SECTION 340:50-5-101. Exemption to Able-Bodied Adult Without Dependents (ABAWD) Work Requirements

  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 (DHS) 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 12 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:

(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. DHS 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)   12 percent exemption. DHS uses the allowable 12 percent exemptions to extend food benefit eligibility for one additional month to ABAWDs whose eligibility was extended more than three-countable months in error.

[Source: Added at 35 Ok Reg 1659, eff 9-17-18; Amended at 37 Ok Reg 122, eff 10-2-19 (emergency); Amended at 37 Ok Reg 1836, eff 9-15-20]