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 ABAWD time limit applies to individuals who are not exempt or do not meet the work requirement. 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 a longstanding provision in the federal law that governs CalFresh. It has been in effect 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 ABAWD time limits statewide. While some parts of the country still have waivers in place, most states no longer qualify unless they experience high unemployment or insufficient job availability. The ABAWD time limit waiver for Santa Clara, San Francisco, and San Mateo counties ended on August 31, 2018. However, the ABAWD time limit rule was suspended nationwide due to COVID-19 beginning April 1, 2020.

California was subsequently approved for a statewide ABAWD waiver from July 1, 2021, through June 30, 2022. This waiver was renewed from July 1, 2022, to June 30, 2023, based on the state’s unemployment rate, and later extended through October 31, 2025.

A new one-year statewide ABAWD time limit waiver is in effect from February 1, 2025, through January 31, 2026.

Effective June 1, 2026, the ABAWD time limit will be implemented in California.

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.

A new fixed statewide clock will begin on January 1, 2026, and continue through December 31, 2028.

Countable Months

An ABAWD’s eligibility for CalFresh is limited to three full countable months of benefits within the 36-month period, unless the individual is exempt from the time limit, satisfying the work requirement, or living in an area with a waiver of the ABAWD time limit. Each of these three full months of benefits is referred to as a “countable month”. The SSBS must track an ABAWD’s use of their three countable months to correctly determine their CalFresh eligibility.

Any full month during which an ABAWD subject to the time limit does not satisfy the work requirement and receives CalFresh benefits is referred to as a “countable month.” A countable month is any month in which an ABAWD, subject to the time limit, receives CalFresh benefits for the full month while not:

Satisfying the ABAWD work requirement;
Being exempt from the ABAWD time limit;
Living in a county or area with a waiver of the ABAWD time limit; or
Receiving an exemption.

Identifying a Countable Month

A countable month is any month in which an ABAWD subject to the time limit receives CalFresh benefits for a full month while not exempt, satisfying the work requirement, or living in an area with a waiver of the ABAWD time limit.

The following are not considered a countable month when the ABAWD:

Satisfies the work requirement during the month;
Receives a partial/prorated month of benefits;
Qualifies for an exemption for any part of the month;
Lives in a waived county or area;
Turns age 65 during the month; or
Receives an exemption.

Tracking Countable Months

The SSBS must track an ABAWD’s use of their three countable months within the 36-month period. Countable months do not need to be used consecutively. An ABAWD may temporarily find sufficient employment, stop participating in CalFresh for some time, become temporarily exempt, or experience other circumstances that may cause them to use their three countable months non-consecutively.

An ABAWD’s monthly CalFresh participation status is tracked in the ABAWD Status List page in CalSAWS.

Note: Refer to the ABAWD Guide for complete CalSAWS guidance.

Moving Between Waived and Non-Waived Areas within the State

Due to regional differences in unemployment rates, certain counties or areas within counties may be waived from the ABAWD time limit. Moving between waived and non-waived areas within the 36-month period does not “restart” the three-month time limit. If an ABAWD has used any countable months during the 36-month period, those countable months will count toward the individual’s three-month time limit, regardless of the ABAWDs movement between waived and non-waived areas. That is why an individual’s record of the 36-month period remains with the individual until a new 36-month period begins.

Counting months starts or stops based on the waiver eligibility of the area where the individual resides within the 36-month period. Months of benefits received while residing in a waived area do not count toward the three-month time limit. CalSAWS displays Geographically Waived for months in which an ABAWD lives in a waived area.

Moving to a Waived Area

When an ABAWD moves to an area that is waived, the ABAWD is no longer subject to the time limit. The individual does not need to satisfy the work requirement or verify exemption eligibility. If the individual was previously disqualified for exhausting their three countable months, the disqualification shall be lifted and they may again receive CalFresh if otherwise eligible.

Moving to a Non-Waived Area

If an ABAWD moves from a waived to a non-waived area during the 36-month period, the ABAWD will become subject to the time limit. The individual must satisfy the work requirement the first month following the move, receive an exemption, or be otherwise exempt while residing in the non-waived area or they will be assigned a countable month for each full month of benefits received.

Inter-County Transfer (ICT) Implications

When a household that contains a member that is an ABAWD subject to the time limit moves to a non-waived county and an ICT is completed, the receiving county is responsible for tracking the ABAWD the month in which the ICT is completed and moving forward (until the ABAWD moves again). The receiving county must determine the ABAWD’s status and complete the corresponding tracking whether the receiving county is a waived or non-waived area.

This applies unless the receiving county is under a time limit waiver, in which case the ABAWD must be tracked (i.e. residing part of the month in a waiver county), but does not need to satisfy the work requirement the month the ICT is complete. If the individual is moving from a waived county or area, they are not required to satisfy the work requirement until the first month following the ICT.

Note: A full record of the ABAWD’s 36-month calendar is accessible in CalSAWS and must be referenced by the receiving county at the time the ICT is processed to aid in properly determining the individual’s ABAWD status.

Reminder: Counties can retroactively apply exemptions for ICTs. If the SSBS of the receiving county discovers a change in ABAWD status, the SSBS can retroactively make the changes without contacting the sending county. The changes will also be updated in CalSAWS.

Use of Countable Months Out of State

A countable month may be accrued in California or in another state. If there is evidence that an individual subject to the ABAWD time limit received SNAP benefits in another state, the county must verify countable months used while residing in the other state. If the ABAWD accrued countable months during California’s current 36-month period, the county must update the client’s record in CalSAWS to reflect the countable months that were used in the other state.

Acceptable verification from the other state agency includes a written or verbal statement (notated in the case record) or a printed image of the individual’s record of the 36-month period indicating countable months used in the other state. If necessary, the individual’s CalSAWS record must be updated, even if the client is residing in a time limit waiver area in California at the time of application.

Important: If an ABAWD subject to the time limit was not exempt and used a countable month in another state, the county must count that month, even if the client would have been exempt had they been receiving benefits in California.

Note: The CA counties must only consider countable months that fall within the state’s 36-month period. Any countable month used prior to June 1, 2026, in other states must be disregarded.