WSR 00-04-006

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed January 20, 2000, 11:06 a.m. , effective March 1, 2000 ]

Date of Adoption: January 20, 2000.

Purpose: To simplify the language, clarify exemptions, to clarify food stamp penalties in a comparable program. The penalty for applicants who quit a job without a good reason begins from the date of application instead of the date of quit. The only time the department can end a disqualification for a voluntary quit without good cause is if the client becomes exempt. Two separate WACs need the same definition for students enrolled in any recognized school.

Citation of Existing Rules Affected by this Order: Amending WAC 388-444-0015, 388-444-0035, 388-444-0055, 388-444-0065, and 388-444-0075.

Statutory Authority for Adoption: RCW 74.04.050 and 74.04.510.

Adopted under notice filed as WSR 99-24-050 on November 29, 1999.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 5, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 5, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 5, Repealed 0. Effective Date of Rule: March 1, 2000.

January 20, 2000

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

2687.5
AMENDATORY SECTION(Amending WSR 98-16-044, filed 7/31/98, effective 9/1/98)

WAC 388-444-0015
When are clients ((who are)) not required to register for work or participate in FS E&T (exempt clients)((.))?

You (as a client((s))) are not required to register for work or to participate in FS E&T ((are those who are)) if you meet any of the following conditions:

(1) Age sixteen or seventeen and not the head-of-household and:

(a) Attending school (such as high school or GED programs); or

(b) Enrolled at least half time (as defined by the institution) in a program under temporary assistance for needy families (TANF), a program under The Workforce Investment Act, (formerly the Job Training Partnership Act (JTPA)), a program under section 236 of the Trade Act of 1974, or other state or local employment and training programs ((at least half time)).

(2) Determined to be physically or mentally unable to work;

(3) Responsible for the care of a dependent child under six years of age or of ((an)) a person determined to be incapacitated ((person));

(4) Applying for or receiving unemployment compensation (UC);

(5) Participating in an employment and training program under TANF;

(6) Employed or self-employed person working thirty hours or more per week, or receiving weekly earnings equal to the federal minimum wage multiplied by thirty((. This includes migrant and seasonal farm workers under contract or agreement with an employer));

(7) ((Enrolled as a student as)) Students eighteen or older enrolled at least half time as defined by the institution in:

(a) Any accredited school;

(b) Training program; or

(c) An institution of higher education. Students enrolled in higher education must follow the student criteria as defined in chapter 388-482 WAC, Student status((; or)).

(8) Regularly participating in a drug addiction or alcoholic treatment and rehabilitation program.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-444-0015, filed 7/31/98, effective 9/1/98.]


AMENDATORY SECTION(Amending WSR 99-07-024, filed 7/31/98 [3/10/99], effective 9/1/98 [4/10/99])

WAC 388-444-0035
((Clients who are)) When am I (able-bodied adult with no dependents) exempt from ABAWD provisions((.))?

((A client is)) You are exempt from the ABAWD rules provided in WAC 388-444-0030 ((when the client is)) if you are:

(1) Under eighteen or fifty years of age or older;

(2) Determined to be 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)) a person determined to be incapacitated ((person));

(4) ((A)) Pregnant ((woman));

(5) Living in an ((exempt)) area approved as exempt 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 an employment and training program under temporary assistance for needy families (TANF);

(((b))) (7) Applying for or receiving unemployment compensation;

(((c) A)) (8) Students enrolled at least half time as defined by the institution in:

(a) Any ((recognized)) accredited school; ((or

(d))) (b) Training program; or

(c) Institution of higher education. A student enrolled in higher education must follow the student criteria defined in chapter 388-482 WAC.

(9) Participating in a chemical dependency treatment program; ((or

(e))) (10) Employed a minimum of thirty hours per week or receiving weekly earnings which equal the minimum hourly rate multiplied by thirty hours((.

(7)));

(11) Eligible for one of the annual ((FNS))federal-approved exemption slots under what is called the fifteen percent exemption rule.

[Statutory Authority: RCW 74.04.510. 99-07-024, 388-444-0035, filed 3/10/99, effective 4/10/99. 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.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
AMENDATORY SECTION(Amending WSR 98-16-044, filed 7/31/98, effective 9/1/98)

WAC 388-444-0055
((FS E&T disqualifications.)) What are the penalties for refusing or failing to comply?

(1) ((A nonexempt client who refuses or fails to comply with the requirements of the FS E&T program without good cause as provided in WAC 388-444-0050, is disqualified and cannot receive food assistance. The disqualified client is)) If you are nonexempt you must follow the food assistance work requirements as defined in WAC 388-444-0005 or 388-444-0030 unless you have good cause as defined in WAC 388-444-0050. If you do not follow these rules, you will become an ineligible assistance unit member as provided in WAC 388-450-0140. The remaining members of the assistance unit continue to be eligible for food assistance.

(2) ((The client is disqualified)) If you do not follow these rules unless you have good cause, you cannot receive food assistance for the following ((minimum)) periods of time and until ((the client complies)) you comply with program requirements:

(a) For the first failure to comply, one month;

(b) For the second failure to comply, three months; and

(c) For the third or subsequent failure to comply, six months.

