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ABAWD Exemptions Defined
Residing in a CalFresh Household with a CalFresh Household Member under the age of 18
Individuals who reside in a CalFresh household with a CalFresh household member under age 18 are exempt from the time limit.
- The individual is not required to be the parent of the child.
- The individual is not required to be responsible for the child.
- The child can be an ineligible member of the CalFresh household for any reason.
- The child can be temporarily absent from the home (no longer than 30 days).
Note: For the purpose of an ABAWD exemption, household strictly means the CalFresh household. The term household does not mean a group residing in the same physical structure. The phrase “the child can be an ineligible member of the CalFresh household for any reason” refers to a minor who would be a member of the CalFresh household but who is ineligible to participate in CalFresh (e.g., an ineligible non-citizen child or SSI recipient child, or failure to provide an SSN).
Example - Scenario OneExample - Scenario One
A CalFresh household of three - Amy, Susan, and John. Amy is the head of household and is the mother of 7-year-old Susan. John, Amy’s boyfriend, is also part of the CalFresh household. John is not Susan’s father. John is an exempt ABAWD because he is residing in a CalFresh household with a member who is under the age of 18.
Example - Scenario TwoExample - Scenario Two
A CalFresh household of four - Robert and his three children, Alex (18), William (16), and Brittany (12). Alex has no dependent children and became an ABAWD when he turned 18. He is exempt from the ABAWD time limit because he is residing in a CalFresh household with a member who is under the age of 18.
Pregnancy
Individuals at any stage of pregnancy are exempt from the time limit. The exemption shall be effective beginning the month of conception and shall apply until, including the month of the child’s birth or until the individual is no longer pregnant. The client statement is sufficient as verification unless it is questionable. An individual must be allowed 10 days to provide verification if required.
Maria discovers she is five months pregnant. She has used two of her three countable months during the last five months. The EW removes the two countable months Maria used and codes her as exempt due to pregnancy from the ABAWD time limit.
Exempt from CalFresh Work Registration Requirements
Individuals exempt from CalFresh work registration requirements are exempt from the time limit. ABAWDs that are not exempt from CalFresh work registration requirements may need to satisfy the ABAWD work requirement. The term “may” is used because an individual not exempt from work registration may be exempt from the ABAWD time limit for other reasons.
ABAWDs subject to the time limit must meet the CalFresh work registration requirements, such as registering for work and not voluntarily quitting a job of 30 hours per week or more without good cause, as well as the ABAWD work requirements.
Individuals who work a minimum of 30 hours per week or who are earning weekly wages at least equal to the Federal minimum wage multiplied by 30 hours (e.g., $7.25 x 30 hrs=$217.50/week) are exempt from CalFresh work registration and are therefore exempt from the ABAWD time limit.
Note: Due to California’s high minimum wage, individuals may be working much less than 30 hours as long as they make $217.50 per week.
For more information, refer to CalFresh Work Registration.
Physically or Mentally Unfit to Work
This exemption is a broader exemption than being disabled. An individual is considered medically certified as physically or mentally unfit to work if they have a temporary or permanent illness, disability, condition, or life circumstance that reduces or affects their ability to work 20 hours per week.
The definition of physically or mentally unfit to work to exempt an individual from the ABAWD time limit is not as limited as the definition of disability used to determine CalFresh eligibility or work registration.
The physical or mental condition must make an individual unable to work 20 hours per week on an ongoing basis, not unable to work at all. This includes individuals who might be able to work a few hours per week but cannot work half-time to full-time. An individual is considered physically or mentally unfit for work if they meet any of the following criteria:
Applied for/Receiving Temporary or Permanent Public or Private Disability Benefits
Individuals who have applied for or receive temporary or permanent public or private disability benefits are exempt from the ABAWD time limit. An individual may provide proof of receipt or pending application for temporary or permanent disability benefits from governmental or private sources, including but not limited to:
- Veteran’s disability benefits (any rating of disability)
- Workers compensation
- Supplemental Security Income
- State-issued temporary or permanent disability benefits
Important: An individual receiving any disability benefit from the U.S. Department of Veterans Affairs is unfit to work for the purpose of exempting an individual from the ABAWD time limit. The VA assigns a percentage disability rating, but recipients with any rating meet the threshold for exemption from the time limit.
