WSR 21-17-120
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
[Filed August 17, 2021, 11:09 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 21-13-107.
Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-444-0010 Who is exempt from work registration while receiving basic food.
Hearing Location(s): On September 21, 2021, at 10:00 a.m., at Office Building 2, Department of Social and Health Services (DSHS) Headquarters, 1115 Washington, Olympia, WA 98504. Public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/sesa/rules-and-policies-assistance-unit/driving-directions-office-bldg-2; or virtual. Due to the COVID-19 pandemic hearings are being held virtually. Please see the DSHS website for the most up-to-date information.
Date of Intended Adoption: Not earlier than September 22, 2021.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, fax 360-664-6185, by 5:00 p.m., September 21, 2021.
Assistance for Persons with Disabilities: Contact Katherine Vasquez, DSHS rules coordinator, phone 360-664-6097, fax 360-664-6185, TTY 711 relay service, email DSHSRPAURulesCoordinator@dshs.wa.gov, by 5:00 p.m., September 7, 2021.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: In 2020, the Washington legislature passed 3SSB 5164 (chapter 136, Laws of 2020) allowing undocumented individuals applying for T and U visas, asylum, and "victims of human trafficking" to be eligible for the state-funded food assistance program (FAP). As these individuals are not eligible to work in the United States they cannot register for work, which is currently required by FAP. This proposed amendment will add an exemption from work registration for individuals who are not legally able to work due to their immigration status.
Reasons Supporting Proposal: Planned amendments are necessary to implement 3SSB 5164 (chapter 136, Laws of 2020) which takes effect on February 1, 2022, and assists survivors of certain crimes.
Rule is necessary because of federal law, 7 C.F.R. 273.10 (g)(1)(ii).
Name of Proponent: DSHS, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Patrick Budde, P.O. Box 45470, Olympia, WA 98504, 360-764-0068.
A school district fiscal impact statement is not required under RCW
28A.305.135.
A cost-benefit analysis is not required under RCW
34.05.328. This amendment is exempt as allowed under RCW
34.05.328 (5)(b)(iii) which states in part, "This section does not apply to … rules adopting or incorporating by reference without material change federal statues or regulations, Washington state statues [statutes] … Also exempt under RCW
34.05.328 (5)(b)(vii).
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW
19.85.061 because this rule making is being adopted solely to conform and/or comply with federal statute or regulations. Citation of the specific federal statute or regulation and description of the consequences to the state if the rule is not adopted: 7 C.F.R. 273.10 (g)(1)(ii).
Explanation of exemptions: Applies only to DSHS client eligibility.
August 16, 2021
Katherine I. Vasquez
Rules Coordinator
SHS-4884.1
AMENDATORY SECTION(Amending WSR 21-07-132, filed 3/23/21, effective 4/23/21)
WAC 388-444-0010Who is exempt from work registration while receiving basic food?
If you receive basic food, you are exempt from work registration and the requirements in chapter 388-444 WAC if you meet any one of the following conditions:
(1) Are age sixteen or seventeen, and:
(a) Not the head of household;
(b) Attend school; or
(c) Are enrolled at least half time (using the institutions definition) in an employment and training program under:
(i) The Workforce Innovation and Opportunity Act of 2014 (WIOA);
(ii) Section 236 of the Trade Act of 1974; or
(iii) A state or local employment and training program.
(2) You are a student age eighteen or older enrolled at least half time as defined by the institution in:
(a) Any accredited school;
(b) A training program; or
(c) An institution of higher education. If you are enrolled in higher education, you must meet the requirements under WAC 388-482-0005 to be eligible for basic food benefits.
(3) You are an employed or self-employed person working at least thirty hours per week, or receiving weekly earnings equal to the federal minimum wage multiplied by thirty;
(4) You are complying with the work requirements of an employment and training program under temporary assistance for needy families (TANF);
(5) You receive unemployment compensation (UC) benefits or have an application pending for UC benefits;
(6) You are responsible to care for:
(a) A dependent child under age six; or
(b) A person with an incapacity that meets the requirements of WAC 388-310-0350 (1)(d)(i), (ii), (iv), and (v), except the person does not need to be related to you as stated in (1)(d)(v).
(7) You are physically or mentally unable to work as determined below:
(a) A DSHS SSI facilitator has assessed you as likely to be approved for SSI or other benefits and are required to apply for SSI or another type of federal disability benefit (such as railroad retirement or Social Security disability) and your SSI application status may be verified through either the SSI facilitator or state data exchange, or both;
(b) You have a severe and chronic mental, physical, emotional, or cognitive disability that prevents you from participating in work or work activities for at least thirty hours a week; or
(c) We verify your disability using documentation from DDA, DVR, HCS, MHD, or RSN, or by one of the medical or mental health professionals listed in WAC 388-310-0350(2).
(8) You regularly participate in a drug addiction or alcoholic treatment and rehabilitation program as defined by the Food Stamp Act of 1977.
(9) You are not legally able to work due to your immigration status.