PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
Original Notice.
Preproposal statement of inquiry was filed as WSR 03-03-007 on January 6, 2003.
Title of Rule: WAC 388-424-0001, 388-424-0005, 388-424-0006, 388-424-0007, 388-424-0008, 388-424-0009, 388-424-0010, 388-424-0015, 388-424-0016, 388-424-0020, and 388-424-0025. See Explanation of Rule below for a list of WAC captions.
Purpose: These rule changes are necessary to conform to changes in federal law and to address gaps and ambiguities in the current rules.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090.
Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090.
Summary: These rule changes conform to changes in federal law, including the Victims of Trafficking and Violence Protection Act of 2000, the Battered Immigrant Women Protection Act of 2000, the Child Citizenship Act of 2000, and the Violence Against Women Act of 1994, and address gaps and ambiguities that have hindered correct and efficient eligibility determination by CSO staff.
Reasons Supporting Proposal: Current rules do not reflect recent changes in federal law, including the Victims of Trafficking and Violence Protection Act of 2000, the Battered Immigrant Women Protection Act of 2000, the Child Citizenship Act of 2000, and the Violence Against Women Act of 1994. Gaps and ambiguities in current rule have led to frequent requests for policy clarification from CSO staff.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Tom Berry, 1009 College S.E., Lacey, WA 98504, (360) 413-3102.
Name of Proponent: Department of Social and Health Services, governmental.
Rule is necessary because of federal law, 8 U.S.C. Section 1641(c) (Violence Against Women Act of 1994); 22 U.S.C. Section 7105(b) (Victims of Trafficking and Violence Protection Act of 2000); Public Law 106-386 Title V (Battered Immigrant Women Protection Act of 2000); Public Law 106-395 Title I (Child Citizenship Act of 2000).
Explanation of Rule, its Purpose, and Anticipated Effects: Rule: New sections WAC 388-424-0001 Citizenship and alien status--Definitions, 388-424-0006 Citizenship and alien status--Date of entry, 388-424-0007 Citizenship and alien status--Armed services or veteran status, 388-424-0008 Citizenship and alien status--Work quarters, 388-424-0009 Citizenship and alien status -- Social security number (SSN) requirements, and 388-424-0016 Citizenship and alien status--Immigrant eligibility restrictions for state medical benefits; repealing WAC 388-424-0005 The effect of citizenship and alien status on eligibility for benefits; and amending WAC 388-424-0010 Citizenship and alien status--Immigrant eligibility restrictions for TANF and medical benefits, including Medicaid and SCHIP, 388-424-0015 Citizenship and alien status -- Immigrant eligibility restrictions for the SFA, GA, and ADATSA programs, 388-424-0020 How does my alien status impact my eligibility for federally-funded Washington Basic Food program benefits?, and 388-424-0025 How does my alien status impact my eligibility for state-funded benefits under the Washington Basic Food program?
Purpose and Effect: See Purpose, Summary, and Reasons Supporting Proposal above.
Proposal Changes the Following Existing Rules: See Purpose, Summary, and Reasons Supporting Proposal above.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposed rule does not have an economic impact on small businesses, it only affects DSHS clients.
RCW 34.05.328 does not apply to this rule adoption. These amendments are exempt as allowed under RCW 34.05.328 (5)(b)(vii) which states in-part, "[t]his 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." The rules are also exempt under RCW 34.05.328 (5)(b)(v), which states in part, "[t]his section does not apply to rules adopting or incorporating by reference without material change federal statutes or regulations...". This rule adopts federal assistance eligibility standards contained in the Victims of Trafficking and Violence Prevention [Protection] Act of 2000 (22 U.S.C. Section 7105(b)), the Battered Immigrant Women Protection Act of 2000 (Public Law No. 106-386, Title V), the Violence Against Women Act of 1994 (8 U.S.C. Section 1641(c)), and the Child Citizenship Act of 2000 (P.L. 106-395, Title I).
Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on June 22, 2004, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by June 17, 2004, phone (360) 664-6094, TTY (360) 664-6178, e-mail FernAX@dshs.wa.gov [fernaax@dshs.wa.gov].
Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, mail to P.O. Box 45850, Olympia, WA 98504-5850, deliver to 4500 10th Avenue S.E., Lacey, WA, fax (360) 664-6185, e-mail fernaax@dshs.wa.gov, by 5:00 p.m., June 22, 2004.