Note: There is no need to request additional client verification if information regarding the application or receipt of the disability benefit is known to the county. If this information is unknown to the county, the county may request proof of receipt or pending application for disability benefits. The CW 2200 may be used to request verification, and the individual must be allowed 10 days to provide the necessary verification if required.
Obviously Unfit to Work
Individuals mentally or physically unfit to work are exempt from the ABAWD time limit. The county must determine if an individual meets the definition of obviously unfit to work. This determination may be made when the individual attends a face-to-face or telephone interview.
To determine that an individual is obviously unfit to work, the county must conduct an individualized evaluation of the client. A discussion of the individual’s inability to work or participate in work activities for more than 20 hours per week on an ongoing basis is required to make the determination. The discussion should focus on the physical and/or mental challenges that affect or impact the individual’s ability to work.
Note: When an individual’s unfitness for work is evident to the EW, the county must exempt the individual without requiring a statement or verification from medical personnel. When the reason for the unfitness is apparent, adequate documentation in the case record by the EW is required to support the determination; no further verification is required.
Victims of Domestic Violence
An experience of domestic violence may indicate that an individual is obviously unfit to work. The EW may identify someone as obviously unfit for work if they are a victim of domestic violence. A victim of domestic violence is defined as an individual fleeing from any type of assault, coercive, or battering behavior occurring within a domestic relationship. Additionally, an individual who indicates that they are residing in or is on a waiting list to reside in a domestic violence shelter shall be considered to be escaping domestic violence and is exempt from the ABAWD time limit.
Domestic violence behavior includes, but is not limited to, one or more of the following:
- Physical abuse
- Sexual abuse
- Psychological, emotional, and verbal abuse
- Intimidation, threats, or behavior that puts the individual in fear of their safety
- Isolation
- Economic control
- Stalking
- Neglect or deprivation of medical care
- Destruction of property or pets
A domestic relationship is defined as:
- Adults or minors who are current or former spouses
- Adults or minors who live together or have lived together
- Adults or minors who are dating or have dated
- Adults or minors who are engaged in or have engaged in sexual relations
- Adults or minors who are related by blood or adoption
- Adults or minors who are related or formerly related by marriage
- Persons who have a child in common
- Adults or minors who are engaged or were formerly engaged to be married
- Adults or minors engaged in same-sex relationships
- Adults or minor children of persons listed above
- Adults or minors acting in concert with or on behalf of someone identified above
An Individual notifies that EW that he/she is in an emotionally abusive relationship with his/her domestic partner and he/she is on the waiting list to reside in a shelter.
Note: The county must evaluate the individual’s circumstances to determine if they are a victim of domestic violence. Counties may accept client statements for those individuals who inform the county they are a victim of domestic violence in person, by phone, or in writing. Counties may also accept a written statement, which a medical or mental health professional completes.
A police report is also adequate proof of an individual experiencing domestic violence unless questionable. The verbal statement of a medical or mental health professional may suffice as verification so long as the county adequately documents the case record. Client statement is acceptable verification if no other verification source is available.
Verification
The EW must evaluate the individual’s circumstance to determine if an obvious physical or mental unfitness is associated with drug or alcohol addiction that prevents them from working at least 20 hours per week or 80 hours on average monthly.
EW’s observation is the only required verification when the reason for the unfitness is apparent. The EW must not list domestic violence as the reason for the exemption. The EW must notate “Unfit for work due to medical reasons” in the case comment. This narration is adequate for unfitness to work related to either a physical or mental health reason.
If the unfitness is not apparent to the EW, the CW 2200 must be used to request verification, and the individual must be allowed 10 days to provide the necessary verification.
An individual is participating in a telephone interview and has been identified as an ABAWD.
While conducting the interview, the EW notices that the individual is incoherent and is not able to appropriately answer questions being asked. The EW thoroughly documents the conversation in the case notes. The EW determines that this individual is “Obviously
Mentally or Physically Unfit to Work” via telephonic determination and is therefore exempt from the ABAWD time limit.
An individual who was previously identified as an ABAWD comes in for their recertification interview. The EW notices that the ABAWD has a cast on their leg. The individual is employed as a delivery driver and has been unable to work due to the injury. The individual is determined to be exempt from the ABAWD time limit because they are “Obviously Physically Unfit for Work.”
