Revised: October 28, 2025

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) aren't 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, eligibility review, or a change that impacts work registration, screen members of the Basic Food household to determine exempt or non-exempt status.
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 the sanctioned individual is 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 and BFET Script(s) to household members in the assistance unit that are work registrants. Complete any necessary referrals to employment and training opportunities. 
6. Ensure the Consolidated Work Registration Notice populates in the letters for the household. 

Revised October 28, 2025

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/hr in 2025) 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).

Revised: April 20, 2026

Purpose:

This chapter explains the participation requirements for individuals who are Able Bodied Adults Without Dependents (ABAWD), exceptions from the three-month time limit and how participation requirements are met.

It covers the following topics:

• Identifying an ABAWD
• Screening for exceptions to participation time limits
• Participation requirements and notification
• Activities to meet participation
• Monitoring participation
• Changes during certification
• Requalifying after the three-month limit  

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?  

Clarifying Information - WAC 388-444-0030 and WAC 388-444-0035

Identifying an Able Bodied Adult Without Dependents (ABAWD)

Staff must screen for Work Registration and ABAWD status at application, eligibility review, and when there is a client reported change in the work registration status of a household member.

What’s the difference between an exemption from Work Registration and an exception from ABAWD participation rules?

• Work registration exemptions (other than age) also exempt individuals from being considered under ABAWD rules
• When someone is determined to be subject to ABAWD rules, we then determine whether they have an exception from participation time limits.

Individuals who qualify for Work Registration Exemptions are not ABAWDs.

• Those that are ABAWDs will be reviewed to determine whether they have an exception to the three-month participation time limit.
• The current 36-month time limit period began January 1, 2024, and ends December 31, 2026. Another 36-month period will begin January 1, 2027. 

An able-bodied adult without dependents (ABAWD) is a person who:

• Is 18-64 years old
• Is able to work
• Isn’t exempt from work requirements under WAC 388-444-0010
• Doesn’t have a child under age 14 in the assistance unit

Children in the home  

• When an Assistance Unit (AU) includes a member under age 14, 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 immigration status or failure to provide their Social Security number; this doesn’t affect the ABAWD status of the adults in the home.  If the child isn’t in the AU, such as in a roommate situation where the adults purchase and prepare separately, the client is an ABAWD.

Screening for exceptions to ABAWD participation time limits

After determining whether an individual is an ABAWD, the next step is to determine with the client whether there’s an exception from participation rules under WAC 388-444-0035.

Screening for ABAWD exceptions must be done at application, recertification or client-reported change to ABAWD status to determine if they have an exception before the countable months are applied.

• Screen for exceptions from the ABAWD participation time limit by reviewing the client’s circumstances. Priority of exemptions:
  
  • If more than one exemption can apply, use the exemption that is expected to last the longest.
  • Only apply an exemption for living in a waived area if no other personal exemption applies.

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

Participation Exceptions

ABAWD participation exceptions are reasons that an ABAWD client is not able or not required to participate in work or work activities for 80 hours a month. When documenting, always select the exception that will last the longest. 

In many cases you’ll be able to use the client’s statement about their circumstances to determine whether an exception is appropriate.

The following provides some guidance on applying exceptions.

American Indians and Alaska Native Tribal Members

In July 2025, Federal rules added new ABAWD exception for Indians, also referred as Native Americans, Alaska Natives, Indigenous Peoples, and Tribal Members. The exception is statewide, not limited to individuals living on tribal lands.
The new exception applies to: 

• “An Indian” as defined in paragraph (13) of Section 4 of the Indian Health Care Improvement Act (IHCIA). 
• “An Urban Indian” as defined in paragraph (28) of Section 4 of the IHCIA. 
• “A California Indian” as described in Section 809(a) of the IHCIA 
• Exceptions also apply to descendants of the 1st or 2nd degree (child or grandchild) of a tribal member.

For definitions of “Indian”, Urban Indian”, “California Indian” please refer to US Code Title 25 Chapter 18 - Indian Health Care Improvement Act.

• Section 4 paragraphs 13 and 18 of the Indian Health Care Improvement Act define an Indian as one who is: 
  
  1. A member of a tribe, band, or other organized group of Indians or descendants of 1st and 2nd degree of such member. 
  2. Inuit, or Aleut or other Alaska Native.  
  3. Considered by the Secretary of the Interior to be an Indian for any purpose.  
  4. Determined to be an Indian under regulations promulgated by the Secretary. 