Date of Intended Adoption: No earlier than June 23, 2004.
April 30, 2004
Brian H. Lindgren, Manager
Rules and Policies Assistance Unit
3387.5(1) They were born in Canada and are of fifty percent American Indian blood (but need not belong to a federally-recognized tribe); or
(2) They are members of a federally-recognized Indian tribe or Alaskan Native village or corporation.
"Hmong or Highland Lao." These are members of the Hmong or Highland Laotian tribe, which rendered military assistance to the U.S. during the Vietnam era (August 5, 1964 to May 7, 1975), and are "lawfully present" in the United States. This category also includes the spouse (including un-remarried widow or widower) or unmarried dependent child of such tribe members.
"Nonimmigrants." These individuals are allowed to enter the U.S. for a specific purpose, usually for a limited time. Examples include:
(1) Tourists,
(2) Students,
(3) Business visitors.
"PRUCOL" (Permanently residing under color of law) aliens. These are individuals who:
(1) Are not "qualified aliens" as described below; and
(2) Intend to reside indefinitely in the U.S.; and
(3) United States Citizenship and Immigration Services or USCIS (formerly the Immigration and Naturalization Service or INS) knows are residing in the U.S. and is not taking steps to enforce their departure.
"Qualified aliens." Federal law defines the following groups as "qualified aliens." All those not listed below are considered "nonqualified:"
(1) Abused spouses or children, parents of abused children, or children of abused spouses, who have either:
(a) A pending or approved I-130 petition or application to immigrate as an immediate relative of a U.S. citizen or as the spouse or unmarried son or daughter of a Lawful Permanent Resident (LPR) - see definition of LPR below; or
(b) A notice of "prima facie" approval of a pending self-petition under the Violence Against Women Act (VAWA); or
(c) Proof of a pending application for suspension of deportation or cancellation of removal under VAWA; and
(d) The alien no longer resides with the person who committed the abuse.
(e) Children of abused persons who meet the conditions above retain their "qualified alien" status even after they become adults.
(f) An abused person who has initiated a self-petition under VAWA but has not received notice of prima facie approval is not a "qualified alien" but is considered PRUCOL. An abused person who continues to reside with the person who committed the domestic violence is also PRUCOL. For a definition of PRUCOL, see above.
(2) Amerasians who were born to U.S. citizen armed services members in Southeast Asia during the Vietnam war.
(3) Individuals who have been granted asylum under Section 208 of the Immigration and Nationality Act (INA).
(4) Individuals who were admitted to the U.S. as conditional entrants under Section 203 (a)(7) of the INA prior to April 1, 1980.
(5) Cuban/Haitian entrants. These are nationals of Cuba or Haiti who were paroled into the U.S. or given other special status.
(6) Individuals who are lawful permanent residents (LPRs) under the INA.
(7) Persons who have been granted parole into the U.S. for at least a period of one year (or indefinitely) under Section 212 (d)(5) of the INA, including "public interest" parolees.
(8) Individuals who are admitted to the U.S. as refugees under Section 207 of the INA.
(9) Persons granted withholding of deportation or removal under Sections 243(h) (dated 1995) or 241 (b)(3) (dated 2003) of the INA.
"Undocumented aliens." These are persons who either:
(1) Entered the U.S. without inspection at the border, or
(2) Were lawfully admitted but have lost their status.
"U.S. citizens."
(1) The following individuals are considered to be citizens of the U.S.:
(a) Persons born in the U.S. or its territories (Guam, Puerto Rico, and the U.S. Virgin Islands; also residents of the Northern Mariana Islands who elected to become U.S. citizens); or
(b) Legal immigrants who have naturalized after immigrating to the U.S.
(2) Persons born abroad to at least one U.S. citizen parent may be U.S. citizens under certain conditions.
(3) Individuals under the age of eighteen automatically become citizens when they meet the following three conditions on or after February 27, 2001:
(a) The child is a lawful permanent resident (LPR);
(b) At least one of the parents is a U.S. citizen by birth or naturalization; and
(c) The child resides in the U.S. in the legal and physical custody of the citizen parent.
(4) For those individuals who turned eighteen before February 27, 2001, the child would automatically be a citizen if still under eighteen when he or she began lawful permanent residence in the U.S. and both parents had naturalized. Such a child could have derived citizenship when only one parent had naturalized if the other parent were dead, a U.S. citizen by birth, or the parents were legally separated and the naturalizing parent had custody.
