Basic Food - Work Requirements

Purpose:

This section provides rules and instructions for Basic Food work requirements and the Basic Food Employment and Training Program (BFE&T). BFE&T services are voluntary and apply to non-TANF clients receiving federal SNAP Benefits. Work Requirements for nonexempt ABAWDs are not voluntary.

A. BASIC FOOD WORK REQUIREMENTS - Work Registration

WAC 388-444-0005 Am I required to work or look for work in order to be eligible for Basic Food?

B. BASIC FOOD WORK REGISTRATION EXEMPTIONS

WAC 388-444-0010 Who is exempt from work registration while receiving Basic Food?

C. BASIC FOOD EMPLOYMENT AND TRAINING (BFET)

WAC 388-444-0015 How can the Basic Food Employment and Training (BFET) program help me find work?

D. BFET PAYMENTS FOR RELATED EXPENSES

WAC 388-444-0025 What expenses will the department pay to help me participate in BFET?

E.   ABAWDs - Able-Bodied Adults Without Dependents

WAC 388-444-0030 Do I have to work to be eligible for Basic Food benefits if I am an able-bodied adult without dependents (ABAWD)?
WAC 388-444-0035

Who is exempt from ABAWD work requirements?

WAC 388-444-0040

Can I volunteer for an unpaid work program in order to meet the work requirements under WAC 388-444-0030?

WAC 388-444-0045

How does an ABAWD regain eligibility for Basic Food after being closed for the three-month limit?

F.   BASIC FOOD WORK REQUIREMENTS - GOOD CAUSE

WAC 388-444-0050 What is good cause for failing to meet Basic Food work requirements?

G.  BASIC FOOD WORK REQUIREMENTS - DISQUALIFICATION

WAC 388-444-0055 What are the penalties if I refuse or fail to meet Basic Food work requirements?

H.   BASIC FOOD WORK REQUIREMENTS - UNSUITABLE EMPLOYMENT AND QUITTING A JOB

WAC 388-444-0060 What is unsuitable employment for Basic Food work requirements?
WAC 388-444-0065

Am I eligible for Basic Food if I quit my job or reduce my work effort?

WAC 388-444-0070

What is good cause for quitting my job or reducing my work effort?

WAC 388-444-0075

What are the penalties if I quit my job or reduce my work effort without good cause?

I.  APPENDIX I -  ABAWD participation requirements by location     

J. Current Partners - BFET Partner Colleges and Agencies 

Basic Food Work Requirements - Work Registration

Purpose:

WAC 388-444-0005 Am I required to work or look for work in order to be eligible for Basic Food?

 

Clarifying Information - WAC 388-444-0005

Exempt clients (per WAC 388-444-0010) are not required to register for work, so they are not work registrants.

Non-exempt clients are people who receive Basic Food and must be registered for work. They are considered work registrants, and further divided into two groups:

ABAWD Work Registrant 

  • Effective January 1, 2016, Able-bodied adults ages 18 through 49 without dependents who live in King County, Snohomish County, or Pierce County (Outside of the cities of Lakewood and Tacoma) are required to participate in specific activities outlined in the ABAWD WACs to stay eligible for Basic Food and avoid the three month time limit.   
  • Time limit exemptions and participation for ABAWDs are different than non-ABAWD work registrants, and only apply to those not exempt per WAC 388-444-0010.

 

Non-ABAWD Work Registrant

  • All other non-exempt clients age 16 through 59 must meet work registration requirements or they could be disqualified from Basic Food.
  • All non-ABAWDs who receive Basic Food benefits and are not exempt per WAC 388-444-0010 must register for work.
  • There is no time limit for non-ABAWD clients.
  • There are no mandatory participation in BFET. All clients are voluntary participants and may participate in BFET if otherwise eligible.
DSHS registers the clients for work by completing the WORK Registration screen in ACES/3G.

Worker Responsibilities - WAC 388-444-0005

  1. During application, add a person or eligibility review, determine if members of the Basic Food AU are non-exempt work registrants or exempt.
  2. For any exempt work registrants, code the most appropriate exemption per current procedure, on the Exempt Reason field on the WORK Registration screen in ACES/3G.
  3. For any non-exempt work registrant, determine if the client(s) is considered ABAWD.
  4. Register the client for work by coding the WORK Registration screen in ACES/3G with the appropriate E&T status code. For ABAWDs, see ABAWD WACs to determine if you should code participation or exemptions in the Work Status field.
  5. If a WorkFirst household is sanctioned, determine whether or not the sanctioned persons are exempt from Basic Food work requirements.  Disqualify non-participating members of the TANF household from receiving Basic Food unless they are exempt under WAC 388-444-0010.

Basic food may also be terminated for TANF applicants/receipients who do not cooperate with other TANF eligibility (such as financial) criteria.

 

Basic Food Work Registration Exemptions

Revised June 12, 2015 (WAC revisions also proposed to be released in late 2015)

Purpose:

WAC 388-444-0010 Who is exempt from work registration while receiving Basic Food?

