mentally unfit for employment; or
3. A statement from a licensed social worker
or a social worker employed by or acting on behalf of a 501(C)(3) non-profit
organization or government entity.
4.310.2
Informing the Household of
General Work Requirements
At the point of initial application and recertification, when
an interview is required, SNAP households must receive from the eligibility
technician a written notice and a verbal explanation of:
A. The SNAP general work
requirements;
B. The rights and
responsibilities of household members subject to work requirements;
C. The consequences of failure to comply with
these work requirements; and
D. The
availability of additional employment and training programs and services,
outside of Employment First (EF), within their community.
When an interview is not required at recertification, the
written statement of these requirements to the work registrants in the
household is sufficient.
4.310.3
General Work Requirement
Exemptions
At all determinations of eligibility including initial,
ongoing, and recertification, eligibility technicians must explore if the
household member meets an exemption rather than placing the burden solely on
the household member to self-report.
General work requirement exemptions include:
A. A person 15 years of age or younger or a
person 60 years of age or older;
1. A person
age 16 or 17 who is not the head of a household, or who is attending school, or
is enrolled in an employment training program, on at least a half-time basis,
is also exempt.
B. A
parent or other household member responsible for the care of a dependent child
under 6 or an incapacitated person;
C. A person physically or mentally unfit for
employment;
Examples of being physically or mentally unfit for employment
can include but are not limited to:
1.
Persons experiencing homelessness, as defined in 4.000.1
2. Recently released from an
institution
3. Person with
disabilities as defined in 4.100 and includes but is not limited to:
a. Persons with self-declared temporary
conditions that would prevent successful participation in work
activities
b. Persons receiving
temporary or permanent disability benefits issued by government or private
sources
c. Persons participating in
vocational rehabilitation
d.
Persons applying for and/or appealing SSI benefits
4. Persons unable to maintain
employment
5. Persons impacted by
domestic violence
D. A
student enrolled at least half-time, as defined by the educational facility, in
any accredited school, training program, or institution of higher education;
1. A student who is enrolled in an institute
of higher education must meet student eligibility requirements to receive
SNAP.
2. Students who are eligible
for SNAP remain exempt from work requirements during normal periods of class
attendance and school breaks.
3.
Persons who are not enrolled at least half-time or who experience a break in
their enrollment status due to graduation, expulsion, suspension, or who drop
out or otherwise do not intend to register for the next normal school term
(other than summer), shall not be eligible for this
exemption.
E. Employed or
self-employed individuals who are working a minimum of thirty (30) hours per
week or receiving weekly earnings at least equal to the federal minimum wage
multiplied by thirty (30) hours;
1. This
shall include migrant and seasonal farm workers who are under contract or
similar agreement with an employer or crew chief to begin employment within
thirty (30) days.
2. Persons
working in action programs, including VISTA, are exempt from work requirements
if they work at least thirty (30) hours per week even if the compensation is
not consistent with prevailing community wage, since an employer-employee
relationship can be documented.
F. A person applying for or receiving
Unemployment Insurance Benefits (UIB). The local office shall verify
application for or receipt of UIB, if questionable. A person who has been
denied UIB and who is appealing the decision is exempt;
G. A regular participant in drug or alcohol
treatment or rehabilitation program;
H. A person subject to and complying with CW
or the Colorado Refugee Services Program (CRSP) work programs.
4.310.4
Changes in
Exemption Status
Individuals exempt from work requirements are not required to
report changes in their exemption status during their certification period. At
recertification, all individuals subject to work requirements will be
reassessed for work requirement exemptions.
If an individual loses their exemption status during their
certification period, they shall retain their original work requirement
exemption through their certification period unless they are considered an
ABAWD.
4.310.5
Voluntary Quit
A. When a
household files an initial application or recertification, the local office
must determine if any household member who is not exempt from work requirements
voluntarily quit his or her job of 30 or more hours a week or reduced his or
her work effort to be less than 30 hours a week without good cause. Benefits
must not be delayed beyond the normal processing times pending the
determination of voluntary quit.
B.