"U.S. nationals." A U.S. national is a person who owes permanent allegiance to the U.S. and may enter and work in the U.S. without restriction. The following are the only persons classified as U.S. nationals:
(1) Persons born in American Samoa or Swain's Island after December 24, 1952; and
(2) Residents of the Northern Mariana Islands who did not elect to become U.S. citizens.
"Victims of trafficking." Victims of trafficking are adults or children who have been brought into the U.S. under conditions of prostitution, slavery, or forced labor. Under federal law, they are to be treated the same as refugees. Victims of trafficking must have been certified or had their eligibility approved by the federal Office of Refugee Resettlement (ORR) as a victim of trafficking under the Victims of Trafficking and Violence Protection Act of 2000.
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(2) A person who entered the U.S. prior to August 22, 1996 but became "qualified" on or after August 22, 1996, or who physically entered the U.S. on or after August 22, 1996 and who requires five years of residency to be eligible for federal Basic Food, can only count years of residence during which they were a "qualified alien."
(3) A person who physically entered the U.S. on or after August 22, 1996 is subject to the five-year bar on TANF, nonemergency Medicaid, and SCHIP unless exempt. The five-year bar starts on the date that "qualified" status is obtained.
(4) The following "qualified aliens," as defined in WAC 388-424-0001, are exempt from the five-year bar:
(a) Amerasian lawful permanent residents;
(b) Asylees;
(c) Conditional entrants;
(d) Cuban/Haitian entrants;
(e) Persons granted withholding of deportation or removal;
(f) Refugees;
(g) Victims of trafficking who have been certified or had their eligibility approved by the office of refugee resettlement (ORR);
(h) Lawful permanent residents, public interest parolees, or battered aliens, as defined in WAC 388-424-0001, who are also an armed services member or veteran as described in WAC 388-424-0007 or who meet the work quarters requirement described in WAC 388-424-0008.
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(a) On active duty in the U.S. military, other than active duty for training; or
(b) An honorably discharged U.S. veteran; or
(c) A veteran of the military forces of the Philippines who served prior to July 1, 1946, as described in Title 38, Section 107 of the U.S. Code; or
(d) The spouse, un-remarried widow or widower, or unmarried dependent child of a veteran or active duty service member.
(2) An immigrant as described in subsection (1) above is not subject to the five-year bar on TANF, nonemergency Medicaid, and SCHIP (see WAC 388-424-0010).
(3) An immigrant as described in subsection (1) above who is also a "qualified alien" as described in WAC 388-424-0020 (1)(b)(i) is eligible for federal Basic Food.
(4) An immigrant is not subject to sponsor deeming in state funded programs (see WAC 388-450-0156 (4)(c)) if in any of the categories in subsection (1) above or if:
(a) Employed by an agency of the U.S. government or served in the armed forces of an allied country during a military conflict between the U.S. and a military opponent; or
(b) The spouse, un-remarried widow or widower, or unmarried dependent child of a person in subsection (4)(a) of this section.
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(2) An immigrant can receive credit for work quarters by:
(a) Earning enough money to qualify for work quarters;
(b) Getting credit for work quarters earned by a parent or step parent while the alien was under eighteen (including quarters earned before the alien was born); and
(c) Getting credit for work quarters earned by a spouse during the marriage (including a now deceased spouse) or during a period when a couple "hold themselves out" as married.
(3) An immigrant may receive credit for work quarters earned while residing in the U.S. regardless of their (or their family member's) immigration status at the time the money was earned.
(4) An immigrant cannot receive credit for a work quarter on or after January 1, 1997 if the person earning or being credited with the work quarter received a federal means-tested benefit during the quarter.
(5) If the person earning the quarter applied for a federal means-tested benefit during the fortieth quarter and the person earning the quarter earned enough money to qualify for benefits before applying for benefits, the quarter is credited.
(6) An immigrant can be provisionally credited with forty work quarters for up to six months while awaiting verification of work quarters only if:
(a) SSA responded that the immigrant (and spouse and parents) has less than forty quarters, but SSA is making an investigation to see if more quarters can be credited; or
(b) The immigrant has turned in a request to another federal agency for proof of the immigrant's eligible alien status and the agency has accepted the request.
