WSR 16-07-003 PERMANENT RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Economic Services Administration) [Filed March 3, 2016, 10:28 a.m., effective April 3, 2016] Effective Date of Rule: Thirty-one days after filing.
Purpose: The department is amending WAC 388-444-0030 to incorporate the annual update to Washington's supplemental nutrition assistance program state plan concerning able-bodied adults without dependents (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 expired December 31, 2015.
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, and 74.08A.120.
Other Authority: This rule filing reflects the new partial-state waiver in state administrative code. This rule was filed as an emergency rule on December 28, 2015, as WSR 16-02-011 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. The current ABAWD waiver expired December 31, 2015.
Adopted under notice filed as WSR 16-02-106 on January 5, 2016.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: March 2, 2016.
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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