WSR 04-04-075

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed February 2, 2004, 4:06 p.m. ]

Original Notice.

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

Title of Rule: WAC 388-450-0190 How does the department figure my shelter cost income deduction for Basic Food?

Purpose: The Division of Employment and Assistance Programs is amending the rule to be consistent with a change in federal requirements related to the excess shelter deduction for Basic Food.

Other Identifying Information: The proposed rule is exempt from filing a CR-101 preproposal statement of inquiry under RCW 34.05.310 (4)(c), exempting "Rules adopting or incorporating without material change federal statutes or regulations..." See Rule is Necessary and RCW 34.05.328 Applies to This Section below.

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

Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510.

Summary: The amended rule explains how the department determines a client's excess shelter deduction for WASHCAP and the Washington Basic Food program.

Reasons Supporting Proposal: The United States Department of Agriculture, Food and Nutrition Services (FNS) publishes requirements for the food stamp program in the United States Code of Federal Regulations and also provides administrative guidance through FNS Administrative Notices. This revision is necessary to meet with program requirements outlined in FNS administrative notice 04-07 regarding the excess shelter deduction. The department must revise WAC 388-450-0190 to be consistent with this requirement.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: John Camp, 1009 College S.E., Lacey, WA 98504, (360) 413-3232.

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

Rule is necessary because of federal law, Title 7 of the Code of Federal Regulations 273.9 (d)(6) and USDA notice FSP-AN 04-07.

Explanation of Rule, its Purpose, and Anticipated Effects: See Title of Rule, Purpose, Summary, and Reasons Supporting Proposal above.

Proposal Changes the Following Existing Rules: See Purpose, Summary, and Reasons Supporting Proposal above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposed rule does not have an economic impact on small businesses; it only affects DSHS clients by setting requirements on how the department determines the excess shelter deduction. This deduction is used when calculating benefits for Basic Food and WASHCAP benefits.

RCW 34.05.328 does not apply to this rule adoption. These amendments are exempt as allowed under RCW 34.05.328 (5)(b)(vii) which states in-part, "[t]his section does not apply to...rules of the department of social and health services relating only to client medical or financial eligibility and rules concerning liability for care of dependents." This rule adopts federal requirements mandated by Title 7 of the Code of Federal Regulations Part 273, 273.9 (d)(6) as well as AN 04-07 for federal food stamp benefits. The department uses the same requirements for Basic Food and WASHCAP.

Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on March 9, 2004, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by March 5, 2004, phone (360) 664-6094, TTY (360) 664-6178, e-mail FernAX@dshs.wa.gov [fernaax@dshs.wa.gov].

Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, mail to P.O. Box 45850, Olympia, WA 98504-5850, deliver to 4500 10th Avenue S.E., Lacey, WA, fax (360) 664-6185, e-mail fernaax@dshs.wa.gov, by 5:00 p.m., March 9, 2004.

Date of Intended Adoption: Not earlier than March 10, 2004.

January 28, 2004

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3359.1
AMENDATORY SECTION(Amending WSR 03-21-030, filed 10/7/03, effective 12/1/03)

WAC 388-450-0190   How does the department figure my shelter cost income deduction for basic food?   The department calculates your shelter cost income deduction as follows:

(1) First, we add up the amounts your assistance unit (AU) must pay each month for shelter. We do not count any overdue amounts, late fees, penalties or any amount you pay ahead of time as an allowable cost. We count the following expenses as an allowable shelter cost in the month the expense is due:

(a) ((Ongoing)) Monthly rent, lease, and mortgage payments;

(b) Property taxes;

(c) Homeowner's association or condo fees;

(d) Homeowner's insurance for the building only;

(e) Utility allowance your AU is eligible for under WAC 388-450-0195;

(f) Out-of-pocket repairs for the home if it was substantially damaged or destroyed due to a natural disaster such as a fire or flood;

(g) Expense of a temporarily unoccupied home because of employment, training away from the home, illness, or abandonment caused by a natural disaster or casualty loss if your:

(i) AU intends to return to the home;

(ii) AU has current occupants who are not claiming the shelter costs for Basic Food purposes; and

(iii) AU's home is not being leased or rented during your AU's absence.

(2) Second, we subtract all deductions your AU is eligible for under WAC 388-450-0185 (1) through (5) from your AU's gross income. The result is your AU's net income.

(3) Finally, we subtract one-half of your AU's net income from your AU's total shelter costs. The result is your excess shelter costs. Your AU's shelter cost deduction is the excess shelter costs:

(a) Up to a maximum of three hundred seventy-eight dollars if no one in your AU is elderly or disabled and you were found eligible for benefits or were recertified for benefits either on or after March 1, 2001; or

(b) The entire amount if someone in your AU is elderly or disabled, even if the amount is over three hundred seventy-eight dollars.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510. 03-21-030, 388-450-0190, filed 10/7/03, effective 12/1/03. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. 02-22-045, 388-450-0190, filed 10/30/02, effective 12/1/02. Statutory Authority: RCW 74.04.057, 74.04.500, 74.04.510. 01-21-059, 388-450-0190, filed 10/16/01, effective 12/1/01. Statutory Authority: RCW 74.08.090 and 74.04.510. 01-06-030, 388-450-0190, filed 3/2/01, effective 4/2/01; 99-16-024, 388-450-0190, filed 7/26/99, effective 9/1/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-450-0190, filed 7/31/98, effective 9/1/98.]

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