WSR 03-05-029

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed February 10, 2003, 3:52 p.m. , effective April 1, 2003 ]

Date of Adoption: February 6, 2003.

Purpose: Amending WAC 388-424-0020 How does my alien status impact my eligibility for the federal food stamp program? and 388-424-0025 Citizenship and alien status -- Eligibility requirements for the food assistance program for legal immigrants. The department is amending these rules to implement changes in immigrant eligibility for the federal food stamp program and to adopt the name Washington Basic Food Program or Basic Food for the department's food assistance programs.

Citation of Existing Rules Affected by this Order: Amending WAC 388-424-0020 and 388-424-0025.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, and 74.04.510.

Adopted under notice filed as WSR 03-02-065 on December 27, 2002.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 2, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.
Effective Date of Rule: April 1, 2003.

February 6, 2003

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3199.2
AMENDATORY SECTION(Amending WSR 02-22-046, filed 10/30/02, effective 12/1/02)

WAC 388-424-0020   How does my alien status impact my eligibility for the ((federal)) federally-funded Washington Basic Food ((stamp)) Program benefits?   (1) If you are not a U.S. citizen or U.S. national, you must ((meet)) fall within one of the following ((conditions and be otherwise eligible)) three categories, and meet all other eligibility requirements, in order to receive federal Basic Food ((stamp)) benefits:


((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))

((You are eligible for seven years from the date you entered the U.S. or from the date you were granted INS status:))

((Refugee/Amerasian/Asylee

Deportation withheld/Cuban or Haitian entrant

If you entered the U.S. under an INS status listed above, you are still eligible for federal food stamps eve if you change your INS status to immigrant during the seven-year period.))

((You may be eligible for federal benefits without a time limit if you meet any of the following conditions:))
((1. You are a permanent resident alien and you have worked or can get credit for forty Social Security Administration (SSA) work quarters.

2. You are a honorably discharged veteran, you are in active duty military (other than training), or you are the spouse, or unmarried dependent child of someone who meets this requirement.

3. You are blind or disabled and receive cash or medical benefits based on supplemental Security Income (SSI) disability or blindness criteria.

4. You were legally living in U.S. on August 22, 1996 and:

a. You are currently under age eighteen, or

b. You were born on or before August 22, 1931.))


(((2) In addition to the above noncitizens, you may be eligible for federal food stamp benefits if you legally live in the U.S. and are a member of one of the following groups:

(a) Hmong or Highland Laotian tribe members (including the tribal member's spouse and dependent children) when tribe assisted the U.S. during the Vietnam era beginning August 5, 1964 and ending May 7, 1975;

(b) Canadian born American Indians who are fifty percent American Indian blood; and

(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) If you are a lawful permanent resident, you can receive credit for SSA work quarters by:

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

(b) Getting credit for quarters earned by a parent or step-parent while you are under eighteen; or

(c) Getting credit for quarters earned by a spouse while you are married if you are still married to them or they are deceased.

(4) You cannot receive credit for a SSA work quarter after January 1, 1997 if you received TANF, nonemergency Medicaid, or food stamp benefits during the quarter.

(5) If you apply for TANF, nonemergency Medicaid, or food stamp benefits during your fortieth quarter and you earned enough money to qualify for the quarter before you applied for benefits, you get credit for that quarter.

(6)))

(a) You are a member of one of the following groups of qualified aliens (as defined in WAC 388-424-0005): A refugee, or an asylee, or a victim of trafficking, or have deportation/removal withheld, or are a Cuban or Haitian entrant; or are a qualified alien (as defined in WAC 388-424-0005) and Amerasian;

(b) You are a lawful permanent resident, or paroled for one year or more, or a conditional entrant, or a victim of domestic violence or parent or child of a victim (as defined in WAC 388-424-0005), and one of the following also apply to you:

(i) You have worked or can get credit for forty Social Security Administration (SSA) work quarters - see subsections (2) through (5) below;

(ii) You are an active duty personnel or honorably discharged veteran of the U.S. military or you are the spouse, unmarried surviving spouse, or unmarried dependent child of someone who meets this requirement;

(iii) You receive cash or medical benefits based on Supplemental Security Income (SSI) criteria for blindness or disability;

(iv) You have lived in the U.S. as a "qualified" alien as described in WAC 388-424-0005 for at least five years;

(v) You are under age eighteen;

(vi) You were lawfully residing in the U.S. on August 22, 1996 and were born on or before August 22, 1931.

