• What are the exemptions?
• Definition of “medically unfit”
• Loss of a work exemption

What are the exemptions?

The general authority for work exemptions can be found at 7 U.S.C. § 2015(d)(2); 7 C.F.R. § 273.7(b) (1); and MPP § 63-407.21.]  All those applying for food stamps must register for work when they apply for food stamps unless they are exempt. [7 C.F.R. § 273.7(b) (1); MPP § 63-407.21.]

Food stamp applicants and recipients are exempt if they fit one of the following:

• under 16 years old [7 C.F.R. § 273.7(b) (1) (i); MPP § 63-407.21(a).]
• 16 or 17 years old and not the head of the household [7 C.F.R. § 273.7(b) (1) (i); MPP § 63-407.21(a)(1).]
• 16 or 17 years old and attending school or an employment training program at least half-time [7 C.F.R. § 273.7(b)(1)(i); MPP § 63-407.21(a)(1).]
• over age 59 [7 C.F.R. § 273.7(b)(1)(i); MPP § 63-407.21(a).]
• physically and mentally unfit for employment as defined by the state agency; but the state may not define unfitness less restrictively defined than for its TANF [CalWORKs] program [7 C.F.R. § 273.7(b)(1)(ii)(b); MPP § 63-407.21(b).]
• working at least 30 hours per week (including the self-employed) [7 C.F.R. § 273.7(b)(1)(vii); MPP § 63-407.21(g).]
• earning wages at a job at least equal to the federal minimum wage multiplied by 30 hours (including the self-employed). [7 C.F.R. § 273.7(b)(1)(vii); MPP § 63-407.21(g).]
• a migrant or seasonal farm worker under contract to begin work within the next 30 days who will work 30 hours or earn the equivalent wage (see above). [7 C.F.R. § 273.7(b)(1)(vii); MPP § 63-407.21.(g).]
• responsible for caring for a child under six or an incapacitated person [7 C.F.R. § 273.7(b)(1)(iv); MPP § 63-407.21(d).]
• subject to TANF [CalWORKs] work program or other work requirement under Title IV of the Social Security Act [7 C.F.R. § 273.7(b)(1)(iii); MPP § 63-407.21(c).]
• regular participant in a drug addiction or alcoholic treatment and rehabilitation program [7 C.F.R. § 273.7(b)(1)(vi); MPP § 63-407.21(f).];
• receiving unemployment insurance benefits [7 C.F.R. § 273.7(b)(1)(v); MPP § 63-407.21.(e).]
• applying for unemployment and who is registered for work through EDD. [7 C.F.R. § 273.7(b)(1)(v); MPP § 63-407.21(e).];
• a student enrolled at least half-time in any school, training program or college. (For more about rules affecting students, see the section about special rules for students and others in unusual situations.)

[7 C.F.R. § 273.7(b)(1)(viii); MPP § 63-407.21(h).

Definition of "medically unfit"

The term "medically unfit" in the food stamp program is not the same strict standard used for disability programs like Social Security disability or SSI. [See, e.g., Hoss v. Adult and Family Servs. Div., 719 P.2d 1316 (Or. Ct. App. 1986); and Humphries v. Adult and Family Servs. Div., 713 P.2d 1073 (Or. Ct. App. 1986); Tanele v. Sunn, 698 P. 2d 280 (Haw. 1985).]  The fact that someone can do some things in life does not necessarily mean that the person can work. [See, e.g., Akel v. New Mexico Human Servs. Dep't 749 P.2d 1120 (N. M. Ct. App. 1987) (working in a sheltered environment).]  The food stamp office should consider a person’s physical condition in relation to the relevant factors, such as age, education, training and experience. [See, e.g., Archuleta v. Bowen, 655 F. Supp. 1196 (D. Wyo. 1987).]  The condition can be temporary or permanent. The food stamp office may ask someone for some proof that s/he cannot work due to a mental or physical condition. [7 C.F.R. § 273.7(b)(1)(ii); MPP § 63-407.21(b).]  Proof can include such things as a letter from a medical professional, a finding of “unemployable” for the County’s GA/GR program, medical records, or similar items. If someone is on any kind of private or government disability program, that award letter should also be enough to prove the person is exempt from work registration. [MPP § 63-407.21(b).]

Loss of a work exemption

When recipients lose exemption status, they must register for work with the county welfare department. They may be required to register when they are required to report a change in circumstance, at their next recertification or within 10 calendar days from the date they lose their eligibility for a work program. [7 C.F.R. § 273.7(b)(2)(i); MPP § 63-407.221-223.]