Date of Adoption: July 10, 2000.

Purpose: This revision was done to meet the requirements for the WAC migration of Title 388 WAC. The rules for GAU eligibility requirements from WAC 388-235-1500 and 388-235-9000 were incorporated into this revised WAC 388-400-0025.

Citation of Existing Rules Affected by this Order: Amending WAC 388-400-0025 General eligibility requirements of the GAU program.

Statutory Authority for Adoption: RCW 74.04.057, 74.08.090.

Adopted under notice filed as WSR 00-11-128 on May 22, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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

July 10, 2000

Edith M. Rice, Chief

Office of Legal Affairs

(1) ((To be eligible for)) You can get general assistance ((-)) unemployable (GA((-))U)((, a person must)) benefits if:

     (a) ((Be)) You are incapacitated as required under WAC ((388-235-5000)) 388-448-0010 through ((388-235-6000)) 388-448-0120;

     (b) ((Meet the age requirement of WAC 388-404-0010)) You are at least eighteen years old or, if under eighteen, a member of a married couple;

     (c) ((Be)) You are in financial need according to GA((-))U income and ((temporary assistance for needy families (TANF))) resource rules in chapters 388-450, 388-470 and 388-488 WAC;

     (d) You meet the general assistance citizenship/alien status requirements under WAC 388-424-0005(3);

     (e) You provide a Social Security number as required under WAC 388-476-0005;

     (f) You reside in the state of Washington as required under WAC 388-468-0005;

     (g) You undergo a treatment and referral assessment as provided under WAC ((388-235-7000)) 388-448-0130 through ((388-235-7600)) 388-448-0150;

     (h) You assign interim assistance as provided under WAC ((388-235-9200 and 388-235-9300;

     (i) Not be eligible for or receiving benefits from other programs as specified under WAC 388-235-9000)) 388-448-0210.

     (2) You cannot get GAU benefits if:

     (a) You are eligible for temporary assistance for needy families (TANF) benefits;

     (b) You are eligible for state family assistance (SFA) benefits unless you are not eligible under WAC 388-400-0010;

     (c) You have the ability to, but refuse to meet a TANF or SFA eligibility rule;

     (d) You are eligible for Supplemental Security Income (SSI) benefits;

     (e) You are an ineligible spouse of an SSI recipient; or

     (f) You were denied benefits or your benefits were terminated by the Social Security Administration (SSA) for failing to follow a SSI program rule or application requirement.

     (3) The assistance unit ((for a person applying for or receiving GA-U)) will be established according to WAC 388-408-0010.

     (((3) A person in an institution may be eligible for GA-U as specified under WAC 388-235-1500))

     (4) You may be eligible for GAU if you reside in a public institution. A "public institution" is an institution that is supported by public funds, and a governmental unit either is responsible for it or exercises administrative control over it. Your eligibility will depend upon the type of institution you are in.

     (a) If you reside in a public institution and are otherwise eligible for GAU, you may be eligible for general assistance if you are:

     (i) A patient in a public medical institution; or

     (ii) A patient in a public mental institution and are:

     (A) Sixty-five years of age or older; or

     (B) Twenty years of age or younger.

     (b) You are not eligible for GAU when you are in the custody of or confined in a public institution such as a state penitentiary or county jail including placement:

     (i) In a work release program; or

     (ii) Outside of the institution.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090.      98-16-044, § 388-400-0025, filed 7/31/98, effective 9/1/98.]

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