WSR 16-02-106 PROPOSED RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Economic Services Administration) [Filed January 5, 2016, 3:08 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-20-110.
Title of Rule and Other Identifying Information: 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?
Hearing Location(s): Office Building 2, 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), on February 9, 2016, at 10:00 a.m.
Date of Intended Adoption: Not earlier than February 10, 2016.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., February 9, 2016.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, by January 26, 2016, phone (360) 664-6092, TTY (360) 664-6178, or e-mail KildaJA@dshs.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed amendments under this filing incorporate the annual update to Washington's supplemental nutrition assistance program state plan concerning ABAWD time-limits, work requirements, and waivers for all counties in Washington state except King, Snohomish, and most of Pierce County. The cities of Tacoma and Lakewood in Pierce County will remain exempt. 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 administrative code. Rules will also be amended to add clarification and remove unnecessary information. This rule will be adopted via emergency rule filing effective January 1, 2016. All nonexempt ABAWD individuals in King, Snohomish, and parts of Pierce County could lose Basic Food benefits as early as April 1, 2016, if they are not participating in an approved work activity.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090, 74.04.500, and 74.08A.120.
Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.300, 74.04.510, 74.08.090, 74.04.500, and 74.08A.120.
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: Corinna Adams, 712 Pear Street S.E., Olympia, WA 98504, (360) 725-4640.
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 ABAWD individuals served by DSHS who apply for or receive benefits under Basic Food.
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."
December 30, 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)) age eighteen through forty-nine; and
(b) Is ((age eighteen through forty-nine)) fit for work and not exempted under WAC 388-444-0035(1); and
(c) Does not ((live with any minor children)) receive food assistance in an assistance unit (AU) that includes a minor child, even if the minor child is not eligible to receive food assistance in that AU; or
(d) Is not otherwise exempt under WAC 388-444-0035.
(2) If you are an ABAWD, you must participate in ((employment and training)) work activities under subsection (4) unless you are exempt from ABAWD requirements under WAC 388-444-0035.
(3) Nonexempt ABAWDs who ((fail to participate)) live outside of King county, Snohomish county or Pierce county, and nonexempt ABAWDs who live within 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, not including any partial benefit 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). Working includes:
(i) Work in exchange for money;
(ii) Work in exchange for goods or services ("in kind" work);
(iii) Unpaid work that is verified according to department requirements; or
(iv) Any combination of (4)(a)(i) through (4)(a)(iii).
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 unpaid work program as provided in WAC 388-444-0040.
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