The federal SNAP program, called CalFresh in California, has a rule that limits benefits for some adults. People can only get CalFresh for 3 months in a 3-year period unless they show they are meeting a work requirement. California is expected to start using this rule on February 1, 2026.
To help get acclimated to the rule, here is a high level overview. This is not a replacement for the full trainings and materials that will be shared closer to when the rule starts. Until those updates are released, people can look at the state time limit policy handbook in All County Letter 19-93. But keep in mind: if a rule or exemption is not listed here, it no longer applies after HR 1. CDSS is waiting for the USDA to clarify some aspects of the law.
The rule used to be call the “ABAWD” rule, as it only applied to Able-Bodied Adults Without Dependents. The federal budget bill, HR 1, made some changes to the rule, including, for the first time in the history of the Food and Nutrition Act, applying the rule to individuals caring for a minor over 13 years of age. We refer to the new rule as “time limit” or “time limited benefits.”
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To whom does the rule apply?
Anyone between the ages of 18-65, unless exempt. (See below.)
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How does the rule impact receiving CalFresh benefits?
If the time limit applies (no exemption), a person can only get three months of benefits in a 36-month period. These months do not have to be in a row. This is a total, and the months need not be consecutive. People can get benefits for longer than 3 months if they show that they did some form of work or were in an approved work/training activity at least 20 hours a week, or had temporary good cause for not meeting the hours.
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What does a 36 month period actually mean?
CDSS runs a fixed statewide 36 month clock that applies to everyone, whether getting benefits or not. This means the clock is not based on when a person is first found to be subject to the time limit rule. California’s 36 month clock will start January 2026 and run through the end of 2029. During this time, people can get on and off CalFresh, be exempt, meet the rule through work activities, or use up their 3 months of time limited aid. When the clock “resets” January 2030, everyone starts fresh with a access to 3 months of benefits if they are subject to the time limit.
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Counties must SCREEN for exemptions
Counties must check if a person qualifies for an exemption. Federal rules define this as an evaluation by an eligibility worker to see if someone meets any exemptions from the general work requirements, any exceptions to the time limit, or if the person should be referred to an employment and training program.
- Federal regulation requires that counties screen for exemptions when someone applies (certification) and when they renew (recertification). Counties must give the longest exemption that fits the person’s situation. A county cannot count a month toward the time limit unless it has checked for exemptions and found that none apply.
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When does the rule NOT apply (exemptions)
The first step, if someone is in the age range for the time limit rule, is to check if they are exempt from the rule. Always start with a review of exemptions. Some people are exempt they do not have to “work register.” These people are never affected by the time limits. Others may fall under the rule, but they can show that they have a situation that excuses them from having to meet the rule.
The three-month cut-off does not apply if the person is:
Not required to work register:[1]
- Mentally or physically unfit for work (cannot regularly do 30 hours/week of work/training).[2]
- A parent or other household member responsible for the care of a dependent child under 6 or an incapacitated person. *That person does not need to be in the CalFresh household.
- People complying with CalWORKs work requirements.
- Applying for OR receiving Unemployment benefits.
- Applying for OR receiving Social Security benefits or any other type of disability benefit (veteran’s, state disability, pension, worker’s comp, etc.).
- Regularly participating in a drug addiction or alcoholic treatment and rehabilitation program (residential or otherwise).
- Earning at least $217.50/week ($870 month, averaged).
- Enrolled at least ½ time in a school or training program (and who otherwise qualifies to receive CalFresh as a student).
- California updates their list of approved Local Programs that Increase Employability (LPIEs) monthly. Students in one of the listed programs ½ time or more are eligible students. See ACL 22-46.
Exempt from the Time Limit Rule
- Mentally or physically unfit for work (cannot do 20 hours/week work/training)
- California includes in this category people who “indicators” that they are unfit: people who are struggling with a drug or alcohol problem, domestic violence survivors, and “chronically” homeless.
- This is not an automatic exemption. Counties must find that the individual’s unfitness to work must be associated with a physical or mental illness or condition, and document “unfit for medical reasons” in the case.
- A parent or other member of a household with responsibility for a dependent child under 14 years of age. *Even if minor is not eligible for CalFresh.
- Pregnant (any stage)
- An Indian or an Urban Indian, as defined in the Indian Health Care Improvement Act, or a Californian Indian defined at 25 U.S.C. §§ 1679.
- These are: An Indian (member or descendant of federally recognized tribes), an Urban Indian (person of Indian descent in urban centers designated by the U.S. Department of Health and Human Services), or a California Indian (an Indian eligible for services provided by the Indian Health Service in California)
California has applied for three counties (Tulare, Colusa, Imperial) to be exempted from the time limits based on high unemployment. This application is currently pending. If granted, the time limit rule will not apply to anyone receiving CalFresh through that county.
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Meeting the Work Requirement
People who are subject to the time limit can avoid having a month of benefits count toward their 3 out of 36 months if they are in a “work activity” for 20 hours a week (or an average of 80 hours a month). These activities include work, training and education.
