WSR 97-06-074

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

(Public Assistance)

[Filed February 28, 1997, 2:18 p.m.]

Date of Adoption: February 28, 1997.

Purpose: Limits food stamp program eligibility to noncitizens who are: (a) Refugees, asylees, and aliens with deportation withheld (for five years from date of entry, grant of asylum or withholding of deportation date); (b) permanent resident aliens (admitted under INA) with forty qualifying work quarters who did not receive any federal means-tested benefits during any qualifying work quarter after December 31, 1996; or (c) veterans and active-duty military, lawfully residing in the United States, plus spouse and unmarried dependent child.

Citation of Existing Rules Affected by this Order: Amending WAC 388-49-310.

Statutory Authority for Adoption: RCW 74.04.510.

Other Authority: Section 402 of HR 3734 (Public Law 104-193) (1996).

Adopted under notice filed as WSR 97-02-078 on December 31, 1996.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 1, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 1, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Thirty-one days after filing.

February 28, 1997

Merry A. Kogut, Manager

Rules and Policies Assistance Unit

AMENDATORY SECTION (Amending Order 3409, filed 6/23/92, effective 7/24/92 WAC 388-49-310 Citizenship and alien status. (1) The department shall require applicants to sign the application attesting to their citizenship or alien status as described under WAC 388-49-030(6).

(2) The department shall consider applicants ((failing)) as of January 1, 1997 and current recipients as of April 1, 1997 who fail to meet the requirements of subsections (1) and (3) of this section as ineligible household members under WAC 388-49-190(4), 388-49-420(5), and 388-49-480(2).

(3) The department shall consider the following persons residing in the United States eligible for participation in the food stamp program:

(a) A United States citizen; ((or))

(b) An alien lawfully admitted for permanent residence((; or)) under the Immigration and Nationality Act who has worked forty qualifying quarters of coverage as defined under Title II of the Social Security Act or can be credited with such qualifying quarters.

(i) An alien can be credited for each qualifying quarter worked by a:

(A) Parent while the alien was under age eighteen, or

(B) Spouse during their marriage if the alien remains married to the spouse or the spouse is deceased.

(ii) Beginning January 1, 1997, any quarter in which the alien received any federal means-tested public benefit is not counted as a qualifying quarter.

(iii) The department shall accept a statement under penalty of perjury signed by the applicant or recipient that he or she has earned or can be credited with forty qualifying quarters of coverage, until Social Security Administration (SSA) either confirms or denies the existence of such forty qualifying quarters of coverage, when:

(A) The applicant or recipient cannot provide SSA documents verifying forty qualifying quarters of coverage; and

(B) The applicant or recipient, alone or in combination with the person's spouse, or the person's parent have lived in the United States a sufficient number of years consistent with the applicant or recipient having earned or being credited with forty qualifying quarters; and

(C) The applicant or recipient provides the full name, date of birth, social security number, and sex of each person whose work history is relevant to the determination of eligibility. The applicant or recipient must sign or have each individual sign a consent form to give permission to SSA to release qualifying quarters information to the department.

(iv) If SSA cannot initially confirm forty qualifying quarters of coverage, the client will be considered ineligible unless the applicant or recipient:

(A) Presents to the department a SSA document indicating a SSA review is in process; or

(B) Presents evidence or statements satisfactory to the department of qualifying quarters for the calendar years 1996 and 1997 such that the individual will establish, in addition to SSA information, a total of forty qualifying quarters.

(v) The individual, who provides the department with a SSA document indicating a review of the individual's records is in process, can continue, if otherwise eligible, to receive benefits for six months from the date of SSA's initial response or until SSA has completed its review, whichever is earlier.

(vi) If, after recipient completes the SSA verification and review process, forty qualifying quarters of coverage have not been established, the recipient may present evidence to the department to establish forty qualifying quarters. Evidence may include a credible statement from the individual in addition to corroborating evidence, if available, to assist the department in making an independent assessment of the forty qualifying quarters requirement.

(vii) If forty qualifying quarters of coverage cannot be established, the department shall establish a claim for the overissuance.