An individual who meets the definition of a descendant (a child or a grandchild of the tribal member) in A or is part of one of the groups included in B-D above, qualifies for an exception from participation regardless of their tribal membership.

Screening for Native American/Alaska Native Exception 

At the Client Details page, screen for qualifying factors: 

• Are you or anyone in your household a member of an American Indian Tribe or an Alaska Native? (Note: The tribe does not have to be federally recognized to qualify.) 
  
  • If so, who is a tribal member? 
  • Which tribe are they a member of? 
• Is anyone in your household a child or grandchild of a tribal member? (This is known as being a descendant of the 1st or 2nd degree of a tribal member.) 
  
  • If so, who? 
  • Which tribe do they have the generational affiliation?  
• As a reminder, we accept the client’s statement when screening for ABAWD tribal exemption unless their status is questionable.   

Record the Native American/Alaska Native Exception 

Client Details page:  

• Select the client’s Native American Tribe using the search feature for the Native American Tribe field on the Client’s Detail page find the appropriate tribe.
• If the Native American or Alaska Native tribe isn’t listed, select 9999 “Other Tribal Affiliation” and add a remark to identify the tribe that is not on the list. 
• If tribal affiliation is 1st or 2nd degree descendant of a tribal member instead of tribal membership for themselves, add a remark regarding tribal affiliation. 
• The Work Registration page will be automatically updated to show the American Indian (AI) exception when the Native American Tribe field is coded other than 0000 “No Tribal Affiliation” on the Client Details page.

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.

• When the due date has passed, workers will be responsible for updating work registration status of those in the household at the next review or client reported change.

Paid Family Medical Leave

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

Not able to Work 80 Hours a Month

Unable to work means that the client is not physically or mentally 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 registration page for this.
• Use prudent person reasoning and interview observations when determining if the client’s statement about their ability to work is questionable. Document your decision.
• Applicants for Aged, Blind, Disabled (ABD) cash assistance or a Housing and Essential Needs (HEN) referral:
  
  • While pending a decision for the other program, document whether the stated physical or mental condition meets the ABAWD exception.
  • If ABD/HEN is subsequently denied, review this documentation to determine whether to allow the ABAWD exception when processing an ABD/HEN denial. 

• Asking about incapacity:
  
  • 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 Circumstances

• If the client’s statement is questionable, attempt contact with someone aware of the person’s circumstances/condition. If you can't make this contact by telephone, the client can provide a collateral statement from a reliable source or provide the ABAWD Requirement: Medical report form DSHS 14-541 

• A collateral contact can come from:
  • A medical professional: nurse, doctor, psychologist, psychiatrist, etc.
  • A drug or alcohol treatment professional.
  • Any reliable medical source that is familiar with the circumstances that make the client unable to work twenty hours a week
• Collateral contact must include:
  • Information regarding the client’s ability to work 80 hours a month (or 20 hours a week).
  • Estimate of how long the client will be unable to work or otherwise participate 80 hours a month.

• We review temporary incapacity exemptions at application, recertification, or when the client reports a change that changes their ABAWD status.

Living in a Waived Area

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

Participation requirements and notification

• Participation requirements apply to ABAWDs receiving federal or state funded benefits.
• Households with Work Registrants and/or ABAWDs must be informed of participation requirements both orally during the screening process and in writing using the Combined Work Registration Notice (CWRN) at application, recertification and when a client reported change results in a change in work registration or ABAWD status.
  Note: The scripts must be saved in the household’s Electronic Case Record as the DSHS 16-259 to verify this step has been completed.
• Follow procedures to set the follow up reminder/tickle to monitor participation.

Activities to Meet Participation ​

Participation can be met by:

• Working 20 hours per week or 80 hours per month.
• Participating in and complying with the requirements of a work program 20 hours per week.
• Completing a combination of hours from working or a work program; or
• Participating in and complying with a Workfare program.

A. Employment or Work:

       Countable work hours are the number of hours spent doing any of these activities:

• Providing a paid service to an employer or through self-employment.
• In-kind work and rental income - the actual number of hours worked to earn the income verified by the person or place for whom the work was performed.
• Unpaid volunteer work with hours verified by the organization where the volunteer work was performed.

