WSR 98-04-039
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
[Filed January 29, 1998, 4:24 p.m.]
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: WAC 388-49-550, 388-49-560, 388-49-570, and 388-49-580.
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.
Statutory Authority for Adoption: RCW 74.04.510, 74.08.090.
Statute Being Implemented: Section 804, Public Law 104-193.
Summary: Incorporates in WAC the latest thrifty food plan necessary for computing food stamp benefits.
Reasons Supporting Proposal: Mandated by federal statute.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Dan Ohlson, Mailstop 45470, (360) 413-3074.
Name of Proponent: Department of Social and Health Services, governmental.
Rule is necessary because of federal law, 7 CFR 273.10(e) 2 as amended by Vol. 62. No. 235 Federal Register (12/8/97).
Explanation of Rule, its Purpose, and Anticipated Effects: Due to regulatory reform, several WAC sections are repealed and shortened. The thrifty food plan is updated reflecting federal statute and rule.
Proposal Changes the Following Existing Rules: Repealing WAC 388-49-560, 388-49-570, and 388-49-580; and amending WAC 388-49-550.
No small business economic impact statement has been prepared under chapter 19.85 RCW.
RCW 34.05.328 does not apply to this rule adoption. RCW 34.05.328 (5)(b)(vii) exempts the Department of Social and Health Services rules that only to client medical or financial eligibility.
Hearing Location: Lacey Government Center (behind Tokyo O'Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on March 24, 1998, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Paige Wall by March 16, 1998, phone (360) 902-7540, TTY (360) 902-8324, e-mail pwall@dshs.wa.gov.
Submit Written Comments to and Identify WAC Numbers: Paige Wall, Acting Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, FAX (360) 902-8292, by March 24, 1998.
Date of Intended Adoption: No sooner than March 25, 1998.
January 29, 1998
Edith M. Rice, Chief
Office of Legal Affairs
AMENDATORY SECTION (Amending WSR 96-23-024, filed 11/12/96, effective
1/1/97)
WAC 388-49-550 ((Monthly allotments)) Computing, issuing,
replacing, and restoring food stamp benefits. (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 a federal
amount set as a low cost diet for various household sizes. The amounts
below are given to households with zero countable income. Households
with income receive smaller benefits.
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.