ABAWDs- Able-Bodied Adults Without Dependents

January 1, 2024

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 doesn’t participate for three months will become ineligible for Basic Food

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.

Moving Between Non-Waived and Waived Areas

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

• 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.
• 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.
• 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.

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:
  
  • Work;
  • Participate in an approved employment and training program;
  • Volunteer (unpaid work);
  • Participate in workfare; or
  • Qualify for a personal exemption

Activities to Meet Participation 

1. Employment or Work: 

• Work means providing a paid service to an employer or self-employment.
• This also includes in-kind work and rental income, based on the actual number of hours the client works.
• The wage offered by an employer shouldn’t be less than the state minimum wage or in-kind goods or service of equal value.
• Self-employed persons must work 20 hours or more per week (averaged monthly or 80 hours per month) to meet the ABAWD work requirement using the federal minimum wage. Annual hours cannot be averaged for ABAWD participation. 
• ABAWDs must work at least 80 hours per month to avoid gaining countable months.  

2. 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.  
• Enrolling in BFET BEFORE Basic Food Closes due to the three-month limit:
  
  • If an ABAWD client enrolls in BFET before the end of their 3rd month of non-participation in work requirements, the participant will qualify for an exemption until they are ready to participate enough hours that their participation meets the 20-hour work requirement. 
• Attempt to Enroll in BFET AFTER Basic Food Closes due to the three-month limit: 
  
  • Only clients who are receiving Basic Food can participate in BFET. Therefore, a client can’t use BFET to requalify for Basic Food. 
• In order to requalify for Basic Food and be eligible for BFET, the client must requalify within 30 days of application by:
  
  • Working for 80 hours; or
  • Participating for 80 hours in another approved employment or training activity; or
  • Completing the number of required Workfare volunteer hours.
  • Once the client has been approved for Basic Food, they may engage in employment and training in BFET.

3. Job Search and Job Search Training Services for ABAWDs

• 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 participate in Workfare 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.

4. Other State approved Employment and Training programs for ABAWD Participation

• In addition to BFET, there are a number of other programs that ABAWDs can participate in to meet work requirements.
  
  • Programs included with the Workforce Investment and Opportunity Act (WIOA)
    • Employment and Training programs through statewide WorkSource offices;
    • Some community and technical college programs; and
    • Some other community partners participating under WIOA.
  • 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);
  • And others as they are approved

5. Participate in Unpaid Work

• Unpaid work includes in kind work or unpaid as a volunteer at a State, local, religious, or community non-profit organization. An ABAWD must volunteer a total of 80 hours in a month.
• Volunteering can also occur in other formats within the community.  The following applies to unpaid work:
  
  • Participation is optional in non-waived counties.
  • Allows clients to work under supervision to gain valuable work experience and meet ABAWD work requirements.
  • Cannot be counted if also used to meet court appointed or legal obligations.
  • Can be combined with work and work programs to fulfill the 80 hour per month requirement.
  • Cannot be combined with Workfare hours to meet work requirements, as Workfare is a stand-alone activity.
• ABAWDs can requalify for Basic Food Assistance using unpaid work hours. They must meet a total of 80 hours of work, or volunteer, or combination of the two within 30 days. Once verified, ABAWDs are eligible for benefits based on the date of verification or date of application.

    6. Proof of Participation

• Mandatory ABAWD client’s need to provide proof of their ABAWD work requirement participation to DSHS by the tenth of the month following participation for the following activities:
  
  • Employment and Training;
  • Unpaid work;
  • Work hours, if working less than 80 hours a month; and
    • Workfare
• If clients are meeting participation by working 80 hours a month, they are responsible to report if their hours drop below 20 hours a week. They aren’t required to submit work verification monthly.
• We have created a form to assist clients in providing this proof: ABAWD Activity Form #01-205.  (Available in our eight supported languages at https://www.dshs.wa.gov/office-of-the-secretary/forms). 

• Collateral Contacts:
  
  • 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

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 isn’t 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 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. 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 1/1/2024. Document the information.
• Expedited cases can be approved with postponed verification for out of state verification.

Monitoring ABAWD Participation 

• Eligibility staff are responsible to:
  
  • Determine if participation was required.
  • 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.

Combining Work and/or Training to meet requirements

• The options for meeting work participation requirements are:
  
  • Participate in paid employment for 80 hours a month (20 hours a week average); or 
  • Participate in an approved training program for 80 hours a month(20 hours a week average); or
  • Participate in unpaid work for 80 hours a month (20 hours a week average); or
  • Participate in a combination of work and back to work activities (1 - 3 above) to make a total of 80 hours a month or an average of 20 hours per week; and/or;
  • Volunteer in Workfare for the calculated required number of hours per month. This activity can’t be combined with options 1-4.

Good Cause:

• 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.

Clarifying Information - WAC 388-444-0035

ABAWD Information 

• A client is an Able Bodied Adult without Dependents (ABAWD) if they are able to work and have no children in their Assistance Unit (AU). ABAWDs may receive Basic Food benefits for three out of every 36 months if they aren’t meeting work requirements and they don’t qualify for an exemption.
• If a client is exempt from work registration rules under WAC 388-444-0010 they are exempt from ABAWD participation. However there are further exceptions that a client may meet under 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 doesn’t affect the ABAWD status of the adults in the home.  If the child isn’t 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. 

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 Exemptions 

• Every Federal Fiscal Year the U.S. Department of Agriculture (USDA) awards an amount of discretionary exemptions to each state. 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:
  
  • Living on the Snoqualmie tribal reservation.
  • Living on the Muckleshoot tribal reservation.
  • Who wouldn’t receive timely termination notice due to LEP translations.

