WSR 13-14-102
(Economic Services Administration)
[Filed July 2, 2013, 11:06 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-08-076.
Title of Rule and Other Identifying Information: The community services division (CSD) 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, Lookout Room, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at, on August 6, 2013, at 10:00 a.m.
Date of Intended Adoption: Not earlier than August 7, 2013.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 1115 Washington Street S.E., Olympia, WA 98503, e-mail, fax (360) 664-6185, by 5 p.m. on August 6, 2013.
Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by July 23, 2013, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing to amend WAC 388-444-0030 to extend the suspension of eligibility time limits and work requirements for ABAWD applying for or receiving food assistance under Basic Food or the state-funded food assistance program (FAP) to September 30, 2014. The current ABAWD waiver is due to expire September 30, 2013.
Reasons Supporting Proposal: Washington state has applied for a statewide waiver of the supplemental nutrition assistance program (SNAP) ABAWD time-limits and work requirements through at least September 30, 2014, through the USDA Food and Nutrition Service (FNS). The FNS Western Regional Office (WRO) in San Francisco agrees that Washington state meets the criteria for extended unemployment benefits as determined by the United States Department of Labor's Unemployment Insurance Service and as a result is recommending to the FNS National Office that this waiver be approved. Final approval for this waiver extension is expected by July 1, 2013. This rule filing is needed now to allow enough time for comment and to reflect the new expiration date in state code by October 1, 2013.
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: Robert Thibodeau, 712 Pear Street S.E., Olympia, WA 98504, (360) 725-4634.
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 affects certain DSHS clients who receive food assistance under Basic Food and FAP by extending the suspension of eligibility time limits and work requirements.
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 26, 2013
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 12-16-025, filed 7/25/12, effective 8/25/12)
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)? (1) An able-bodied adult without dependents (ABAWD) is a person who:
(a) Is physically and mentally able to work;
(b) Is age eighteen through forty-nine; and
(c) Has no child in the household.
(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, ((2013)) 2014.
(4) Beginning October 1, ((2013)) 2014, an 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:
(a) Is exempt from ABAWD requirements under WAC 388-444-0035;
(b) Works at least twenty hours a week averaged monthly;
(c) Participates in on the job training (OJT), which may include paid work and classroom training time, for at least twenty hours a week;
(d) Participates in an unpaid work program as provided in WAC 388-444-0040; or
(e) Participates in and meets the requirements of one of the following work programs:
(i) The Job Training Partnership Act (JTPA);
(ii) Section 236 of the Trade Act of 1974; or
(iii) A state-approved employment and training program.