MR #23.35: Change in Age Requirement and New Modified Exceptions (Exemptions) from SNAP Work Requirement Time Limits

 

12/18/2023

Summary

• This manual release provides the Family Community Resource Centers (FCRCs) with policy changes made as a result of the Fiscal Responsibility Act of 2023 (FRA), signed into law on June 03, 2023, that affects able-bodied adults without dependents (ABAWDs) receiving Supplemental Nutrition Assistance Program (SNAP) benefits. Although these changes have taken effect, States are being allowed time to modify their eligibility systems to accommodate these changes.
• The FRA includes a change to the age of individuals subject to the able-bodied adults without dependents (ABAWD) SNAP Work Requirement.
  • Beginning with initial and redetermination (REDE) applications filed on September 01, 2023 through September 30, 2023, the age requirement was changed to 18 through 50 years old.
  • Starting with initial applications and REDEs filed on October 01, 2023, and after, the age requirement is 18 through age 52 years old.
  • Individuals who are age 53 continue to be exempt from the Work Requirement through September 30, 2024.
  • Effective October 01, 2024, the age requirement will increase to 18 through 54 years old.  A future manual release will be provided to notify staff before this change is to be implemented.
• In addition, homeless individuals, veterans, and individuals under age 25 and who were in foster care at the time of their 18th birthday, are exempt from the Work Requirement policy. These exemptions are referred to as modified exceptions in the FRA.

• All counties in Illinois continue to be exempt from implementing the SNAP Work Requirement policy through October 31, 2024. However, when the FCRC is determining eligibility for SNAP, the applicable work exemption must still be determined for individuals in the Integrated Eligibility System (IES) who qualify for a Work Provision and Work Requirement exemption. This information is tracked and used for reporting purposes.
• IES is being modified to accommodate the change in the age requirements and the new exemptions. Because the entire State is waived from implementing the Work Requirement time-limited benefits policy, IES will not show the exemption status of the individual on the EDG Summary Screen. Instead, "participant residing in an exempt county" will display.
• The new modified exemptions should be applied based on the date the completed and signed application is received in the FCRC, and not based on the benefit month, or date the application is processed.
• Active SNAP households must be made aware of the new age requirement and exemptions before a negative action can be taken against a member who would be subject to the Work Requirement but has not been screened for an exemption. Centrally generated SNAP Work and Training Requirements (IL444-2293) used to inform individuals who are turning age 18 of the Work Requirement will be revised to include the new age group.
• The FRA also decreases the annual allotment of ABAWD discretionary exemptions and limits a State's ability to carry over unused discretionary exemptions. Discretionary exemptions are handled by the Family and Community Service (FCS) Central Office staff and no action is required by FCRC staff.
• The Work Requirement section and the nondiscrimination statement has been revised on the SNAP Work Rules (IL444-5175).
• Able - bodied Adults Without Dependents (ABAWDs) SNAP Work Requirement - Request for Exemption (IL444-2341) is under revision to include the new exemption reasons.
• SNAP Work Requirement Request - Medical-Service Provider Unfit to Work Determination (IL444-2340) is under revision and is an optional form that may be used to verify a customer's homeless status in a temporary shelter, halfway house or in the residence of another individual. The customer's statement is acceptable, but verification may be requested if questionable. A customer who claims to live in 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) need only provide their statement.
• A policy clarification from Food and Nutrition Service (FNS) is provided in this manual release regarding Cuban/Haitian entrants' right to claim good cause when they are unable to comply with SNAP Work Provisions and Work Requirements due to not having employment authorization to work or to participate in the Office of Refugee Resettlement (ORR) activities.
• Also includes a revision in PM 03-02-03 to remove the reference to Supportive Living Facilities (SLFs).

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Fiscal Responsibility Act of 2023 (FRA)

• The Fiscal Responsibility Act of 2023 (FRA), signed into law on June 03, 2023, for the Supplemental Nutrition Assistance Program (SNAP) makes changes to the SNAP Work Requirement policy, by gradually increasing the age range for able-bodied adults without dependents (ABAWDS), creating new exemptions and reducing the number of discretionary exemptions States are allowed to use.
• The new exemptions, referred to as modified exceptions in the FRA, are allowed based on the date the application is received and not based on the benefit month, or date the application is processed.
• The changes related to age requirements and exemptions are temporary through September 30, 2030.  