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(2) The following immigrants are not required to apply for an SSN:
(a) An alien, regardless of immigration status, who is applying for a program listed in WAC 388-476-0001;
(b) A PRUCOL alien as defined in WAC 388-424-0001;
(c) Members of a household who are not applying for benefits for themselves; and
(d) "Qualified aliens," as defined in WAC 388-424-0001, who are not eligible for an SSN because they are not authorized to work in the U.S.
(3) An immigrant who is otherwise eligible for benefits may choose not to provide the department with an SSN without jeopardizing the eligibility of others in the household. See WAC 388-450-0140 for how the income of such individuals is treated.
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(2) Qualified aliens who first physically entered the U.S. after August 21, 1996 cannot receive TANF, Medicaid, or SCHIP for five years after obtaining status as a qualified alien, unless they are any of the following:
(a) An alien as described under WAC 388-424-0005 (3)(b), (d), (e), (g), or (h); or
(b) A lawful permanent resident who is:
(i) On active duty in the U.S. military, other than active duty for training;
(ii) An honorably discharged U.S. veteran;
(iii) A veteran of the military forces of the Philippines who served prior to July 1, 1946, as described in Title 38, section 107 of the U.S. code;
(iv) A Hmong or Highland Lao veteran who served in the military on behalf of the U.S. Government during the Vietnam conflict; or
(v) The spouse or unmarried dependent child(ren) of a person described in subsection (2)(b)(i) through (iv) of this section.
(3) A child born outside of the U.S. automatically becomes a U.S. citizen when:
(a) At least one of the parents is a U.S. citizen by birth or naturalization;
(b) The child is under eighteen years of age;
(c) The child is residing in the U.S. in legal and physical custody of the citizen parent; and
(d) The child is a lawful permanent resident.
(4) An Indian as described in WAC 388-424-0020 (2)(b) and (c) may receive Medicaid or CHIP benefits.
(5) Aliens, including PRUCOL aliens as defined in WAC 388-424-0005(4), who would qualify for Medicaid benefits, but are determined ineligible because of alien status or requirements for a Social Security Number, may receive medical coverage as follows:
(a) State-funded categorically needy (CN) scope of care for pregnant women, as described in WAC 388-462-0015; and
(b) Alien emergency medical services as described in WAC 388-438-0110.
(6) Alien status does not affect eligibility for the medically indigent program described in WAC 388-438-0100)) To receive TANF or medical benefits you must meet all other eligibility requirements and be one of the following as defined in WAC 388-424-0001:
(a) A U.S. citizen;
(b) A U.S. national;
(c) An American Indian born outside the U.S.;
(d) A "qualified alien";
(e) A victim of trafficking; or
(f) A Hmong or Highland Lao.
(2) A "qualified alien" who first physically entered the U.S. before August 22, 1996 as described in WAC 388-424-0006(1) may receive TANF, nonemergency Medicaid, and SCHIP benefits.
(3) A "qualified alien" who first physically entered the U.S. on or after August 22, 1996 cannot receive TANF, nonemergency Medicaid, or SCHIP for five years after obtaining status as a qualified alien unless he or she is an alien as described under WAC 388-424-0006(4).
(4) An alien who is ineligible for TANF, nonemergency Medicaid, or SCHIP because of the five-year bar or because of their immigration status may be eligible for:
(a) Emergency benefits as described in WAC 388-424-0018 (consolidated emergency assistance program) and WAC 388-438-0110 (alien emergency medical program); or
(b) State-funded cash or chemical dependency benefits as described in WAC 388-424-0015 (SFA, GA and ADATSA) and medical benefits as described in WAC 388-424-0016; or
(c) Pregnancy medical benefits as described in WAC 388-462-0015.
[Statutory Authority: RCW 74.08.090, 74.08A.100, 74.09.080, and 74.09.415. 02-17-030, § 388-424-0010, filed 8/12/02, effective 9/12/02. Statutory Authority: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.530, and Public Law 106-395. 02-03-008, § 388-424-0010, filed 1/4/02, effective 2/4/02. Statutory Authority: RCW 74.08.090 and 74.08A.100. 99-17-023, § 388-424-0010, filed 8/10/99, effective 9/10/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-424-0010, filed 7/31/98, effective 9/1/98. Formerly WAC 388-505-0520 and 388-518-1805.]
