WSR 11-02-037

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed December 29, 2010, 1:54 p.m. , effective February 1, 2011 ]


     Effective Date of Rule: February 1, 2011.

     Purpose: The department is amending WAC 388-436-0015, 388-436-0020, and 388-436-0030, clarify that consolidated emergency assistance program (CEAP) is a program of last resort, available when the applicant is not eligible to receive benefits from other state or federal programs. The amendments also clarify that the department can issue CEAP benefits to families terminated from TANF/SFA for noncompliance, but who are currently reapplying for TANF and participating in the four week requirement.

     Finally, the amendments clarify that the department may discontinue the program benefit issuances during periods of time if allocated CEAP program funds are exhausted.

     Citation of Existing Rules Affected by this Order: Amending 388-436-0015, 388-436-0020, and 388-436-0030.

     Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and 74.04.660.

      Adopted under notice filed as WSR 10-19-132 on September 22, 2010, and WSR 10-23-111 on November 17, 2010.

     Changes Other than Editing from Proposed to Adopted Version: The text adopted contains the following changes:


     •     WAC 388-436-0015(5) clarifies that the department may discontinue program benefits issuances during periods of time when appropriated for the CEAP are exhausted.

     •     WAC 388-436-0030 clarifies that the intent of the rule is to determine CEAP eligibility after individuals are ineligible for other state or federal programs.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 3, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 3, Repealed 0.

     Date Adopted: December 28, 2010.

Katherine I. Vasquez

Rules Coordinator

4231.4
AMENDATORY SECTION(Amending WSR 07-07-103, filed 3/19/07, effective 4/19/07)

WAC 388-436-0015   Consolidated emergency assistance program (CEAP).   (1) CEAP is available to the following ((persons)):

     (a) A pregnant woman in any stage of pregnancy; or

     (b) Families with dependent children, including((, within available funds,)) families who have stopped receiving their TANF grant ((within the last six months)) under WAC 388-310-1600 so long as:

     (i) The dependent child is living with a parent or a relative of specified degree as defined under WAC 388-454-0010; or

     (ii) The dependent child has lived with such a relative within six months of the request for assistance.

     (2) Applicants must be residents of Washington state as defined in WAC 388-468-0005.

     (3) Applicants must demonstrate a financial need for emergency funds for one or more of the following basic requirements:

     (a) Food;

     (b) Shelter;

     (c) Clothing;

     (d) Minor medical care;

     (e) Utilities;

     (f) Household maintenance supplies;

     (g) Necessary clothing or transportation costs to accept or retain a job; or

     (h) Transportation for a minor, not in foster care, to a home where care will be provided by family members or approved caretakers.

     (4) Payment under this program is limited to ((not more than thirty consecutive days)) one time within ((a period of)) twelve consecutive months for a period covering no more than thirty consecutive days.

     (5) The department may discontinue program benefits issuances during periods of time when state funds appropriated for CEAP are exhausted.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. 07-07-103, § 388-436-0015, filed 3/19/07, effective 4/19/07. Statutory Authority: RCW 74.04.050, 74.04.055, and 74.04.057. 04-05-013, § 388-436-0015, 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, § 388-436-0015, filed 7/31/98, effective 9/1/98.]


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

WAC 388-436-0020   CEAP assistance unit composition.   (1) ((To be eligible for CEAP, a child must be living with:

     (a) A parent or a relative of specified degree as defined under WAC 388-454-0010; or

     (b) Has lived with such a relative within six months of the request for assistance.

     (2))) The following persons living in the household must be included as members of the CEAP assistance unit:

     (a) All full, half, or adopted siblings under eighteen years of age, including a minor parent; and

     (b) The parent, adoptive parent, or stepparent living with the child or children.

     (((3))) (2) The following persons living in the household do not have to be included but may be included as members at the option of the applicant:

     (a) One caretaker relative of specified degree when the child's parent does not live in the home;

     (b) Stepbrothers or stepsisters to all children in the assistance unit.

     (((4))) (3) The following persons may make up a CEAP assistance unit without including others living in the home:

     (a) The child of a parent who is a minor when the minor parent is not eligible due to the income and resources of his/her parents; or

     (b) A pregnant woman when no other child is in the home.

     (((5))) (4) The following persons living in the household are not included as members of the CEAP assistance unit:

     (a) A household member receiving Supplemental Security Income (SSI);

     (b) A household member ineligible due to reasons stated in WAC ((388-436-0025 and)) 388-436-0030.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-436-0020, filed 7/31/98, effective 9/1/98.]


AMENDATORY SECTION(Amending WSR 07-07-103, filed 3/19/07, effective 4/19/07)

WAC 388-436-0030   Eligibility for CEAP depends on other possible cash benefits.   (1) ((Before the department approves CEAP benefits, we must determine that all household members are ineligible for benefits from any of the following programs:

     (a) Temporary assistance for needy families (TANF) or state family assistance (SFA), unless the family has had its cash grant terminated under WAC 388-310-1600 within the last six months;

     (b) Refugee cash assistance (RCA);

     (c) Diversion cash assistance (DCA).

     (2) To receive CEAP, the applicant must take any required action to receive benefits from)) You are ineligible for CEAP if you, or a household member, are eligible for any of the following programs:

     (a) TANF or SFA, unless the family has had its case grant terminated ((under)) due to WAC 388-310-1600 within the last six months;

     (b) RCA;

     (c) Disability lifeline (DL);

     (d) Supplemental security income (SSI);

     (((d))) (e) Medical assistance for those applicants requesting help for a medical need;

     (((e))) (f) Food assistance for those applicants requesting help for a food need;

     (((f))) (g) Housing assistance from any available source for those applicants requesting help for a housing need;

     (((g))) (h) Unemployment compensation, veteran's benefits, industrial insurance benefits, Social Security benefits, pension benefits, or any other source of financial benefits the applicant is potentially eligible to receive.

     (2) The department may require the applicant, or anyone in the assistance unit, to apply for and take any required action to receive benefits from programs described in the above subsection (1)(a) through (h).

     (3) The department may not authorize CEAP benefits to any household containing a member who is:

     (a) Receiving cash benefits from any of the following programs:

     (i) TANF/SFA;

     (ii) RCA;

     (iii) DCA; or

     (iv) DL.

     (b) Receiving reduced cash benefits for failure to comply with program requirements of TANF/SFA, or RCA. ((This restriction does not apply to families who have stopped receiving TANF cash benefits under WAC 388-310-1600 within the last six months)).

     (4) The department may authorize CEAP to families reapplying for TANF/SFA who are not eligible for TANF cash benefits under WAC 388-310-1600 until they complete the four week participation requirement.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. 07-07-103, § 388-436-0030, filed 3/19/07, effective 4/19/07. Statutory Authority: RCW 74.04.660. 99-24-130, § 388-436-0030, filed 12/1/99, effective 1/1/00. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-436-0030, filed 7/31/98, effective 9/1/98.]

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