  • Clarifying Information

Clarifying Information - WAC 388-444-0010

  1. We apply and code personal exemptions (such as child under six, etc.) in all areas of the state.  There is no geographic or regional exemption for Basic Food work registration.
  2. If someone participates in methadone treatment, we do not consider this to be regularly participating in drug treatment and rehabilitation. Methadone treatment is meant to help the patient carry on with everyday activities such as working without relying on illegal drugs and without withdrawal symptoms that could prevent them from working.
  3. We must register non-exempt persons who receive state-funded FAP benefits even though they cannot receive federally- funded E&T services.
  4. ABAWD is a small subset population of Work Registrants that have extra requirements; therefore, specific ABAWD exemptions (such as pregnancy or waived counties) under WAC 388-444-0035 that apply to those extra requirements do NOT apply to work registration in general.

Worker Responsibilities - WAC 388-444-0010

  1. Screen for work registration status:
    1. Determine the client's exempt or non-exempt status for work registration. See WAC 388-444-0010; and
    2. Code work exemption information on the WORK screen for every person age 16 and over.
    3. Register non-exempt clients for work at the initial application and at recertification as described in the ACES Procedures - Work Registration.
  2. Volunteering for BF E&T Services:
    All clients who receive federally-funded Basic Food (SNAP) benefits may volunteer for E&T services. As a volunteer they may:
    1. Receive supportive services (see Basic Food Work Requirements Section D - BF E&T Payments for Related Expenses); and
    2. Not be disqualified for not cooperating with the program.
  3. Verifying a Personal Exemption
    1. Accept a client's statement of employment status or job availability unless the information is questionable.
    2. To verify questionable information have the client provide:
      1. Evidence of the claimed exemption; or
      2. The name and contact information of an acceptable collateral source who can be contacted for further verification.
    3. The exemption for physical or mental inability to work (including when client claims to care for an incapacitated person) follows WorkFirst guidelines, which require a minimum of a 12 month duration. If a client claims to be physically or mentally unable to work and the client's statement is questionable, verify the claim by:
      1. Proof of permanent disability benefits issued by a public or private source; or
      2. A statement from a qualified professional or their staff; or
      3. A medical verification through DSHS form 10-353.
      4. Do not refer to an SSI facilitator for purposes of Basic Food disability verification.
    4. For self-employment the client must provide records to show the hours worked.
    5. An adult may claim a child under 6, as their exemption, if they have a majority (50% or more) parental responsibility to care for that child. In households with multiple adults, any adult that has a valid claim to majority parental responsibility for the child can claim the exemption. Allow the client to change their election of who is claiming the child under 6 as an exemption up to once per month if necessary; however, the change of election may not be utilized as a means to remove an individual's work registration food disqualification (by becoming exempt).

ABAWDs- Able-Bodied Adults Without Dependents

Revised January 10, 2018

Purpose:

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?

WAC 388-444-0035 Who is exempt from ABAWD time limits and minimum work requirements?

WAC 388-444-0040 Can I volunteer for an unpaid work program in order to meet the work requirements under WAC 388-444-0030?

WAC 388-444-0045 How does an ABAWD regain eligibility for Basic Food after being closed for the three-month limit?  

Administrative Hearing Procedures


Clarifying Information - WAC 388-444-0030

Countable Months

A countable month or non-qualifying month refers to any month an ABAWD receives Basic Food benefits for the full benefit month while not:

  • Exempt from the 3-month time limit;

  • Fulfilling ABAWD work requirements;

  • Covered by a waiver of the ABAWD time limit; and

  • Exempted for the month using one of the State’s 15 percent exemption

A client must participate in a qualifying program for a full month. Otherwise that month will count as a non-participation month. A client who does not participate for three months will become ineligible for Basic Food

  • 36-Month Period

The current 36-month time limit period began January 1, 2018 and ends December 31, 2020. Another 36-month period will begin January 1, 2021. 

NOTE: 
ABAWDs and households that contain ABAWDs receive a certification period as described under WAC 388-416-0005, but they cannot receive more than three full months of benefits without meeting the ABAWD work requirements. 

Children in the home  

When an Assistance Unit (AU) includes a member under age 18, all adults in the AU are exempt from ABAWD participation regardless of their responsibility to care for the child. Sometimes the child may not be eligible due to alien status or failure to provide their Social Security number; this does not affect the ABAWD status of the adults in the home.  If the child is not on the AU, such as in a roommate situation where the adults purchase and prepare separately, the client is still considered an ABAWD.

NOTE: If there is a child in the AU there are no ABAWDs. However, this does not automatically exempt the adult(s) in the AU from work registration. Correctly code the work screen to reflect the adult(s) work registration status.

 State Funded Food Assistance Program (FAP) Clients

Note WAC update November 19th, 2016. 

FAP follows the same rules as federally funded food assistance except for citizenship requirements (WAC 388-400-0050 #2). To maintain eligibility, FAP recipients that meet the definition of ABAWD in non-exempt areas are required to:

  • Work;
  • Participate in an approved employment and training program;
  • Volunteer in Workfare; or
  • Qualify for a personal exemption.
NOTE: FAP clients are not eligible for BFET or RISE. See the ABAWD section for a list of other state approved employment and training activities.

 

Temporary Assistance for Needy Families (TANF) Clients

TANF clients aren’t subject to ABAWD participation time limits because they have children or meet the pregnancy exemption for ABAWD participation.  Do not code them as an ABAWD. 

A pregnant TANF recipient, with no other children, who is sanctioned for non-participation in WorkFirst activity may be disqualified from Basic Food under the Work Registration rules.  Do not exempt them from Work Registration as pregnancy is not an exemption.

 

Moving Between Non-Waived and Waived Areas

 A waived area:

 A non-waived area:

  • Exempt from ABAWD work requirements.
  • Must meet ABAWD requirements to stay eligible for Basic Food.

 

  1. An ABAWD becomes exempt from ABAWD work requirements when they move to an exempt area.
  2. An ABAWD must meet ABAWD work requirements or have a personal exemption if they move from a waived to a non-waived area during the 36-month period. The three-month period starts with the first full month of benefits received in the non-waived area.
  3. If a client has previously used countable months during the same 36-month period, those months of non-participation, still count toward the three-month limit.
    • Moving between waived and non-waived areas does not restart the 3-out-of-36 month clock.
    • The months stop or start based on the exemption for the area where the person now lives.
  4. If an ABAWD loses eligibility for Basic Food due to the three-month limit and later moves to an exempt area, they are eligible to receive Basic Food while living in any exempt area.

 

Employment or Work: 

Work means providing a paid service to an employer.

  • This also includes in-kind work and rental income, based on the actual number of hours the client works.
  • The wage offered should not be less than the state minimum wage or in-kind goods or service of equal value.
  • ABAWDs can work an average of 80 hours per month to avoid gaining countable months.  For example, the work could be 20 hours per week, or even 39 hours if the client is paid every other week (39 x 2.15).
  • Self-employed persons must work 20 hours or more per week (averaged monthly or 80 hours per month) to meet the ABAWD work requirement. Annual hours cannot be averaged for ABAWD participation. 

Worker Responsibilities - WAC 388-444-0030

Identifying an ABAWD

Staff must check Work Registration and ABAWD status at application, Eligibility Review, and when there is a change in the Assistant Unit impacting the status of a household member.

This includes but is not limited to:

  • Address change (exempt vs non-exempt areas);
  • Age;
  • Children entering or exiting the AU;
  • Pregnancy;
  • Student Status;
  • Disability;
  • Change in employment hours, pay rate or status;
  • Change in immigration status; or
  • Change in program participation.

Out of State Countable Months

Verify any non-qualifying months received when there is evidence the ABAWD received food benefits in another state.   Update the clients Worker Registration Details screen if the months were accrued during Washington's current 36 month period.

A written or verbal statement from the other state agency of countable months is acceptable proof. Check for out of state countable months at application even if the client is moving to a waived area in Washington. 

  • Verify with that state the number of months the ABAWD has received benefits without participating in work requirements; and
  • Input the non-qualifying months that were reported after 1/1/2016. Document the information.
  • Expedited cases can be approved with postponed verification.
NOTE: 
We count months in another state regardless if we would have considered the client exempt in Washington State.

 

EXAMPLE:
Joe is an ABAWD who moved to Yakima County from Idaho where he previously received benefits. He is applying for benefits in Washington. The worker verifies Joe accrued two countable months in Idaho, as he did not participate while living in a non-exempt area.
The worker records Joe's two countable months in Idaho despite Joe moving to an exempt area in Washington.  

Clarifying Information - WAC 388-444-0035

Consideration of Exemptions

ABAWD participation exemptions are reasons that an ABAWD client is not able to participate in work or work activities for 80 hours a month.  

Personal Exemptions

Personal exemptions apply in both exempt and non-exempt areas.

The priority for exemptions is:

  1. Use any personal exemption the ABAWD may have. The personal exemptions include:
  • Caretaker of an incapacitated person;
  • Physically or Mentally  unable to work;
  • Pregnancy;
  • If the ABAWD does not have a personal exemption, they may qualify for the limited “15% additional exemption” if they are participating in less than 80 hours a month in Resources for Initiating Successful Employment (RISE).  A specialized unit will be responsible for identifying and documenting when a client receives this exemption.   Use exempt area if the client can’t meet other exemptions  and the client lives in an area waived by the USDA.    
NOTE: 
See the ABAWD website for more information about exempt and nonexempt areas.   

Caretaker for a disabled adult

Only the individual(s), not the entire household, responsible for the care of an incapacitated person is exempt from the ABAWD requirements.  The incapacitated person doesn’t have to reside in the same household as the responsible individual. Verification is only needed if questionable.

Physically or Mentally Unfit for Employment

A client is physically or mentally unfit for employment if unable to work for at least twenty (20) hours per week or 80 hours a month. Examples of reasons they are unfit for employment can include:

  • Going through Drug/Alcohol Treatments
  • Receiving L&I, Veterans, or private disability insurance
  • Chronically Homeless (see link for more information before apply this exemption).

See more in the Unable to Worksection.

 

Worker Responsibilities - WAC 388-444-0035

Verifying a Personal Exemption

  1. Accept a client's statement for personal exemptions, such as pregnancy or inability to work, unless it is questionable.
  2. To verify questionable information have the client provide:
    1. Proof of the claimed exemption; or
    2. An acceptable collateral source who we can contact for further verification.
  3. If a client claims to be physically or mentally unable to work please refer to the Unable to Work section.
  4. If the client is not able to verify their claim for an exemption, make a decision using the available information that is in the client's case file. Document your decision on the exemption.
  5. The client is exempt from ABAWD requirements pending a HEN/ABD determination.
    1.  If the client is denied HEN/ABD:
      • Review the reason for denial.  Even though the client is not eligible for HEN/ABD, they may be “unable to work” based on the Unable to Work exemption. Follow the steps in the Unable to Work section. 
      • The client is required to participate in work requirements if they are not eligible for an exemption. 
        1. If non-qualifying months remain:
          1. Send a notice to the client giving 10 days advanced noticed that they must participate
          2. Participation is required the first of the month following the end of the 10 day advanced notice
        2. If no non-qualifying months remain:
          1. Send a notice to the client to terminate Basic Food for reason, “Failed ABAWD Requirement” effective the end of the month after 10 day Advanced Notice.
    2. If the client is approved HEN/ABD:
      • For HEN the client is exempt from work registration for reason "unable to work".
      • For ABD the client is exempt from work registration for reason "federally/state determined disabled"
  6. Clients that are ineligible due to having reached the three month time limit are not eligible based on an unverified questionable exemption claim, even if the client is expedited.  
  7. ABAWD clients receive DSHS 11-034b Basic Food Eligibility Requirements: What You Need to Know with their approval documents. 

 

EXAMPLE: 

On March 14th, a worker reviews John’s denial for ABD and determines that he is an ABAWD who doesn’t qualify for the "federally/state determined disabled" exemption. The worker sends John a letter on March 15th to inform him that he must meet ABAWD work requirements to remain eligible for Basic Food. Since the letter provides at least 10 days’ notice before the beginning of the next full month, the letter should include text that he must start meeting the work requirements on April 1st.

 

Unable to Work

ABAWD personal exemption from participation due to being unable to work:

NOTE: 
For the purposes of documenting ABAWD personal exemptions in the system “Temporarily Incapacitated” or the “TI” coding is equal to “unable to work.”  This is not the same as ABD or HEN definitions of incapacity determined by social workers.

Unable to work means that the client is physically or mentally not able to work at least 80 hours a month as required by ABAWD rules

If a client states they are unable to work and there isn’t a reason to question the claim, document that the client is “exempt from ABAWD participation due to not being able to work” and use the appropriate coding on the work screen for this.

If the client’s statement is questionable, attempt to get a collateral contact from someone aware of the person’s circumstances / condition. If you cannot make this contact by telephone, you can advise the client to get collateral contact from a reliable source and provide DSHS 14-541 (www.dshs.wa.gov/forms).  

NOTE:
We cannot require a particular type or form of verification. See WAC 388-490-0005.

We automatically consider someone as unable to work if they receive any of these disability benefits:

  • Veterans Disability Benefits (any level)
  • L&I or other Worker’s Compensation
  • Private disability insurance benefits

Collateral contact can come from:

  • A medical professional: nurse, doctor, psychologist, psychiatrist, etc.;
  • Drug or alcohol treatment professional; or
  • Any reliable medical source that is familiar with the circumstances that make the client unable to work twenty hours a week.
NOTE:
Documentation may be signed or stated by any of the following: physician, physician’s assistant, designated representative of the physician’s office, nurse practitioner, osteopath, licensed or certified psychologist, drug and alcohol abuse counselor, certified mental health counselor, licensed independent clinical social worker, licensed certified social worker, or certified midwife. For the purposes of verifying an individual’s participation in a rehab or counseling program (Section 2), the director of the program or the individual’s counselor may also sign this statement.

When further verification is needed,  if the client:

  1. Has non-qualifying months left (WORK Registration/ Participation Screen) and is otherwise eligible for benefits, approve Basic Food with the client coded as a non-exempt ABAWD. Set a communication to the ABAWD specialized team for review of verification. Send a request for verification notice to the client.   The client is not exempt from the ABAWD time limits if they fail to provide verification. When the deadline for the third month approaches, the client will receive notification that their benefits will terminate if they do not participate or meet a personal exemption.
  2. Doesn’t have countable months available, pend the case to the ABAWD Specialized Team for further determination. Send a request for verification notice to the client. The specialized team will deny benefits if the client does not provide this verification benefits will be denied.
NOTE:
If the client's statement changes, to able to work, they can meet participation with any qualified work activity to remain qualified for basic food.  