(c) You are not in one of the groups listed under (a) or (b) of this subsection but belong to one of the following groups:

(i) You are legally residing in the U.S. and are a Hmong or Highland Laotian tribal members (including the tribal members' spouse and dependent children) when the tribe assisted U.S. personnel by taking part in a military or rescue operation during the Vietnam era beginning August 5, 1964, and ending May 7, 1975; or

(ii) Canadian born American Indians who are fifty percent American Indian blood; or

(iii) 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.

(2) For those immigrants who must have credit for forty SSA work quarters to receive Basic Food benefits, you can receive credit for SSA work quarters, earned only in the U.S., by:

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

(b) Getting credit for quarters earned by a parent or step-parent while you are under age eighteen including before you were born; or

(c) Getting credit for quarters earned by your spouse while you are married if you are still married to them or they are deceased.

(3) You cannot receive credit for a SSA work quarter after January 1, 1997 if you received TANF, nonemergency Medicaid, food stamps, or federal Basic Food benefits during the quarter.

(4) If you apply for TANF, nonemergency Medicaid, or Basic Food benefits during your fortieth quarter and you earned enough money to qualify for the quarter before you applied for benefits, you get credit for that quarter.

(5) You can get ((federal)) federally-funded Basic Food ((stamp)) benefits for up to six months while we wait for verification of your eligibility if you or the department:

(a) Asked SSA for proof of your work quarters, SSA responded that you have less than forty quarters, and you provide proof that SSA is making an investigation to decide if they can credit you with more quarters; or

(b) Turned in a request to a federal agency for proof that you meet immigrant eligibility requirements for ((federal)) federally-funded Basic Food ((stamp)) benefits. If you requested this proof, you must provide proof that the agency has accepted this request.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and H.R. 2646 Farm Security and Rural Investment Act of 2002. 02-22-046, 388-424-0020, filed 10/30/02, effective 12/1/02. Statutory Authority: RCW 74.04.510, S. 1150, the Agricultural Research, Extension, and Education Reform Act of 1998. 99-01-058, 388-424-0020, filed 12/11/98, effective 1/11/99. 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.]


AMENDATORY SECTION(Amending WSR 00-13-036, filed 6/13/00, effective 7/14/00)

WAC 388-424-0025   ((Citizenship and)) How does my alien status((--)) impact my eligibility ((requirements for the)) for state-funded benefits under the Washington Basic Food ((assistance)) Program ((for legal immigrants.))?   To receive state-funded benefits under ((the)) Washington Basic Food ((assistance program (FAP) for legal immigrants)) Program (Basic Food), you must be one of the following:

(1) A qualified alien, as defined in WAC 388-424-0005, who ((cannot receive federal food stamps because of)) does not meet the eligibility ((restrictions described in)) requirements under WAC 388-424-0020 to receive federally-funded Basic Food benefits; or

(2) An alien who does not meet the definition of a qualified alien as defined in WAC 388-424-0005 but who is:

(a) Allowed to enter the U.S. for permanent residence by permission of the U.S. Attorney General under section 249 of the Immigration and Nationality Act (INA); or

(b) Admitted for temporary residence under section 245A of the INA and is aged, blind, or disabled as described in Title XVI of the Social Security Act; or

(c) Granted temporary resident status by the Immigration and Naturalization Service (INS) as a special agricultural worker under section 210 of the INA; or

(d) Granted Family Unity status by the INS and the alien's spouse or parent is eligible to ((participate in FAP or the federal food stamp program)) receive federal- or state-funded Basic Food benefits; or

(e) Permanently Residing Under Color of Law (PRUCOL) in the United States as defined in WAC 388-424-0005(4).

[Statutory Authority: RCW 74.08A.120. 00-13-036, 388-424-0025, filed 6/13/00, effective 7/14/00. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-424-0025, filed 7/31/98, effective 9/1/98. Formerly WAC 388-518-1805.]

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