WSR 17-09-029
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
[Filed April 12, 2017, 3:11 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-05-101.
Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-492-0070 How are my WASHCAP food benefits calculated?, in order to increase the high shelter standard from $400 to $425.
Hearing Location(s): Office Building 2, Department of Social and Health Services (DSHS) Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/sesa/rules-and-policies-assistance-unit/driving-directions-office-bldg-2), on May 23, 2017, at 10:00 a.m.
Date of Intended Adoption: Not earlier than May 24, 2017.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., May 23, 2017.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, by May 9, 2017, phone (360) 664-6092, TTY (360) 664-6178, or email KildaJA@dshs.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: As required by the demonstration project waiver with the United States Department of Agriculture, Food and Nutrition Service (FNS), the department reviewed the cost neutrality between the Washington state combined application project (WASHCAP) and basic food. Based on the findings of this evaluation, the department is amending WAC 388-492-0070 to ensure that WASHCAP benefits are cost neutral to the supplemental nutrition assistance program (SNAP).
Reasons Supporting Proposal: FNS enforces the provisions of the federal SNAP as enacted in the 2008 Food and Nutrition Act and codified in the Code of Federal Regulations. The department develops amendments to WASHCAP rules that are consistent with the act, federal regulations, and our approved WASHCAP demonstration project waiver while ensuring cost neutrality of the program.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.500, 74.04.510, 74.08.090, and 7 C.F.R. 282.1.
Statute Being Implemented: 7 C.F.R. 273.1(a).
Rule is necessary because of federal law, 7 C.F.R. 273.1(a).
Name of Proponent: DSHS, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Holly St. John, P.O. Box 45470, Olympia, WA 98504, (360) 725-4895.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule does not have an economic impact on small businesses or nonprofits. It only impacts DSHS clients.
A cost-benefit analysis is not required under RCW 34.05.328. These amendments are exempt as allowed under RCW 34.05.328 (5)(b)(vii) which states in part, "this 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."
April 10, 2017
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 16-24-034, filed 11/30/16, effective 12/31/16)
WAC 388-492-0070 How are my WASHCAP food benefits calculated?
We calculate your Washington state combined application project (WASHCAP) food benefits as follows:
(1) We begin with your gross income.
(2) We subtract the current standard deduction for one person under WAC 388-450-0185 from your gross income to get your countable income.
(3) We figure your shelter cost based on information we receive from the Social Security Administration (SSA) unless you report a change as described under WAC 388-492-0080.
(a) If you pay three hundred twenty dollars or more a month for shelter, we use four hundred twenty-five dollars as your shelter cost.
(b) If you pay less than three hundred twenty dollars a month for shelter, we use two hundred and thirty-five dollars as your shelter cost.
(c) We add the current standard utility allowance under WAC 388-450-0195 to the shelter cost we use under either ((subsection (3)))(a) or (b) of this ((section)) subsection to determine your total shelter cost.
(4) We figure your shelter deduction by subtracting one half of your countable income from your total shelter cost under subsection (3)(c) of this section.
(5) We figure your net income by subtracting your shelter deduction from your countable income and rounding the resulting figure up from fifty cents and down from forty-nine cents to the nearest whole dollar.
(6) We figure your WASHCAP food benefits (allotment) by:
(a) Multiplying your net income by thirty percent and rounding up to the next whole dollar; and
(b) Subtracting the result from the maximum allotment under WAC 388-478-0060.
(7) If you are eligible for WASHCAP, you will get at least the minimum monthly benefit for basic food under WAC 388-412-0015.