ABAWDs must fulfill an ABAWD work requirement in addition to the general work requirements. For the remainder of this section, client statement is considered acceptable verification unless questionable. If verification is requested from the client, case documentation must thoroughly explain why the original client statement was considered questionable.
A. The following individuals are not considered ABAWDs and are therefore not subject to the ABAWD work requirement:
1. Aged seventeen (17) or younger.
2. Aged fifty-five (55) or older.
3. Determined to be medically certified as physically or mentally unfit for employment. An individual is medically certified as physically or mentally unfit for employment if they:
A. Are receiving temporary or permanent disability benefits issued by governmental or private sources;
B. Are obviously mentally or physically unfit for employment as determined by the local office; or
C. Provide a statement from a physician, physician's assistant, nurse, nurse practitioner, designated representative of the physician's office, a licensed or certified psychologist, a social worker, or any other qualified health professional as defined in 12-200-101 through 12-315-126, C.R.S., that the client is physically or mentally unfit for employment.
4. Residing in the same physical household with an individual who is under the age of eighteen (18). The minor individual does not have to be included in the same SNAP household for this exclusion to apply.
B. To fulfill the ABAWD work requirement, the ABAWD must be:
1. Working 20 hours per week or averaged monthly for a total of 80 hours a month; or
a. Working includes:
i. Work completed in exchange for money (compensated work); or
ii. Work completed in exchange for goods or services (in-kind work); or
iii. Unpaid work verified by the provider of the unpaid work; or
iv. Any combination of compensated work, unpaid work, or in-kind work.
2. Participating in and complying with the requirements of a work program 20 hours per week or averaged monthly for a total of 80 hours a month; or
a. A work program includes:
i. A program of employment and training operated or supervised by the CDHS program other than a job search program or a job search training program;
ii. A program under the Workforce Innovation and Opportunity Act (WIOA);
iii. A program under Section 236 of the Trade Act of 1974 (19 USC
2296, "Trade Adjustment Assistance").
3. In any combination of working and participating in a work program for a total of 20 hours per week or averaged monthly for a total of 80 hours a month; or
4. Participating in and complying with the Colorado Workfare program.
Failure to meet the ABAWD work requirement will result in the ABAWD losing eligibility if they accrue three countable months within a thirty-six (36) calendar month period.
4.311.1
ABAWD Exemptions
Any individual who meets the definition of an ABAWD can be exempt from the ABAWD work requirement by meeting one of the follow exemptions:
A. Exempt from the general work requirements;
B. Pregnancy;
C. A person experiencing homelessness, as defined in Section 4.000.1;
D. Veterans;
E. Aged twenty-four (24) years and younger and in Foster Care on their eighteenth (18th) birthday;
F. Exempt under a waiver approved by the USDA, FNS; or
G. Exempt using Colorado defined state exemptions as identified in the current SNAP Employment and Training State Plan.
4.311.2
Changes in ABAWD Exemption Status
ABAWDs are not required to report changes in their exemption status during a certification period. However, if the ABAWD loses their exemption status during a certification period, the months the ABAWD was not exempt will count toward their three countable months in a thirty-six (36) calendar month period. Any remaining months of benefits received during that certification period are not considered over-issuances and claims will not be established.
4.311.3
ABAWD Time Limits
ABAWDs are not eligible to participate in SNAP if they have received SNAP benefits for more than three countable months during a thirty-six (36) month period.
However, ABAWDs may be eligible for up to three additional consecutive months after regaining eligibility in accordance with paragraph (C) of this section.
A. Countable months
1. Countable months are accrued when an ABAWD received SNAP benefits for the full benefit month but did not:
A. Meet an exemption; or
B. Fulfill their work requirements.
2. When an individual turns eighteen years old (18) and enters ABAWD status, they do not accrue a countable month in the month they turn eighteen (18). If they do not meet an ABAWD exemption, they will begin to accrue countable months in the month after the month in which they turn eighteen (18).
B. Good cause for countable months
If an ABAWD would have worked an average of twenty (20) hours per week but missed some work for good cause, the ABAWD shall be considered to have me the work requirement if the absence from work is temporary and the individual retains work.
Good cause for countable months shall include circumstances beyond the individual's control, such as, but not limited to, illness, illness of another household member requiring the presence of the member, a household emergency, or the unavailability of transportation.
C. The ABAWD time limit clock:
1. Counts accrued countable months for all ABAWDs who are not in compliance with work requirements and do not have an exemption; and
2. Resets accrued countable months and ABAWD disqualifications, regardless of start date, for all ABAWDs every thirty-six (36) calendar months starting July 1, 2023.
D. Regaining Eligibility
1. An individual who is denied eligibility under this provision can regain eligibility if in a thirty (30) calendar day period, the individual:
a. Worked eighty (80) or more hours;
b. Participates in and complies with the requirements of a work program for eighty (80) or more hours;
c. Participates and complies with the Workfare Program as described in section 4.313; or
d. Becomes exempt.
2. The individual will be reinstated if otherwise eligible and will continue to be eligible if the individual continues to meet the work requirement or is exempt.
3. If an individual regains eligibility but then fails to continue meeting these requirements, the individual shall remain eligible for a consecutive three-month period after the individual notifies the local office. The individual can only have this provision applied for a single three-month period in the thirty-six (36) calendar month period.
Notes
10 CCR 2506-1-4.311
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
46 CR 19, October 10, 2023, effective 10/1/2023 exp. 1/6/2024 (Emergency)
46 CR 21, November 10, 2023, effective 11/30/2023
47 CR 15, August 10, 2024, effective 8/30/2024
47 CR 19, October 10, 2024, effective 10/1/2024, exp. 1/4/2025 (Emergency)