(c) A((n)) qualified alien, as defined under section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, and the qualified alien spouse or unmarried dependent qualified alien child of the alien, lawfully residing in the United States, who is:

(i) ((Entered the United States before January 1, 1972, or some later date as required by law; and)) A veteran, as defined in section 101 of Title 38, United States Code, with a discharge characterized as an honorable discharge and not on account of alienage; or

(ii) ((Has continuously maintained residency in the United States since then; and

(iii) Is not ineligible for citizenship but is considered to be lawfully admitted for permanent residence as a result of an exercise of discretion by the attorney general under section 249 of the Immigration and Nationality Act)) On active duty, other than active duty for training, in the Armed Forces of the United States.

(d) An alien ((who qualified for entry after March 17, 1980, because of persecution or fear of persecution on account of race, religion, or political opinion under sections 203 (a)(7), 207, and 208 of the Immigration and Nationality Act; or)) admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act until five years after the date of such admission as a refugee;

(e) An alien ((qualified for conditional entry before March 18, 1980, under former section 203 (a)(7) of the Immigration and Nationality Act; or

(f) An alien)) granted asylum ((through an exercise of discretion by the attorney general)) under section 208 of the Immigration and Nationality Act until five years after the date of granting such status; or

(((g) An alien lawfully present in the United States as a result of:

(i) An exercise of discretion by the attorney general for emergent reasons or reasons deemed strictly in the public interest under section 212 (d)(5) of the Immigration and Nationality Act; or

(ii) A grant of parole by the attorney general.

(h))) (f) An alien living ((within)) in the United States ((for whom the attorney general withheld)) whose deportation((,)) is withheld under section 243(h) of the Immigration and Nationality Act((, because the attorney general judges the alien is subject to persecution because of race, religion, or political opinion; or

(i) An alien having temporary resident status as a special agricultural worker under section 210 of the Immigration and Nationality Act; or

(j) An aged, blind, or disabled alien admitted for temporary or permanent residence under section 245A of the Immigration and Nationality Act; or

(k) An alien who is not aged, blind, or disabled admitted under section 245A of the Immigration and Nationality Act when:

(i) Permanent status has been gained; and

(ii) A five-year period has expired from date lawfully admitted.

(l) An alien who is:

(i) Granted family unity status by the immigration and naturalization service; and

(ii) Whose newly legalized alien spouse or parent is eligible to participate in the food stamp program)) until five years after the date such deportation is withheld.

(4) The household shall provide verification when:

(a) Citizenship is questionable; or

(b) One or more of its members are aliens.

(i) The department shall not contact the immigration and naturalization service to obtain information without the alien's written consent.

(ii) The department shall give the household failing to provide verification the option of:

(A) Withdrawing the application; or

(B) Participating without the alien member.

(5) An applicant shall be ineligible until:

(a) Questionable citizenship is verified; or

(b) Lawful alien status is verified.

(6) The department shall accept a statement under a penalty of perjury signed by a United States citizen that the applicant is a United States citizen when:

(a) The applicant cannot produce acceptable citizenship verification; and

(b) The household can reasonably explain why the verification is not available.

(7) The department shall notify immigration and naturalization services when any household member is ineligible because that person is present in the United States in violation of a known deportation order of the Immigration and Nationality Act.

(8) Lawfully admitted aliens who are ineligible include:

(a) Alien visitors;

(b) Tourists;

(c) Diplomats; ((and))

(d) Students with temporary status; and

(e) Aliens not identified in subsection (3) of this section as eligible for participation in the food stamp program.

[Statutory Authority: RCW 74.04.050. 92-14-030 (Order 3409), 388-49-310, filed 6/23/92, effective 7/24/92; 91-11-019 (Order 3177), 388-49-310, filed 5/7/91, effective 6/1/91. Statutory Authority: RCW 74.04.510. 89-16-106 (Order 2836), 388-49-310, filed 8/2/89, effective 9/2/89; 89-07-001 (Order 2770), 388-49-310, filed 3/2/89. Statutory Authority: RCW 74.04.050. 88-16-085 (Order 2666), 388-49-310, filed 8/2/88; 88-02-031 (Order 2575), 388-49-310, filed 12/31/87.]

Legislature Code Reviser

Register

Washington State Code Reviser's Office