WSR 15-18-042 PERMANENT RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Economic Services Administration) [Filed August 26, 2015, 4:17 p.m., effective September 26, 2015] Effective Date of Rule: Thirty-one days after filing.
Purpose: The department is amending 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)?, to extend the date for which the ABAWD waiver applies. The amendments also align rules with the Code of Federal Regulations (C.F.R.), 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.
These rule changes are not expected to impact eligibility and benefits for the Washington Basic Food program and the state-funded food assistance program (FAP) for legal immigrants as these rules and procedures are already in effect and being applied to Basic Food eligibility decisions. Under RCW 74.08A.120, rules for FAP shall follow exactly the rules of the federal food stamp program (SNAP) except for the provisions pertaining to immigrant status.
Citation of Existing Rules Affected by this Order: Amending WAC 388-444-0030.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 74.08.090.
Other Authority: 7 C.F.R. 273.24.
Adopted under notice filed as WSR 15-14-074 on June 26, 2015.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: August 26, 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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