Chronic Homelessness:

A chronically homeless client may have a personal exemption for ABAWD work participation because they are unable to work at least 80 hours a month.  Homelessness on its own is not an exemption.   A “chronically homeless” determination should be made after completing the interactive interview involving the entirety of the person’s situation or through a thorough case review when a client is determined ABAWD. Staff will use all aspects of the client’s situation and prudent person to decide if the client is homeless and unable to work.

Examples of chronic homelessness:

  • The client states they are homeless and do not have a regular nighttime place to sleep, “living on the streets”
  • The client’s residence or mailing address is a shelter location
  • The client has a history of homelessness
  • The client is homeless with housing or “couch surfing”

AND one or more of the following:

  • The client requires an Equal Access Plan
  • The client has a diagnosed or undiagnosed mental or physical barrier
  • The client is obviously not work ready in appearance or behavior

Clearly document your decision and exempt the client using the “unable to work” exemption. 

 

NOTE:
A person’s inability to work does not have to be for a specific duration of time to meet the exemption. Staff will ask about the client’s ability to work during their next certification or re-certification. If it is questionable at that time, then updated verification is required. 

 


Clarifying Information - WAC 388-444-0040

Volunteer and unpaid work programs.

ABAWDs can combine work and work programs to fulfill the 80 hour per month requirement or volunteer for a calculated amount of hours.

Workfare

Workfare is unpaid work performed by an ABAWD for a public or private non-profit organization. Workfare is available to non-exempt ABAWDs only. Workfare is not available to non-ABAWDs.,  

  1. Unpaid work in the community - ABAWDS can meet their work requirement by completing volunteer hours at a non-profit or public agency.
    1. ABAWD clients must participate based on the household's food benefit allotment divided by the state minimum wage (rounded down):

      The state minimum wage of $11.00 an hour effective January 1, 2017.

      EXAMPLE:
      Bill is an ABAWD who receives $115 in Basic Food benefits each month. He lives in SeaTac. The minimum wage is $15/hour.   115 ÷ 15= 7.66 hours Bill must volunteer for 7 hours (rounded down) of workfare per month.
    2. An ABAWD may volunteer at any non-profit agency that agrees to provide Workfare opportunities for ABAWDS to meet their work requirements. The non-profit must have a current DSHS Contract and communicate with the ABAWD Specialized Unit
    3. Clients must receive a referral from DSHS to that site before their hours will begin to “count”.
NOTE:
For city of Seattle residents we use the amount for a 501+ employer who provides insurance. For 2018 this amount is: $15.00/hour.

If you are a non-profit agency interested in becoming a Workfare Site please inquire with jobhelp@dshs.wa.gov.

Non-profit agencies agree to verify that the ABAWD has met their hourly requirement. Upon verification we will not count a month against the three-month limit. The Workfare nonprofit agencies also agree to notify us when a participant is no longer meeting the required hours.

 

State approved Employment and Training programs for ABAWD Participation

There are a number of programs that ABAWDs can participate in to meet participation.

  • Basic Food Employment and Training (BFET) – This is a statewide program managed by DSHS, community based organizations and colleges that provide training, retraining, job search and other supplemental support services to Basic Food recipients. This is not available to FAP clients.
  • Resources for Initiating Successful Employment (RISE)- This  is a pilot study implemented by DSHS and DSHS, community based organizations and colleges that provide barrier reduction, training, retraining, job search and other supplemental support services to Basic Food work registrants in King, Pierce, Spokane and Yakima counties. This is not available to FAP clients.
  • Limited English Proficiency (LEP) Pathway- This program is for refugees and other special immigrants (under the five year bar) to gain English skills and other trainings and support to join in the workforce. Available to some FAP clients; please check with the Office of Refugee and Immigrant Assistance (ORIA) for more information.
  • Programs included with the Workforce Investment and Opportunity Act (WIOA)
  • Program included under Section 236 of the Trade Act of 1974
  • Washington Service Corps/AMERICORPS;
  • Corrections Clearinghouse;
  • NAFTA Transitional Adjustment Assistance Programs;
  • Seattle Jobs Initiatives (SJI);
  • And others as they apply

ABAWD Participation in BFET or RISE

Participating in Basic Food Employment and Training (BFET) in King or Pierce County can be used to meet work requirements for ABAWDs as an approved Employment and Training Program.  The Resources to Initiate Successful Employment (RISE) pilot in King County can also be used to meet ABAWD requirements.  To be eligible for Basic Food, an ABAWD must participate in BFET or RISE before losing eligibility for Basic Food.

Enrolling in BFET or RISE before Basic Food Closes due to the three-month limit:

If an ABAWD client enrolls in BFET or RISE before the end of their 3rd month of non-participation in work requirements, the participant will qualify for an exemption until they are ready to participate enough hours that their participation meets the 20-hour work requirement. 