Determined Physically or Mentally Unfit to Work by Medical Personnel
If the EW determines that an individual is not obviously unfit to work, but there may be a medically certified reason for the unfitness, the EW may request the individual provide medical certification of the unfitness, including the anticipated duration. The EW must explain to the person how they can provide verification of their condition or circumstance and assist if necessary.
Qualified medical or mental health professionals include, but are not limited to, any of the following: audiologist, dentist, designated representative of the physician’s office, drug and/or alcohol counselor, mental health counselor, midwife, nurse, nurse practitioner, occupational therapist, optometrist, orthodontist, osteopath, psychologist, physical therapist, physician, physician’s assistant, podiatrist, social worker, etc.
Acceptable verifications are as follows:
- A written statement, such as a completed CalFresh Request for Medical/Mental Health Verification form, completed by the medical or mental health professional is adequate proof of a physical or mental health condition, unless questionable.
- Similar documentation for another program (e.g., Medi-Cal, General Relief, etc.) included in the case record may also be utilized as verification.
- A verbal statement of a medical or mental health professional may suffice as verification as long as the county properly documents that verbal verification was provided in the case record.
- If written or verbal verification from a medical or mental health professional is unavailable or insufficient, the EW must make every attempt to verify unfitness to work using an acceptable collateral contact.
The CW 2200 may be used to request verification, and the individual must be allowed 10 days to provide the necessary verification if required.
An individual informs the EW that he/she is diagnosed with severe depression and is unable to maintain employment. Because unfitness is not obvious, the EW requests a medical certification of the diagnosis. The individual provides a written statement from their qualified medical or mental health professional stating his/her inability to maintain employment. This individual is exempt from the ABAWD time limit because the person have been medically certified as mentally unfit to work.
Case Documentation Examples for Physically or mentally unfit to work
Morgan came into the office and applied for CalFresh benefits on October 5, 2018. It was established that she was an ABAWD because she was 22 years old and did not have any dependents. During the interview, Morgan stated that she was currently homeless, sleeping in any local shelter that had availability. She stated that she had been moving between shelters for eight months. Morgan is determined chronically homeless and her medical condition prevented her from working 20 hours per week.
Rick is a current CalFresh recipient that is subject to the ABAWD time limit, he does not currently qualify for an exemption. Rick chose to complete his recertification interview over the phone. While completing the CalFresh ABAWD Screening and CFET Referral Form (SCD 2495), it was noticed that Rick was not able to follow along with answering the questions. He was providing answers and giving responses that did not correlate with what was being asked. The EW also noticed that it was difficult for him to carry on the conversation when questions were not being asked. It was determined that Rick is Obviously Physically or Mentally Unfit to Work and is therefore exempt from the ABAWD time limit.
Sasha applied for CalFresh in person on January 3, 2019. It was determined that she was an ABAWD. While gathering her personal information, she stated that she was temporarily living with her mother. She had recently left her apartment where her domestic partner lives and is currently on the wait list for a domestic violence shelter. It was determined that Sasha is Obviously Physically or Mentally Unfit to Work due to being a Victim of Domestic Violence and is therefore exempt from the ABAWD time limit.
Participating in an Office of Refugee Resettlement (ORR) Training Program
Participation in an ORR training program for at least half-time exempts an individual (not only Cuban/Haitian entrants and refugees) from the ABAWD time limit as long as the person participating in the ORR program is otherwise eligible for CalFresh. The CW 2200 may be used to request verification, and the individual must be allowed 10 days to provide the necessary verification if required.
Acceptable verifications are:
- Documentary evidence or written statements from the ORR training program are sufficient verification.
- Collateral contact was made with an ORR training program staff member.
William is 20 years old, has no dependents, and is in his fourth month of participating in a Refugee Resettlement Training Program. William is exempt from the ABAWD time limit for as long as he’s in the Refugee Resettlement Training Program.
Note: A collateral contact is an oral confirmation of a household's circumstances by a person outside the household. The collateral contact may be made either in person or over the telephone. The county may select a collateral contact if the household fails to designate a person, or the designated one is unacceptable to the county agency. Examples of acceptable collateral contacts may include employers, landlords, social service agencies, migrant service agencies, and neighbors of the household who can be expected to provide accurate third-party verification. When talking with collateral contacts, the EW should disclose information necessary to get the information being sought. The county should avoid disclosing that the household has applied for CalFresh, nor should the EW disclose any information supplied by the household confidential information, or suggest that the household is suspected of any wrong doing.
