Calculation of period prescribed for determining whether federal work requirement for eligibility for Supplemental Nutrition Assistance Program is met; waiver of and exemptions from requirement; workfare program

1. The Department shall: (a) Calculate the 36-month period prescribed by 7 U.S.C. § 2015(o)(2) such that the period begins and ends on fixed, definite dates that are the same for each recipient of benefits under the Supplemental Nutrition Assistance Program in this State and runs continuously. (b) Seek a waiver pursuant to 7 U.S.C. § 2015(o)(4) whenever this State or any portion thereof is eligible for a waiver under the provisions of that section to allow a group of persons who are otherwise subject to the 3-month limit to receive Supplemental Nutrition Assistance Program benefits pursuant to 7 U.S.C. § 2015(o)(2) to continue to receive such benefits without meeting the federal requirements. (c) Adopt regulations to establish a voluntary workfare program in accordance with the requirements set forth in 7 C.F.R. § 273.7(m)(8) to allow a person to meet the eligibility requirements set forth in 7 U.S.C. § 2015(o)(2) by participating in such a program. The voluntary workfare program must provide that participants will receive benefits at a rate equivalent to the state minimum wage. 2. The Division may: (a) To the extent authorized by the provisions of 7 U.S.C. § 2015(o)(6), grant exemptions to persons from the 3-month limit to receive Supplemental Nutrition Assistance Program benefits pursuant to 7 U.S.C. § 2015(o)(2); and (b) Prioritize a person for such an exemption: (1) If the person works more than 20 hours per week for part of a year and less than 20 hours per week for the remainder of the year; (2) For 1 year after the person was discharged from the Armed Forces of the United States or the National Guard; (3) If the person does not have custody of his or her child but is responsible for child support; or (4) If the person is an unpaid caregiver for a parent, child or sibling who is elderly or disabled. 3. The Division may contract with appropriate persons or entities to assist in determining whether a person is eligible to receive benefits under the provisions of any waiver granted pursuant to paragraph (b) of subsection 1 or is eligible for any available exemption from the 3-month limit for receiving Supplemental Nutrition Assistance Program benefits prescribed by 7 U.S.C. § 2015(o)(2).