California Department of Social Services - State Hearings Division
Notes from the Training Bureau - February 25, 1999

Effective February 1, 1997, MPP§ 63-410.45 provided that any food stamps received by an ABAWD in any month beyond the three month limit set out in Section 63-410 without such person meeting or being exempt from the ABAWD work requirement, would be an overissuance. Section 63-410.45 was repealed effective November 6, 1997.

Although §63-410.45 has been repealed, an ABAWD who received food stamp benefits beyond the three month limit without meeting or being exempt from the ABAWD work requirement would be ineligible for food stamps and there would be an overissuance under §63-801. The county could recoup the overissuance just as any other overissuance.

The only exception is set out in All County Letter 98-02 dated January 5, 1998. That letter stated if the county was operating under a waiver to the ABAWD requirement that expired, the county could choose to wait until recertification to determine if the ABAWD had complied with the ABAWD work requirement. If the county chose to wait until recertification following the expiration of the waiver, the county could not consider any food stamp benefits received by an ABAWD who did not meet the work requirement prior to recertification to be an overissuance.