WSR 08-21-134

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

[ Filed October 20, 2008, 12:26 p.m. , effective October 28, 2008 ]


Effective Date of Rule: October 28, 2008.

Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: The emergency WAC (filed as WSR 08-14-103 on June 30, 2008) for WAC 388-478-0005 expires on October 28, 2008. Under RCW 34.05.380(3), the department is requesting that the permanent rule take effect on October 28, 2008, which is less than the standard thirty-one days. State law, ESHB 2687 section 207 (1)(e), required the department to increase the temporary assistance for needy families (TANF) grant amounts effective July 1, 2008. State family assistance (SFA) and refugee cash assistance (RCA) use the same grant standards as TANF, which is supported by C.F.R. Title 45, Volume 2, Chapter IV, Part 400, section 400.60, RCW 74.08A.100 and 74.04.770.

An earlier effective date keeps the department in compliance with state law and supports families by maintaining the increased grant amount. In addition, the earlier effective date means the department does not have to file a second emergency in order to cover the period that the permanent WAC is filed, but not in effect.

Purpose: The department is amending by permanent adoption WAC 388-478-0005 Cash assistance need and payment standards and grant maximum. The amendments comply with ESHB 2687 section 207 (1)(e) requiring a 3% increase in the payment standards for temporary assistance for needy families (TANF).

Citation of Existing Rules Affected by this Order: Amending WAC 388-478-0005.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.08A.100, 74.04.770, and 74.08.090.

Other Authority: ESHB 2687, section 207 (1)(e).

Adopted under notice filed as WSR 08-17-108 on August 20, 2008.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: October 15, 2008.

Stephanie E. Schiller

Rules Coordinator

3998.1
AMENDATORY SECTION(Amending WSR 04-05-010, filed 2/6/04, effective 3/8/04)

WAC 388-478-0005   Cash assistance need and payment standards and grant maximum.   (1) Need standards for cash assistance programs represent the amount of income required by individuals and families to maintain a minimum and adequate standard of living. Need standards are based on assistance unit size and include basic requirements for food, clothing, shelter, energy costs, transportation, household maintenance and operations, personal maintenance, and necessary incidentals.

(2) Payment standards for assistance units in medical institutions and other facilities are based on the need for clothing, personal maintenance, and necessary incidentals (see WAC 388-478-0040 and 388-478-0045).

(3) Need and payment standards for persons and families who do not reside in medical institutions and other facilities are based on their obligation to pay for shelter.

(a) Eligibility and benefit levels for persons and families who meet the requirements in WAC 388-478-0010 are determined using standards for assistance units with an obligation to pay shelter costs.

(b) Eligibility and benefit levels for all other persons and families are determined using standards for assistance units who have shelter provided at no cost.

(c) For recent arrivals to Washington state who apply for temporary assistance for needy families (TANF), see WAC 388-468-0005.

(4) The monthly grant for an assistance unit containing eight or more persons cannot exceed the grant maximum ((of one thousand seventy-five dollars)) payment standard for a family of eight listed in WAC 388-478-0020(1).

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057. 04-05-010, 388-478-0005, filed 2/6/04, effective 3/8/04. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-478-0005, filed 7/31/98, effective 9/1/98.]

Washington State Code Reviser's Office