Participation 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. When documenting, always select the exemption or exception that will last for the longest period of time. Exempt Area is only used when the individual lives in a waived county and doesn’t qualify for a different exemption or exception. 

• 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.
• 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
  
  • Veterans of the U.S. Armed forces or reserves (Army, Navy, Air Force, Marines, Space Force, Coast Guard, and National Guard) qualify for an exception from the ABAWD participation rules regardless of discharge status.
• Homeless
  
  • Clients experiencing homelessness qualify for an exception to ABAWD participation. Clients may experience homelessness differently from others. Homelessness will also be consistent (but not limited to) WAC 388-408-0050.
• Foster Care Alumni
  
  • Individuals who were in foster care on their 18th birthday and are 24 years of age or younger. ACES will recognize Foster Care Alumni receiving D26 medical as qualifying for the exception. Foster Care Alumni recently relocating to Washington may contact the Health Care Authority to have eligibility determined for D26 healthcare coverage.

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 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.

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

• Collateral contact can come from:
  • A medical professional: nurse, doctor, psychologist, psychiatrist, etc.;
  • Drug or alcohol treatment professional; or
  • Any reliable medical source that is familiar with the circumstances that make the client unable to work twenty hours a week.
• Collateral contact must include:
  • Information regarding the client’s ability to work 80 hours a month (or 20 hours a week).
  • Estimated time period the client will be prevented from working 80 hours a month.
• We review temporary incapacity exemptions at mid-certification review, recertification, or when the client reports a change in their ability to work.

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

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.  
• Volunteer work in the community - ABAWDS can meet their work requirement by completing volunteer hours at a non-profit or public agency.
• ABAWD clients must participate based on the household's food benefit allotment divided by the state or local minimum wage (rounded down):
  
  • Effective January 1, 2024:
    • State minimum wage is $16.28/hr.
    • Seattle minimum wage is $19.97/hr.
    • SeaTac minimum wage is $19.71/hr.
    • Note: Please review additional Labor and Industries lists local wages at www.lni.wa.gov/workers-rights/wages/minimum-wage/

• An ABAWD may volunteer at any non-profit agency that agrees to provide Workfare opportunities for ABAWDS to meet their work requirements. The non-profit must have a current DSHS 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.
• 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

• If you are a non-profit agency interested in becoming a Workfare site please inquire with ABAWD@dshs.wa.gov. Workfare agencies agree to verify that the ABAWD has met their hourly requirement. Upon verification, we will not count a month against the three-month limit. The Workfare agencies also agree to notify DSHS when a participant is no longer participating as planned.

Worker Responsibilities – WAC 388-444-0040

We route communication about Workfare to the Workfare Unit who match clients up with appropriate Workfare agencies for their abilities and needs.  Staff follow the referral instructions in the CSD Procedures Handbook. When determining the amount of hours a client must complete when requalifying, use the calculated prorated amount.

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 also deny this person Basic Food at application or recertification if they do not have a personal exemption and they do not live in a waived area, unless they 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?  More information in the Allocation & Deeming chapter.

Regaining Eligibility

• There are no limits to the number of times a client can regain 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 30 day period may:
  
  • Begin as early as 30 days prior to the date of application, or
  • End as late as 30 days after the date of application.
  • However, all 80 hours must be within 30 consecutive days.
• If an applicant applies 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 meeting the full 80 hours, they are ineligible.
  
  • Deny the application.
  • When the client verifies that the full 80 hours was met, within a 30 consecutive day period ending no later than 30 days after date of application, rescreen the application using the requalifying date as the date of application.
  • If a client does not provide verification by the 30th day after the application, they will need to provide a new application.

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.
   
   1. A non-qualifying month refers to any month an ABAWD receives Basic Food benefits for the full benefit month while not:
      
      1. Exempt from the 3-month time limit;
      2. Fulfilling ABAWD work requirements;
      3. Covered by a waiver of the ABAWD time limit; and
      4. Exempted for the month using the State’s discretionary exemptions
   2. These months do not need to be consecutive.
       
2. The second set of months are the subsequent months.
   
   1. 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.
   2. They start the month the client stops participating.
   3. The client receives three full consecutive benefit months regardless of participation status.
   4. If the client is not participating in an activity or exempt by the end of the third month, the benefits will terminate.

3. The ABAWD cannot begin the subsequent 3-month period if they are disqualified for a reason other than ABAWD non-participation (such as a job quit). The client must regain eligibility in order to receive the subsequent months.

After Subsequent Months are used:

1. Client is participating at the end of the Subsequent Months.
   
   1. Client is eligible for Basic Food as long as they participate and meet other Basic Food rules.
   2. Clients must provide proof monthly if they are using Workfare, employment and training, or unpaid work to meet participation.
2. Client is not participating at the end of the Subsequent Months
   
   1. Client must reapply and meet eligibility factors. (Regaining Eligibility)

NOTE:
The department cannot consider the eligibility of an ABAWD client who has used the initial and subsequent months and does not regain eligibility by participating or becoming exempt until the next 36-month period. 

Worker Responsibilities - WAC 388-444-0045

Monitoring ABAWD 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:
  
  • 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. 
  • If the Department is upheld, the original 3rd non-qualifying month is counted and the case will close establishing an overpayment; or
  • If the client is upheld, benefits received are retained and we will review ABAWD participation status for the on-going month.

ACES Procedures

The ACES Manual is housed on the internal network accessible by staff.

See Chapters Basic Food Assistance - Able Bodied Adults Without Dependents (ABAWD)