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ABAWD Time Limit
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 limited the receipt of SNAP benefits, known as CalFresh in California, to three full months in a 36-month period for ABAWDs subject to the time limit.
ABAWDs can only get CalFresh for three months in 36 months if they do not meet certain work requirements or are not exempt. This is called the time limit.
To be eligible beyond the time limit, an ABAWD must work at least 80 hours per month, participate in qualifying education and training activities at least 80 hours per month, or comply with a workfare program. Workfare means that ABAWDs can do unpaid work through an approved program. For workfare, the amount of required work hours depends on the amount of benefits the CalFresh household received each month.
The time limit does not apply to people who are unable to work due to physical or mental health reasons, are pregnant, care for a child or incapacitated family member, or are exempt from the general work requirements.
Refer to Work Registration Requirements.
The Return of the ABAWD Time Limit
The time limit on ABAWDs is part of the law that governs the operation of CalFresh. It has been part of the law since 1996. Under the law, States can request to temporarily waive the ABAWD time limit when unemployment is high or when there are not enough jobs available.
Due to the economic downturn, California qualified for and chose to waive time limits in all of the State. Some parts of the country still have waivers in place. But, as the economy continues to improve, most states no longer qualify for time limit waivers, unless they have high unemployment or not enough jobs available. The ABAWD time limit waiver ends in the counties of Santa Clara, San Francisco, and San Mateo on August 31, 2018.
The 36-Month Period
California has implemented a 36-month “fixed statewide clock.” Under the “fixed statewide clock” option, the 36-month period has the same beginning and end date in all 58 counties for all ABAWDs. Therefore, regardless of when an ABAWD applies for CalFresh, they will have the same 36-month- period.
The first fixed statewide clock began on January 1, 2017, and will end on December 31, 2019. A new fixed statewide clock will begin on January 1, 2020.
Statewide Waiver
While the ABAWD time limit rule was suspended due to COVID-19 as of April 1, 2020, California was approved for a waiver of the ABAWD time limit statewide beginning July 1, 2021, through June 30, 2022. CA has received a new statewide waiver from July 1, 2022 to June 30, 2023 based on the State’s unemployment rate. The statewide waiver for the ABAWD time limit has been extended until October 31, 2025.
California Waiver Implementation Policies
Regardless of waiver status, counties must remain ready to transition off of the waiver when it expires and resume the time limit. All counties must continue to:
- Identify ABAWDs, screen for exemptions, and inform clients of ABAWD rules.
- Provide the CalFresh Informational Notice.
- Track the ABAWD calendar continuously during the 3-year period.
- Apply sanction requirements for CalFresh work registrants who voluntarily quit a job of 30 hours or more per week or which provides weekly earnings equal to, or greater than, the federal minimum wage times 30 or who reduce the weekly number of hours worked to less than 30 without good cause.
- Refer to Work Requirement Disqualifications for more information.
- The Percentage Exemption (known as “15% exemption”) must NOT be used during the waiver period under any circumstances.
- Track and report work registrant, ABAWD, and Employment and Training (E&T) data on the Non-Assistance CalFresh Work Registrants, Able-Bodied Adults Without Dependents, and Employment and Training Program Quarterly Statistical (STAT 47) report.