Date of Adoption: October 24, 2003.

     Purpose: The Division of Employment and Assistance Programs is amending WAC 388-480-0001 and 388-482-0005 to comply with federal requirements on special eligibility requirements for the Washington basic food program when someone in the household is on strike or attending an institution of higher education at least half time.

     Citation of Existing Rules Affected by this Order: Amending WAC 388-480-0001 and 388-482-0005.

     Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, and 74.04.510.

      Adopted under notice filed as WSR 03-19-071 on September 12, 2003.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 2, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.
     Effective Date of Rule: December 1, 2003.

October 24, 2003

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

     (2) We do not consider you to be on strike if you:

     (a) Are((:

     (a))) locked out by your employer;

     (b) ((Unable to work because)) Do not have work ((is not)) available as a result of striking employees;

     (c) Are not a member of the bargaining unit on strike and you fear someone may physically hurt you if you cross a picket line; or

     (d) Would have been exempt from work registration under WAC 388-444-0015 the day before the strike for any reason other than being employed ((over)) at least thirty hours per week.

     (((2))) (3) If ((you apply for food assistance, you will not be eligible if you are on strike)) a person in your Assistance Unit (AU) is a striker, your AU is not eligible for Basic Food unless:

     (a) Your ((household)) AU met all income ((and resource eligibility standards)) requirements the day before the strike; and

     (b) You ((are otherwise eligible at the time you apply)) meet all other requirements of the Basic Food program as described in WAC 388-400-0040.

     (((3) You will not))

     (4) If someone in your AU is on strike, your AU cannot receive ((an increase in your)) a higher amount of Basic Food ((assistance)) benefits solely ((due to receiving)) because the person receives less income as a direct result of being on strike. We count the larger of the two following amounts to determine if your AU is eligible and calculate your benefits:

     (a) The striker's income before they went on strike; or

     (b) The striker's current income.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and 74.04.510. 00-05-007, § 388-480-0001, filed 2/4/00, effective 3/6/00. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-480-0001, filed 7/31/98, effective 9/1/98.]

     (a) ((Aged)) Age eighteen through forty-nine ((years));

     (b) Physically and mentally able to work; and

     (c) Enrolled in an institution of higher education at least half-time as defined by the institution.

     (2) An institution of higher education is:

     (a) Any educational institution ((requiring)) that requires a high school diploma or general education development certificate (GED);

     (b) A business, trade, or vocational ((schools requiring)) that requires a high school diploma or GED; or

     (c) A two-year or four-year college or university ((offering)) that offers a degree but does not ((requiring)) require a high school diploma or GED.

     (3) ((To be eligible for food assistance,)) If you are a student ((as defined in subsection (1) of this section)), you must meet ((at least)) one of the following ((requirements)) conditions to be eligible for Basic Food:

     (a) ((Be employed for a minimum)) Have paid employment of twenty hours per week.

     (b) Be self-employed, work, and ((receive money from a federal or state work study program)) earn at least the amount you would earn working twenty hours at the federal minimum wage;

     (c) Be participating in a state or federal work study program at the time you applied for Basic Food benefits. For the purpose of being eligible for Basic Food, work study is:

     (i) Working and receiving money from the work study program; and

     (ii) Not turning down a work assignment.

     (d) Be responsible for more than half the care of a dependent ((household member)) person in your Assistance Unit (AU) who is age five or younger;

     (((d))) (e) Be responsible for more than half the care of a dependent ((household member)) person in your AU who is between age six ((through)) and eleven ((years of age and the department has)) if we have determined that there is not adequate child care available during the school year to allow ((the student)) you to:

     (i) Attend class and satisfy the twenty-hour work requirement; or

     (ii) Take part in a work study program.

     (((e))) (f) Be a single parent responsible for the care of ((a dependent household member)) your natural, step, or adopted child who is eleven ((years old)) or younger ((even if child care is available));

     (((f))) (g) Be an adult who has the parental ((control)) responsibility of a child who is age eleven ((years of age)) or younger ((and neither the adult's spouse nor the child's parents reside)) if none of the following people live in the home((;

     (g))):

     (i) The child's parents; or

     (ii) Your spouse.

     (h) Participate in the WorkFirst program ((as required)) under WAC ((388-310-400)) 388-310-0200;

     (((h))) (i) Receive ((benefits from)) TANF or SFA benefits;

     (((i))) (j) Attend an institution of higher education through:

     (i) The ((job training partnership act (JTPA))) Workforce Investment Act (WIA);

     (ii) The food ((assistance)) stamp employment and training program (((FS E&T))) under chapter 388-444 WAC;

     (iii) An approved state or local employment and training program; or

     (iv) Section 236 of the Trade Act of 1974.

     (4) ((Student status:

     (a) Begins the first day of the school term; and

     (b) Continues through vacations. Vacations include the summer when the student plans to return to school for the next term.

     (5) If the only reason a student is eligible for food assistance is the participation in work study, the student becomes ineligible during the summer months if the student is not working and receiving money from work study. Consider other student eligibility criteria during the summer months.

     (6))) If you are a student and the only reason you are eligible for Basic Food is because you participate in work study, you are only eligible while you work and receive money from work study. If your work study stops during the summer months, you must meet another condition to be an eligible student during this period.

     (5) If you are a student, your status as a student:

     (a) Begins the first day of the school term; and

     (b) Continues through vacations. This includes the summer break if you plan to return to school for the next term.

     (6) We do not consider you a student ((status ends when a student)) if you:

     (a) ((Graduates)) Graduate;

     (b) ((Is)) Are suspended or expelled;

     (c) ((Drops)) Drop out; or

     (d) ((Does)) Do not intend to register for the next school term other than summer.

[Statutory Authority: RCW 74.08.090 and 74.04.510. 99-16-024, § 388-482-0005, filed 7/26/99, effective 9/1/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-482-0005, filed 7/31/98, effective 9/1/98.]

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