WorkFirst HandBook

Resolving Issues

6.8 Exemptions

The Exemptions section includes:

• 6.8.1 What are exemptions?
• 6.8.2 When should individuals be exempt from work-related activities?
• 6.8.3 What is the approval process?
• 6.8.4 What are the exemption criteria?
• 6.8.5 Can exempt parents voluntary participate?
• 6.8.6 eJAS Codes
• 6.8.7 Exemptions – Step-by-Step Guide

6.8.1 What are exemptions?

Exemptions are for:

• Individuals who are not able to actively participate in WorkFirst Activities, or
• Individuals who are not included in the federal work participation rate.

6.8.2 When should individuals be exempt from work-related activities?

Individuals may be granted an exemption if they:

• Are the parent or legal guardian of an infant age 3 months or less,
• Are a needy caregiver relative and aged 55 or older,
• Have a severe and chronic disability (including individuals likely to be approved for SSI or other federal benefits)
• Are required to be in the home to care for a child with special needs who is not in school full time, or
• Are required to be in the home to care for an adult relative with a disability who is not in school full time.

See WAC 388-310-0350 for more information about exemptions. For the Infant Exemption see WAC 388-310-0300 and WAC 388-310-1450 (exemption from full-time participation for a maximum of twelve months in a lifetime if caring for an infant less than one year of age ).

Individuals who have health or family issues that temporarily interfere with their ability to work should be deferred (instead of exempt) from job search and other WorkFirst activities. For these individuals, create an Individual Responsibility Plan (IRP) with action steps that will resolve the issue so the person can make faster progress towards independence.

Individuals caring for a disabled child that is NOT in school full time are not included in the federal work participation rate therefore if an individual is caring for a disabled child that is in school full time should be deferred (instead of exempt) from job search and other WorkFirst activities. For more information see 6.4 Children: Special Needs section.

6.8.3 What is the approval process?

Except for older caretaker relatives, approved exemptions must be reviewed at least every 12 months to determine if the participant continues to meet the exemption criteria. Depending upon the individuals circumstances, the review period may be shorter. You may also consider convening a case staffing as you review the case.

For an older needy caretaker relative, proof of age is all that is needed to approve an exemption. All other individuals who are being considered for an exemption must:

• Provide documentation that supports the need for the exemption including medical documentation and verification of school status; and
• Go through a case staffing to review documentation and get exemption approval.

Give the individual 30 days, or up to 90 days if needed, to gather documentation for the exemption. Gathering this documentation is counted as full-time participation and is tracked in eJAS under the appropriate "X" deferral code until final approval. Screen the client for Necessary Supplemental Accomodations (NSA) issues and develop or update the Accommodation Plan as needed if the client needs help gathering this documentation. Upon approval, review deferrals every 30 days to ensure the individual is meeting the requirements of the Individual Responsibility Plan.

Once you receive the documentation, convene a case staffing to review the evidence with the appropriate professionals and decide whether to approve the exemption. Approve exemptions whenever the individual meets the exemption criteria in the next section. See 3.5 case staffing and 6.4 Children: Special Needs section for more information.

6.8.4 What are the exemption criteria?

Documentation to support an exemption may come from a variety of sources based on the individual's situation. Medical documentation must be objective and adequate to identify the severity of the disability. Exemptions cannot be approved without the appropriate documentation.

NOTE: For the Infant Exemption see WAC 388-310-0300 and WAC 388-310-1450 .

Acceptable documentation and required evaluations, for each of the four exemption categories are as follows:

1. Older caretaker relatives:
• Required evaluation : None,
• Criteria : Caretaker relative, aged 55 or older,
• Documentation: Proof of age.
2. Disability
• Required evaluation: Supplemental Security Income (SSI) Facilitator using the SSI listings
• Criteria: Chronic and severe mental, physical, emotional, or cognitive impairment that prevents participation and is expected to last at least 12 months. This group includes individuals who are likely to be approved for SSI or another type of federal disability benefits.
• Documentation: Evidence from a medical/mental health professional or from the Division of Developmental Disabilities (DDD) or Division of Vocational Rehabilitation (DVR).
• When case staffing is required: When the exemption is being considered and the first time you approve an exemption.
3. Caring for a Child with Special Needs
• Required evaluation: Public Health Nurse Assessment
• Criteria: Parent required in the home to care for a child who is not in school full time and requires specialized care or treatment that significantly interferes with the individual's ability to work or look for work.
• Documentation: Statement from Public Health Nurse, physician, mental health provider, school professional or other medical professional verifying the disability and a verification of student status.
• When case staffing is required: When exemption is being considered and at the first time you approve an exemption.
4. Caring for an Adult Relative with Disabilities
• Required evaluation: SSI Facilitator
• Criteria: An adult relative who is not in school full time with a verified disability who cannot be left alone for significant periods of time and the individual is the only one available to provide care.
• Documentation: Evidence of disability from a medical/mental health professional or from DDD, DVR, or HCS and verification of school status.
• When case staffing is required: When the exemption is being considered and at the first time you approve an exemption.

6.8.5 Can exempt parents voluntarily participate?

Exempt individuals may voluntarily participate. WorkFirst will provide services or refer voluntary individuals to other service providers to help them enhance their employability and move into employment.

ZB and ZC codes are based on school status only. They are not based on severity of the disability. If the parent is able to participate, develop an IRP, even if the case has been coded ZB or ZC to keep the case out of the work participation rate.

For those who voluntarily participate, do not remove the eJAS exemption codes so you can ensure that sanction will not be imposed for failure to participate.

6.8.6 eJAS codes

Use the follow codes on the eJAS component code screen when a individual is approved for an exemption:

• ZA (approved exemption for an older caretaker relative),
• ZD (approved exemption for an adult with disabilities, including persons likely to be approved for SSI or other federal disability benefits),
• ZC (approved exemption for a individual needed in the home to care for a child with special needs who is not in school full time), or
• ZB (approved exemption for a individual needed in the home to care for a disabled adult relative who is not in school full time).

Resources

Related WorkFirst Handbook Chapters

• 6.1 Resolving Issues – Overview
• 3.5 Case Staffing
• 3.7 Time Limit Case Staffing
• 6.4 Children: Special Needs

Other Resources

• Examples of Exemptions and Deferrals
• EA-Z Manual TANF/SFA Time Limits and Extensions