Revised: January 13, 2023

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:

Worker Responsibilities - WAC 388-444-0005

1. During application, add a person or eligibility review, or another change that impacts work registration, determine if members of the Basic Food household are non-exempt work registrants or exempt.
2. For any exempt work registrants, code the most appropriate exemption per current procedure.
3. For any non-exempt work registrant, determine if the client(s) is considered ABAWD.
4. 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.
5.  Read the Work Registration Script(s), referring to any household members in the assistance unit that are work registrants. Perform any necessary referrals to employment and training opportunities. 
6. Ensure the Consolidated Work Registration Notice populates in the letters for the household. 

Revised January 13, 2023

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. The exemption for drug or alcohol addiction only applies when the participation in this program would prevent the individual from meeting the work requirement or participating in an employment/training program the required number of hours.
3. The exemption for employment or self-employment is applied if either situation occurs: 
   
   1. Client is earning 30 x Federal Minimum wage ($7.25 in 2023) a week averaged monthly. 
   2. Client is working over 30 hours a week averaged monthly. 
4. We must register non-exempt persons who receive state-funded FAP benefits even though they cannot receive federally- funded BFET services.
   
   1. The one exception is WAC 388-444-0010(9). If the client does not have authorization to work in the United States they can be exempt from work registration rule. 
5. Caring for an incapacitated person exemption: The incapacitated person does not have to be related, or in the household.
6. 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. See ABAWD Chapter.

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.
2. Volunteering for BFET 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 BFET Reimbursement of Participation Expenses); 
   2. Meet eligibility requirements (see Basic Food Employment and Training (BFET) Program); and 
   3. 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. 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 (Document Request for Medical Condition and Residual Functional Capacity) or DSHS form 14-541 (ABAWD Requirement: Medical Report). Find forms in English and other languages on our forms website: https://www.dshs.wa.gov/office-of-the-secretary/forms. 
      4. Do not refer to an SSI facilitator for purposes of Basic Food disability verification.
         
         NOTE: A client qualifies for the personal disability exemption if they are a veteran receiving 100% disability benefits.
         NOTE: Washington Paid Family & Medical Leave (PFML), L&I, other Worker’s Compensation or Private disability insurance benefits can be used as verification for this exemption.
   4. For self-employment the client must provide records to show the hours and income worked. (See Self Employment Income chapter). 
   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).

June 08, 2021

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?

• Clarifying Information and Worker Responsibilities

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

• Clarifying Information and Worker Responsibilities

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

• Clarifying Information and Worker Responsibility

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

• Clarifying Information and Worker Responsibilities

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 12 percent exemption.

A client must participate in a qualifying program for a full month. Otherwise, the 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, 2021 and ends December 31, 2023. Another 36-month period will begin January 1, 2024. 

Moving Between Non-Waived and Waived Areas

See current waived and non-waived areas on the Able Bodied Adults without Dependents public page.

1. An ABAWD becomes exempt from ABAWD work requirements when they move to a waived area effective the month they report the move to the Department.
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. Participation requirements apply in the first full month of benefits after the information is known to the Department.
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.

1. If an ABAWD loses eligibility for Basic Food due to the three-month limit and later moves to a waived area, they are eligible to receive Basic Food while living in any waived area.

 State Funded Food Assistance Program (FAP) Clients

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

1. Work;
2. Participate in an approved employment and training program;
3. Volunteer (unpaid work);
4. Participate in workfare; or
5. Qualify for a personal exemption.

Activities to Meet 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:

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

Out of State Countable Months

Staff must verify any non-qualifying months received when there is evidence the ABAWD received food benefits in another state.   Staff update clients’ Work Registration Details page if the client did not participate during Washington's current 36-month period.

The current 36-month time limit period began January 1, 2021 and ends December 31, 2023. Another 36-month period will begin January 1, 2024. 

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 each state the number of months the ABAWD has received benefits without participating in work requirements; and
• Input the non-qualifying months the other state reported after 1/1/2021. Document the information.
• Expedited cases can be approved with postponed verification for out of state verification.

Good Cause:

Good Cause occurs when a client has a reason for why they could not meet participation temporarily. Please see Chapter Basic Food Work Requirements – Good Cause.

Clarifying Information - WAC 388-444-0035

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 an ABAWD.

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.

Waived Areas

ABAWD clients living in waived areas are exempt from participation. See more about this in the Moving Between Non-Waived and Waived Areas section.

Discretionary Waiver Exemption Policy

Every Federal Fiscal Year the U.S. Department of Agriculture (USDA) award an amount of discretionary waivers to each state. The state has the authority to determine how the waivers can be used to exempt ABAWD clients from the time limit.

Washington State will use discretionary waivers to exempt mandatory ABAWDs:

1. In the address confidentiality program; and
2. Who would not receive timely notice due to LEP translations.

Consideration of Exceptions

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

Pregnancy

Pregnancy is an exception to ABAWD participation.  Once the client’s due date is entered in the Expected Due Date field, the Work Registration page will automatically suggest the pregnancy exception.

Once the due date has passed, workers will be responsible for updating work registration status of those in the household.

Paid Family Medical Leave

Clients who receive PFML are considered temporary incapacitated whether it is for themselves or to care for a family member.  