(3) If ((a client becomes)) you become exempt under WAC 388-444-0015((, a disqualification ends when the client has served the one, three, or six month disqualification penalty period and if required, is registered for work)) and are otherwise eligible, you may begin to receive food assistance.

(4) ((A nonexempt client disqualified under any of the following conditions is also disqualified under FS E&T and)) If you are nonexempt and you do not comply with the work requirements of the following programs, you cannot receive food assistance:

(a) ((Under)) WorkFirst ((sanction as provided in chapter 388-310 WAC));

(b) ((Disqualified from receiving)) Unemployment compensation ((for failure to comply with requirements comparable to FS E&T requirements; or));

(c) ((Sanctioned for failing to comply with work requirements under)) The refugee cash assistance program ((as provided in chapter 388-466 WAC)).

(5) ((At the end of a disqualification period, a client may)) Within ten days after learning of your refusal to participate in your program, the financial worker will send you a notice that your food assistance will end unless you comply with your program requirements.

(6) If you do not comply within ten days, you will be issued a notice disqualifying you from receiving food assistance until you comply with your program, or until you meet the FS E&T disqualification requirements in subsection (2) of this section.

(7) After the penalty period in subsection (2) of this section is over, and you have complied with your program requirements, and you are otherwise eligible, you may receive food assistance:

(a) If you are alone in the assistance unit and apply to reestablish eligibility((.

(6) Each client has)); or

(b) If you are a member of an assistance unit, you may resume receiving food assistance.

(8) During the penalty period, if you begin to participate in one of the programs listed in subsection (4)(a) through (c) and that penalty is removed, the FS E&T disqualification also ends. If you are otherwise eligible, you may begin to receive food assistance.

(9) You have a right to a fair hearing as provided in WAC 388-08-413.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-444-0055, filed 7/31/98, effective 9/1/98.]


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

WAC 388-444-0065
((Quitting a)) What happens if I quit my job((.))?

(1) ((A client who quits their most recent job without good cause is)) You are not eligible for food assistance if you quit your current job without good cause as defined in WAC 388-444-0070, and you are in one of the following categories:

(a) ((The client was)) You were working twenty hours or more per week or the job provided weekly earnings equal to the federal minimum wage multiplied by twenty hours; ((and))

(b) The quit ((occurred)) was within sixty days ((prior to application)) before you applied for food assistance or any time ((thereafter)) after;

(c) At the time of quit((, the person)) you were an applicant and would have been required to register for work as defined in WAC 388-444-0010;

(d) If you worked or you were self-employed and working thirty hours a week or you had weekly earnings at least equal to the federal minimum wage multiplied by thirty hours.

(2) ((A client is)) You are not eligible to receive food assistance if ((the client has)) you have participated in a strike against a federal, state or local government and ((has lost their)) have lost your employment because of such participation.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-444-0065, filed 7/31/98, effective 9/1/98.]


AMENDATORY SECTION(Amending WSR 99-07-024, filed 7/31/98 [3/10/99], effective 9/1/98 [4/10/99])

WAC 388-444-0075
What are the disqualification((s)) periods for quitting a job without good cause((.)) ?

(1) If ((the client)) you are an applicant who quits a job without good cause((:

(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)) sixty days before applying for food assistance, the department will deny your application. The penalty period in subsection (3) of this section begins from the date of application.

(2) If you are already receiving food ((stamps, the penalty)) assistance and you quit your job without good cause, the department must send you a letter notifying you that you are going to be disqualified from food assistance. The disqualification in subsection (((2))) (3) of this section begins the first of the month following the notice of adverse action.

(((2) The client is)) (3) You are disqualified for the following minimum periods of time and until the conditions in subsection (((3))) (4) 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.

(((3) Eligibility may be established during a disqualification period, if the client is otherwise eligible and:

(a) Secures new employment that has a salary or hours comparable to the job which was quit; or

(b) Secures a comparable job at less hours or at a lower salary.

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

(a) Getting a new job;

(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, 388-444-0020, or 388-444-0035;

(e) Applying for or receiving unemployment compensation; or

(f) Participating in WorkFirst.

(5) If a disqualified client moves))

(4) You may re-establish eligibility after the disqualification, if otherwise eligible by:

(a) Getting a new job;

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

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

(5) The department can end the disqualification period if you become exempt from the work registration requirements as provided in WAC 388-444-0015 unless you are applying for or receiving unemployment compensation (UC), or participating in an employment and training program under TANF.

(6) If you are disqualified and move from the assistance unit and join((s)) another assistance unit, ((the client)) you continue((s)) to be treated as an ineligible member of the new assistance unit for the remainder of the disqualification period.

(7) If you are disqualified and move to a FS E&T exempt area, you must serve the remainder of the disqualification period.

[Statutory Authority: RCW 74.04.510. 99-07-024, 388-444-0075, filed 3/10/99, effective 4/10/99. 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.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

Washington State Code Reviser's Office