SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
[Filed November 22, 2019, 9:34 a.m., effective November 22, 2019]
Effective Date of Rule: November 22, 2019.
Purpose: The department is amending WAC 388-482-0005 How does being a student of higher education impact my eligibility for the Washington basic food program?, to implement 2SHB 1893 (chapter 407, Laws of 2019). The department implemented these changes effective July 28, 2019, by filing an emergency CR-103E Rule-making order as WSR 19-16-011 on July 25, 2019.
This second emergency rule-making order is needed while the department completes the permanent rule-making process. The department filed a CR-102 Proposed rule making on November 1, 2019, as WSR 19-22-043. A public hearing on these rules will be held on December 10, 2019.
Citation of Rules Affected by this Order: Amending WAC 388-482-0005.
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: These changes are required to implement state law (chapter 407, Laws of 2019), effective July 28, 2019.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: November 18, 2019.
Katherine I. Vasquez
AMENDATORY SECTION(Amending WSR 18-19-025, filed 9/12/18, effective 10/13/18)
WAC 388-482-0005How does being a student of higher education ((impact))affect my eligibility for the Washington basic food program?
(1) For basic food, we consider you a student of higher education if you are:
(a) Age eighteen through forty-nine;
(b) Physically and mentally able to work (we determine if you are unable to work);
(c) Enrolled in an institution of higher education at least half-time as defined by the institution; and
(d) Enrolled in coursework considered to be higher education.
(2) An institution of higher education is:
(a) Any educational institution that requires a high school diploma or high school equivalency certificate;
(b) A business, trade, or vocational school that requires a high school diploma or high school equivalency; or
(c) A two-year or four-year college or university that offers a degree but does not require a high school diploma or high school equivalency.
(3) If you are a student of higher education, you must also meet one of the following conditions to be eligible for basic food:
(a) You have paid employment and work an average of at least twenty hours per week each month;
(b) You are self-employed, work, and earn at least the amount you would earn working an average of twenty hours per week at the federal minimum wage each month; or
(c) You were participating in a state or federal work study program during the regular school year.
(i) To qualify under this condition, you must:
(A) Have approval for work study at the time of application for basic food;
(B) Have work study that is approved for the school term; and
(C) Anticipate actually working during that time.
(ii) The work study exemption begins:
(A) The month in which the school term starts; or
(B) The month work study is approved, whichever is later.
(iii) Once begun, the work study exemption shall continue until:
(A) The end of the month in which the school term ends; or
(B) We find out you refused a work study assignment.
(d) You are responsible for more than half the care of a dependent person in your assistance unit (AU) who is age five or younger;
(e) You are responsible for more than half the care of a dependent person in your AU who is between age six and eleven, if we have determined that there is not adequate child care available during the school year to allow you to:
(i) Attend class and satisfy the twenty-hour work requirement; or
(ii) Take part in a work study program.
(f) You are a single parent responsible for the care of your natural, step, or adopted child who is eleven or younger;
(g) You are an adult who has the parental responsibility of a child who is age eleven or younger if none of the following people live in the home:
(i) The child's parents; or
(ii) Your spouse.
(h) You participate in the WorkFirst program under WAC 388-310-0200;
(i) You receive TANF or SFA benefits;
(j) You attend an institution of higher education through:
(i) The Workforce Investment Act (WIA);
(ii) The basic food employment and training program 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) ((If you are a student of higher education and the only reason you are eligible for basic food is because you are participating 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 of higher education, 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)))(5) We do not consider you a student of higher education if you:
(b) Are suspended or expelled;
(c) Drop out; or
(d) Do not intend to register for the next normal school term other than summer school.