WSR 97-03-035

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Economic Services)

(Public Assistance)

[Filed January 9, 1997, 1:03 p.m.]

Purpose: Requires able-bodied adults, eighteen through fifty, without dependents, to work, participate in a work program or participate in workfare to continue to receive food stamp benefits.

Statutory Authority for Adoption: RCW 74.04.510.

Adopted under notice filed as WSR 96-24-031 on November 25, 1996.

Changes Other than Editing from Proposed to Adopted Version: The following changes were made:

WAC 388-49-355 (2)(c) now reads: A state-approved work program. The words "employment and training" were deleted.

WAC 388-49-355 (3)(f)(iii) now reads: "A student enrolled at least half time in any institution of higher education." The words "recognized school, training program or" were deleted.

Number of Sections Adopted in Order to Comply with Federal Statute: New 1, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Thirty-one days after filing.

January 9, 1997

Merry A. Kogut, Manager

Rules and Policies Assistance Unit

NEW SECTION

WAC 388-49-355 Work requirements for able-bodied adults without dependents. (1) Except as provided in subsection (4) and (6) of this section, an individual shall not be eligible to participate in the food stamp program for more than three full months in the thirty-six month period beginning January 1, 1997 unless the individual fulfills one of the following requirements:

(a) Works at least twenty hours a week averaged monthly;

(b) Participates in and comply with the requirements of a work program for twenty hours or more per week; or

(c) Participates in a workfare program.

(2) A work program is defined as a program under:

(a) Job Training Partnership Act;

(b) Section 236 of the Trade Act of 1974; or

(c) A state-approved work program.

(3) The department shall exempt an individual from subsection (1) of this section who is:

(a) Under eighteen or over fifty years of age;

(b) Physically or mentally unfit for employment;

(c) A parent or other member of a household with responsibility for a dependent child under eighteen or an incapacitated person;

(d) A pregnant woman;

(e) Living in an exempt area approved by United States Department of Agriculture; or

(f) Otherwise exempt under food stamp employment and training as follows:

(i) Complying with the work requirements of the JOBS program;

(ii) Receiving unemployment compensation;

(iii) A student enrolled at least half time in any institution of higher education.

(iv) A regular participant in a drug addiction or alcoholic treatment and rehabilitation program; or

(v) Employed a minimum of thirty hours per week or receiving weekly earnings which equal the minimum hourly rate multiplied by thirty hours.

(4) An individual who is ineligible for food stamp program benefits because that individual has exhausted the three-month limit in subsection (1) of this section, shall regain eligibility by doing one of the following:

(a) Works eighty hours or more during a thirty-day period;

(b) Participates in and complies with a work program for eighty hours or more during a thirty-day period; or

(c) Participates in and complies with a workfare program.

(5) An individual who regains eligibility under subsection (4) of this section shall remain eligible as long as the individual meets the requirements of subsection (1) of this section.

(6) An individual who regains eligibility in subsection (4) of this section and subsequently loses employment or ceases participation in a work program or in workfare, shall continue to be eligible for an additional three consecutive months provided the individual is otherwise eligible. The consecutive three-month period begins the month following the date the individual first notifies the department the individual no longer meets the requirements of subsection (1) of this section.

(7) An individual shall not receive the additional benefits pursuant to subsection (6) of this section for more than a single three-month period in the thirty-six-month period.

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