AppendixA1-Section 6(o) of the Food and Nutrition Act

AppendixA1-Section 6(o) of the Food and Nutrition Act.docx

Supplemental Nutrition Assistance Program: Waivers under Section 6(o) of the Food and Nutrition Act of 2008

AppendixA1-Section 6(o) of the Food and Nutrition Act.docx

OMB: 0584-0479

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Attachment A


Section 6(o) of the Food and Nutrition Act

(o) Work Requirement.—

(1) Definition of work program.—In this subsection, the term “work program” means—

(A) a program under the title I of the Workforce Investment Act of 1998 [(29 U.S.C. 2801 et seq.)];

(B) a program under section 236 of the Trade Act of 1974 (19 U.S.C. 2296); and

(C) a program of employment and training operated or supervised by a State or political subdivision of a State that meets standards approved by the Governor of the State, including a program under subsection (d)(4), other than a job search program or a job search training program.

(2) Work requirement.—Subject to the other provisions of this subsection, no individual shall be eligible to participate in the supplemental nutrition assistance program as a member of any household if, during the preceding 36-month period, the individual received supplemental nutrition assistance program benefits for not less than 3 months (consecutive or otherwise) during which the individual did not—

(A) work 20 hours or more per week, averaged monthly;

(B) participate in and comply with the requirements of a work program for 20 hours or more per week, as determined by the State agency;

(C) participate in and comply with the requirements of a program under section 20 or a comparable program established by a State or political subdivision of a State; or

(D) receive benefits pursuant to paragraph (3), (4), (5), or (6).

(3) Exception.—Paragraph (2) shall not apply to an individual if the individual is—

(A) under 18 or over 50 years of age;

(B) medically certified as physically or mentally unfit for employment;

(C) a parent or other member of a household with responsibility for a dependent child;

(D) otherwise exempt under subsection (d)(2); or

(E) a pregnant woman.

(4) Waiver.—

(A) In general.—On the request of a State agency, the Secretary may waive the applicability of paragraph (2) to any group of individuals in the State if the Secretary makes a determination that the area in which the individuals reside—

(i) has an unemployment rate of over 10 percent; or

(ii) does not have a sufficient number of jobs to provide employment for the individuals.


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