SNAP Guide to Supporting Requests to Waive the Time Limit for ABAWDs
|DATE:||Dec. 2, 2016|
|SUBJECT:||Supplemental Nutrition Assistance Program - Guide to Supporting Requests to Waive the Time Limit for Able-Bodied Adults without Dependents (ABA WD)|
|TO:||All Regional Directors
Supplemental Nutrition Assistance Program
This guide consolidates and underscores FNS policy concerning waivers of the ABAWD time limit and replaces its predecessor, FNS' August 2006 Guidance on Requesting ABAWD Waivers. FNS advises state agencies to use this guide to understand, obtain, and prepare evidence that successfully supports an ABAWD time limit waiver request based on relevant sections of the Act; federal regulations; and historical SNAP policy. As a result of the final rule, Supplemental Nutrition Assistance Program: Requirements for Able-Bodied Adults Without Dependents, that was published on December 5, 2019, the regulatory standards referenced in this guide are only valid through March 31, 2020. In order to have a waiver as of April 1, 2020, and thereafter, states must request a waiver that meets the new standards in 7 CFR 273.24(f) and should submit that request as soon as possible to their respective FNS regional office contact(s). FNS expects to replace this guide in the future.
The attached guide consolidates and underscores FNS policy concerning waivers of the ABA WD time limit and replaces its predecessor, FNS's August 2006 Guidance on Requesting ABAWD Waivers. FNS began developing this version of the guide in November 2014, as part of its efforts to support and reaffirm state agency's understanding of ABA WD policy. Specific policy areas covered include the following:
- Waivers Based on Labor Surplus Area Designation;
- Waivers Based on Extended Unemployment Benefit Criteria;
- Waivers Based on an Unemployment Rate Over 10 Percent;
- Waivers Based on a 24-Month Average Unemployment Rate 20 Percent Above the National Average;
- Combining Data for Geographic Areas and Economic Regions;
- Estimating Unemployment Rates for Tribal Lands;
- Other Potential Types of Waiver Requests;
- 2-Year (24-Month) Approval of Waivers; and
- Statutory and Regulatory Authority for Waivers.
FNS advises state agencies to use this guide to understand, obtain, and prepare evidence that successfully supports an ABA WD time limit waiver request based on relevant sections of the Act; Federal Regulations; and historical SNAP policy.
Please distribute this guidance to your state agencies and advise them to contact their respective regional points of contact for technical assistance. FNS regional offices should contact Casey McConnell at firstname.lastname@example.org with any questions concerning this memorandum.
Program Development Division
The contents of this guidance document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.