B. Work Programs

Instead of, or in combination with working, ABAWDs may meet the 80-hour participation requirement by participating in an approved work program.

ABAWD Participation in BFET

• Participating in Basic Food Employment and Training (BFET) in a non-waived area can be used to meet work requirements for ABAWDs as an approved Employment and Training Program.  
• If clients are unable to meet the hourly requirement in BFET, they combine their work program hours with work or volunteer hours to meet participation. More details are in the Combining Work and/or Training to meet requirements section.
• When participating in Job Search and Job Search Training activities, job search hours are only countable for less than half of the total time a client is engaged in employment and training activities.

• Job Search and Job Search Training activities done under the supervision of a WIOA program, count in their entirety toward the 80 hours of participation. Some BFET providers are WIOA partners, but not all.

Other State approved E&T programs for ABAWD Participation

In addition to BFET, there are other programs that individuals can participate in to meet ABAWD participation requirements.

• Programs included in Title I Workforce Investment and Opportunity Act (WIOA)
• Employment and Training programs through statewide WorkSource offices
• Some community and technical college programs
• Additional community partners participating under WIOA titles
• Programs included under Section 236 of the Trade Act of 1974 (Reestablished in 2015)
• Washington Service Corps/AmeriCorps
• NAFTA Transitional Adjustment Assistance Programs.
• Seattle Jobs Initiatives (SJI)
• Economic Security for All (EcSA)
• Jobs for Veterans State Grant (JVSG)
• And others as they are approved

Job Search as part of a Work Program and countable participation hours

When participating in Job Search and Job Search Training activities, job search hours are only countable for less than half of the total time a client is engaged in employment and training activities.

• For example, if a client is participating in BFET twenty hours a week, then only up to nine hours of Job Search or Job Search Training counts as “participation” for ABAWD requirements.  The other eleven must be in one of the other activities: Basic Education, Vocational Education, or Life Skills.
• If clients are unable to meet the hourly requirement in BFET, they may still complete work hours to meet participation. More details are in the Combining Work and/or Training to meet requirements section.
• Job Search and Job Search Training activities done under the supervision of a WIOA program, do count in their entirety toward the 80 hours of participation. Some BFET providers are WIOA partners, but not all.

C. Participating in Unpaid Work

Unpaid work includes in-kind work or unpaid work as a volunteer at a State, local, religious, or community non-profit organization.

• The following applies to unpaid volunteer work:
  
  • Participation is optional.
  • Clients work under supervision to gain valuable work experience and meet ABAWD work requirements.
  • Can be combined with work and work programs to fulfill the 80 hour per month requirement.
  • Can't be counted if also used to meet court appointed or legal obligations.
  • Can't be combined with Workfare hours to meet work requirements, as Workfare is a stand-alone activity.

D. Participating in Workfare WAC 388-444-0040

Workfare is unpaid work performed by an ABAWD for a public or private non-profit organization who has contracted with DSHS to be a Workfare provider. Workfare is available to non-exempt ABAWDs. Workfare isn’t available to non-ABAWDs.  

• ABAWD clients must participate based on the household's food benefit allotment divided by the state or local minimum wage as listed on:
  
  •  www.lni.wa.gov/workers-rights/wages/minimum-wage/.

• An ABAWD may participate 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 Workfare Contract.
  
  • Clients must receive a referral from DSHS to that site before their hours will begin to “count” toward participation
  • Clients can contact us to receive a referral to a Workfare site.
• Clients report their monthly hours to DSHS to verify their participation by returning a completed ABAWD Activity Report (DSHS Form 01-205) or other valid verification from the Workfare provider.
• The verification can be turned into DSHS in the following ways:
  
  • Fax 1-888-338-7410.
  • Drop off at the CSO; or
  • Mail it to:
    • DSHS CSD Customer Service Center 
      PO Box 11699
      Tacoma, WA 98411-6699
• Upload to MyWABenefits.com

Workfare Referrals

We route communication about Workfare to staff who match clients with appropriate Workfare agencies based on their abilities and needs.