Implementation

• The changes in the FRA have taken effect, but States are being allowed time to modify their eligibility systems to accommodate these changes. The FRA provides the following changes:
  • Beginning with initial and redetermination (REDE) applications filed on September 01, 2023 through September 30, 2023, the age requirement was changed to 18 through 50 years old.
  • Starting with initial applications and REDEs filed on October 01, 2023, and after, the age requirement is 18 through age 52 years old.
  • Individuals who are age 53 continue to be exempt from the Work Requirement through September 30, 2024. Effective October 01, 2024, the age requirement will increase to 18 through 54 years old. A future manual release will be provided to staff before this change is implemented.
• IES system changes are effective 12/12/2023.
• All counties in Illinois remain exempt from implementing the SNAP Work Requirement policy through October 31, 2024. However, FCRC workers must still properly screen SNAP applicants and customers to determine if they are subject to the general Work Provisions and the Work Requirement and properly complete the applicable screens in IES. The new exemptions are not drop-down values.
• Workers are expected to begin applying these changes to SNAP households with members in the new age group 18-52 years old and the new exemptions at application, redetermination (REDE) and during the certification period, including any initial applications or REDEs that may be pending at the time of implementation.
• The SNAP Work Rules (IL444-5175) may be used as a guide to explain the Work Requirement policy to customers who fall within the 18 to 52 age group and would be subject to the Work Requirement if the policy was in effect in Illinois.
• Active SNAP households must be made aware of the new age requirement and exemptions before a negative action can be taken against a member who would be subject to the Work Requirement but has not been screened for an exemption. Centrally generated SNAP Work and Training Requirements (IL444-2293) used to inform individuals turning age 18 of the Work Requirement will be revised to include the new age group.

Modified Exceptions (Exemptions)

• The FRA provides the following new exemptions to be allowed only for those individuals who would be subject to the SNAP Work Requirement. The exemptions are not allowed under the Work Provisions. Ensure that the IES screens are completed correctly, including the Living Arrangements Detail Screen, Living Arrangement Type.
• There are no new verification requirements for the new exemptions. Only require verification of information that is determined to be questionable. If needed, help the household in obtaining verification, provided the household is cooperating, and accept any reasonable documentary evidence provided by the household. If documentary evidence cannot be obtained or is insufficient, the worker may use collateral contacts.

Homeless Individuals

• Chronic homelessness has been replaced with just a homeless exemption. An individual only needs to meet the definition of homeless to be exempt from the SNAP Work Requirement.
•  A homeless individual means 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 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).
• IES will systematically apply this exemption to a person in the 18-52 year old age group who does not meet a Work Provision exemption and would be subject to the Work Requirement when the applicable homeless selection (homeless, or homeless shelter or temporary living with a relative or friend) is made in the Living Arrangement Type drop down on the Living Arrangement Domicile-Details Screen.
• Examples of verifications if needed:
  • collateral contact with a homeless shelter,
  • written statement from the person the individual is staying with, or
  • any other individual aware of the individual's circumstances.
• SNAP Work Requirement Request - Medical-Service Provider Unfit to Work Determination (IL444-2340) is being revised and is an optional form that may be used to verify a customer's homeless status in a temporary shelter, halfway house or in the residence of another individual. The customer's statement is acceptable, but verification may be requested if questionable.
• A customer who claims to live in 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) need only provide their statement.

Veterans

• An individual who is a veteran is exempt from the SNAP Work Requirement. This includes individuals who served in the United States Armed Forces (Army, Marine Corps, Navy, Air Force, Space Force, Coast Guard, and National Guard), including a person who served in a reserve component of the Armed Forces, and who was discharged or released from duty, regardless of the conditions of such discharge or release, whether honorably or dishonorably. 
• IES will systematically apply this exemption to a person in the 18-52 year-old age group who does not meet a Work Provision exemption and would be subject to the Work Requirement when (Yes) is answered in the "Individual is a Veteran" drop-down on the Individual Demographics - SSN Application/Armed Services/Veteran/Survivor Information.
• Examples of verification if needed:
  • Service department records, such as a DD Form 214,
  • Certificate of Release or Discharge from Active Duty,
  • Original Certificate of Discharge, Report of Transfer or Discharge,
  • Military ID card indicating service in the armed forces,
  • Correspondence or contact from the Department of Veteran Affairs including benefit payment or award letter or VA ID Card,
  • Correspondence or contact from the Department of Veteran Affairs indicating service in the armed forces, or driver's license indicating veteran status.