New ABAWD Time Limit Exemptions under the Fiscal Responsibility Act (FRA) 2023
The federal law now provides temporary exemption criteria from the ABAWD time limit for three new groups of individuals, which will expire on October 1, 2030.
1. Individuals experiencing homelessness
A homeless individual is an individual who lacks a fixed and regular nighttime residence or an individual whose primary nighttime residence is:
- A supervised shelter designed to provide temporary accommodations (such as a welfare hotel or congregate shelter);
- A halfway house or similar institution that provides a temporary residence for individuals intended to be institutionalized;
- A temporary accommodation for not more than 90 days in the residence of another individual; or
- A place not designed for, or ordinarily used, as a regular sleeping accommodation for human beings (a hallway, a bus station, a lobby, or similar places).
For CalFresh, individuals meet the homelessness criteria if:
- The homeless individual is coded as living in a homeless shelter and/or identifies the address of that shelter or homeless day program as their residential or mailing address for CalFresh purposes.
- The homeless individual is coded as receiving the “Homeless Shelter Deduction” in their CalFresh benefit calculation.
- The homeless individual has been determined eligible for the RMP.
Refer to Homeless Households for more information.
The FRA no longer requires verification of chronic homelessness indicators to meet the homeless definition, and no further assessment is necessary.
2. Veterans
Individuals who served in the United States Armed Forces, including those discharged from the reserve component of the Armed Forces, are exempt from the ABAWD time limit, regardless of their discharge status.
3. Foster Youth
Individuals aged 24 or younger who were in care on their 18th birthday, whether they continue in care or not, are exempt from the ABAWD time limit. This includes any individual who was in a Foster care program run by the State, District, territory, or Indian Tribal Organization on their 18th birthday or a higher age allowed by the State.
Example A:Example A:
A 19-year-old applicant/recipient in foster care on their 18th birthday who elects to remain in Extended Foster care qualifies for the exemption.
Example B:Example B:
A 21-year-old applicant/recipient who was in Foster care on their 18th birthday and did not elect to remain in extended foster care can still qualify for the exemption because they were in foster care when they turned 18. The individual would continue to be eligible for the exemption until their 25th birthday.
Length of Exemptions: Permanent vs. Temporary
Long-term or Permanent Exemption
When the condition or life circumstance that qualifies an individual for an exemption is expected to be long-term or permanent, the individual can be exempt from the ABAWD time limit through the length of their certification period.
Temporary Exemption
When the condition or life circumstance that qualifies an individual for an exemption is considered temporary, the individual can be exempt until their next periodic report (i.e., SAR 7) or recertification, whichever occurs first, unless verification is received that specifies an expected end date for the exemption reason (which may be before the next periodic report or recertification).
Temporary Exemption with an End Date
If a temporary exemption ends during the certification period, the individual will become subject to the ABAWD time limit unless the individual satisfies the work requirement, becomes otherwise exempt, is granted a percentage exemption, or lives in a county or area where the ABAWD time limit has been waived.
The month in which an exemption ends shall not be considered a countable month if the individual was exempt for any part of the month.
During the intake interview in January 1, Jade verified that her cast that will be removed in 6 weeks. Her exemption status must be reassessed at the end of February.
During the RC interview in June, John verified he has applied for VA disability benefit. At SAR 7 in December, status of the VA application must be verified and the exemption status must be extended or ended accordingly.
ABAWD Exemption Verification Reference Chart
The chart below briefly references exemption criteria and corresponding verification requirements.
| ABAWD Exemption Verification Reference Chart | ||
| Exemption Criteria | Verification | |
| 1 | Residing in a CalFresh household with a member under age 18 | None: Information is known to county. |
| 2. | Pregnant | Client Statement. If questionable, request a written or verbal statement from medical personnel. |
| 3. | Exempt from CalFresh Work Registration | Work registration instructions can be found in Work Registration. |
| 4. | Medically Certified as Physically or Mentally Unfit to Work | |
| Applied for or receiving temporary or permanent public or private disability benefits | Evidence benefits evidencing application for disability benefits if the information is not known to the county. |
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| Obviously Unfit to Work | EW observation is thoroughly documented in the case fMedically certified | |
| Medically-certified as mentally or physically unfit for work |
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| 5. | Participating in an ORR training program at least half-time |
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