WSR 15-14-115
EMERGENCY RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
[Filed June 30, 2015, 5:09 p.m., effective July 1, 2015]
Effective Date of Rule: July 1, 2015.
Purpose: The amendments under this filing incorporate the benefit level for the state-funded food assistance program (FAP) for legal immigrants under the approved 2015-2016 biennial operating budget. RCW 74.08A.120 provides that the legislature shall set the benefit level for FAP in the biennial operating budget.
Citation of Existing Rules Affected by this Order: Amending WAC 388-400-0050.
Statutory Authority for Adoption: RCW 74.08A.120.
Other Authority: State of Washington 2015-2017 biennial operating budget (ESSB 6052, Section 207), passed the legislature and increased the funding for FAP to one hundred percent of the federal food benefit level beginning July 1, 2015.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest; and that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.
Reasons for this Finding: RCW 74.08A.120(3) states the legislature shall set the benefit level for the state FAP in the biennial operating budget. The 2015-2017 biennial budget (ESSB 6052) requires the department to provide state-funded FAP benefits at one hundred percent of the SNAP federal benefit level effective July 1. These benefits affect public health and safety.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: June 30, 2015.
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 14-02-037, filed 12/23/13, effective 1/23/14)
WAC 388-400-0050 If I am not eligible for federal benefits through Washington Basic Food program because of my alien status, can I receive benefits through the state-funded food assistance program?
(1) If you are not eligible for federally funded Basic Food benefits solely because you do not meet the alien status requirements under WAC 388-424-0020, you may be eligible for the state-funded food assistance program (FAP) if you meet both of the following requirements:
(a) You are a Washington state resident; and
(b) You meet the alien status requirements under WAC 388-424-0030.
(2) FAP follows the same eligibility rules as federally funded Basic Food except for rules related to alien status. A summary of the rules for Basic Food is found in WAC 388-400-0040.
(3) Benefits for FAP are set by the biennial state operating budget as described in RCW 74.08A.120(3). These benefits are calculated as described in subsections (4) and (5) of this section.
(4) If your assistance unit (AU) includes both people who are eligible for federally funded Basic Food benefits and people who are eligible for state-funded FAP benefits, we determine the amount of your federal and state food benefits by applying the following process:
(a) We calculate your AU's monthly benefits under WAC 388-450-0162 as if all the eligible persons in your AU could receive federally funded Basic Food benefits; and
(b) We then calculate your AU's monthly benefits under WAC 388-450-0162 for only the people in your AU who are eligible for federally funded benefits.
If (a) is more than (b)
If (b) is more than (a)
Your AU receives:
• Basic Food benefits in the amount calculated using step (b); and
• FAP benefits equal to ((three fourths)) the difference between (a) and (b), rounded down to the next whole dollar.
Your AU receives Basic Food benefits in the amount calculated using step (b).
(5) If your AU only includes persons eligible for FAP, we determine the amount of your state-funded FAP benefits by:
(a) Applying the calculation for Basic Food under WAC 388-450-0162 as if all the persons in your AU were eligible to receive Basic Food; and
(b) Issuing FAP benefits to your AU equal to ((three fourths)) the amount calculated in subsection (5)(a), rounded down to the next whole dollar.