10-144 C.M.R. Ch. 301; Supplemental Nutrition Assistance Program (SNAP) Rules; Section 111-7; SNAP Rule #238A - ABAWD Update

Date posted:

Attachment(s):

10-144 C.M.R. Ch. 301; Supplemental Nutrition Assistance Program (SNAP) Rules

Section 111-7

SNAP Rule #238A - ABAWD Update

The adopted rule effectuates routine technical changes to 10-144 C.M.R. Chapter 301; Supplemental Nutrition Assistance Program (SNAP) Program Rules, Section 111-7, ensuring consistency with 7 C.F.R. § 273.24(c).

Based on recent guidance from the U.S.D.A. - Food and Nutrition Services (F.N.S.), the Department determined it necessary to update Section 111-7, 1(B)(3) clarifying that an individual is no longer an Able-Bodied Adults Without Dependents (ABAWD) “As of October 1, 2024, beginning the month they turn fifty-five (55) years of age.”

In addition, the adopted rule made non-substantive changes to—

  • Identify ages as numbers and remove written ages for consistency with other sections within this rule;
  • Correct typographical errors in 2(A)(2) and 5(B) where TAA replaces TRA;
  • Remove Code of Federal Register (C.F.R.) citations from the header of Section 111-7, as the citations are unnecessary, are identified within the sections as applicable, and for consistency with other Sections within the SNAP Rules; and
  • Replace Food Supplement Program in the Section 111-7 header with SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) RULES as the former is no longer applicable.

Retroactive rulemaking is permissible under 22 M.R.S. § 42(8)(A) as this update is necessary to comply with federal requirements, provides a benefit to SNAP recipients and does not adversely impact applicants, participants, beneficiaries, or providers.

Based on additional guidance from U.S.D.A. – F.N.S., the Department determined it necessary to make non-substantive changes to the final rule to provide further clarity for individuals no longer ABAWDs as of September 1, 2023 and October 1, 2023. The adopted rule makes the following changes:

  • Section 111-7(B)(1) as “As of September 1, 2023, beginning the month they turn 51 years of age.”
  • Section 111-7(B)(2) as “As of October 1, 2023, beginning the month they turn 53 years of age.”

Retroactive rulemaking is permissible under 22 M.R.S. § 42(8)(A) as this update is necessary to comply with federal requirements, provides a benefit to SNAP recipients and does not adversely impact applicants, participants, beneficiaries, or providers.

This rule will not have an adverse impact on municipalities or small businesses.

Statutory Authority: 22 M.R.S. §§ 42(1) and (8); 3104; and 7 C.F.R. 273.24(c)

Effective Date: July 15, 2025

Office: Office for Family Independence

Comment deadline:

Effective date:

Send a comment