WSR 04-15-004

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed July 7, 2004, 1:29 p.m. , effective August 7, 2004 ]


     

     Purpose: Adopting amended and new rules in chapter 388-424 WAC, and repealing WAC 388-424-0005 (see below for a list of WAC affected by this order). These rule changes are necessary to conform to changes in federal law and to address gaps and ambiguities in the current rules.

     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; and 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?

     Citation of Existing Rules Affected by this Order: Repealing WAC 388-424-0005; and amending WAC 388-424-0010, 388-424-0015, 388-424-0020, and 388-424-0025.

     Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090.

      Adopted under notice filed as WSR 04-10-100 on May 4, 2004.

     Changes Other than Editing from Proposed to Adopted Version: (1) WAC 388-424-0001 is changed:

•     To make clear that, under the definition of "qualified aliens," children of abused spouses are included in a parent's petition;

•     To substitute the definition of "victim of trafficking" in federal statute (P.L. 106-386) for the definition in the proposed rule;

•     To clarify that only victims of trafficking who have been certified or approved by ORR are treated as refugees; and

•     To reflect that under federal law (P.L. 108-193) derivative beneficiaries of certified trafficking victims are eligible for federal benefits.

     (2) The term "public interest" is deleted from the reference to "parolees" in WAC 388-424-0006.

     (3) WAC 388-424-0008 is changed to clarify that the given definition of "federal means tested benefits" is specifically applicable toward the counting of Social Security work quarters.

     (4) WAC 388-424-0009 is changed to clarify that all qualified aliens must apply for an SSN, even if not work-authorized, and that the department is obligated to assist in their application.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 4, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, 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 1, Amended 4, Repealed 1.

     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 6, Amended 4, Repealed 1.

     Date Adopted: July 1, 2004.

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3387.8
NEW SECTION
WAC 388-424-0001   Citizenship and alien status -- Definitions.   "American Indians" born outside the United States. American Indians born outside the U.S. are eligible for benefits without regard to immigration status or date of entry if:

     (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 an abused spouse do not need their own separate pending or approved petition but are included in their parent's petition if it was filed before they turned age twenty-one. Children of abused persons who meet the conditions above retain their "qualified alien" status even after they turn age twenty-one.

     (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." According to federal law, victims of trafficking have been subject to one of the following:

     (1) Sex trafficking, in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained eighteen years of age; or

     (2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

     (3) Under federal law, persons who have been certified or approved as victims of trafficking by the federal Office of Refugee Resettlement (ORR) are to be treated the same as refugees in their eligibility for public assistance.

     (4) Immediate family members of victims are also eligible for public assistance benefits as refugees. Immediate family members are the spouse or child of a victim of any age and the parent or minor sibling if the victim is under twenty-one years old.

[]


NEW SECTION
WAC 388-424-0006   Citizenship and alien status -- Date of entry.   (1) A person who physically entered the U.S. prior to August 22, 1996 and who continuously resided in the U.S. prior to becoming a "qualified alien" (as defined in WAC 388-424-0001) is not subject to the five-year bar on TANF, nonemergency Medicaid, and SCHIP.

     (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, 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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NEW SECTION
WAC 388-424-0007   Citizenship and alien status -- Armed services or veteran status.   (1) An immigrant in one of the following categories is considered a member of the armed forces or a veteran for purposes of establishing eligibility for federal means-tested benefits as defined in WAC 388-424-0008:

     (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.

[]


NEW SECTION
WAC 388-424-0008   Citizenship and alien status -- Work quarters.   (1) For purposes of determining Social Security work quarters, the following are considered federal means-tested benefits: Temporary assistance for needy families (TANF), nonemergency Medicaid, state children's health insurance program (SCHIP), Supplemental Security Income (SSI), and federal Basic Food.

     (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.

[]


NEW SECTION
WAC 388-424-0009   Citizenship and alien status -- Social Security Number (SSN) requirements.   (1) A "qualified alien," as defined in WAC 388-424-0001, who has applied for a Social Security number (SSN) as part of their application for benefits cannot have benefits delayed, denied, or terminated pending the issuance of the SSN by the Social Security Administration (SSA).

     (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 388-476-0005(7);

     (b) A PRUCOL alien as defined in WAC 388-424-0001; and

     (c) Members of a household who are not applying for benefits for themselves.

     (3) "Qualified aliens," as defined in WAC 388-424-0001, who are applying for federal benefits but who are not authorized to work in the U.S., must still apply for a nonwork SSN. The department must assist them in this application without delay.

     (4) 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.

[]


AMENDATORY SECTION(Amending WSR 02-17-030, filed 8/12/02, effective 9/12/02)

WAC 388-424-0010   Citizenship and alien status--Eligibility ((requirements)) restrictions for the temporary assistance for needy families program and medical benefits, including nonemergency Medicaid and the state children's health insurance program (SCHIP).   (1) ((Qualified aliens as described in WAC 388-424-0005(3) who were residing in the United States (U.S.) before August 22, 1996 may receive temporary assistance for needy families (TANF), Medicaid, and CHIP benefits.

     (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.]


AMENDATORY SECTION(Amending WSR 00-08-060, filed 3/31/00, effective 4/1/00)

WAC 388-424-0015   ((Citizenship and alien status--)) Immigrant eligibility ((requirements)) restrictions for the state family assistance ((program (SFA))), general assistance, and ADATSA programs.   (1) To receive state family assistance (SFA) benefits, you must be:

     (((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.]


NEW SECTION
WAC 388-424-0016   Citizenship and alien status -- Immigrant eligibility restrictions for state medical benefits.   (1) To receive general assistance medical (medical care services) you must meet the alien requirements of general assistance as described in WAC 388-424-0015(2) and be a recipient of general assistance cash.

     (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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AMENDATORY SECTION(Amending WSR 03-05-029, filed 2/10/03, effective 4/1/03)

WAC 388-424-0020   How does my alien status impact my eligibility for the federally-funded Washington Basic Food program benefits?   (1) If you are ((not)) a U.S. citizen or U.S. national((, you must fall within one of the following three categories,)) as defined in WAC 388-424-0001 and meet all other eligibility requirements, ((in order to)) you may receive federal Basic Food benefits((:

     (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.]


AMENDATORY SECTION(Amending WSR 03-05-029, filed 2/10/03, effective 4/1/03)

WAC 388-424-0025   How does my alien status impact my eligibility for state-funded benefits under the Washington Basic Food program?   To receive state-funded benefits under the Washington Basic Food program (((Basic Food))), you must be one of the following:

     (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.]


REPEALER

     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.

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