WSR 04-10-098



(Economic Services Administration)

[ Filed May 4, 2004, 3:26 p.m. ]

Original Notice.

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

Title of Rule: WAC 388-414-0001 Do I have to meet all eligibility requirements for Basic Food?

Purpose: Amend WAC 388-414-0001 to be consistent with the department's use of categorical eligibility for the Washington Basic Food program and to amend the rule to be consistent with eligibility requirements for persons convicted of a drug-related felony as directed by the legislature under SB 6411 (chapter 24 [54], Laws of 2004).

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, SB 6411 (chapter 24 [54], Laws of 2004).

Summary: This rule explains how clients who are eligible for benefits in another program may not have to meet all eligibility requirements to receive Basic Food. It also explains which clients cannot be considered categorically eligible for Basic Food.

Reasons Supporting Proposal: The proposed amendments are necessary to be consistent with federal regulations for the food stamp program and extend categorical eligibility status to individuals and families who are not over the gross income standard for the Washington Basic Food program.

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. Part 273 - 273.2(j).

Explanation of Rule, its Purpose, and Anticipated Effects: See Title of Rule above.

Purpose and Effect: See Purpose, Summary, and Reasons Supporting Proposal above.

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

This rule is being proposed without prior filing of a CR-101 preproposal statement of inquiry. A CR-101 is not required for rules that adopt without material change federal statutes or regulations or state statutes. The proposed rules adopt federal language contained in 7 C.F.R. 273.2(j) and delete language to be consistent with chapter 24, Laws of 2004.

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.

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 financial eligibility requirements mandated by Title 7 of the Code of Federal Regulations Part 273, 273.2(j) regarding categorical eligibility status for food stamp benefits well as requirements under state law regarding eligibility for persons convicted of a drug-related felony. The department also applies federal food stamp requirements other than citizenship and alien status for the state-funded portion of the Basic Food program.

Hearing Location: Lacey Government Center, Room 104-B, 1009 College Street S.E., Lacey, WA 98503, on June 10, 2004, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by June 3, 2004, phone (360) 664-6094, TTY (360) 664-6178, e-mail

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, by 5:00 p.m., June 10, 2004.

Date of Intended Adoption: No earlier than June 11, 2004.

April 30, 2004

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

AMENDATORY SECTION(Amending WSR 04-07-139, filed 3/22/04, effective 5/1/04)

WAC 388-414-0001   Do I have to meet all eligibility requirements for Basic Food?   (1) What is "categorical eligibility" (CE)?

(a) Categorical eligibility (CE) means that you have already met requirements for a program. If you are CE, you do not have to meet every program requirement to be eligible for Basic Food. If your assistance unit (AU) is CE, you automatically meet the following requirements for Basic Food:

(i) Countable resource limit under WAC 388-470-0005;

(ii) Maximum gross monthly income under WAC 388-478-0060; and

(iii) Maximum net monthly income under WAC 388-478-0060.

(b) Being CE does not mean that your AU is guaranteed to get Basic Food benefits. If your AU is CE:

(i) You must still meet the other Basic Food program requirements under WAC 388-400-0040; and

(ii) If you meet the other program requirements, we must budget your AU's income to determine the amount of benefits your AU will receive.

(2) Who is categorically eligible for Basic Food?

Your Basic Food AU is CE when:

(a) Every member of your AU gets either general assistance (GA), Alcohol and Drug Abuse Treatment Support Act (ADATSA), or Supplemental Security Income (SSI) cash benefits on their own behalf;

(b) Any member of your AU gets or is authorized to get payments from the following programs because we have determined that the entire AU benefits from someone receiving the assistance:

(i) Temporary assistance for needy families (TANF) cash assistance;

(ii) State family assistance (SFA); or

(iii) Diversion cash assistance (DCA). You are CE for the month you receive DCA and the three following months as long as you have one adult relative caretaker with a dependent child in the Basic Food AU.

(c) Your AU's income that we don't exclude under WAC 388-450-0015 is not over the maximum gross monthly income under WAC 388-478-0060. If your income is not over the gross monthly income limit, we provide your AU information about department programs and referral to resources in the community.

(3) Who is not CE even if my AU meets the above criteria?

(a) Even if your AU is CE, members of your AU are not eligible for Basic Food if they:

(i) Are not eligible because of their alien or student status;

(ii) Were disqualified from Basic Food under WAC 388-444-0055 for failing work requirements;

(iii) Are not eligible for failing to provide or apply for a Social Security number;

(iv) Receive SSI in a cash-out state (state where SSI payments are increased to include the value of the client's food stamp allotment); or

(v) Live in an institution not eligible for Basic Food under WAC 388-408-0040.

(b) If a person in your AU is not eligible for Basic Food, we do not include them as an eligible member of your CE AU.

(c) Your AU is not CE if:

(i) Your AU is not eligible because of striker requirements under WAC 388-480-0001;

(ii) Your AU is ineligible for knowingly transferring countable resources in order to qualify for benefits under WAC 388-488-0010;

(iii) Your AU refused to cooperate in providing information that is needed to determine your eligibility;

(iv) The head of household for your AU failed to meet work requirements; or

(v) Anyone in your AU is disqualified because of an intentional program violation under WAC 388-446-0015((; or

(vi) Anyone in your AU is ineligible for Basic Food under WAC 388-442-0010 because of a conviction for a drug-related felony)).

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510. 04-07-139, 388-414-0001, filed 3/22/04, effective 5/1/04. Statutory Authority: RCW 74.08.090, 74.04.510. 01-07-054, 388-414-0001, filed 3/16/01, effective 3/29/01; 00-11-035, 388-414-0001, filed 5/10/00, effective 8/1/00. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-414-0001, filed 7/31/98, effective 9/1/98.]

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