State of Wisconsin |
HISTORY |
The policy on this page is from a previous version of the handbook.
6.3.1 Non-ABAWD and Exempt ABAWD Participation Requirements
6.3.2 Non-Exempt ABAWD Participation Requirements
6.3.2.1 Definition of Working for ABAWDs
6.3.2.2 ABAWD Work Requirement
6.3.2.3 Determining Required Hours of Participation
6.3.2.4 Determining Required Hours of Workfare Participation
6.3.3 FSET Monthly Participation Limit
FSET volunteers who are non-ABAWDs or exempt ABAWDs do not need to meet the ABAWD work requirement and are not required to complete at least 80 hours of FSET participation per month. However, to maintain enrollment, this group of FSET volunteers is required to participate in FSET activities for at least 12 hours per month. FSET agencies are required to work with the volunteer to establish reasonable expectations and hours of participation.
Non-exempt ABAWDs who do not meet the ABAWD work requirement will only be allowed to receive up to three full months of FoodShare (FS) benefits in a 36-month time period. ABAWDs subject to time-limited benefits (TLBs) may choose to meet the work requirement by participating in FSET.
For ABAWDs, working is defined as one of the following:
Work in exchange for money;
Work in exchange for goods or services (in-kind);
Unpaid work (e.g. volunteer work, community service);
Self-employment; or
Any combination of the above.
An ABAWD is considered to be meeting the ABAWD work requirement if one of the following applies:
Working a minimum of 80 hours per month. Use converted work hours if paid weekly or bi-weekly;
Participating in and complying with the requirements of an allowable work program* at least 80 hours per month; or
Both working and participating in an allowable work program for a combined total of at least 80 hours per month.
Participating in and complying with the requirements of a workfare program.
* See Appendix E for information about ‘allowable’ work programs. This information is relevant when counting participation hours for non-exempt ABAWDS who are co-enrolled in FSET and another allowable work program.
Note: Participation in the FSET program is voluntary. ABAWDs subject to TLBs may choose to meet the work requirement by participating in FSET. A non-exempt ABAWD enrolled in FSET must participate in qualifying activities in order to meet the work requirement and maintain ongoing FS eligibility.
Non-exempt ABAWDs who enroll and participate in FSET as a way to meet the work requirement may or may not need to participate in FSET for the full 80 hours per month. Some individuals may be partially meeting the work requirement through part-time work or participating in a work program other than FSET for fewer than 80 hours per month. These individuals can fulfill the full 80-hour work requirement by participating in FSET to close the gap in hours. The FSET worker should review each case independently in order to determine the number of FSET participation hours required of each non-exempt ABAWD to meet the work requirement.
FSET participation requirements differ for workfare, in terms of the number of hours needed for a non-exempt ABAWD to meet the work requirement. The number of required workfare hours per month is equivalent to the household’s current monthly FS allotment divided by the state or federal minimum wage, whichever is higher. Weekly workfare hours must be established after accounting for hours of participation in other programs, such as a Title IV work program. Non-exempt ABAWDs are allowed to voluntarily participate beyond the maximum number of required workfare hours, if they so choose. It is not allowable to require additional hours of participation beyond the maximum requirement calculated as described above. Changes in the amount of the monthly FS allotment may increase or decrease the number of required monthly hours for workfare. If there is a change in benefit amount, the FSET agency should recalculate the required number of participation hours, and apply that change beginning the month which follows the month the change in allotment becomes known to the FSET agency.
Workfare is a household-level program, meaning that all non-exempt ABAWD household members may share the hourly obligation during the course of a month. One member’s failure to meet FSET participation requirements does not impact another non-exempt ABAWD household member’s eligibility for past or current months, but it may for future months because the other ABAWD(s) would then be required to meet the full workfare monthly hours obligation.
FSET agencies should document in the FSET participant’s PIN comments when the participant lives in a household that includes multiple ABAWDs sharing responsibility for meeting workfare participation requirements. ABAWDs are not required to report changes in household composition to their IM agency, except at the time of FS renewal or Six Month Report Form (SMRF). When a change in household composition is reported, this status change will not result in a referral update being sent to the FSET agency for individuals who remain on the case. An updated referral will be sent when an individual is deleted from a case. When the FSET worker receives a referral update for a workfare participant with a status of “FoodShare Ineligible,” they should check the CARES Worker Web (CWW) case to see if there are or were other workfare participants whose hourly participation requirement needs to be updated.
Example 1: Tim and Joe are receiving $200 in FS benefits per month. Minimum wage is $7.25 per hour. The FSET agency divides the monthly allotment of $200 by the minimum wage of $7.25, and determines that Tim and Joe must participate in workfare for a combined total of 28 hours per month. ($200 ÷ $7.25 = 27.58 or 28 hours per month)
Tim and Joe may choose to share the responsibility equally by each participating 14 hours per month to meet the participation requirement, or may agree to divide the hours so that one of them participates for more hours than the other. It is allowable for either Tim or Joe to complete all required household hours on his own. |
Example 2: In August, Lisa and Kim share workfare participation requirements equally. On September 20, Lisa reports that Kim moved out of the home. Lisa becomes solely responsible for completing the workfare participation requirement effective November 1. If the change had been reported prior to September Adverse Action (AA), the change would have been effective October 1. Because of reduced reporting requirements, she was not required to report the change; so if she had not reported the change, there would not be an over-payment of FS benefits, even if she did not meet the entire workfare participation requirements by herself. |
Prior to placing an ABAWD in a workfare position, a job search period may be established for up to 30 days. Participants completing a 30-day job search period will be expected to attend job seeking skills workshops prior to contacting employers. During the job search period, members are considered to be participating in and complying with the requirements of workfare, thereby meeting the participation requirement for ABAWDs. ABAWDs who do not obtain employment after the 30 days will be assigned to a workfare position in the community, as determined appropriate based on the participant assessment.
Section 4108 of the 2008 Farm Bill states that FSET volunteers are not subject to the 120 hour-a-month participation limit or the requirement that the number of hours of participation cannot exceed the household’s FS allotment divided by the minimum wage.
The provision extends FSET eligibility to individuals who work part-time or full-time. The policy allows a FS member to receive employment and training services to increase opportunities for job security, career enhancement and/or advancement.
This page last updated in Release Number: 15-03
Release Date: 06/02/2015
Effective Date: 06/02/2015
Notice: The content within this manual is the sole responsibility of the State of Wisconsin's Department of Health Services (DHS). This site will link to sites outside of DHS where appropriate. DHS is in no way responsible for the content of sites outside of DHS.
Publication Number: P-00419