Enrolling in BFET or RISE AFTER Basic Food Closes due to the three-month limit:

If an ABAWD client enrolls in BFET or RISE after Basic Food closes due to non-participation in work requirements, they must engage in work activities for a minimum of 80 hours in a month period or  the required number of hours of workfare, before they would be eligible to receive basic food assistance.  Once the client has been approved for Basic Food, they may engage in pilot services through a contracted provider. 

Individuals who apply for the pilot (RISE (treatment group) or BFET (control group)) are eligible for an exemption in their ABAWD status if they do not have enough participation hours. 

Job Search Services for ABAWDs:

Job search hours are only countable for less than half of the total time a client is participating in BFET or RISE.

For example, if a client is participating in BFET twenty hours a week, then only up to nine hours of Job Search can be counted as “participation” for ABAWD requirements.  The other eleven must be in one of the other activities: Basic Education, Vocational Education, or Job Search Training.

If clients are unable to meet the hourly requirement in BFET, they may still participate in Workfare to meet participation. More details are in the Combining Work and/or Training to meet requirements section below.

Employment Pipeline:

Employment Pipelines are pathways to employment for Department of Social and Health Services clients. DSHS works with employers in different fields to provide clients with a choice of career opportunities. This is not an allowable program activity for ABAWD clients as hours and participation are not tracked, however this could be a great transition to employment for ABAWD clients. ABAWD clients interested in Employment Pipeline should be sent the brochure, or directed to our Publications Library to download it.

Worker Responsibilities - WAC 388-444-0040

Monitoring ABABWD Participation

If a client fails to participate in the month the ABAWD Specialized Team will:

  1. Record on the Work Registration/Participation screen the month and year of non-participation under the appropriate 1st, 2nd or 3rd month. ACES will automatically terminate the case when the third date is entered.
  2. Terminate benefits to clients who have regained eligibility but failed to participate, unless they are receiving the subsequent additional three months.
  3. Send a termination letter with an explanation as to how to regain eligibility.

Combining Work and/or Training to meet requirements

As of January 1st, 2018, the options for meeting work participation requirements are to:

  1. Participate in paid employment for 80 hours a month or 20 hours a week average;  
  2. Participate in an approved training program (above) for 80 hours a month or 20 hours a week average;
  3. Participate in a combination of work and back to work activities (1 and 2 above) to make a total of 80 hours a month or an average of 20 hours per week; and
  4. Volunteer in Workfare for the calculated required number of hours per month. This activity cannot be combined with options 1-3.
EXAMPLE:

Joanna is an ABAWD living in Kent. She has a job where she works 10 hours a week. This alone is not enough hours to meet the ABAWD Policy requirements. She receives $100 a month in Basic Food benefits. Joanna has three* choices to continue receiving Basic Food benefits:

  1. Increase the number of hours she is working to an average of 20 per week (80 a monthly);

  2. Participate in an approved training program for at least ten hours a week average; or

  3. Volunteer at a workfare agency for 8 hours a month (Kent minimum wage is 11.50/hr. $100 ÷ 11.50 = 8 hours- rounded down).

*If Joanna becomes exempt or moves to an exempt area, she also may be eligible to continue to receive food benefits.

Monitoring ABABWD Participation

If a client fails to participate in the month the ABAWD Specialized Team will:

  1. Record on the Work Registration/Participation screen the month and year of non-participation under the appropriate 1st, 2nd or 3rd month. ACES will automatically terminate the case when the third date is entered.
  2. Terminate benefits to clients who have regained eligibility but failed to participate, unless they are receiving the subsequent additional three months.
  3. Send a termination letter with an explanation as to how to regain eligibility.

Clarifying Information - WAC 388-444-0045

Ineligibility Due to ABAWD Requirements

  1. If a client exhausts the 3-out-of-36 months eligibility limit, we must terminate the person's Basic Food benefits as soon as we become aware of this information. We must also deny this person Basic Food at application or recertification if they do not have a personal exemption and they do not live in a waived area, unless they requalify under Regaining Eligibility
  2. If a client is not eligible because the client does not participate, the person is an ineligible household member. We count this person's income to any remaining persons in the Basic Food Assistance unit as described under WAC 388-450-0140. How does the income of an ineligible assistance unit member affect my eligibility and benefits for food assistance?

Regaining Eligibility

There are no  limits to the number of times a client can regain eligibility.  To regain eligibility a client must perform one of the following:

1.    Complete 80 hours of training within a 30-day period;

2.    Work 80 hours in a 30-day period; or

3.    Participate in Workfare for the required number of hours per month.

Eligibility for a Second 3-month period for ABAWDs

This section only refers to those ABAWDs who are eligible for a second three-month period as described in WAC 388-444-0045(1) & (3).  If an ABAWD becomes eligible for a second 3-month period the 3 months are consecutive months.  A partial month of benefits does not count toward this second 3-month period.  The client receives this second 3-month period whether or not the client is participating in work requirements.

