WSR 16-20-057 EMERGENCY RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Economic Services Administration) [Filed September 30, 2016, 12:18 p.m., effective October 1, 2016] Effective Date of Rule: October 1, 2016.
Purpose: The department is amending WAC 388-400-0047 Am I eligible for the heat and eat program?, the department proposes adding the Washington combined application project (WASHCAP) population to the heat and eat program to be consistent with federal requirements for the low income energy assistance program under the WASHCAP project renewal.
Citation of Existing Rules Affected by this Order: Amending WAC 388-400-0047.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.04.515, 74.08.090, 74.04.500, 74.08A.010, 74.08A.903, Food and Nutrition Act of 2008 (P.L. 110-246, 7 U.S.C.) as amended by P.L. 113-79.
Other Authority: RCW 74.08A.120.
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.
Reasons for this Finding: Changes proposed under this filing are expected to impact benefits for certain households receiving the Washington basic food program and the state-funded food assistance program (FAP) for legal immigrants.
Under RCW 74.08A.120, rules for FAP shall follow exactly the rules of the federal food stamp program except for the provisions pertaining to immigrant status.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: September 27, 2016.
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 14-22-076, filed 11/3/14, effective 1/1/15)
WAC 388-400-0047 ((Am I eligible for)) What is the heat and eat program and are you eligible?
(1) What is the heat and eat program?
(a) The heat and eat program is a special energy assistance program for certain assistance units ((receiving)) that receive basic food, Washington combined application project (WASHCAP), or the food assistance program for legal immigrants (FAP).
(b) An assistance unit (AU) in heat and eat program receives up to (($20.01)) twenty dollars and one cent in federal low income home energy assistance program (LIHEAP) benefits. This LIHEAP benefit makes the AU eligible for the standard utility allowance under WAC 388-450-0195 for twelve months.
(2) If you receive WASHCAP, you will get LIHEAP and your AU is eligible for the standard utility allowance under WAC 388-450-0195 for twelve months.
(3) Is ((my)) your assistance unit eligible for heat and eat?
Your AU is eligible for heat and eat if you meet all of the following:
(a) You receive at least (($1)) one dollar in basic food or FAP benefits((,)) prior to any recoupments;
(b) ((You do not receive WASHCAP;
(c))) You do not receive transitional food assistance (TFA);
(((d))) (c) You are not eligible for the standard utility allowance (SUA) under WAC 388-450-0195 based on having out of pocket costs for heating or cooling;
(((e))) (d) You have not received a regular LIHEAP benefit amount of more than twenty dollars in the past twelve months; and
(((f))) (e) You do not receive the maximum allotment for your AU size under WAC 388-478-0060 without using the SUA.
(((3))) (4) How do ((I)) you receive heat and eat?
(a) If you are eligible for heat and eat, we deposit the benefit on your EBT card.
(b) The heat and eat benefit is good for twelve months.
(c) After twelve months, we look at your circumstances to see if you are still eligible for heat and eat.
(((4))) (5) How do ((I)) you apply for heat and eat?
(a) You do not apply for heat and eat.
(b) We will determine if your AU is eligible to receive heat and eat and automatically provide the benefit to you ((the benefit)).
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