Purpose: To amend WAC 388-492-0040 Can I choose whether I get WASHCAP food benefits or Basic Food benefits?, to be consistent with a federal waiver amendment effective January 1, 2005, regarding the criteria under which a WASHCAP-eligible or WASHCAP participant may opt-in or -out of the demonstration project. The change will bring the department into compliance with the demonstration project cost-neutrality provisions stipulated in the federal waiver.

     Citation of Existing Rules Affected by this Order: Amending WAC 388-492-0040.

     Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090.

     Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

     Reasons for this Finding: This emergency rule must be effective January 1, 2005, to comply with an amended Food and Nutrition Services waiver; federal regulations governing combined application projects (CAP) or other demonstration projects are found in 7 C.F.R. 282. The rule and its effective date are necessary to maintain federal funding of the WASHCAP based on compliance with demonstration project cost-neutrality requirements. A CR-101, preproposal statement of inquiry, is being filed jointly with this emergency rule change.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

     Date Adopted: December 29, 2004.

Jim Schnellman

for Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

     (1) ((You would get more benefits from the Basic Food program.

     (2) You may get more benefits in the Basic Food program when:

     (a))) Your shelter costs as defined in WAC 388-450-0190 are more than five hundred twenty-seven dollars a month((. We count the following items as a shelter cost:

     (i) Rent or mortgage;

     (ii) Property taxes;

     (iii) Homeowner's insurance (for the building only); or

     (iv) Mandatory homeowner's association or condo fees.

     (b)));

     (2) Your out-of-pocket medical expenses are more than thirty-five dollars a month; or

     (3) You chose to have Basic Food benefits instead of WASHCAP benefits prior to January 1, 2005.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090. 04-23-026, § 388-492-0040, filed 11/8/04, effective 12/9/04. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510. 03-21-030, § 388-492-0040, filed 10/7/03, effective 12/1/03. Statutory Authority: RCW 74.04.057, 74.04.500, 74.04.510. 03-01-045, § 388-492-0040, filed 12/10/02, effective 1/10/03; 02-15-148, § 388-492-0040, filed 7/22/02, effective 9/1/02; 01-21-058, § 388-492-0040, filed 10/16/01, effective 12/1/01.]

     Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

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