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
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.
- 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:
- Review the client's circumstances to determine if any Basic Food work registration exemptions apply. See WAC 388-444-0010
- If the client meets an exemption then the client continues to receive Basic Food benefits;
- 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
- When disqualifying a client for non-compliance with a comparable program, notify the non-exempt client that:
- Basic Food work requirements must be met within 10 days of the notice;
- Basic Food work requirements can only be met by cooperating with the comparable program requirements;
- The disqualification period is determined under WAC 388-444-0055.
- 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.
- 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.
- Apply the disqualification in the month following the 10-day advance notice. Enter the following information in free form text:
- The reason for the disqualification;
- The period of disqualification;
- 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.
- Apply the disqualification the first month following the 10-day notice of adverse action
Procedures for Disqualifying a Client
- Enter non-cooperation in ACES as described in the ACES Procedures at the end of this section.
- If the disqualified client leaves the Basic Food program before the disqualification starts, impose the disqualification when:
- The person reapplies; and
- Start the disqualification period with the first full month of certification.
- If a disqualified person leaves the program before completing the disqualification period:
- The person serves any remaining time of disqualification when the person applies for benefits; and
- Start the remaining disqualification period with the first full month of certification.
Regaining Eligibility
- If otherwise eligible, a client regains Basic Food benefits when they complete their penalty period.
- A disqualified client is treated as an ineligible household member. See INCOME
- 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.
- If the hearing goes against the client, and the client received continued benefits, DSHS will establish an overpayment;
- Give the client 10-day advance notice;
- 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