(((1))) (a) A ((qualified alien who is not eligible for
TANF benefits because of the five-year period of ineligibility
described in WAC 388-424-0010(2); or
(2) An alien who is permanently residing in the U.S. under color of law (PRUCOL) as defined in WAC 388-424-0005(4))) "qualified alien" as defined in WAC 388-424-0001 who is ineligible for TANF due to the five-year bar as described in WAC 388-424-0006(3); or
(b) A PRUCOL alien as defined in WAC 388-424-0001, including a noncitizen American Indian who does not meet the criteria in WAC 388-424-0001.
(2) To receive general assistance (GA) benefits, you must be ineligible for the TANF, SFA, or SSI program for a reason other than failure to cooperate with program requirements, and belong to one of the following groups as defined in WAC 388-424-0001:
(a) A U.S. citizen;
(b) A U.S. national;
(c) An American Indian born outside the U.S.;
(d) A "qualified alien" or similarly defined lawful immigrant such as Hmong or Highland Lao or victim of trafficking; or
(e) A PRUCOL alien.
(3) To receive ADATSA benefits, you must belong to one of the following groups as defined in WAC 388-424-0001:
(a) A U.S. citizen;
(b) A U.S. national;
(c) An American Indian born outside the U.S.;
(d) A "qualified alien" or similarly defined lawful immigrant such as Hmong or Highland Lao or victim of trafficking; or
(e) A PRUCOL alien.
[Statutory Authority: RCW 74.04.050, 74.08.090. 00-08-060, § 388-424-0015, filed 3/31/00, effective 4/1/00. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-424-0015, filed 7/31/98, effective 9/1/98. Formerly WAC 388-518-1805.]
(2) To receive medical benefits for pregnancy, you must be ineligible for other programs as described in WAC 388-462-0015, verify you are pregnant, and be:
(a) A "qualified alien" who is ineligible for TANF due to the five-year bar as described in WAC 388-424-0006(3);
(b) PRUCOL as defined in WAC 388-424-0001; or
(c) An undocumented alien as defined in WAC 388-424-0001.
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(a) You are a member of one of the following groups of qualified aliens (as defined in WAC 388-424-0005): A refugee, or an asylee, or a victim of trafficking, or have deportation/removal withheld, or are a Cuban or Haitian entrant; or are a qualified alien (as defined in WAC 388-424-0005) and Amerasian;
(b) You are a lawful permanent resident, or paroled for one year or more, or a conditional entrant, or a victim of domestic violence or parent or child of a victim (as defined in WAC 388-424-0005), and one of the following also apply to you:
(i) You have worked or can get credit for forty Social Security Administration (SSA) work quarters - see subsections (2) through (5) below;
(ii) You are an active duty personnel or honorably discharged veteran of the U.S. military or you are the spouse, unmarried surviving spouse, or unmarried dependent child of someone who meets this requirement;
(iii) You receive cash or medical benefits based on Supplemental Security Income (SSI) criteria for blindness or disability;
(iv) You have lived in the U.S. as a "qualified" alien as described in WAC 388-424-0005 for at least five years;
(v) You are under age eighteen;
(vi) You were lawfully residing in the U.S. on August 22, 1996 and were born on or before August 22, 1931.
(c) You are not in one of the groups listed under (a) or (b) of this subsection but belong to one of the following groups:
(i) You are legally residing in the U.S. and are a Hmong or Highland Laotian tribal members (including the tribal members' spouse and dependent children) when the tribe assisted U.S. personnel by taking part in a military or rescue operation during the Vietnam era beginning August 5, 1964, and ending May 7, 1975; or
(ii) Canadian born American Indians who are fifty percent American Indian blood; or
(iii) American Indians who are noncitizens and members of an Indian tribe as defined in section 4(e) of the Indian Self-Determination and Education Assistance Act.
(2) For those immigrants who must have credit for forty SSA work quarters to receive Basic Food benefits, you can receive credit for SSA work quarters, earned only in the U.S., by:
(a) Earning enough money to qualify for work quarters;
(b) Getting credit for quarters earned by a parent or step-parent while you are under age eighteen including before you were born; or
(c) Getting credit for quarters earned by your spouse while you are married if you are still married to them or they are deceased.
(3) You cannot receive credit for a SSA work quarter after January 1, 1997 if you received TANF, nonemergency Medicaid, food stamps, or federal Basic Food benefits during the quarter.
(4) If you apply for TANF, nonemergency Medicaid, or Basic Food benefits during your fortieth quarter and you earned enough money to qualify for the quarter before you applied for benefits, you get credit for that quarter.