If the ABAWD cannot use the additional 3-month eligibility period due to a disqualification, the ABAWD may work another 80 hours in a 30-day period again to become eligible for the second 3-month period.

 

Worker Responsibilities - WAC 388-444-0045

  1. If the client has completed the necessary participation and regained eligibility at the time of application and is otherwise eligible for Basic Food:
    1. Remind them of the ongoing participation requirements; and
    2. Certify the case for Basic Food.
  2. If the client has not regained eligibility at the time of application:
    1. Deny the application until we receive verification that they have met participation;
    2. Inform them how they can regain eligibility through participation activities;
    3. They must regain eligibility within thirty days of the application or they will need to reapply once they have met participation.
  3. If the applicant completes the required number of hours for Workfare within the 30-day application period, follow the procedures in (1) of this section.
  4. Once the requirements for regaining eligibility are met by work or an employment and training activity:
    1. The client with a closed Basic Food case may, if otherwise eligible, receive benefits from the date they completed the necessary hours of participation (either 80th hour for work like activities or required amount of Workfare hours as determined by the Specialized ABAWD Team).
    2. The client in an open Basic Food case, if otherwise eligible, is added back to the household following WAC 388-418-0020.  How the department determines the date of change affects the benefit level.

 

Good Cause:

Please see Chapter Basic Food Work Requirements – Good Cause.


Administrative Hearings

If an ABAWD requests an administrative hearing:

  1. The client's three-month clock is paused by removing the 3rd non-qualifying month and benefits will continue until there is a hearing decision. 
  2. If the Department is upheld, the original 3rd non-qualifying month is counted and the case will close establishing an overpayment; or
  3. If the client is upheld, benefits received are retained and we will review ABAWD participation status for the on-going month.

 


ACES Procedures

Basic Food Work Requirements - Good Cause

Revised October 14, 2013

Purpose: 

WAC 388-444-0050 What is good cause for failing to meet Basic Food work requirements?

  • Worker Responsibilities


Worker Responsibilities - WAC 388-444-0050

When you are informed that a non-exempt Basic Food client has not complied with work requirements:

For Mandatory Work Registrants

  1. Begin the good cause process no later than 10 calendar days from the date you are notified on noncompliance, by sending a letter to the client. The letter must include:
    1. A description of the non-compliance; and
    2. The date by which the client must contact the worker to provide good cause for non-compliance. (This date should not exceed 10 calendar days from the date the notice is sent.)
NOTE:
If the client does not respond within 10 calendar days, determine that good cause does not exist. Refer to step 3. below.
  1. Determine good cause for clients not meeting the work registration requirements described in WAC 388-444-0005, #3.
  2. When good cause does not exist the client must be disqualified. See Disqualification.
  3. Inform disqualified clients how they may regain eligibility for Basic Food.
  4. Volunteers for Basic Food E&T components (services) who fail to participate are not disqualified.

 

For ABAWDs

  1. Begin the good cause process no later than 10 calendar days from the date you are notified on noncompliance, by sending a letter to the client. The letter must include:

    Consider an ABAWD to have met the work requirement if they havea  temporary absence from work and they have not lost their job.

    1. Good cause includes circumstances beyond the individual’s control, such as:
      • Illness;
      • Care for another household member;
      • a household emergency;
      • or the unavailability of transportation.
    2. Document the reason for good cause in the case notes. Good cause should not exceed two months in a row. If the frequency of good cause requests become questionable, a worker can ask the the client to provide collateral contact for the exemption. Assess the client for a personal exemption if it appears that the good cause reason will last for longer than two months.
    3. If you determine there is no good cause, record non-qualifying work months as described in Section E, ABAWDS.

Basic Food Work Requirements - Disqualification

Revised October 14, 2013

Purpose: 

WAC 388-444-0055 What are the penalties if I refuse or fail to meet Basic Food work requirements.

  • Clarifying Information and Worker Responsibilities

Clarifying Information - WAC 388-444-0055

The disqualification rules and procedures are for Basic Food non-exempt work registrants only. Please see Section E, ABAWDS for disqualification rules and procedures for able-bodied adults without dependents.

 

Worker Responsibilities - WAC 388-444-0055

  1. At the time the worker determines that a comparable sanction will be applied, or benefits denied because of lack of cooperation with a comparable program (Work First, unemployment compensation, or Refugee Assistance) work requirements, the worker must:
    1. Review the client's circumstances to determine if any Basic Food work registration exemptions apply.  See WAC 388-444-0010 
    2. If the client meets an exemption then the client continues to receive Basic Food benefits;
    3. If the client does not have a work registration exemption, the worker must notify the client that a Basic Food work requirements disqualification will be applied unless the client complies with the comparable program requirements
    4. When disqualifying a client for non-compliance with a comparable program, notify the non-exempt client that:
      1. Basic Food work requirements must be met within 10 days of the notice;
      2.  Basic Food work requirements can only be met by cooperating with the comparable program requirements;
      3. The disqualification period is determined under WAC 388-444-0055.
  2. If the client complies with the comparable program requirements within the 10 day notice, then the client is once again exempt from Basic Food work registration or ABAWD requirements.
  3. If the client does not comply with the comparable program requirements within the 10 day notice, the client is disqualified from receiving Basic Food benefits.
  4. Apply the disqualification in the month following the 10-day advance notice.  Enter the following information in free form text:
    1. The reason for the disqualification;
    2. The period of disqualification;
    3. The disqualification only ends if the client complies with [name of comparable program] requirements or serve the appropriate disqualification period. See WAC 388-444-0055 for when to end the disqualification period.
  5. Apply the disqualification the first month following the 10-day notice of adverse action

