WSR 14-14-115 PROPOSED RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Economic Services Administration) [Filed July 2, 2014, 7:40 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-04-128.
Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-444-0030 Do I have to work to be eligible for Basic Food benefits if I am an able-bodied adult without dependents (ABAWD)? and 388-444-0040 Can I volunteer for an unpaid work program in order to meet the work requirements under WAC 388-444-0030?
Hearing Location(s): Office Building 2, Lookout Room, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at http://www1.dshs.wa.gov/msa/rpau/RPAU-OB-2directions.html), on August 5, 2014, at 10:00 a.m.
Date of Intended Adoption: Not earlier than August 6, 2014.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 1115 Washington Street S.E., Olympia, WA 98503, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on August 5, 2014.
Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by July 22, 2014, TTY (360) 664-6178 or (360) 664-6094 or by e-mail johnsjl4@dshs.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing to amend WAC 388-444-0030 and 388-444-0040 to extend the date for which the ABAWD waiver applies, as well as to clarify the verbiage of workfare as related to work requirements for ABAWDs.
Reasons Supporting Proposal: This rule making is part of an annual update which is required in order to correctly apply ABAWD rules based on any existing and approved ABAWD waivers.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 74.08.090.
Statute Being Implemented: RCW 74.04.005, 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 74.08.090.
Rule is necessary because of federal law, 7 C.F.R. § 273.18.
Name of Proponent: Department of social and health services, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Robert Thibodeau, 712 Pear Street S.E., Olympia, WA 98504, (360) 725-4634.
No small business economic impact statement has been prepared under chapter 19.85 RCW. These proposed rules do not have an economic impact on small businesses. The proposed amendment only updates the date for which the ABAWD waiver is approved through.
A cost-benefit analysis is not required under RCW 34.05.328. These amendments are exempt as allowed under RCW 34.05.328 (5)(b)(vii) which states in part, "[t]his section does not apply to … rules of the department of social and health services relating only to client medical or financial eligibility and rules concerning liability for care of dependents."
June 26, 2014
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 13-17-123, filed 8/21/13, effective 9/21/13)
WAC 388-444-0030 Do I have to work to be eligible for Basic Food benefits if I am an able-bodied adult without dependents (ABAWD)?
(1) An able-bodied adult without dependents (ABAWD) is a person who:
(a) Is physically and mentally able to work;
(b) Is age eighteen through forty-nine; and
(c) Has no child in the household.
(2) If you are an ABAWD, you must participate in employment and training activities under subsection (4) unless you are exempt from ABAWD requirements under WAC 388-444-0035.
(3) Nonexempt ABAWDs who fail to participate may continue to receive food assistance until September 30, ((2014)) 2015.
(4) Beginning October 1, ((2014)) 2015, an ABAWD is not eligible to receive food assistance for more than three full months in a thirty-six month period, except as provided in WAC 388-444-0035, unless that person:
(a) Is exempt from ABAWD requirements under WAC 388-444-0035;
(b) Works at least twenty hours a week averaged monthly;
(c) Participates in on the job training (OJT), which may include paid work and classroom training time, for at least twenty hours a week;
(d) Participates in an unpaid work program as provided in WAC 388-444-0040; or
(e) Participates in and meets the requirements of one of the following work programs:
(i) The Job Training Partnership Act (JTPA);
(ii) Section 236 of the Trade Act of 1974; or
(iii) A state-approved employment and training program.
AMENDATORY SECTION (Amending WSR 10-23-112, filed 11/17/10, effective 12/18/10)
WAC 388-444-0040 Can I volunteer for an unpaid work program in order to meet the work requirements under WAC 388-444-0030?
The department makes unpaid work programs available for persons who need to meet work requirements under WAC 388-444-0030.
(1) The following are considered unpaid work programs:
(a) Workfare, which includes:
(i) ((Thirty days of job)) Job search activities ((in)) during the first ((month)) thirty days beginning with the ((first)) day of application, or sixteen hours of volunteer work with a public or private nonprofit agency; and
(ii) In subsequent months, sixteen hours per month of volunteer work with a public or private nonprofit agency allows you to remain eligible for Basic Food benefits.
(iii) Workfare does not include enforced community service or for paying fines or debts due to legal problems.
(b) Work experience (WEX) which provides supervised, unpaid work for at least twenty hours a week. WEX is intended to improve a person's work skills and make them more competitive in the job market. WEX must be for a nonprofit organization, government agency, or tribal entity.
(2) We may not require you to participate more than one hundred and twenty hours per month in an unpaid-work program, paid work, or a combination of activities. ABAWDs may volunteer to participate in activities beyond one hundred and twenty hours per month.
(3) The department may pay for some of the costs for you to participate in work programs. We set the standards for the amount we will pay for these expenses.
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