Monitoring participation

When reviewing whether participation requirements are met:

• Determine if participation was required (not required if there is an applicable exception or an exemption from work registration).
• Determine if client met participation (review proof if required).
• Take case action as appropriate including entering non-qualifying months for any full benefit month when the client failed to participate.
• Document and provide client with notification as appropriate.
• Follow procedures to reset the follow up reminder/tickle for future months.

36-Month Period

The current 36-month time limit period began January 1, 2024, and ends December 31, 2026. Another 36-month period will begin January 1, 2027.

Countable Non-Participation Months

A countable month or non-qualifying month refers to any month an ABAWD receives Basic Food benefits for the full benefit month while:

• Receiving benefits in Washington or another state as an ABAWD without an exception from participation requirements.
• Not fulfilling ABAWD work requirements.
• Not in an area with a waiver of the ABAWD time limits.
• Not exempted for the month using one of the state’s federal allotment of discretionary exemptions.

An ABAWD without exceptions must fully meet required hours in qualifying work or work-like activities each month unless there is good cause for non-participation. A client who doesn’t participate for three months will become ineligible for Basic Food.

Out of State Countable Months

Verify any countable non-qualifying months received when there is evidence the ABAWD received food benefits in another state.  Update client's Work Registration Details page with the out of state months when the client didn’t participate during Washington's current 36-month period. The current 36-month time limit period began January 1, 2024, and ends December 31, 2026. Another 36-month period will begin January 1, 2027. 

• A written or verbal statement from the other state agency of countable months is acceptable proof. 
• Verify with each state the number of months the ABAWD received benefits without participating in work requirements.
• Enter the non-qualifying months the other state reported after 1/1/2024. Document the information.
• Expedited cases can be approved with postponed verification for out of state verification.
• Check for out of state countable months at application even if the client is moving to a waived area in Washington. 

Proof of participation in countable activities

Proof of ABAWD work requirement participation must be provided by the client by the tenth of the month following participation for the following activities:

• Employment and Training other than through BFET
• Unpaid work
• Work hours, if working less than 80 hours a month
• Workfare
• Clients meeting participation by working 80 hours a month, are responsible to report when their hours drop below 20 hours a week by the 10th of the month following the change per WAC 388-418-0007(3). They aren’t required to submit work verification monthly.
• ABAWD Activity Form #01-205 can be used to provide proof of hours.  (This form is available in eight supported languages at https://www.dshs.wa.gov/office-of-the-secretary/forms). 

• Collateral Contacts to verify participation:
  
  • Collateral contact can come from:
    • Workfare site supervisor
    • Employment and Training case manager or advisor
    • Volunteer site coordinator
  • Collateral contact must include:
    • Client name identification
    • Calendar month reporting
    • Activities performed
    • Number of hours in the month participating in activity
    • Name and signature of the person verifying the information

Combining Work and/or Training to meet requirements

The options for meeting work participation requirements are:

• Participating in paid employment for 80 hours a month (20 hours a week on average).
• Participating in an approved training program for 80 hours a month (20 hours a week average).
• Participating in unpaid work for 80 hours a month (20 hours a week average).
• Participating in a combination of work and back-to-work activities (listed above) to make a total of 80 hours a month or an average of 20 hours per week; or
• Volunteering in Workfare for the calculated required number of hours per month. This activity can’t be combined with options listed above as Workfare is a stand-alone activity.

• Increase the number of hours she is working to 80 hours a month
• Participate in an approved training program for at least ten hours a week average (to make a total of 80 hours a month in work and training).
• Participate in unpaid work for at least ten hours a week on average (to make a total of 80 hours a month in work and training); 

OR

• Volunteer at a Workfare agency for a specified number of hours per month based on local minimum wage.
  (If local minimum wage is $18.29/hr. this would only be 5 hours, as $100 / $18.29/hr. = 5.68 or 5 hours rounded down)

If Joanna becomes exempt from work registration or qualifies for a participation exception, she may be eligible to continue to receive food benefits.

Discretionary Exemptions 

• Every Federal Fiscal Year the U.S. Department of Agriculture (USDA) awards an allotment of discretionary exemptions to each state based on caseload. The state has the authority to determine how the exemptions can be used to exempt ABAWD clients from the time limit.
• Washington State will use discretionary exemptions to exempt:
  
  • Mandatory ABAWDs who wouldn’t receive timely termination notice due to LEP translations.
  • ABAWDs participating in the address confidentiality program (ACP) without personal exemptions. ACES will automatically apply the exemption based on address.

