WSR 99-12-120

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed June 2, 1999, 10:32 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-07-105.

Title of Rule: WAC 388-478-0010 Households with obligations to pay shelter costs, 388-478-0060 Income eligibility standards for food assistance, 388-442-0010 Felons, and 388-408-0035 Assistance units for food assistance.

Purpose: Changes rules to be consistent with federal laws, rules, and regulations.

Statutory Authority for Adoption: RCW 74.08.090 and 74.04.510.

Statute Being Implemented: RCW 74.08.090 and 74.04.510.

Summary: WAC 388-478-0010, clarified language. WAC 388-478-0060, changed to show that all household members must receive cash benefits or SSI in order for the household to be exempt from the income standard. WAC 388-442-0010, changed to indicate that persons convicted of an element of possession, use, or distribution of an illegal drug are ineligible for benefits unless the specified conditions are met. WAC 388-408-0035, defined requirements for persons to be considered living in a separate residence and changed WAC to show that persons required to be in one household under subsection (2) of this WAC cannot be a separate household even if they meet the conditions of the previous subsection (4) of the WAC.

Reasons Supporting Proposal: Current rules are not consistent with federal laws, rules, and regulations.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: John Camp, Division of Assistance Programs, P.O. Box 45480, Olympia, WA 98504-5480, (360) 413-3232.

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

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Changes rules to be consistent with federal laws, rules, and regulations.

Proposal Changes the Following Existing Rules: WAC 388-478-0010 Households with obligations to pay shelter costs, 388-478-0060 Income eligibility standards for food assistance, 388-442-0010 Felons, and 388-408-0035 Assistance units for food assistance.

WAC 388-478-0010, clarified language. WAC 388-478-0060, changed to show that all household members must receive cash benefits or SSI in order for the household to be exempt from the income standard. WAC 388-442-0010, changed to indicate that persons convicted of an element of possession, use, or distribution of an illegal drug are ineligible for benefits unless the specified conditions are met. WAC 388-408-0035, defined requirements for persons to be considered living in a separate residence and changed WAC to show that persons required to be in one household under subsection (2) of this WAC cannot be a separate household even if they meet the conditions of the previous subsection (4) of the WAC.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The changes as a result of this rule do not affect small businesses.

RCW 34.05.328 does not apply to this rule adoption. This rule does not meet the definition of significant legislative rule.

Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on July 6, 1999, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Paige Wall by June 25, 1999, phone (360) 664-6094, TTY (360) 664-6178, e-mail wallpg@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 July 6, 1999.

Date of Intended Adoption: July 9, 1999.

May 28, 1999

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

2583.2
AMENDATORY SECTION(Amending WSR 98-16-044, filed 7/31/98, effective 9/1/98)

WAC 388-478-0010
Households with obligations to pay shelter costs.

The monthly need and payment standards for cash assistance are based on a determination of assistance unit size and whether the assistance unit has an obligation to pay shelter costs.

Eligibility and benefit level is determined using standards for assistance unit with obligations to pay shelter costs ((if the assistance unit)). An assistance unit has an obligation to pay shelter costs if one of the members:

(1) Owns, purchases or rents ((its)) their place of residence, even if costs are limited to property taxes, fire insurance, sewer, water, or garbage;

(2) Resides in a lower income housing project which is funded under the United States Housing Act of 1937 or Section 236 of the National Housing Act, if the household either pays rent or makes a utility payment ((in lieu)) instead of a rental payment; or

(3) Is homeless. Homeless households include persons or families who:

(a) Lack a fixed, regular, and adequate nighttime residence; or

(b) Reside in a public or privately operated shelter designed to provide temporary living accommodations; or

(c) Live in temporary lodging provided through a public or privately funded emergency shelter program.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090.  98-16-044, 388-478-0010, filed 7/31/98, effective 9/1/98.]

2582.2
AMENDATORY SECTION(Amending WSR 99-05-074, filed 2/17/99, effective 3/20/99)

WAC 388-478-0060
Income eligibility standards for food assistance.

(1) When ((an assistance unit receives)) all household members receive cash benefits (TANF, GA-U, GA-S, etc.) ((and)) or Supplemental Security Income (SSI), they do not have to meet the income standard.

(2) All households (((assistance units))), based on their size, must have income at or below the limits shown in column B to be eligible for food assistance, except as follows:

(a) Column C is to be used when ((an assistance unit)) a household includes a person sixty years or older, or with disabilities;

(b) Column E is to be used when determining separate household status for an elderly person and a person with permanent disability, as described in WAC 388-408-0035 (1)(d).

EFFECTIVE 10-1-98
Column A

Household Size

Column B Maximum Gross Monthly IncomeColumn C Maximum Net Monthly IncomeColumn D Maximum AllotmentColumn E

165% of Poverty Level

1$ 873$ 671$125$1,107
21,1769052301,492
31,4791,1383291,877
41,7831,3714192,262
52,0861,6054972,647
62,3891,8385973,032
72,6932,0716593,417
82,9962,3057543,802
93,3002,539 8484,187
103,6042,7739424,572
Each Additional Member+304+234+94+385

[Statutory Authority: RCW 74.04.050, 74.04.500, 74.04.510, 74.08.090.  99-05-074, 388-478-0060, filed 2/17/99, effective 3/20/99.  Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090.  98-16-044, 388-478-0060, filed 7/31/98, effective 9/1/98.]

