WSR 98-21-075

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

[Filed October 21, 1998, 10:23 a.m.]



Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: WAC 388-424-0020 Alien status and eligibility requirements for federal food stamps.

Purpose: Authorizes federal food stamp benefits for certain noncitizens, if otherwise eligible.

Statutory Authority for Adoption: RCW 74.04.510.

Statute Being Implemented: S.1150 The Agricultural Research, Extension, and Education Reform Act of 1998.

Summary: Expands the number and type of noncitizens eligible for federal food stamps including qualified aliens residing in the United States on August 22, 1996, and now disabled or under eighteen and those sixty-five or older on August 22, 1996. Allows eligibility for border Indians and Hmong/Laotian tribe members when tribe assisted United States during Vietnam era. Extends refugee and asylee eligibility from five to seven years.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Joan Wirth, Mailstop 45470, Olympia, Washington 98504-5470, (360) 413-3073.

Name of Proponent: Department of Social and Health Services, governmental.

Rule is necessary because of federal law, S.1150, The Agricultural Research, Extension, and Education Reform Act of 1998.

Explanation of Rule, its Purpose, and Anticipated Effects: Expands the number and type of noncitizens eligible for federal food stamps including qualified aliens residing in the United States on August 22, 1996, and now disabled or under eighteen and those sixty-five or older on August 22, 1996. Allows eligibility for border Indians and Hmong/Laotian tribe members when tribe assisted the United States during Vietnam era. Extends refugee and asylee eligibility from five to seven years.

With implementation, federal food stamp benefits will increase for noncitizens and state-funded food assistance program caseload will decrease.

Proposal Changes the Following Existing Rules: WAC 388-424-0020, this proposal allows additional noncitizens to get federal food stamp benefits and will result in a reduction of state expenditures and state-funded food assistance program cases.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not impact small businesses. The Department of Social and Health Services is submitting this rule to comply with federal law. See RCW 19.18.061.

RCW 34.05.328 applies to this rule adoption. This rule is significant, but it is exempt under RCW 34.05.328 (5)(b).

Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on November 24, 1998, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Paige Wall by November 13, 1998, phone (360) 902-7540, TTY (360) 902-8324, e-mail pwall@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, Paige Wall, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 902-8292, by November 24, 1998.

Date of Intended Adoption: November 30, 1998.

October 20, 1998

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

SHS-2489.2

AMENDATORY SECTION (Amending WSR 98-16-044, filed 7/31/98, effective 9/1/98)



WAC 388-424-0020  ((Citizenship and)) Alien status((--)) and eligibility requirements for the federal food stamp program. (1) ((Qualified aliens cannot receive federal food stamps unless they are:

(a) On active duty in the U.S. military, other than active duty for training;

(b) Honorably discharged U.S. veterans;

(c) Veterans of the military forces of the Philippines who served prior to July 1, 1946, as described in Title 38, section 107 of the U.S. code;

(d) The spouse or unmarried dependent children of a person described in sections (a) through (c) above)) For federal food stamps, an alien must meet one of the conditions in column 1 and one of the conditions in column 2.



Column 1 Column 2
Refugee

Asylee

Deportation withheld

Cuban or Haitian entrant

Aliens lawfully admitted for permanent residence

(immigrants)

Parolee for at least one year

Conditional Entrant

Battered spouse, battered child, or parent or child of a

battered person as defined in WAC 388-424-0005

The following noncitizens are only eligible for seven years after admitted or granted status:

Refugee/Amerasian/Asylee

Deportation withheld/Cuban or Haitian entrant

(The above noncitizens may be eligible even if they become immigrants within the seven-year period.)



There is no time limit for the following noncitizens:



1. Permanent resident aliens with forty Social Security Administration (SSA) work quarters.

2. Honorably discharged veterans, active duty military (other than training), spouse, and unmarried dependent children.

3. Lawfully in U.S. on August 22, 1996 and:

a. Now under eighteen, or

b. Disabled or blind, or

c. Sixty-five or older on August 22, 1996.

(2) ((Lawful permanent residents who have earned enough money to qualify for forty quarters of coverage under Title II of the Social Security Act can receive)) In addition to the above noncitizens, the following are eligible for federal food stamps.

(a) ((For purposes of this rule, an alien can receive credit for each qualifying quarter of coverage earned by a:

(i) Parent while the alien was under eighteen years of age; or

(ii) Step-parent while the alien was under eighteen years of age and residing in the same household as the step-parent; or

(iii) Spouse during their marriage if the alien remains married to the spouse or the spouse is deceased)) Hmong or Highland Laotian tribe members (and spouse and dependent children) when tribe rendered assistance to the U.S. during Vietnam era.

(b) ((Any quarter of coverage earned after January 1, 1997 in which an alien receives the following benefits does not count as a qualifying quarter:

(i) Food Stamps;

(ii) Temporary assistance for needy families (TANF); or

(iii) Medicaid, except for coverage provided under the alien emergency medical program)) Canadian born American Indians who are fifty percent American Indian blood.

(c) American Indians who are noncitizens and members of an Indian tribe as defined in section 4(e) of the Indian Self-Determination and Education Assistance Act.

(3) ((Aliens admitted to the U.S. as refugees under section 207 of the Immigration and Nationality Act (INA) can receive federal food stamps during the five-year period after their date of entry)) Lawful permanent residents can receive credit for SSA work quarters by:

(a) Earning enough money to qualify for work quarters; or

(b) Getting credit for quarters earned by a parent or step-parent while the alien is under eighteen; or

(c) Getting credit for quarters earned by a spouse during their marriage if the alien remains married to the spouse or the spouse is deceased.

(4) ((The following aliens can receive federal food stamps during the five-year period after the date they are granted their immigration status:

(a) Aliens granted asylum under section 208 of the INA;

(b) Aliens whose deportation is withheld under section 243(h) or 241 (b)(3) of the INA;

(c) Cuban and Haitian entrants, as defined in section 501(e) of the Refugee Education Act of 1980; and

(d) Amerasians admitted to the U.S. under section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (as amended))) Lawful permanent residents cannot receive credit for a SSA work quarter after January 1, 1997 if receiving TANF, nonemergency Medicaid, or food stamp benefits during that quarter.



[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-424-0020, filed 7/31/98, effective 9/1/98. Formerly WAC 388-518-1805.]