Date of Adoption: July 12, 2001.

Purpose: Treats licensed vehicles as inaccessible resources by excluding those with an equity value of no more than $1500. If a vehicle is not excluded, then we count the fair market value greater than $4650 toward the resource limit for (a) one vehicle for each adult household member no matter how the vehicle is used; and (b) any vehicle a household member under age eighteen uses to drive to work, school, training, or to look for work.

Citation of Existing Rules Affected by this Order: Amending WAC 388-470-0075.

Statutory Authority for Adoption: RCW 74.08.090 and 74.04.510.

Adopted under notice filed as WSR 01-12-069 on June 4, 2001.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: This change is required by federal law. If this change is not implemented timely, clients will lose needed benefits.
Effective Date of Rule: August 1, 2001.

July 12, 2001

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

(a) Used over fifty percent of the time for income-producing purposes such as a taxi, truck, or fishing boat. ((An excluded vehicle used by)) If you are a self-employed farmer or fisher ((retains its exclusion)) and your self-employment ends, we continue to exclude your vehicle for one year from the date ((the household member ends this)) you end your self-employment.

(b) Used to produce income ((annually)) each year that is consistent with its fair market value (FMV), even if used on a seasonal basis.

(c) Necessary for long-distance travel ((that is essential to)), other than daily commuting, for the employment of a((n assistance unit)) household member whose resources are considered available to the assistance unit((. Vehicles needed for daily commuting are not excluded under this provision)) (AU), such as an ineligible alien or disqualified person.

(d) ((Necessary)) Needed for hunting or fishing to support the household.

(e) Used as the ((assistance unit's)) AU's home.

(f) Used to carry fuel for heating or water for home use when this is the primary source of fuel or water for the ((assistance unit)) AU.

(g) Needed to transport a physically disabled ((household)) AU member, no matter if the disability is permanent or temporary.

(((2) The FMV in excess of four thousand six hundred fifty dollars is counted toward the assistance unit's resource limit for the following licensed vehicles if not excluded in subsection (1) above:

(a) One per assistance unit regardless of use;

(b) Used for transportation to and from work, training, or education; or

(c) Used for seeking employment))

(h) Likely to produce an equity value (FMV less what is owed on the vehicle) of no more than one thousand five hundred dollars.

(2) If your licensed vehicle is not excluded in subsection (1) above and the FMV is:

(a) Less than four thousand six hundred fifty dollars, we exclude each vehicle less than four thousand six hundred fifty dollars no matter how it is used;

(b) Greater than four thousand six hundred fifty dollars, we count the amount in excess of four thousand six hundred fifty dollars toward the resource limit for:

(i) One vehicle for each adult household member no matter how it is used; and

(ii) Any vehicle a household member under age eighteen uses to drive to work, school, training, or to look for work.

(3) ((For all)) If you have other licensed vehicles, we count the larger value of the following ((is counted)) toward the ((assistance unit's)) AU's resource limit:

(a) FMV ((in excess of four thousand six hundred fifty dollars)) greater than four thousand six hundred fifty dollars; or

(b) Equity value (FMV less what is owed on the vehicle).

(4) ((Unlicensed vehicles driven by tribal members on the reservation are treated like a licensed vehicle)) If you are a tribal member and drive an unlicensed vehicle on those reservations that don't require vehicle licensing, your vehicle will be treated like a licensed vehicle.

(5) For all other unlicensed vehicles we count the equity value ((is counted)) towards the ((assistance unit's)) AU's resource limit unless the vehicle is:

(a) Used to produce income ((annually)) each year that is consistent with its FMV, even if used on a seasonal basis; or

(b) Work-related equipment necessary for employment or self-employment of ((an assistance unit)) a household member.

(6) When excluding vehicles due to their equity value, we do not add up the values of multiple vehicles together. Each vehicle is evaluated separately and compared to your resource limit. For vehicles evaluated using the FMV test, we add the values of multiple vehicles together and compare the result to your resource limit.

[Statutory Authority: RCW 74.08.090 and 74.04.510. 99-16-024, 388-470-0075, filed 7/26/99, effective 9/1/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-470-0075, filed 7/31/98, effective 9/1/98.]

Washington State Code Reviser's Office