2599.1
AMENDATORY SECTION(Amending WSR 98-16-044, filed 7/31/98, effective 9/1/98)

WAC 388-442-0010
Felons.

(1) A person is not eligible for TANF/SFA, GA and/or food assistance if the person is:

(a) Fleeing to avoid prosecution, custody, or confinement after conviction of a crime, or an attempt to commit a crime which is considered a felony in the place from which they were fleeing; or

(b) Violating a condition of probation or parole as determined by an administrative body or court that has the authority to make this decision.

(2) A person is not eligible for TANF/SFA and/or food assistance if convicted of a felony committed after August 21, 1996 involving an element of possession, use, or distribution of an illegal drug, unless the person:

(a) Was convicted only of possession or use of an illegal drug; and

(b) Was not convicted of a felony for illegal drugs within three years of the latest conviction; and

(c) Was assessed as chemically dependent by a program certified by the division of alcohol and substance abuse (DASA); and

(d) Is taking part in or has completed a rehabilitation plan consisting of chemical dependency treatment and job services.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090.  98-16-044, 388-442-0010, filed 7/31/98, effective 9/1/98.]

2580.2
AMENDATORY SECTION(Amending WSR 98-16-044, filed 7/31/98, effective 9/1/98)

WAC 388-408-0035
Assistance units for food assistance.

(1) For food assistance, the assistance unit is called a household ((is)). The household can consist of:

(a) A person living alone;

(b) A group of people living together who purchase or prepare meals together;

(c) A group of people living together who are required to be one household because of the relationship to each other as described in subsection (2) of this section; or

(d) An elderly person with permanent disabilities who is unable to prepare meals.  The combined income of all others living in the residence (excluding the spouse) cannot exceed the one hundred sixty-five percent standard under WAC 388-478-0060.  The person's spouse must be included in the food assistance household.

(2) The following people living together must be one household even if they purchase and prepare meals separately:

(a) Spouses which means persons who are legally married or who present themselves as husband and wife to the community, friends and relatives;

(b) Parents and their children under twenty-two years of ((age regardless of the child's marital status; and)) unless they are living at a separate residence;

(c) Children under eighteen years of age ((and the adult who the child is living with when the adult is not the child's parent.  When a)) that live with an adult that is not their parent are considered under parental control and must be in the adult’s household unless they are financially and otherwise independent.

(3) A minor child that lives with an adult who is not the child's parent((, the child is considered to be under parental control unless the child receives in their own name)) is considered independent financially and otherwise when the child:

(((i) A TANF grant; or

(ii))) (a) Lives with their spouse or children; or

(b) Receives a TANF/SFA grant or gross income equal to or exceeding the TANF/SFA grant standard in WAC 388-478-0020(2) unless the payee for the income is the adult living in the residence.

(((3))) (4) A client lives in a separate residence when they:

(a) Have a separate address; or

(b) Share an address with other persons and have all of the following items separate from the other persons:

(i) Entrance;

(ii) Shower or tub;

(iii) Toilet;

(iv) Place for storing perishable food; and

(v) Device that would normally be used for cooking food.

(5) A household member who is absent from the household a full issuance month, is not eligible for benefits with that household.

(((4))) (6) If not required to be in the household by subsection (2) of this section, the following persons living in the residence ((are not household members and if eligible)) may choose to be a separate food assistance household:

(a) Roomers, who are persons ((that)) who pay for lodging but not meals;

(b) Others who purchase and prepare meals separately from the household; or

(c) Live-in attendants regardless of purchase and prepare arrangements.

(((5))) (7) The following persons living in the residence are not household members and are not eligible for food assistance as a separate household:

(a) Ineligible students; and

(b) Persons eighteen to fifty years old without dependents who are no longer eligible for benefits as specified in ((chapter 388-444)) WAC 388-444-0030.

(((6))) (8) A person who is living in the residence and is not a household member as described in subsection (((4) and (5))) (6) and (7), is not included when household size, income eligibility, and benefit level are determined for the food assistance unit.

(((7))) (9) A boarder is a person who:

(a) Is paying a reasonable amount for lodging and meals as determined by the department; or

(b) Is in foster care.

(((8))) (10) A client can exclude a boarder at the client's request.  If excluded, the boarder cannot be a separate food assistance household.  Residents of licensed for-profit boarding homes are not eligible for benefits.

(((9))) (11) The following household members are ineligible for food assistance and are considered ineligible members:

(a) Those disqualified for:

(i) Intentional program violation (IPV) as specified in WAC 388-446-0015;

(ii) Noncompliance with work requirements as specified in WAC 388-444-0055; or

(iii) Failure to provide SSN as specified in WAC 388-476-0005;

(b) Those who fail to sign the application attesting to citizenship or alien status or immigrants not eligible because of alien status;

(c) Fleeing felons as specified in WAC 388-442-0010(1); or

(d) Those convicted of drug felonies as described under WAC 388-442-0010(2).

(((10))) (12) A person who is living in the residence and is an ineligible household member is not included when household size and benefit level is determined.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090.  98-16-044, 388-408-0035, filed 7/31/98, effective 9/1/98.]

Washington State Code Reviser's Office