The Return of the ABAWD

American Association of SNAP Directors

September 24, 2013

Ed Bolen, Center on Budget and Policy PrioritiesDaniel Schroeder, University of Texas, AustinKathy Link, Utah Department of Workforce Services

FY 2006: Most states had partial waivers

FY 2006 W aivers

No waiver (5)S tatew ide (7)

Partia l (39)

FY 2013: Most states have statewide waivers

FY 2013 W aiver Status

No waiver (not e ligible) (1)Statew ide (40)Partia l waiver (3)

Partial (e lig ib le for state) (3)None (e ligible for sta te) (2)None (e ligible for partial) (2)

FY 2014: Most states still eligible for statewide

FY 2014 W aiver E lig ib ility

N o w aiver (no t e lig ib le) (3)S tatew ide (41)

E ligib le for partia l (7 )

FY 2015: Fewer states eligible for statewide

FY 2015 W aiver E lig ib ility

Probably e lig ib le for sta tewide (35)Probably e lig ib le for partia l (14)

E lig ib le fo r at least partial (2 )

FY 2016: Most states will need to request a partial waiver

FY 2016 W aiver E lig ib ility

Like ly e lig ib le for s tatew ide (3)M ay be e lig ib le for partia l (46 )

M ay be elig ib le for sta tew ide (2 )

Now is a good time to review ABAWD policy

Bad news:• The time limit causes hardship for many

poor adults• It’s extremely complicated; could mean

extra work and errors

Good news:• There’s more flexibility for states than often

understood – now is the time to reassess options!

The Basics• Who is an able-bodied adult without dependents?

– Between 18 and 50 years old– Not disabled– Not raising dependent children– Not otherwise exempt

• What must ABAWDs do?– Work for an average of 20 hours per week,– participate in a qualifying work activity for an average of 20

hours per week,– participate in workfare, or– Any combination

• What happens if they don’t?– Limited to 3 months of SNAP benefits in a thirty-six month

period.• How do they requalify?

Developing a Plan of Action• What areas can your state still waive?• Who is and is not subject to ABAWD

requirements?• Who will the state individually exempt?• Who will be offered qualified training (and

what activities qualify)?• How do you track all this?• Training

Waiver Options• Ways to qualify

– Statewide or any area within a state– Recent 12 or 3 month average unemployment over 10

percent– Area has been designated a Labor Surplus Area for current

fiscal year by DOL– 24-month average unemployment rate 20 percent above

national average– Low and declining employment to population ratio

• Flexibility– Not limited to Fiscal Year timeline

• http://www.fns.usda.gov/snap/rules/Memo/PRWORA/abawds/ABAWDsPage.htm• Tip: the Center can help your state prepare a waiver request!

Exemptions• Under 18 or 50 years or older• Parent of household member under 18• Residing in household with member under

18• Pregnant• Determined by state to be unfit for work• Already exempt from SNAP work

requirements• Working an average of 20 hours per week

Flexibility with Exemptions• ABAWD definition of disabled: “determined by the

State agency to be medically certified as physically or mentally unfit for employment”– Receiving temporary or permanent disability, including

private disability– Is obviously mentally or physically unfit for work– Provides a statement from a State-approved medical

personnel

• In contrast, SNAP general definition requires receipt of a government disability-related benefit.

State Definition of “unable to work”Several ways to qualify• Receive benefits, even

temporary• Obviously unfit• 3d party verificationSeveral options to verify• Physician• Physician’s assistant• Nurse• Nurse practitioner• Rep from doctor’s office• Psychologist• Social worker• Other medical personnel

Meeting the Work Requirement• Who can be offered a training or work slot?• What options are available?

– SNAP E&T – Workfare– Other E&T

• What is the state’s capacity– Identify existing E&T programs capacity to serve childless

adults– Geographical saturation– Assess ability to expand

• Taking the pledge

SNAP E&T Can Help Provide Services• 100% federal funds

– $99 million in FY 2012• 50%-50% matching

– $240 million in FY 2012• Pledge states

– $20 million each year (CO, DE, NY, SD, TX in 2012)

• Leveraging funds with community partners

E&T Options: 20 hours/week• Education and Training

– Basic or vocational education, technical training, on-the-job training and up to half of required hours in job search

• Workforce Investment Act programs– Can include job search– Funded by Department of Labor

• Trade Act– Training for workers who have lost or may lose jobs– Can include job search– Funded by federal Department of Labor

Other Options: Hours Vary• SNAP Workfare

– Placement at public and non-profit employers– Can be voluntary with no disqualification for failure to

comply• Non-SNAP Workfare

– Operated by non-SNAP government agency– Cannot use 100% E&T funding (but may match)

• Work Experience– Placements at public and private (including for-profit)

employers– Includes self-placement

The Individual or “15 percent” Exemption

• Exemptions equal to 15 percent of the State’s ABAWD caseload subject to the time limit.