Foster Care Individual

• An individual who is under age 25 and who was in a foster care program on their 18th birthday, such as the Illinois Department of Children and Family Services (IDCFS), a District, Territory, or Indian Tribal Organization and later left the custody of the State agency or organization is exempt from the SNAP Work Requirement. There is not an IES screen for the HSC to complete for this exemption. Do not select Foster Care in the Living Arrangement type for these individuals.

In State Foster Care

• The exemption for individuals who were in foster care in Illinois is systematically done by comparing the individual's information to an IDCFS data match to determine if the individual was in foster care at the time of their 18th birthday.

Out of State Foster Care

• Individuals who were in foster care at the age of 18 in another state cannot be coded correctly in IES until additional implementation is made in IES. Since the state continues to be under a waiver through 10/31/2024, workers should make a case comment that the correct exemption could not be indicated at this time.
• Beginning 11/01/2024, the individual would be shown as nonexempt and sent notification of the Work Requirements time-limited benefits explaining what the exemptions are and what to do if they have an exemption. Collateral contact from other social service workers or agencies, such as the agency administering the foster care program or Medicaid may be used as a source of verification or any documents the individual may have of being in foster care.

Note: This exemption does not apply to individuals who are still in foster care (PM 04-05-05).

Applying Exemptions During the Certification Period

• FCRCs are expected to screen for and apply the new exemptions to household members who fall within the age group 18-52 years old during the certification period.  Follow existing rules for acting on changes, including rules about unclear information, Change Reporting and Mid-Point Reporting status reporting requirements.
• Although a household may report and verify information voluntarily, the FCRC must ensure they have all the information needed to determine whether the individual would be subject to the SNAP Work Requirement before changing their exemption status, including screening for other exemptions.
  • Example 1: If a household reports during the certification period that a member is a veteran and the information is clear, whether the household provided proof or the worker was able to confirm that it is valid, the Individual Demographics - SSN Application/Armed Services/Veteran/Survivor Information Screen is answered (Yes) in the "Individual is a Veteran" drop-down.
  • Example 2: If the FCRC receives information that an unemployed individual turned 18 years old, but it is unclear whether they meet an exemption, then the FCRC would not change the status of the individual until the next REDE for a Change Reporting SNAP household or the next Mid-Point Report or REDE, whichever is applicable for a Mid-Point Reporting SNAP household.

Modification of ABAWD Discretionary Exemptions

The FRA modifies Section 6(o)(6) of the FNA by decreasing a State's annual allotment of individual ABAWD discretionary exemptions from 12 percent to 8 percent of the caseload subject to the ABAWD time limit. Discretionary exemptions are handled by the Illinois Department of Human Services (IDHS) Division of Family and Community Service (FCS) Central Office staff. No action is required by FCRC staff.

Form Revisions

The following forms are being revised. Staff will be notified when the new versions become available for use.

• Able - bodied Adults Without Dependents (ABAWDs) SNAP Work Requirement - Request for Exemption (IL444-2341) is being revised to include the new exemption reasons.
• SNAP Work Requirement Request - Medical-Service Provider Unfit to Work Determination (IL444-2340) is being revised to make changes to the homeless section of the form.
• SNAP Work and Training Requirements (IL444-2293) is systematically generated and is being revised to include the new age group.
• SNAP Work Rules (IL444-5175) is being revised to include the new age group and updates the nondiscrimination statement.

Work Requirements for Cuban/Haitian Entrants

• This manual release includes a policy clarification on the eligibility of Cuban/Haitian entrants who are approved to receive SNAP and are required to comply with the Work Provisions and Work Requirements, unless exempt. There aren't any specific exemptions from the SNAP work rules for Cuban/Haitians, however, a Cuban/Haitian may meet regular SNAP exemptions.  For example, a Cuban/Haitian participating in an Office of Refugee Resettlement (ORR) program at least half-time would be exempt under the Work Provisions (PM 03-15-02) because ORR programs are considered a recognized training program.
• A Cuban/Haitian entrant who has not received their employment authorization and are unable to work and/or are unable to participate in ORR activities because a federal agency has failed to provide work authorization should be granted good cause due to circumstance beyond the individual's control. 

Miscellaneous Manual Page Revision

This manual release includes a revision in PM 03-02-03 to remove the reference to Supportive Living Facilities (SLFs). Residents living in a SLF do not qualify for SNAP benefits.

Manual Revision

[signed copy on file]

Dulce M. Quintero

Secretary Designate, Illinois Department of Human Services

Forms reference:

IL444-2340

IL444-2341

IL444-2293

IL444-5175