Library: Policy

340:50-5-101. Exemption to able-bodied adult without dependents (ABAWD) work requirements

Revised 10-2-23

Per Section 273.24(g) of Title 7 of the Code of Federal Regulations (7 C.F.R.  § 273.24(g)), the Oklahoma Department of Human Services (OKDHS) may provide an exemption from the three-countable months during any 36-month period rule for ABAWDs, per Oklahoma Administrative Code (OAC) 340:50-5-100(b), for up to eight percent of eligible ABAWDs per federal fiscal year.

(1) Eligible ABAWD.  An eligible ABAWD is a food benefit recipient or applicant denied eligibility solely because he or she received three-countable months during the current 36-month period.  This includes an ABAWD, who is not:  • 1

(A) exempt from ABAWD work requirements, per OAC 340:50-5-100(d);

(B) fulfilling work requirements, per OAC 340:50-5-100(a); or

(C) receiving Supplemental Nutrition Assistance Program food benefits because he or she regained eligibility for three-consecutive months, per OAC 340:50-5-100(e)(2).

(2) Tracking.  OKDHS tracks the number of exemptions used each month and reports the information to the United States Department of Agriculture Food and Nutrition Services regional office on a quarterly basis.

(3) Eight percent exemption.  OKDHS uses the allowable eight percent exemptions to extend food benefit eligibility to all ABAWDs whose eligibility OKDHS extended more than three-countable months in error.  Each exemption covers one month issued in error.

INSTRUCTIONS TO STAFF 340:50-5-101

Revised 10-2-23

1. The eight percent exemption is used by Adult and Family Services Supplemental Nutrition Assistance Program staff only to cover cases in which too many countable months were issued to an able-bodied adult without dependents in error.  When the exemption is applied, the ABWI screen shows an X month.