Section 121.18 Work Requirement

Section 121

Section 121.18  Work

Requirement

a)         An individual is restricted to three months of eligibility for

SNAP benefits during a 36-month period unless the individual meets the work

requirement, or is exempt from meeting the work requirement, or the State is

operating under an applicable federal waiver.  The 36-month period is a fixed

time period established by the USDA Food and Nutrition Service for the entire state.

b)         An individual meets the work requirement by working an average

of 20 hours per week, or by participating in workfare for the required number

of hours.

c)         An individual is exempt from meeting the work requirement if

the individual is:

1)         Pursuant to the age requirement defined in the Fiscal

Responsibility Act of 2023 (FRA) (see 7 U.S.C. 2015(6)(o)(3)(A));

A)        under age 18 or 51 years of age and older, effective September

1, 2023;

B)        under age 18 or 53 years of age and older, effective October 1,

2023;

C)        under age 18 or 55 years of age and older, effective October 1,

2024.

2)         medically certified as physically or mentally unfit for

employment;

3)         pregnant;

4)         a student enrolled at least half time;

5)         a member of a household responsible for a dependent child;

6)         responsible for the care of an incapacitated person;

7)         participating in a substance use disorder treatment and

rehabilitation program;

8)         receiving weekly earnings of at least the federal minimum wage

times 30 hours;

9)         receiving Unemployment Insurance;

10)       homeless as defined in Section 3 of the Food and Nutrition Act

(FNA) of 2008 (see 7 U.S.C

child;

6)         responsible for the care of an incapacitated person;

7)         participating in a substance use disorder treatment and

rehabilitation program;

8)         receiving weekly earnings of at least the federal minimum wage

times 30 hours;

9)         receiving Unemployment Insurance;

10)       homeless as defined in Section 3 of the Food and Nutrition Act

(FNA) of 2008 (see 7 U.S.C. 2012(l)) and at 7 CFR 271.2, means an individual

who lacks a fixed and regular nighttime residence or an individual whose

primary nighttime residence is:

A)        A supervised shelter designed to provide temporary

accommodations (such as a welfare hotel or congregate shelter);

B)        A halfway house or similar institution that provides temporary

residence for individuals who would otherwise be institutionalized;

C)        A temporary accommodation for not more than 90 days in the

residence of another individual; or

D)        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).

11)       a veteran who served in the United States Armed Forces,

including in a reserve component of the United States Armed Forces and who was

discharged or released from there, regardless of the conditions of such

discharge or release;

12)       under age 25, and who was in a foster care program such as

through the Illinois Department of Children and Family Services (DCFS) or a

District, Territory, or Indian Tribal Organization on their 18

th

birthday, and later left the custody of the state agency or organization; or

13)       residing in an area which is exempt from this requirement (see 7

U.S.C. 2015(o)(4)(A)(i) and (ii)).

d)         An individual who has been denied eligibility because that

individual does not meet the work requirement may qualify for three additional

months of eligibility for SNAP in the 36-month period

r 18

th

birthday, and later left the custody of the state agency or organization; or

13)       residing in an area which is exempt from this requirement (see 7

U.S.C. 2015(o)(4)(A)(i) and (ii)).

d)         An individual who has been denied eligibility because that

individual does not meet the work requirement may qualify for three additional

months of eligibility for SNAP in the 36-month period.  To qualify for the

three additional months of eligibility for SNAP, during a 30-day period, the

individual must:

1)         work (paid or unpaid) an average of 20 hours per week (80

hours monthly); or

2)         participate in and comply with workfare.