• Each exemption extends eligibility to one person for one month (case months). Yes, this is confusing.

• Developing an exemption policy:– Check what’s in the bank (or what you owe)– Extend the time limit by adding months to all affected

individuals– Target specific geographic areas

Automating Exemptions

Rule: Exemptions apply to all individuals in an area not covered by a waiver

• First, identify an ABAWD• Next, screen for exemption• If no exemption, then 12

month personal exemption• Tracking

Regaining Eligibility• How?

– By working for 30 days, meeting an exemption or when the 36 month period ends.

• The tricky part: An ABAWD who regains eligibility but then does not meet the work requirement can receive an additional 3 months of benefits.– Only once in a 3-year period– The 3 months must be used consecutively– This must be tracked

Tracking It All• Systems must be able to track:

– 36 month clock for each individual– Months in which individual did not meet requirements or

be exempt – Months of regained eligibility

• Just to make this more complicated– Countable months need not be consecutive– Must track breaks in participation– Only full benefit months count

• System must be able to track use of individual exemptions

Implementing the ABAWD Three-Month Time Limit

Kathy LinkUtah Department of Workforce ServicesSeptember 2013

Decision to Implement Statewide• Executive Director made decision to

implement the 3-month limit statewide– Decision made in part due to anticipation that

Utah would eventually no longer qualify for a statewide waiver

– Did not want to implement time limits at same time as ACA

• No increase in E&T budget to implement ABAWD time limits

• Decision was made to automate E&T and shift staff to case manage ABAWDs

Planning Process• Planning began in March 2011 with implementation

target date of October 1, 2012 • Workgroup formed consisting of:

– Policy– Systems– Operations

• Phase 1 Automate E&T– Stopped serving volunteers July 1, 2012 (now considered

universal customers)– Participate 3 months out of 12

• Phase 1 (cont.)– Modeled SNAP E&T on Unemployment Insurance model

• Send notice to mandatory participants with instructions to go online

• Complete online assessment to determine if job ready• Complete workshops as assigned by assessment

– Resume writing, interviewing skills, social networking, etc• Job search

• Phase 2 ABAWD– Most workers did not know ABAWD policy– ABAWD time limits not in new eligibility system– Pulled out old ABAWD policy and current regulations

Policy and Program Decisions• Pledge state• ABAWD process

– Automated referral made to employment counselor if 0, 1 or 2 months of ABAWD used

– Manual referral made to employment counselor by eligibility if all 3 months used so can begin participation immediately

– Meet with employment counselor before 4th month– First month of participation is job search and assignment

to worksite– Second month and ongoing participate 24 hours per

month of worksite

Implementation• Implemented incrementally

– All new applications beginning October 1 had time limit

– Ongoing cases time limit began at first recertification after September 2012

• Estimated 17,000 ABAWDs with ongoing cases. Approximately 2800 per month for first six months

– Very limited number of 15% exemptions so limited criteria for use

Technology New eligibility system (eREP) implemented

summer 2010 ABAWD not in production in system when

decision made to implement time limits System changes were made in two phases

o October 1 changes –clock started ticking, notices created

o January 1 changes-communicate with employment counseling system, ability to be both E&T and ABAWD

Training Staff• Two rounds of mandatory in-person

training– September 2012 trained on who is an ABAWD,

what are work requirements, who is exempt, ABAWD processes, how system changes will work

– December 2012 trained on additional systems changes and the more complicated situations including how to handle recipients who are both E&T and ABAWD

• Q&A’s sent out to staff

Outcomes• E&T

– 15% participate– 78% of cases that close, close for non-

participation– 22% of those who close have earnings within 6

months of closure• ABAWD

– 12% participate– 82% of cases that close, close for non-

participation– 16% of those who close have earnings within 6

months of closure

Checklist • Policy options

• Identify possible waiver options• Review exemption policy

– Unfit for work– Verification

• Use of 15% exemptions• Program options

• Capacity of state E&T programs• Partnerships with other training programs

• Implementation• Develop tracking system and policy• Training for staff• Notice and information to participants

Questions?

Ed BolenCenter on Budget and Policy Priorities

bolen@cbpp.org