Original Notice.

     Preproposal statement of inquiry was filed as WSR 03-15-025 on July 8, 2003.

     Title of Rule: WAC 388-480-0001 How being on strike effects food assistance benefits and 388-482-0005 Student status for food assistance.

     Purpose: The Division of Employment and Assistance Programs is amending the rules to update the language of department rules, and clarify rules to be consistent with federal regulations for the food stamp program.

     Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510.

     Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510.

     Summary: These rules explain special eligibility requirements for the Washington basic food program when someone in the household is on strike or attending an institution of higher education at least half time.

     Reasons Supporting Proposal: These changes are necessary to clarify who must be in an assistance unit and allow for consistent statewide application of department rules.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: John Camp, 1009 College S.E., Lacey, WA 98504, (360) 413-3232.

     Name of Proponent: Department of Social and Health Services, governmental.

     Rule is necessary because of federal law, Title 7 Code of Federal Regulations, Parts 273.1(e) and 273.5.

     Explanation of Rule, its Purpose, and Anticipated Effects: Rule: WAC 388-480-0001 How being on strike effects food assistance benefits and 388-482-0005 Student status for food assistance.

     Purpose and Effect: See Purpose and Summary above.

     Proposal Changes the Following Existing Rules: See Purpose and Summary above.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposed rule does not have an economic impact on small businesses; it only affects DSHS clients by clarifying the additional eligibility requirements for a striker or student to be eligible for basic food.

     RCW 34.05.328 does not apply to this rule adoption. 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." This rule adopts federal requirements mandated by Title 7 of the Code of Federal Regulations Part 273.1(e) regarding how a person on strike impacts a household's eligibility for benefits. This also adopts eligibility requirements for students mandated Code of Federal Regulations Part 273.5. The department also applies the same requirements for the state-funded portion of the Washington basic food program.

     Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on October 21, 2003, at 10:00 a.m.

     Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by October 17, 2003, phone (360) 664-6094, TTY (360) 664-6178, e-mail FernAX@dshs.wa.gov.

     Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, mail to P.O. Box 45850, Olympia, WA 98504-5850, deliver to 4500 10th Avenue S.E., Lacey, WA, fax (360) 664-6185, e-mail fernaax@dshs.wa.gov, by 5:00 p.m., October 21, 2003.

     Date of Intended Adoption: Not earlier than October 22, 2003.

September 8, 2003

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

     (2) We do not consider you to be on strike if you:

     (a) Are ((:

     (a))) locked out by your employer;

     (b) ((Unable to work because)) Do not have work ((is not)) available as a result of striking employees;

     (c) Are not a member of the bargaining unit on strike and you fear someone may physically hurt you if you cross a picket line; or

     (d) Would have been exempt from work registration under WAC 388-444-0015 the day before the strike for any reason other than being employed ((over)) at least thirty hours per week.

     (((2))) (3) If ((you apply for food assistance, you will not be eligible if you are on strike)) a person in your Assistance Unit (AU) is a striker, your AU is not eligible for Basic Food unless:

     (a) Your ((household)) AU met all income ((and resource eligibility standards)) requirements the day before the strike; and

     (b) You ((are otherwise eligible at the time you apply)) meet all other requirements of the Basic Food program as described in WAC 388-400-0040.

     (((3) You will not))

     (4) If someone in your AU is on strike, your AU cannot receive ((an increase in your)) a higher amount of Basic Food ((assistance)) benefits solely ((due to receiving)) because the person receives less income as a direct result of being on strike. We count the larger of the two following amounts to determine if your AU is eligible and calculate your benefits:

     (a) The striker's income before they went on strike; or

     (b) The striker's current income.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and 74.04.510. 00-05-007, § 388-480-0001, filed 2/4/00, effective 3/6/00. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-480-0001, filed 7/31/98, effective 9/1/98.]

     (a) ((Aged)) Age eighteen through forty-nine ((years));

     (b) Physically and mentally able to work; and

     (c) Enrolled in an institution of higher education at least half-time as defined by the institution.

     (2) An institution of higher education is:

     (a) Any educational institution ((requiring)) that requires a high school diploma or general education development certificate (GED);

     (b) A business, trade, or vocational ((schools requiring)) that requires a high school diploma or GED; or

     (c) A two-year or four-year college or university ((offering)) that offers a degree but does not ((requiring)) require a high school diploma or GED.

     (3) ((To be eligible for food assistance,)) If you are a student ((as defined in subsection (1) of this section)), you must meet ((at least)) one of the following ((requirements)) conditions to be eligible for Basic Food:

     (a) ((Be employed for a minimum)) Have paid employment of twenty hours per week.

     (b) Be self-employed, work, and ((receive money from a federal or state work study program)) earn at least the amount you would earn working twenty hours at the federal minimum wage;

     (c) Be participating in a state or federal work study program at the time you applied for Basic Food benefits. For the purpose of being eligible for Basic Food, work study is:

     (i) Working and receiving money from the work study program; and

     (ii) Not turning down a work assignment.

     (d) Be responsible for more than half the care of a dependent ((household member)) person in your Assistance Unit (AU) who is age five or younger;

     (((d))) (e) Be responsible for more than half the care of a dependent ((household member)) person in your AU who is between age six ((through)) and eleven ((years of age and the department has)) if we have determined that there is not adequate child care available during the school year to allow ((the student)) you to:

     (i) Attend class and satisfy the twenty-hour work requirement; or

     (ii) Take part in a work study program.

     (((e))) (f) Be a single parent responsible for the care of ((a dependent household member)) your natural, step, or adopted child who is eleven ((years old)) or younger ((even if child care is available));

     (((f))) (g) Be an adult who has the parental ((control)) responsibility of a child who is age eleven ((years of age)) or younger ((and neither the adult's spouse nor the child's parents reside)) if none of the following people live in the home((;

     (g))):

     (i) The child's parents; or

     (ii) Your spouse.

     (h) Participate in the WorkFirst program ((as required)) under WAC ((388-310-400)) 388-310-0200;

     (((h))) (i) Receive ((benefits from)) TANF or SFA benefits;

     (((i))) (j) Attend an institution of higher education through:

     (i) The ((job training partnership act (JTPA))) Workforce Investment Act (WIA);

     (ii) The food ((assistance)) stamp employment and training program (((FS E&T))) under chapter 388-444 WAC;

     (iii) An approved state or local employment and training program; or

     (iv) Section 236 of the Trade Act of 1974.

     (4) ((Student status:

     (a) Begins the first day of the school term; and

     (b) Continues through vacations. Vacations include the summer when the student plans to return to school for the next term.

     (5) If the only reason a student is eligible for food assistance is the participation in work study, the student becomes ineligible during the summer months if the student is not working and receiving money from work study. Consider other student eligibility criteria during the summer months.

     (6))) If you are a student and the only reason you are eligible for Basic Food is because you participate in work study, you are only eligible while you work and receive money from work study. If your work study stops during the summer months, you must meet another condition to be an eligible student during this period.

     (5) If you are a student, your status as a student:

     (a) Begins the first day of the school term; and

     (b) Continues through vacations. This includes the summer break if you plan to return to school for the next term.

     (6) We do not consider you a student ((status ends when a student)) if you:

     (a) ((Graduates)) Graduate;

     (b) ((Is)) Are suspended or expelled;

     (c) ((Drops)) Drop out; or

     (d) ((Does)) Do not intend to register for the next school term other than summer.

[Statutory Authority: RCW 74.08.090 and 74.04.510. 99-16-024, § 388-482-0005, filed 7/26/99, effective 9/1/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-482-0005, filed 7/31/98, effective 9/1/98.]

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