(1)
If you are enrolled at least half-time in an institution of higher education,
you are ineligible for basic food unless you qualify for an exemption in
subsection (4) of this section.
(2)
You are considered a student of higher education for basic food purposes if you
are:
(a) Enrolled in an institution of higher
education at least half-time as defined by the institution; and
(b) Enrolled in coursework considered to be
higher education.
(3) An
institution of higher education is:
(a) Any
educational institution that requires a high school diploma or high school
equivalency certificate;
(b) A
business, trade, or vocational school that requires a high school diploma or
high school equivalency; or
(c) A
two-year or four-year college or university that offers a degree but does not
require a high school diploma or high school equivalency.
(4) If you are a student of higher education,
you must also meet at least one of the following exemptions to be eligible for
basic food:
(a) You are age seventeen or
younger;
(b) You are age fifty or
older;
(c) You are physically or
mentally unable to work (we determine if you are unable to work);
(d) You have paid employment and work an
average of at least twenty hours per week each month;
(e) You are self-employed, work, and earn at
least the amount you would earn working an average of twenty hours per week at
the federal minimum wage each month; or
(f) You were participating in a state or
federal work study program during the regular school year.
(i) To qualify under this exemption, you
must:
(A) Have approval for work study at the
time of application for basic food;
(B) Have work study that is approved for the
school term; and
(C) Anticipate
actually working during that time.
(ii) The work study exemption begins:
(A) The month in which the school term
starts; or
(B) The month work study
is approved, whichever is later.
(iii) Once begun, the work study exemption
shall continue until:
(A) The end of the month
in which the school term ends; or
(B) We find out you refused a work study
assignment.
(g) Starting January 16, 2021, you are
determined eligible to participate in state or federal work study by your
institution of higher education during the regular school year. Requirements
under subsections (4)(f)(i)-(iii) of this section are suspended until the
COVID-19 federal public health emergency ends as described under subsection (5)
of this section.
(h) You are
responsible for more than half the care of a dependent person in your
assistance unit (AU) who is age five or younger;
(i) You are responsible for more than half
the care of a dependent person in your AU who is between age six and eleven, if
we have determined that there is not adequate child care available during the
school year to allow you to:
(i) Attend class
and satisfy the twenty-hour work requirement; or
(ii) Take part in a work study
program.
(j) You are a
single parent responsible for the care of your natural, step, or adopted child
who is eleven or younger;
(k) You
are an adult who has the parental responsibility of a child who is age eleven
or younger if none of the following people live in the home:
(i) The child's parents; or
(ii) Your spouse.
(l) You participate in the WorkFirst program
under WAC
388-310-0200;
(m) You receive TANF or SFA
benefits;
(n) You attend an
institution of higher education through:
(i)
The Workforce Investment Act (WIA);
(ii) The basic food employment and training
program under chapter
388-444 WAC;
(iii) An approved state or local employment
and training program; or
(iv)
Section 236 of the Trade Act of 1974.
(o) Starting January 16, 2021, you have an
expected family contribution (EFC) of zero dollars in the current academic year
as determined by part F of Title IV of the Higher Education Act of
1965.
(5) The conditions
in subsection (4)(g) and (o) of this section will continue as follows:
(a) For initial applications, until thirty
days after the COVID-19 federal public health emergency ends.
(b) For recertifications, no earlier than
your first recertification thirty days after COVID-19 federal public health
emergency ends.
(6) If
you are a student of higher education, your status as a student:
(a) Begins the first day of the school term;
and
(b) Continues through
vacations. This includes the summer break if you plan to return to school for
the next term.
(7) We do
not consider you a student of higher education if you:
(a) Graduate;
(b) Are suspended or expelled;
(c) Drop out; or
(d) Do not intend to register for the next
normal school term other than summer school.
Notes
Wash. Admin. Code §
388-482-0005
Amended by
WSR
13-24-043, filed 11/26/13, effective
1/1/2014.
Amended by
WSR
18-19-025, Filed 9/12/2018, effective
10/13/2018
Amended by
WSR
20-05-047, Filed 2/13/2020, effective
3/15/2020
Amended by
WSR
21-17-093, Filed 8/13/2021, effective
9/13/2021
Statutory Authority:
RCW
74.04.050,
74.04.055,
74.04.057, and
74.04.510. 03-22-037, §
388-482-0005, filed 10/28/03, effective 12/1/03. Statutory Authority:
RCW
74.08.090 and
74.04.510. 99-16-024, §
388-482-0005, filed 7/26/99, effective 9/1/99. Statutory Authority:
RCW
74.04.050,
74.04.055,
74.04.057 and
74.08.090. 98-16-044, §
388-482-0005, filed 7/31/98, effective
9/1/98.