WSR 16-02-011
(Economic Services Administration)
[Filed December 28, 2015, 10:51 a.m., effective January 1, 2016]
Effective Date of Rule: January 1, 2016.
Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: The department received notice on October 26, 2015, that the United States Department of Agriculture (USDA) Food and Nutrition Service (FNS) has approved Washington state's waiver request for able-bodied adults without dependents (ABAWD) work requirements and time limits for eligibility for the supplemental nutrition assistance program (SNAP).
Purpose: The amendments under this filing incorporate the annual update to Washington's SNAP state plan concerning ABAWD time limits, work requirements, and waivers for certain geographic areas. The current ABAWD waiver is due to expire December 31, 2015. This rule filing is needed to reflect the new partial-state waiver in state code. Rules will also be amended to add clarification and remove unnecessary information.
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, 74.08.090, 74.04.500, 74.08A.120; 7 U.S.C. § 2015(o).
Other Authority: 7 C.F.R. 273.24.
Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.
Reasons for this Finding: USDA, FNS enforces the provisions of the federal SNAP as enacted in the 2008 Food and Nutrition Act and codified in the Code of Federal Regulations. The department will develop amendments to ABAWD rules that are consistent with the act, federal regulations, FNS administrative notices and interim guidance.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: December 23, 2015.
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 15-18-042, filed 8/26/15, effective 9/26/15)
WAC 388-444-0030 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?
(1) An able-bodied adult without dependents (ABAWD) is a person who:
(a) Is required to register for work under WAC 388-444-0005; and
(b) Is age eighteen through forty-nine; and
(c) Does not ((live with any minor children)) receive food assistance in an assistance unit that includes a minor child.
(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)) do not live in King county, Snohomish county or Pierce county, and nonexempt ABAWDs who live in the city of Tacoma or the city of Lakewood, may continue to receive food assistance until December 31, ((2015)) 2016, even if the ABAWD fails to participate.
(4) Beginning January 1, 2016, a nonexempt ABAWD is not eligible to receive food assistance for more than three full months in a thirty-six month period, unless ((that person participates in at least twenty hours a week averaged monthly in any of the following)) the ABAWD:
(a) ((Paid work)) Works at least twenty hours per week, averaged monthly (eighty hours per month); or
(b) ((On the job training (OJT), which may include paid work and classroom training time;
(c) An unpaid work program as provided in WAC 388-444-0040; or
(d))) Participates in one of the following work programs and is meeting the requirements of that work program:
(i) The Workforce Innovation and Opportunity Act of 2014;
(ii) Section 236 of the Trade Act of 1974; ((or))
(iii) A state-approved employment and training program; or
(iv) An upaid work program as provided in WAC 388-444-0040.
Reviser's note: The spelling error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.