A level sanction as described in section 4.3108, below, will be imposed if
voluntary quit occurred within sixty (60) calendar days prior to the date of
application or after the date of application but prior to eligibility
determination and the voluntary quit was without good cause as defined in
section 4.308.1.
1. Individuals who voluntary
quit are ineligible to participate in SNAP and shall be treated as a
disqualified member. If the disqualified member joins another household, the
ABAWD disqualification period for that individual shall continue until the
ABAWD disqualification period is completed.
C. An employee of the federal, state, or
local government who participates in a strike against such a government and is
dismissed from his or her job because of participation in the strike, will be
considered to have voluntarily quit his or her job without good cause.
If an individual quits a job, secures new employment at
comparable wages or hours, and, through no fault of his or her own loses the
new job, the prior voluntary quit will not be a basis for
disqualification.
4.310.6
Suitable Employment
Employment will be considered suitable, unless any of the
following apply:
A. The wages offered
are less than the higher of:
1. The
applicable federal or state minimum wage.
2. Eighty percent (80%) of the federal
minimum wage if neither the federal or state minimum wage is
applicable.
B. The
employment offered is on a piece-rate and the average hourly yield the employee
can reasonably be expected to earn is less than the applicable hourly wage
specified above.
C. The household
member, as a condition of employment, is required to join, resign from, or
refrain from joining any legitimate labor organization.
D. The work offered is at a site subject to a
strike or lockout at the time of the offer unless the strike has been enjoined
under the Labor Management Relations or the Railway Labor Act.
E. The household member that can demonstrate
or the local office becomes aware that:
1.
The degree of risk to the health and safety is unreasonable.
2. The client is physically or mentally unfit
to perform the employment as established by documentary medical evidence or
reliable information obtained from other sources.
3. The employment offered is not in his/her
major field experience unless, after a period of thirty (30) calendar days from
registration, job opportunities in his/her major field have not been
offered.
4. The distance from the
member's home to the place of employment is unreasonable considering the
expected wage and the time and cost of commuting.
5. The daily commuting time exceeds two (2)
hours per day, not including the transporting of a child or children to and
from a child care facility.
6. The
distance to the place of employment prohibits walking and neither public nor
private transportation is available to transport the member to the job
site.
7. The working hours or
nature of the employment interferes with the member's religious observances,
convictions, or beliefs.
Notes
10 CCR 2506-1-4.310
37
CR 15, August 10, 2014, effective 9/1/2014
37
CR 21, November 10,2014, effective 12/1/2014
38
CR 23, December 10, 2015, effective 1/1/2016
39
CR 01, January 10, 2016, effective
2/1/2016
39
CR 05, March 10, 2016, effective
4/1/2016
39
CR 07, April 10, 2016, effective
5/1/2016
39
CR 15, August 10, 2016, effective
9/1/2016
39
CR 17, September 10, 2016, effective
10/1/2016
39
CR 19, October 10, 2016, effective
11/1/2016
39
CR 23, December 10, 2016, effective
1/1/2017
40
CR 11, June 10, 2017, effective
7/1/2017
40
CR 17, September 10, 2017, effective
10/1/2017
41
CR 15, August 10, 2018, effective
9/1/2018
40
CR 23, December 10, 2017, effective
12/30/2018
42
CR 01, January 10, 2019, effective
2/1/2019
42
CR 03, February 10, 2019, effective
3/15/2019
42
CR 17, September 10, 2019, effective
10/1/2019
42
CR 18, October 10, 2019, effective
10/1/2019
42
CR 23, December 10, 2019, effective
12/30/2019
43
CR 01, January 10, 2020, effective
1/30/2020
43
CR 05, March 10, 2020, effective
2/7/2020
43
CR 07, April 10, 2020, effective
4/30/2020
43
CR 21, November 10, 2020, effective
11/30/2020
44
CR 21, November 10, 2021, effective
11/30/2021
45
CR 05, March 10, 2022, effective
3/30/2022
45
CR 19, October 10, 2022, effective
10/1/2022
45
CR 19, October 10, 2022, effective
11/1/2022
45
CR 21, November 10, 2022, effective
11/30/2022
46
CR 17, September 10, 2023, effective
9/30/2023