Good Cause for non-participation in a month -  WAC 388-444-0050

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

Changes in exception status during a certification period

Loss of an exception: If, during the certification period, an individual has a change in circumstances that results in the loss of an exception from the time limit, do not begin assigning countable months until after screening the individual to determine whether any other work registration exemption or ABAWD exception applies. Screening is only required at application, eligibility review or when a client reported change results in a change in work registration or ABAWD status.

Newly meeting an exemption or exception: If, during the certification period an individual subject to the time limit has a change in circumstances that results in meeting an exemption or exception, act promptly to apply the new status. Don't assign a countable month when information is not questionable. If the information is questionable, verify before allowing. Once verified, apply the new status and don't assign countable months.

Moving Between Non-Waived and Waived Areas

Note: as of February 1, 2026, Washington state has no FNS approved waived areas.

• An ABAWD becomes exempt from ABAWD work requirements when they report moving to a waived area effective the month they report the move to the Department.
• An ABAWD must be screened for ABAWD participation exceptions if they report a 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.
• 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.

Clarifying Information – WAC 388-444-0045

Ineligibility Due to Failure to Meet ABAWD Requirements

If a client exhausts the three out of 36-months eligibility limit, 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 don't have a personal exception, unless they have requalified under Requalifying after the three-month limit.

If a client is terminated for non-participation, the person is an ineligible household member until they requalify. 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?’  and in the Allocation & Deeming chapter.

Requalifying after the three-month limit 

Regaining Eligibility

An ABAWD may regain eligibility by working and/or participating in approved training a total of 80 hours within a 30 consecutive day period.

The thirty-day consecutive day period may:

• Begin as early as 30 days prior to the date of reapplication.
• End as late as 30 days after the date of reapplication.

There is no limit on how many times an individual may regain eligibility and subsequently maintain eligibility by meeting the work requirement during the 36-month period.

Requalification date

If an applicant reapplies having met the 80 hours within the 30 consecutive days prior to date of application, and meets all other eligibility factors, the client is eligible effective the date of application.

If an applicant applies before satisfying the full 80 hours or required number of Workfare hours, they are ineligible. Deny the application.

After denial:

• When participation is met by completing 80 hours of paid or unpaid work, through participating in a work program or a combination of work and work program hours, benefits are prorated from the date the 80 hours are completed provided:
  • All 80 hours are in a 30 consecutive day period, and
  • The 30 consecutive days end no later than the date of reapplication, and
  • Verification of participation hours is received by the department by the 30th day after the date of reapplication.
  • Rescreen the application using the requalifying date as the date of application.
• When participation will be met via Workfare hours calculate the number of hours required to requalify using the prorated food benefit amount for the month of reapplication based on date of reapplication. Document this information.
  
  • When Workfare hours are verified, reopen the case based on the date of reapplication used for the calculation.

Eligibility for a second 3-month period

In addition to the initial three-month period, an ABAWD who has requalified and again has a non-qualifying month may receive three additional months of benefits, including the new non-qualifying month.

These months are called the subsequent months and have these requirements:

• Only available to an ABAWD individual who has used all three initial months, requalified, and is active on food assistance.
• The first non-participation month after requalifying is the first countable month of the three subsequent months.
• The three months are consecutive regardless of participation.

After the subsequent months

• If the ABAWD isn’t participating in an activity and doesn’t have an exception from participation, benefits terminate at the end of the third subsequent month.
• If participating 80 hours per month or doing Workfare, benefits can continue if the ABAWD continues to meet all other eligibility requirements and turns in verification of participation each month.
  
  • Verification is required for participation hours of unpaid work, Workfare or employment and training hours other than through BFET. (BFET hours are verified by the BFET provider in eJAS.)

Administrative Hearing Procedures

If an ABAWD individual requests an administrative hearing:

• Pause the three-month time clock by removing the 3rd non-qualifying month and benefits will continue until there is a hearing decision
• If the hearing decision upholds the department, the original 3rd non-qualifying month is counted and the case will close. Establish an overpayment for the continued benefits.
• If the client is upheld, the client is eligible for the continued benefits issued. Review for exceptions or participation status for the ongoing month.

Revised January 1, 2024

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.
2. 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.
3. 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