- Work. In addition to paid work, work includes
- In-kind exchanges (such as working off rent)
- Volunteering in community service
- Self-employment
- Workfare (working off a public benefits, such as General Assistance/General Relief work programs or a private or public non-profit program approved by the county) – required hours = work level is grant divided by minimum age (likely less than 20/hours)
- Approved training programs
- CalFresh Employment & Training program activities of workfare, work experience, self-initiated workfare, education, and vocational training.
- Workforce Innovation and Opportunity Act programs
- Education programs
- Job search but only in combination with a work activity and limited to for 9 or few hours/week.
People may have a temporary good cause for not meeting the work requirements. If the county decides there is good cause, that month will not count toward the time limit.
- Good cause = circumstances beyond the individual’s control. This includes, but not limited to, illness, illness of another household member requiring the presence of the member, a household emergency, disaster declaration, or transportation not being available.
- Good cause includes being excused from work registration for the reasons set out in state regulation 63-407.51.
Counties are given a share of the state’s 8% “discretionary” exemptions. These are “last chance” exemptions. They are counted per person, per month. They can only be used for people who might lose federal SNAP benefits because of the time limits; they are not for people getting state-funded CFAP. California does not have any discretionary exemptions for FY 2025. ACL 19-93 (handbook) explains the statewide rules for using these exemptions.
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Screening for Time Limit Applicability
Counties must check for exemptions and whether the time limit applies when someone applies and when they recertify. The only required report about the time limit is when a person who is subject to the rule (not exempt) meets the work requirement, but then falls below 20 hours per week. In that case, the county must check again to see if the person qualifies for an exemption. If they do not, the month of benefits will start counting toward the 3 out of 36 months limit.
**Screening Mid-Certification
Federal regulation requires counties to screen individuals lose an exemption from the time limit rule mid-certification. Per the final time limit regulation preamble (p. 102350), if a person’s situation changes during the certification and they no longer meet a work registration exemption (for example, they involuntarily quit a job or reducing work hours), the county must check if they qualify for any other exceptions from work registration or the time limit, before counting months toward the 3 out of 36 limit.
If the county cannot reach the person to check mid-certification, it cannot start counting months. Counties cannot require the person to come into the office or contact the county to be rescreened, unless the person missed a mandatory report and there is unclear information. Currently, there is state policy on what it means to attempt to reach the individual to see if they remain exempt.
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Verification
Most exemptions can be granted based on the individual’s statement. Counties must accept these attestations unless it is “questionable” or verification is specifically required. The state defines “questionable” as when the person’s statements contradict each other or conflict with other information the county has.
Counties must follow 7 CFR 273.2(f) which allows use various types of verification, such as documentary evidence, data matches, or collateral contacts or attestations and prohibits requiring only one source of proof.
Before asking a person for verification, counties must check all available information in their system or through data-sharing agreements. Counties are also required to help the person get verification if asked. The CW2200 form must be used to request any required verification.
The following exemptions require proof:
- Income (for example to show earning $217.50/week or average of $870/month)
- Work Hours (for any activity meeting the 20 hours/week work/training/education)
- Unfitness: If a person’s unfitness is not obvious, a statement from a medical provider is required. This can come from a doctor, physician’s assistant, nurse, nurse practitioner, licensed or certified psychologist, social worker, or any other medical professional the state agency considers appropriate. The statement must include:
- The existence of a disability;
- The expected duration of the disability; and
- The extent to which the disability impairs the individual’s ability to be employed or participate in program requirements (30 hours to be exempt from work registration, 20 from the time limit rule)
- Disability Benefits: Counties can only ask for proof if “not known to county” – most benefits will show in the “MEDS” system.
- Office of Refugee Resettlement Training Program: statement from the ORR or a collateral contact.
- Questionable statements
- Newly qualifying for an exemption (someone who had been subject to the time limit rule):
- If during the certification period a person subject to the time limit reports an exemption, the county must act promptly. The county cannot count a month toward the 3 out of 36 limit once it receives information that is not questionable.
- If questionable, the state must exempt the person upon receiving verification they meet an exemption. When verifying questionable information, the county must check available information/data sources before asking the person for documents or other proof. To make this process faster, counties may be able to check data and ask for verification at the same time. (Need for state policy.)
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Reporting
People meeting the work requirements through work activities (any kind) must report within 10 days if their participation dropped below the 20 hours/week 80/hour month average. There are no other mid-period reports for people subject to the time limit.
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Getting back onto benefits
If someone loses benefits because of the time limit rules, they can’t get them back until they meet the requirements. There’s no limit to how many times a person can regain eligibility during the 36-month period. A person can get their benefits back if they:
- Meet the work requirement for any consecutive 30-day period before application;
- Qualify for a time limit exemption for any part of the month;
- Move to a county with a waiver from the time limit; or
- Reach the end of the 36-month period.
If someone who lost benefits because of the time limit gets back on by meeting the work hours, they can get 3 more months if the stop meeting the required hours and don’t meet an exemption. Those 3 months are consecutive, and people can get that extra time only once during the 36-month period.
[1] There are other categories of people who are excluded from work registration, who are not listed here because they are not in the age range for the time limits.
[2] This is a higher standard than the time limit exemption for unfitness.
For additional information, see the CalFresh site.
