WSR 05-21-094

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed October 18, 2005, 1:31 p.m. ]

Subject of Possible Rule Making: The department is amending income-related rules in chapter 388-450 WAC for cash and food assistance programs in order to update references and reflect department policy for how the department treats income for department programs. This includes, but is not limited to amending WAC 388-450-0005 Income -- Ownership and availability, 388-450-0015 What types of income are not used when figuring out my benefits?, 388-450-0080 What is self-employment income?, 388-450-0085 How we count your self-employment income, and 388-450-0175 GA-U earned income incentive and deduction.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.04.050, 74.04.500, 74.04.510, 74.08.090.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department plans to update references to other department rules and reflect current policy [on] how the department considers various sources of income in determining eligibility and benefits for department programs.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United States Department of Agriculture, Food and Nutrition Service (FNS) publishes federal regulations for the food stamp program in the Federal Register. Rules published in the Federal Register are incorporated into the United States Code of Federal Regulations. FNS also issues administrative notices to inform states of new program requirements that are not yet in the United States Code of Federal Regulations. DSHS incorporates these regulations and exercises state options by adopting administrative rules for food assistance benefits in Washington state.

The department adopts regulations for cash, Basic Food, and medical assistance in a state plan that is consistent with federal requirements in public law, the Code of Federal Regulations, and other federal guidance on department-administered programs.

Process for Developing New Rule: DSHS welcomes the public to take part in developing the rules. Anyone interested should contact the staff person identified below. At a later date, DSHS will file a proposal with the Office of the Code Reviser with a notice of proposed rule making. A copy of the proposal will be sent to everyone on the mailing list and to anyone who requests a copy.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting John Camp, Policy Analyst, Division of Employment and Assistance Programs, P.O. Box 45470, Olympia, WA 98504-5470, phone (360) 725-4616, fax (360) 493-3493, e-mail campjx@dshs.wa.gov.

October 18, 2005

Andy Fernando, Manager

Rules and Policies Assistance Unit

Washington State Code Reviser's Office