WSR 97-20-113

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

(Public Assistance)

[Filed September 30, 1997, 3:25 p.m., effective October 1, 1997]

Date of Adoption: September 30, 1997.

Purpose: To implement a change in the federal thrifty food plan for the food stamp program. Also to repeal several WAC sections referencing, instead, the Code of Federal Regulations in one remaining section.

Citation of Existing Rules Affected by this Order: Repealing WAC 388-49-560, 388-49-570 and 388-49-580; and amending WAC 388-49-550.

Statutory Authority for Adoption: RCW 74.04.510.

Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: The thrifty food plan is integral to computing food stamp benefits. A delay in adoption may delay increased benefits for some households.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 1, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 3; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 1, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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: October 1, 1997.

September 30, 1997

Jerry W. Friedman

Assistant Secretary

Economic Services Administration

AMENDATORY SECTION (Amending WSR 96-23-024, filed 11/12/96, effective 1/1/97)

WAC 388-49-550 Monthly allotments. (1) ((The department shall determine the value of the allotment a household receives)) Amounts are figured per 7 CFR 273.10 and the thrifty food plan (TFP).

(2) The ((monthly allotment shall equal the thrifty food plan ())TFP(() for the household size reduced by thirty percent of the household's net income. The department shall use the monthly allotment standards as established by the food and nutrition service)) is.

Household Size Thrifty Food Plan

1 $((120)) 122

2 ((220)) 224

3 ((315)) 321

4 ((400)) 408

5 ((475)) 485

6 ((570)) 582

7 ((630)) 643

8 ((720)) 735

9 ((810)) 827

10 ((900)) 919

Each additional member + ((90)) 92

(3) ((The department shall issue to households, except for households as specified in subsection (4) of this section, a prorated coupon allotment for the number of days remaining from the date of application to the end of the initial month of eligibility.

(a) The department shall base the allotment on a thirty-day month.

(b) The department shall not issue an allotment for less than ten dollars.

(4) The department shall issue a full month allotment to eligible migrant and seasonal farmworker households applying within one calendar month after a prior certification ends.

(5) The department shall determine the value of the monthly allotment a household receives by:

(a) Multiplying the household's net monthly income by thirty percent;

(b) Rounding the product up to the next whole dollar if it ends with one through ninety-nine cents; and

(c) Subtracting the result from the thrifty food plan for the appropriate household size.

(6) One- and two-person households shall receive a minimum monthly allotment of ten dollars except in the initial benefit month when the department shall not issue an allotment for less than ten dollars.

(7) The department shall issue an identification card to each certified household)) Amounts are issued per 7 CFR 274.2 and 7 CFR 274.3.

(4) Amounts are replaced per 7 CFR 274.6.

(5) Amounts are restored per 7 CFR 273.17.

[Statutory Authority: RCW 74.04.510. 96-23-024, 388-49-550, filed 11/12/96, effective 1/1/97. Statutory Authority: RCW 74.04.050 and 7 CFR 273.10 (e)(4)(ii)(F). 95-21-054 (Order 3909), 388-49-550, filed 10/11/95, effective 11/11/95. Statutory Authority: RCW 74.04.050 and 7 CFR 273.10 (e)(4)(ii)(F) and FNS ADM Memo 07-19-94. 94-21-041 (Order 3795), 388-49-550, filed 10/12/94, effective 11/12/94. Statutory Authority: RCW 74.04.050, Administrative Notice 94-03 and P.L. 103-66 section 13916. 94-16-045 (Order 3755), 388-49-550, filed 7/27/94, effective 9/1/94. Statutory Authority: RCW 74.04.510 and 7 CFR 273.10 (e)(4)(ii)(F). 93-22-028 (Order 3656), 388-49-550, filed 10/27/93, effective 11/27/93. Statutory Authority: RCW 74.04.510. 91-23-088 (Order 3290), 388-49-550, filed 11/19/91, effective 12/20/91; 90-23-077 (Order 3102), 388-49-550, filed 11/20/90, effective 12/21/90; 89-22-132 (Order 2894), 388-49-550, filed 11/1/89, effective 12/2/89; 89-05-031 (Order 2760), 388-49-550, filed 2/13/89; 88-23-082 (Order 2728), 388-49-550, filed 11/18/88. Statutory Authority: RCW 74.04.050. 88-02-031 (Order 2575), 388-49-550, filed 12/31/87.]

REPEALER

The following sections of the Washington Administrative Code are repealed:

388-49-560 Issuance.

388-49-570 Replacement allotments.

388-49-580 Restoration of lost benefits.

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