801.01 Exemptions from SNAP Work Requirements (FSM)

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EXEMPTIONS FROM SNAP WORK REQUIREMENTS

All individuals applying for SNAP benefits, aged 16 through 59, must comply with the work requirements, unless they are meeting one of the following exemptions:

• the individual is under age 16;

• the individual is age 60 or older;

• the individual is age 16 or 17, and not head of household;

• the individual is age 16 or 17, head of household and attending school or a training program half-time or more;

• the individual is a student aged 18 or older, attending school or a training program half-time or more, who meets student eligibility conditions listed in PART 239, STUDENTS;

• the individual is employed or self-employed and working a minimum of 30 hours weekly, or receiving weekly earnings at least equal to 30 hours multiplied by the federal minimum wage;

Exception: A self-employed individual who claims self-employment for 18 consecutive months must demonstrate a weekly net income of at least 30 hours times the federal minimum wage for 6 of the most recent 12 months.

The federal hourly minimum wage rate is $7.25.

Exceptions: Federal law permits a lower minimum wage to:

- Certain full time students, student learners, apprentices, and workers with disabilities under special certificates issued by the U.S. Department of Labor; and

- Employees under age 20, for the first 90 days of consecutive employment, may be paid an hourly minimum wage of $4.25.

• the individual is a regular participant in a drug or alcohol treatment and rehabilitation program;

• the individual is physically or mentally unfit for employment;

• the individual is responsible for the care of a child under age 6 or a disabled person living in the home;

- For an exemption due to the child’s age, the person must be the child's parent, foster parent, stepparent, adoptive parent, guardian, adult with legal custody, or, when no parent resides in the household, a member of the household exercising parental control;

• the individual is a participant in the New Hampshire Employment Program (NHEP);

• the individual is entitled to unemployment insurance benefits—even if the benefits have not yet been received—as long as the individual is registered for work with the state unemployment agency as part of the unemployment insurance process; or

• the individual is a migrant or seasonal farm worker under contract or similar agreement with an employer or crew chief to begin work within 30 days.

An Able Bodied Adult Without Dependents (ABAWD) who is exempt from SNAP work requirements is also exempt from ABAWD work requirements. See Section 245.03, Criteria for Exemption from ABAWD Work Requirements.

An individual who must comply with the SNAP work requirements is subject to the voluntary quit requirement and must accept a suitable job if offered one. See FSM 315 VOLUNTARY QUIT. The criteria for determining whether a job offer is suitable is the same as determining if an individual had good cause to voluntarily quit. See FSM 315.03 Good Cause for Voluntary Quit.

Review each individual’s status to see if they are exempt from work requirements when initial eligibility is determined, at recertification, and when the individual reports a change.

References: RSA 161:4-a,IV; 7 CFR 273.7(b); 7 USC 2015(c)(3)