 

Procedures for Disqualifying a Client

  1. Enter non-cooperation in ACES as described in the ACES Procedures at the end of this section.
  2. If the disqualified client leaves the Basic Food program before the disqualification starts, impose the disqualification when:
    1. The person reapplies; and
    2. Start the disqualification period with the first full month of certification.
  3. If a disqualified person leaves the program before completing the disqualification period:
    1. The person serves any remaining time of disqualification when the person applies for benefits; and
    2. Start the remaining disqualification period with the first full month of certification.

 

Regaining Eligibility

  1. If otherwise eligible, a client regains Basic Food benefits when they complete their penalty period.
  2. A disqualified client is treated as an ineligible household member. See INCOME
  3. For a one person household, the client must reapply for benefits. A household of two or more will have the client's portion of benefits restored.

 

Ending a Disqualification When a Client Becomes Exempt During the Penalty Period

A disqualification ends when the client becomes exempt during the penalty phase.

NOTE:
A disqualification for failing to comply with Basic Food work requirements is not canceled because of a disqualification for noncompliance with some other Basic Food program requirement. Multiple disqualifications may run at the same time.

 Fair Hearing Procedures

When a person requests a fair hearing within 10 days of the issuance of the Notice of Adverse Action, and the certification period has not expired, benefits will continue.

  1. If the hearing goes against the client, and the client received continued benefits, DSHS will establish an overpayment;
  2. Give the client 10-day advance notice;
  3. The disqualification period begins the first of the month following the 10-day notice.

ACES Procedures

 

See Interview (WORK) screen

See Disqualified or Sanctioned Assistance Unit or Client - Quitting a Job

 

Basic Food Work Requirements - Unsuitable Employment and Quitting a Job

Revised November 18, 2016

Purpose: 

WAC 388-444-0060 What is unsuitable employment for Basic Food work requirements?

WAC 388-444-0065 Am I eligible for Basic Food if I quit my job or reduce my work effort?

WAC 388-444-0070 What is good cause for quitting my job or reducing my work effort?

WAC 388-444-0075 What are the penalties if I quit a job or reduce my work effort without good cause? 

  • Clarifying Information and Worker Responsibilities

Clarifying Information - WAC 388-444-0075

The rules for quitting a job or reducing work effort below thirty hours per week apply to both Basic Food applicants and recipients.

General Requirements

  1. The following requirements apply to all Basic Food clients 16 through 59 years old who:
    1. Quit a job or reduce  their work effort within 30 days of application.
    2. Quit a job or reduce  their work effort after an application for benefits was submitted but before  benefits are certified.
    3. Quit a job or reduce their work effort during certification.
    4. Would have been required to register for work at the time of quit or reduction of work effort.
  2. The following situations are not considered a voluntary job quit:
    1. Terminating a self-employment enterprise; and
    2. Resigning at the request of the employer.

       3.   We cannot disqualify  a recipient or applicant for less than the penalty time period unless they become exempt from work registration as described in WAC 388-444-0075 (5).

The penalties for quitting a job or reducing hours are:

  1. First time - one benefit month;
  2. Second time – three benefit months;
  3. Three or more times - six benefit months.
EXAMPLE:
Sherry applies for benefits on December 20th, she quit her last job on November 30th without good cause. This is her first offense. December is Sherry’s  one-month penalty even though the benefits are prorated. ACES will approve ongoing benefits as long as Sherry is otherwise eligible.
Same as above but it’s Sherry’s second offense. ACES will deny all three months: current, ongoing, and the third month (December – February). Sherry can reapply at any time but will not be eligible for benefits again until March.

Worker Responsibilities -WAC 388-444-0075

 Verifying and Documenting a Voluntary Job Quit or Reduction in Work Effort 

  1. Verify the client's claim of good cause if questionable.
  2. Whenever possible, verification should be accepted from but not limited to:
    1. The previous employer;
    2. An employee organization or union; or
    3. A grievance committee or organization.
  3. Disqualify a client that doesn’t have good cause from the date of application following ACES procedures below.
  4. For a recipient without good cause, send the notice of adverse action and apply the disqualification the first of the month following the 10-day advance notice.

NOTE:
Do not delay benefits to an otherwise eligible person beyond the normal processing time while awaiting a good cause determination.

 


ACES PROCEDURES

See Disqualified / Sanctioned Assistance Unit / Individual - Quitting a Job Without Good Cause