Veterans

Clients who receive partial disability as determined by Veteran’s Affairs are eligible for an exception to ABAWD participation. The level of disability for this exception is 1% -99%. 100% and above is considered an exemption to work registration.

NOTE:
The following status’ are work registration exemptions:

• Caretaker of a child under six or an incapacitated person
• L&I or other Worker’s Compensation
• Private disability insurance benefits
• Veterans Disability Benefits (100%)
• Participating in LEP Pathway or CLEVER programs through the Office of Refugee and Immigration Assistance

Worker Responsibilities- WAC 388-444-0035

We determine who is exempt from ABAWD work requirements by reviewing the client’s circumstances. 
Priority of exemptions:

•  If more than one exemption can apply, we use the exemption that last the longest.
• Only if no other exemption applies, do we exempt clients for living in a waived area.

If the ABAWD does not have a personal exemption, they may be eligible for one of the approved exemption slots under the U.S. Department of Agriculture (USDA) discretionary waiver exemption rule as determined by Community Services Division, Food Programs and Policy.

 Unable To Work

Not able to Work 80 Hours a Month.

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.

Staff should use prudent person and their observations when determining if the client’s statement about their ability to work is questionable. Staff must document their decision.

Questions Workers Might Ask: 

What kind of work do you usually do? Are you able to do that work right now?

When was the last time you worked?

What barriers prevent you from working?

Questionable

If the client’s statement is questionable, code the client EA AB and document actions.

Aged, Blind, Disabled (ABD)/ Housing Essential Needs (HEN)

The client is exempt from ABAWD requirements pending an ABD/HEN determination.
 

1.  If the client is denied ABD/HEN:
   • Review the reason for denial.  Even though the client is not eligible for ABD/HEN, they may qualify for the ABAWD temporary incapacity exception if they are unable to work 80 hours a month.
   • If  no other exemption applies, code the client EA AB. 
      
2. If the client is approved ABD/HEN. 
   • For ABD the client is exempt from work registration for reason "federally/state determined disabled"
   • For HEN the client is exempt from work registration for reason "unable to work".

Clarifying Information - WAC 388-444-0040

Workfare is unpaid work performed by an ABAWD for a public or private non-profit organization. Workfare is available to non-exempt ABAWDs in non-waived areas only. Workfare isn’t available to non-ABAWDs.  

1. Volunteer 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 or local minimum wage (rounded down):

The state minimum wage is $13.69 an hour effective January 1, 2021.

Labor and Industries lists local wages at www.lni.wa.gov/workers-rights/wages/minimum-wage/

Clarifying Information - WAC 388-444-0045

Ineligibility Due to Failure to Meet ABAWD Requirements

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 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 have requalified under Regaining Eligibility

If a client is terminated for non-participation, the person is an ineligible household member. We include this person's income 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

Washington State was approved for a waiver effective June 01, 2021, ABAWDs are not required to meet regaining eligibility requirements if waived from work requirements. They can be eligible as long as the household meets the other Basic Food eligibility factors.

There are no limits to the number of times a client can regain eligibility. 

Eligibility for a Second 3-month period for ABAWDs WAC 388-444-0045(1) & (3). 

There are two three-month periods an ABAWD can receive Basic Food benefits without participation.

1. The first set are the initial non-qualifying months.
   • A 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 discretionary exemptions
   • These months do not need to be consecutive.
2. The second set of months are the subsequent months.
   •  These months are only able to be used by an ABAWD who has used their initial non-qualifying months, has regained eligibility, and active on Basic Food.
   • They start the month the client stops participating.
   • The client receives three full consecutive benefit months regardless of participation status.
   •  If the client is not participating in an activity or exempt by the end of the third month, the benefits will terminate.

 Washington State is approved for a waiver of ABAWD work requirements, so only months that should be coded at this time would be months used out of State.

Worker Responsibilities - WAC 388-444-0045

Monitoring Participation information found in Worker Responsibilities-WAC 388-444-0030.

Adding an Ineligible ABAWD back into the Household

 If an ABAWD client regains eligibility by meeting requirements in the Regaining Eligibility section, food benefits begin for this client effective the date:

• The application date; or
• The date the hourly requirement is met, whichever is later.

NOTE: Benefits must be prorated based on this date.

See more about how to add a client back onto a household in the Change of Circumstances: Effective Date Chapter.

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.

Revised April 14, 2021

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.)

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. Good cause is considered when determining if a mandatory ABAWD client has met the participation requirements.

   Consider an ABAWD to have met the work requirement if they have a temporary absence from work that causes them to not meet the required hours of participation and they have not lost their job.

   1. Good cause includes unexpected circumstances beyond the individual’s control, such as:
      • Illness;
      • Care for another household member;
      • A household emergency; or
      • The unavailability of transportation.
        
        NOTE:
        A household emergency can cover a range of unexpected events such as fire, extreme weather or domestic violence event.

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 Worker Responsibilities WAC 388-444-0030 – Monitoring Participation

Revised December 20, 2022

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 and the client may again receive benefits effective the first of the month following report of the change when the client becomes exempt during the penalty phase.

 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

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.

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