Preproposal statement of inquiry was filed as WSR 97-20-120.

Title of Rule: WAC 388-400-0045 Food assistance program, and 388-436-0050 Determining financial need and benefit amount for CEAP.

Purpose: Both of these rules are part of the rewrite undertaken by the program simplification team to consolidate and simplify program and eligibility requirements for cash, food, and medical assistance to comply with criteria in the Governor's Executive Order 97-02.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.090.

Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.090.

Summary: WAC 388-400-0045, summarizes the program requirements for a client to apply for and receive benefits under the food assistance program (FAP). WAC 388-436-0050, sets the eligibility standards for clients to receive benefits under the cash emergency assistance program.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Roxie Schalliol, 14th and Jefferson, Mailstop 45070, Olympia, 98504, (360) 902-7791.

Name of Proponent: Department of Social and Health Services, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: These rules are part of the rewrite undertaken by the program simplification team to consolidate and simplify program and eligibility requirements for cash, food, and medical assistance to comply with criteria in the Governor's Executive Order 97-02. WAC 388-400-0045, summarizes the program requirements for a client to apply for and receive benefits under the food assistance program (FAP). WAC 388-436-0050, sets the eligibility standards for clients to receive benefits under the cash emergency assistance program.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not affect businesses

RCW 34.05.328 does not apply to this rule adoption. This rule is not considered a significant rule because it does not change existing policy.

Hearing Location: There will be two hearings held on July 21, 1998, one in Olympia and one in Spokane. Maps and/or directions are available for both locations.

Olympia Hearing: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, at 10:00 a.m.

Spokane Hearing: DSHS/DDD-Field Services, West 1611 Indiana, Training Room, Spokane, WA 99205, at 1:00 p.m.

Assistance for Persons with Disabilities: Contact Paige Wall by July 12, 1998, phone (360) 902-7540, TTY (360) 902-8324, e-mail pwall@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, Paige Wall, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, FAX (360) 902-8292, by July 21, 1998.

Date of Intended Adoption: July 28, 1998.

June 15, 1998

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

NEW SECTION

WAC 388-400-0045  Food assistance program for legal immigrants (FAP)--General eligibility requirements. (1) A legal immigrant meets alien status eligibility for the state-funded food assistance program if the immigrant:

(a) Meets those alien status requirements of the Food Stamp Act of 1977 in effect prior to August 22, 1996;

(b) Is not eligible for federal food stamps solely due to the immigrant provisions of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, P.L. 104-193, as amended. The immigrant must meet alien status rules under WAC 388-424-0025.

(2) FAP provides the same amount of benefits as the federal food stamp program. Some assistance units may receive a combined benefit of both state and federal food stamps. Food assistance benefit levels are found in WAC 388-478-0060.

(3) FAP follows the same eligibility rules, except for alien status, as the federal food stamp program. The federal food stamp program summary is found in WAC 388-400-0040.

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NEW SECTION

WAC 388-436-0050  Determining financial need and benefit amount for CEAP. (1) To be eligible for CEAP assistance, the assistance unit's nonexcluded income, minus allowable deductions, must be less than ninety percent of the TANF payment standard for households with shelter costs. The net income limit for CEAP assistance units is:

(2) The assistance unit's allowable amount of need is the lesser of:

(a) The TANF payment standard, based on assistance unit size, for households with shelter costs as specified under WAC 388-478-0020; or

(b) The assistance unit's actual emergent need, not to exceed maximum allowable amounts, for the following items:

Need Item: Maximum allowable amount by assistance unit size: