WSR 15-14-074 PROPOSED RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Economic Services Administration) [Filed June 26, 2015, 4:38 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-04-009.
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)?
Hearing Location(s): Office Building 2, 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 4, 2015, at 10:00 a.m.
Date of Intended Adoption: Not earlier than August 5, 2015.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., August 4, 2015.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, by July 21, 2015, phone (360) 664-6092, TTY (360) 664-6178, or e-mail KildaJA@dshs.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing to amend rules under WAC 388-444-0030 to extend the date for which the ABAWD waiver applies, as well as to align rules with the Code of Federal Regulations, specifically regarding living with a minor, participating at least twenty hours in a variety of activities, and replacing the Job Training Partnership Act terminology with the Workforce Innovation and Opportunity Act of 2014.
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. 273.24.
Name of Proponent: Department of social and health services, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Jason Turner, 712 Pear Street S.E., Olympia, WA 98501, (360) 725-4640.
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, and updates technical clarifying language.
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 25, 2015
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 14-18-028, filed 8/26/14, effective 9/26/14)
WAC 388-444-0030 ((Do I have to work)) What additional work requirements and time limits is an able-bodied adult without dependents (ABAWD) subject to in order 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)) required to register for work under WAC 388-444-0005; and
(b) Is age eighteen through forty-nine; and
(c) ((Has no child in the household)) Does not live with any minor children.
(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)) December 31, 2015.
(4) Beginning ((October 1, 2015)) January 1, 2016, ((an)) a nonexempt 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 participates in at least twenty hours a week averaged monthly in any of the following:
(a) ((Is exempt from ABAWD requirements under WAC 388-444-0035;
(b) Works at least twenty hours a week averaged monthly)) Paid work;
(((c) Participates in on)) (b) On the job training (OJT), which may include paid work and classroom training time((, for at least twenty hours a week));
(((d) Participates in)) (c) An unpaid work program as provided in WAC 388-444-0040; or
(((e))) (d) Participates in ((and meets the requirements of)) one of the following work programs and is meeting the requirements of that work program:
(i) The ((Job Training Partnership)) Workforce Innovation and Opportunity Act (((JTPA))) of 2014;
(ii) Section 236 of the Trade Act of 1974; or
(iii) A state-approved employment and training program.
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