WSR 00-11-035

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed May 10, 2000, 11:20 a.m. , effective August 1, 2000 ]

Date of Adoption: May 10, 2000.

Purpose: WAC 388-414-0001, this food assistance eligibility rule explains categorical eligibility and describes what types of households are categorically eligible for food assistance.

Citation of Existing Rules Affected by this Order: Amending WAC 388-414-0001.

Statutory Authority for Adoption: RCW 74.08.090, 74.04.510.

Adopted under notice filed as WSR 00-07-076 on March 14, 2000.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0. Effective Date of Rule: August 1, 2000.

May 10, 2000

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

2696.3
AMENDATORY SECTION(Amending WSR 98-16-044, filed 7/31/98, effective 9/1/98)

WAC 388-414-0001
Some food assistance ((categorical)) households do not have to meet all eligibility requirements.

(1) ((A food assistance unit is categorically eligible (CE) to receive food benefits when all members are authorized to receive a cash benefit under any of the following cash programs:

(a) Temporary assistance for needy families (TANF);

(b) State family assistance (SFA);

(c) Supplemental Security Income (SSI); or

(d) General assistance cash programs.

(2) Some food assistance units are not categorically eligible to receive food benefits even after meeting the requirements in subsection (1) of this section. Categorical eligibility does not happen when the entire assistance unit or any member of the unit fits into the following situations:

(a) The entire food assistance unit is:

(i) Living in an institution;

(ii) Disqualified from receiving food assistance for any reason; or

(iii) Terminated from food assistance because of failure to meet monthly reporting requirements.

(b) Any member of the food assistance unit is:

(i) Disqualified from food assistance for an intentional program violation (IPV);

(ii) Disqualified from food assistance because of failure to meet work registration requirements;

(iii) Not eligible for food assistance because of their alien or student status; or

(iv) Receiving SSI as an essential person or an ineligible spouse, not eligible for SSI on their own behalf.

(3) A categorically eligible assistance unit has already met cash eligibility requirements. Some requirements are similar for food assistance. A food assistance unit determined to be categorically eligible does not have to meet food assistance eligibility requirements regarding:

(a) Residency;

(b) Social security number;

(c) Sponsored alien;

(d) Resources; and

(e) The gross and net income standards)) What is "categorical eligibility"?

Some food assistance households do not have to meet all of the eligibility requirements for food assistance. The department calls this categorical eligibility. Categorically eligible households have already met these requirements for another program:

(a) Resources;

(b) Gross and net income standards; and

(c) Residency.

(2) Who is categorically eligible for food assistance?

Your household is categorically eligible when

(a) All members of your household are getting general assistance (GA) cash benefits;

(b) All members of your household are getting Supplemental Security Income (SSI) on their own behalf;

(c) All members of your household are getting either GA or SSI on their own behalf; or

(d) Some members of your household are authorized to receive payments or services from the following programs and you all benefit from the assistance:

(i) Temporary assistance for needy families (TANF) cash assistance;

(ii) State family assistance (SFA);

(iii) Diversion cash assistance (DCA) for the month you receive assistance and the three following months; or

(iv) TANF post-employment services (as defined in WAC 388-310-1800) as long as your assistance unit meets TANF resource requirements.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-414-0001, filed 7/31/98, effective 9/1/98.]

Washington State Code Reviser's Office