WSR 99-01-115

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

[Filed December 18, 1998, 9:55 a.m.]



Original Notice.

Preproposal statement of inquiry was filed as WSR 98-21-073.

Title of Rule: WAC 388-444-0020 Client who must register for work, 388-444-0035 Clients exempt from ABAWD provisions, 388-444-0045 Regaining eligibility for food assistance, 388-444-0075 Disqualification for quitting a job without good cause, and 388-444-0040 Work programs for ABAWDs in the food stamp employment and training program.

Purpose: When the manual rewrite took place, there were areas needing clarification or corrections due to the rewrite. WAC 388-444-0035 adds the 15% exemption for ABAWDs, WAC 388-444-0040 also adds the work programs for ABAWDs.

Statutory Authority for Adoption: RCW 74.04.510.

Statute Being Implemented: RCW 74.04.510.

Summary: WAC 388-444-0020, differentiates the employment and training exemption from ABAWD exemptions, WAC 388-444-0040, changes the title to work programs and defines each, WAC 388-444-0045, regaining eligibility changes from "during a thirty day period" to "the month prior to the month of application" and provides additional clarifying language, and WAC 388-444-0075, adds clarifying language left out during the rewrite.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Mary Monahan, P.O. Box 45470, Olympia, 98504-5470, (360) 413-3250.

Name of Proponent: Department of Social and Health Services, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: WAC 388-444-0020 Client who must register for work, defines the criteria for not needing to participate in the program. WAC 388-444-0035 Clients exempt from ABAWD provisions, lists the exemption criteria. WAC 388-444-0040 Work programs, defines the types of work programs and the criteria for each. WAC 388-444-0045 Regaining eligibility for food assistance, gives the criteria needed to regain eligibility. WAC 388-444-0075 Disqualification for quitting a job without good cause, defines how to disqualify applicants and recipients and the length of the disqualification.

Proposal Changes the Following Existing Rules: WAC 388-444-0020, differentiates the employment and training exemptions from ABAWD exemptions. WAC 388-444-0035, defines the criteria for exempting ABAWDs from the ABAWD rules, and adds justification for the 15% exemption for ABAWDs. WAC 388-444-0040, changes the title from Workfare to work programs. WAC 388-444-0045, regaining eligibility changes language from "during a thirty day period" to "the month prior to the month of application" and provides additional clarifying language. WAC 388-444-0075, adds clarifying language left out during the rewrite.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The WACs do not affect small businesses.

RCW 34.05.328 does not apply to this rule adoption. These rules do not fit the definition of a significant legislative rule.

Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on January 26, 1999, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Paige Wall by January 15, 1999, phone (360) 902-7540, TTY (360) 902-8324, e-mail pwall@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, Paige Wall, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 902-8292, by January 26, 1999.

Date of Intended Adoption: No sooner than January 27, 1999.

December 8, 1998

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

SHS-2493.6

AMENDATORY SECTION (Amending WSR 98-16-044, filed 7/31/98, effective 9/1/98)



WAC 388-444-0020  Clients who must register for work but are not required to participate in FS E&T. (1) The following employment and training (E&T) and able-bodied adults without dependents (ABAWD) clients must register for work but are exempt from participation in the FS E&T program:

(((1))) (a) Participants in a refugee assistance work program;

(((2))) (b) Clients living in an area where the FS E&T program is not provided (exempt area);

(((3))) (2) The following exemptions apply only to E&T clients and do not apply to ABAWD clients:

(a) Clients who live one hour or more travel distance from available FS E&T services;

(((4))) (b) Clients who do not have a mailing address or message telephone;

(((5))) (c) Clients who have a temporary incapacity expected to last sixty days or more; or

(((6))) (d) Clients who have dependent care needs that exceed the maximum amount payable by the department. The exemption continues until:

(((a))) (i) A different work activity is available; or

(((b))) (ii) Circumstances change and monthly dependent care costs no longer exceed the reimbursement limit set by the department.



[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-444-0020, filed 7/31/98, effective 9/1/98.]



AMENDATORY SECTION (Amending WSR 98-16-044, filed 7/31/98, effective 9/1/98)



WAC 388-444-0035  Clients who are exempt from ABAWD provisions. A client is exempt from the ABAWD rules provided in WAC 388-444-0030 when the client is:

(1) Under eighteen or ((over forty-nine)) fifty years of age or older;

(2) Physically or mentally unable to work;

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

(4) A pregnant woman;

(5) Living in an exempt area approved by U.S. Department of Agriculture; or

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

(a) Complying with the work requirements of the WorkFirst program;

(b) Receiving unemployment compensation;

(c) ((A student enrolled)) Taking classes at least half time in any recognized school; or

(d) ((A regular participant)) Participating in a chemical dependency treatment program; or

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

(7) Under the fifteen percent exemption rule for ABAWDs. This rule applies to nonexempt ABAWDs in nonexempt areas who have lost or could lose eligibility. The department determines the criteria for this exemption.



[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-444-0035, filed 7/31/98, effective 9/1/98.]



AMENDATORY SECTION (Amending WSR 98-16-044, filed 7/31/98, effective 9/1/98)



WAC 388-444-0040  ((Workfare)) Work programs for ABAWDs in the food stamp employment and training program. (((1) Workfare is a)) Work programs are available to clients eighteen to fifty years of age who are able to work and have no dependents.

(((2))) (1) The following are considered work programs:

(a) Workfare consists of:

(((a))) (i) Thirty days of job search activities in the first month beginning with the first day of application, or sixteen hours of volunteer work with a public or private nonprofit agency; and

(((b))) (ii) In subsequent months, sixteen hours per month of volunteer work with a public or private nonprofit agency allows the client to remain eligible for food stamps. Workfare is not enforced community service or for paying fines or debts due to legal problems.

(b) Work experience (WEX) is supervised, unpaid work for at least twenty hours a week. The work must be for a nonprofit agency or governmental or tribal entity. This work is to improve the work skills of the client.

(c) On-the-job training (OJT) is paid employment for at least twenty hours a week. It is job training provided by an employer at the employer's place of business and may include some classroom training time.

(((3) A client is not required to perform))

(2) The department may not require more than thirty hours a week of Workfare and paid work ((for more than a total of thirty hours a week)) combined.

(((4))) (3) The department may pays for some of a client's actual expenses needed for the client to participate in ((Workfare)) work programs. Standards for paying expenses are set by the department.



[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-444-0040, filed 7/31/98, effective 9/1/98.]



AMENDATORY SECTION (Amending WSR 98-16-044, filed 7/31/98, effective 9/1/98)



WAC 388-444-0045  Regaining eligibility for food assistance. (1) A client who is ineligible for food assistance because that client has exhausted the three-month limit in WAC 388-444-0030, can regain eligibility by:

(a) Working eighty hours or more ((during a thirty-day period)) the month prior to the month of application;

(b) Participating in and complying with a work program for eighty hours or more ((during a thirty-day period)) the month prior to the month of application; or

(c) Participating in and complying with the community service part of a Workfare program.

(2) A client who regains eligibility for food assistance under subsection (1) of this section is eligible as long as the requirements of ((subsection (1) of this section)) WAC 388-444-0030 are met.

(3) ((If otherwise eligible,)) A client((s)) who regains eligibility ((in)) under the provision of subsection (1) of this section ((and then stops participating)), will receive an additional three-consecutive months of food assistance when the client:

(a) Loses employment; or

(b) Loses the opportunity to participate in a work program ((or in Workfare will receive an additional three-consecutive months of food assistance. The three-month certification is)).

(4) The provisions in subsection (3) of this section are allowed only once in the thirty-six month period.



[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-444-0045, filed 7/31/98, effective 9/1/98.]



Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.



AMENDATORY SECTION (Amending WSR 98-16-044, filed 7/31/98, effective 9/1/98)



WAC 388-444-0075  Disqualifications for quitting a job without good cause. (1) If the client quits a job without good cause((, the client is disqualified)):

(a) For applicants, the application is denied and the penalty in subsection (2) of this section is applied beginning with the day of quit; or

(b) For clients already receiving food stamps, the penalty in subsection (2) of this section begins the first of the month following the notice of adverse action.

(2) The client is disqualified for the following minimum periods of time and until the conditions in subsection (((2))) (3) of this section are met:

(a) For the first quit, one month;

(b) For the second quit, three months; and

(c) For the third or subsequent quit, six months.

(((2))) (3) The client may re-establish eligibility after the disqualification, if otherwise eligible by:

(a) Getting a new job which is comparable in salary or hours to the job which was quit;

(b) In nonexempt areas, participating in the FS E&T program;

(c) Participating in Workfare as provided in WAC 388-444-0040;

(d) Becoming exempt as provided in WAC-388-444-0015 ((or WAC)), 388-444-0020, or 388-444-0035;

(e) Applying for or receiving unemployment compensation; or

(f) Participating in WorkFirst.

(((3))) (4) If a disqualified client moves from the assistance unit and joins another assistance unit, the client continues to be treated as an ineligible member of the new assistance unit for the remainder of the disqualification period.



[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-444-0075, filed 7/31/98, effective 9/1/98.]

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