WSR 18-15-044
PERMANENT RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
[Filed July 13, 2018, 9:12 a.m., effective August 13, 2018]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The department is amending WAC 388-444-0040 in order to update the eligibility policies of work registrants including, but not limited to, the able-bodied adults without dependents population, bringing them into compliance with federal regulations.
Citation of Rules Affected by this Order: Amending WAC 388-444-0040.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090, 74.04.500, 74.08A.120.
Other Authority: 7 C.F.R. 273.24, 7 C.F.R. 273.7.
Adopted under notice filed as WSR 18-11-120 on May 22, 2018.
Changes Other than Editing from Proposed to Adopted Version: The department restored stricken subsection (3) as subsection (6) "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."
A final cost-benefit analysis is available by contacting Holly St. John, Program Manager, Economic Services Administration, Community Services Division, P.O. Box 45470, Olympia, WA 98504, phone 360-725-4895, fax 360-725-4905, email stjohhc@dshs.wa.gov.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: July 9, 2018.
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION(Amending WSR 14-18-028, filed 8/26/14, effective 9/26/14)
WAC 388-444-0040((Can)) May I volunteer for an unpaid work program in order to meet the work requirements under WAC 388-444-0030?
((The department makes)) May I volunteer for an unpaid work ((programs available for persons who need)) program to meet the work requirements under WAC 388-444-0030((.))?
(1) ((The following are considered unpaid work programs:
(a) Workfare, which includes:
(i) Job search activities during the first thirty days beginning with the 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)) To meet the work requirements of WAC 388-444-0030, you may volunteer for workfare, an unpaid work program that includes work with public or private nonprofit agencies contracted with the department of social and health services.
(2) We determine the number of hours you must participate by taking the total amount of food benefits your assistance unit (AU) receives and divide it by the state or local minimum wage, whichever is higher.
(((2))) (3) If there are multiple able-bodied adults without dependents (ABAWD) in your AU, they share the responsibility of meeting the required number of hours.
(4) Workfare does not include court-ordered community service.
(5) We ((may not require)) cannot 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 choose to volunteer to participate in activities beyond one hundred and twenty hours per month.
(((3))) (6) 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.