(5) You can get federally-funded Basic Food benefits for up to six months while we wait for verification of your eligibility if you or the department:
(a) Asked SSA for proof of your work quarters, SSA responded that you have less than forty quarters, and you provide proof that SSA is making an investigation to decide if they can credit you with more quarters; or
(b) Turned in a request to a federal agency for proof that you meet immigrant eligibility requirements for federally-funded Basic Food benefits. If you requested this proof, you must provide proof that the agency has accepted this request)).
(2) If you are not a U.S. citizen or U.S. national, you must fall within (a) or (b) of this subsection, and meet all other eligibility requirements, in order to receive federal Basic Food benefits:
(a) You are a member of one of the following groups of "qualified aliens" or similarly defined lawful immigrants as defined in WAC 388-424-0001:
(i) Amerasian;
(ii) Asylee;
(iii) Cuban or Haitian entrant;
(iv) Deportation or removal withheld;
(v) Refugee;
(vi) Victim of trafficking;
(vii) Noncitizen American Indian; or
(viii) Hmong or Highland Lao tribal member.
(b)(i) You are a member of one of the following groups of qualified aliens as defined in WAC 388-424-0001:
(A) Conditional entrant;
(B) Lawful permanent resident (LPR);
(C) Paroled for one year or more; or
(D) Victim of domestic violence or parent or child of a victim.
(ii) And, one of the following also applies to you:
(A) You have worked or can get credit for forty Social Security Administration (SSA) work quarters - as described in WAC 388-424-0008;
(B) You are an active duty personnel or honorably discharged veteran of the U.S. military or you are the spouse, unmarried surviving spouse, or unmarried dependent child of someone who meets this requirement, as described in WAC 388-424-0007(1);
(C) You receive cash or medical benefits based on Supplemental Security Income (SSI) criteria for blindness or disability;
(D) You have lived in the U.S. as a "qualified alien" as described in WAC 388-424-0001 for at least five years;
(E) You are under age eighteen; or
(F) You were lawfully residing in the U.S. on August 22, 1996 and were born on or before August 22, 1931.
(3) If you are ineligible for federal Basic Food benefits due to your alien status, you may be eligible for state Basic Food benefits (see WAC 388-424-0025).
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, and 74.04.510. 03-05-029, § 388-424-0020, filed 2/10/03, effective 4/1/03. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and H.R. 2646 Farm Security and Rural Investment Act of 2002. 02-22-046, § 388-424-0020, filed 10/30/02, effective 12/1/02. Statutory Authority: RCW 74.04.510, S. 1150, the Agricultural Research, Extension, and Education Reform Act of 1998. 99-01-058, § 388-424-0020, filed 12/11/98, effective 1/11/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-424-0020, filed 7/31/98, effective 9/1/98. Formerly WAC 388-518-1805.]
(1) A "qualified alien," as defined in WAC
((388-424-0005)) 388-424-0001, who does not meet the
eligibility requirements under WAC 388-424-0020 to receive
federally-funded Basic Food benefits; or
(2) An alien who does not meet the definition of a
qualified alien as defined in WAC ((388-424-0005))
388-424-0001 but who is((:
(a) Allowed to enter the U.S. for permanent residence by permission of the U.S. Attorney General under section 249 of the Immigration and Nationality Act (INA); or
(b) Admitted for temporary residence under section 245A of the INA and is aged, blind, or disabled as described in Title XVI of the Social Security Act; or
(c) Granted temporary resident status by the Immigration and Naturalization Service (INS) as a special agricultural worker under section 210 of the INA; or
(d) Granted Family Unity status by the INS and the alien's spouse or parent is eligible to receive federal- or state-funded Basic Food benefits; or
(e))) Permanently Residing Under Color of Law (PRUCOL) in
the United States as defined in WAC ((388-424-0005(4)))
388-424-0001.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, and 74.04.510. 03-05-029, § 388-424-0025, filed 2/10/03, effective 4/1/03. Statutory Authority: RCW 74.08A.120. 00-13-036, § 388-424-0025, filed 6/13/00, effective 7/14/00. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-424-0025, filed 7/31/98, effective 9/1/98. Formerly WAC 388-518-1805.]
The following section of the Washington Administrative Code is repealed:
| WAC 388-424-0005 | The effect of citizenship and alien status on eligibility for benefits. |