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 |
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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 |
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WAC 388-444-0010 | Who is exempt from work registration while receiving Basic Food? |
C. BASIC FOOD EMPLOYMENT AND TRAINING (BFET) |
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WAC 388-444-0015 | How can the Basic Food Employment and Training (BFET) program help me find work? |
D. BFET PAYMENTS FOR RELATED EXPENSES |
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WAC 388-444-0025 | What expenses will the department pay to help me participate in BFET? |
E. ABAWDs - Able-Bodied Adults Without Dependents |
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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 |
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WAC 388-444-0050 | What is good cause for failing to meet Basic Food work requirements? |
G. BASIC FOOD WORK REQUIREMENTS - DISQUALIFICATION |
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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 |
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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 |
Revised: January 13, 2023
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:
Work Registrants |
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Work Registrants Who are ABAWDs |
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Revised January 13, 2023
June 08, 2021
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:
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.
A waived area: |
A non-waived area: |
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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:
Activities to Meet Participation
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:
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.
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.
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:
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:
We determine who is exempt from ABAWD work requirements by reviewing the client’s circumstances.
Priority of exemptions:
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.
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.
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.
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/
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?
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.
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.
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:
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.
If an ABAWD requests an administrative hearing:
Revised April 14, 2021
Purpose:
When you are informed that a non-exempt Basic Food client has not complied with work requirements:
For Mandatory Work Registrants
For ABAWDs
NOTE:
03/16/2020
The Governor’s Stay Home, Stay Healthy protocols have closed schools and placed limits on gatherings and business capacity.
Staff can grant Good Cause if no other exemptions exist to any ABAWD client who is unable to participate in work-like activities due to COVID-19. Instructions for staff are in the CSD Handbook under Covid-19 Temporary ABAWD procedures.
Workers must document this in the clients’ case and must explain ABAWD requirements and temporary good cause to mandatory ABAWDS.
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.
EXAMPLE:
Rita is an ABAWD who lives a remote area in a non-waived county. She had a vehicle to get to her part time job, but it is in need of repairs and is not drivable. She calls to report that she will not be able to meet the required number of hours for ABAWD. The worker does not change the ABAWD Participation status but records the Good Cause decision in the case remarks and explains to Rita that Good Cause is limited. The worker refers Rita to a BFET provider in her area to explore options for aid to repair her vehicle.
EXAMPLE:
Sahar is an ABAWD who lives in a non-waived county. She is volunteering at a Workfare site in the next town over. She usually takes the bus to the location. There is a snowstorm which has caused the buses to not run in her neighborhood. She does not feel safe walking to a farther bus stop. Sahar calls to report that she will not be able to meet her volunteer hours for that month. The worker does not change the ABAWD Participation status but records the Good Cause decision in the case remarks..
EXAMPLE:
Parker is an ABAWD who lives in a non-waived county. He reports that he is not going to be able to work for a few months because he has broken his leg. This is not a case of Good Cause, instead, the worker should evaluate Parker for a personal exception for being unable to work.
Revised December 20, 2022
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.
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.
Examples for AUs receiving Basic Food while an adult is in a BF Work Registration penalty period:
Example 1: Tessa is in a BF work requirement penalty period and, begins attending school, becomes responsible for caring for a child under age six, or meets another Basic Food Work Registration exemption. Tessa can begin receiving Basic Food again, if otherwise eligible, effective the first of the month following the reported change. Update Tessa’s Work Registration Details in ACES Case Actions with the new status in the ongoing month.
Example 2: Ellery is in WorkFirst sanction. They agree to a new IRP and begin to participate during their second BF work requirement penalty period. This changes Ellery’s status to exempt due to participating in a cash program even if the full WF sanction period has not been served. The BF disqualification will end and, if otherwise eligible, Ellery may receive benefits effective the first of the month after the change.
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.
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 - 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
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:
Worker Responsibilities -WAC 388-444-0075
Verifying and Documenting a Voluntary Job Quit or Reduction in Work Effort
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