WSR 07-06-020

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed February 27, 2007, 11:21 a.m. , effective March 1, 2007 ]


Effective Date of Rule: March 1, 2007.

Purpose: The department is amending WAC 388-436-0015 Consolidated emergency assistance program (CEAP) and 388-436-0030 Eligibility for CEAP depends on other possible cash benefits in order to allow a one-time emergency benefit to families who have had their cash grant terminated under the noncompliance sanction policy. The emergency cash benefit would assist families with meeting needs such as shelter, food and utilities. Starting in March 2007, some families may have their full cash grant terminated under the new noncompliance sanction (NCS) policy. Revising the WAC will allow these families to be eligible to receive the emergency assistance.

Citation of Existing Rules Affected by this Order: Repealing WAC 388-436-0025; and amending WAC 388-436-0015 and 388-436-0030.

Statutory Authority for Adoption: RCW 74.040.050 [74.04.050], 74.04.055, 74.04.057, 74.08.090.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: Under the new noncompliance sanction (NCS) policy, some families may have their full TANF cash grant terminated starting in March 2007. The rule changes are necessary in order to allow the department to allow a one-time emergency cash benefit for families who have had their cash grant terminated.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 1.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 1.

Date Adopted: February 20, 2007.

Jim Schnellman, Chief

Office of Administrative Resources

3831.1
AMENDATORY SECTION(Amending WSR 04-05-013, filed 2/6/04, effective 3/8/04)

WAC 388-436-0015   Consolidated emergency assistance program (CEAP).   (1) CEAP is available to the following persons:

(a) A pregnant woman in any stage of pregnancy; or

(b) Families with dependent children, including, within available funds, families who have stopped receiving their TANF grant within the last six months under WAC 388-310-1600.

(2) Applicants must be residents of Washington state as defined in WAC 388-468-0005.

(3) Applicants must demonstrate a financial need for emergency funds for one or more of the following basic requirements:

(a) Food;

(b) Shelter;

(c) Clothing;

(d) Minor medical care;

(e) Utilities;

(f) Household maintenance supplies;

(g) Necessary clothing or transportation costs to accept or retain a job; or

(h) Transportation for a minor, not in foster care, to a home where care will be provided by family members or approved caretakers.

(4) Payment under this program is limited to not more than thirty consecutive days within a period of twelve consecutive months.

[Statutory Authority: RCW 74.04.050, 74.04.055, and 74.04.057. 04-05-013, 388-436-0015, filed 2/6/04, effective 3/8/04. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-436-0015, filed 7/31/98, effective 9/1/98.]


AMENDATORY SECTION(Amending WSR 99-24-130, filed 12/1/99, effective 1/1/00)

WAC 388-436-0030   Eligibility for CEAP depends on other possible cash benefits.   (1) Before the department approves CEAP benefits, we must determine that all household members are ineligible for benefits from any of the following programs:

(a) Temporary assistance for needy families (TANF) or state family assistance (SFA), unless the family has had its cash grant terminated under WAC 388-310-1600 within the last six months;

(b) ((State family assistance (SFA);

(c))) Refugee cash assistance (RCA);

(((d))) (c) Diversion cash assistance (DCA).

(2) To receive CEAP, the applicant must take any required action to receive benefits from the following programs:

(a) TANF((,)) or SFA, ((and RCA)) unless the family has had its case grant terminated under WAC 388-310-1600 within the last six months;

(b) RCA

(c) Supplemental security income (SSI);

(((c))) (d) Medical assistance for those applicants requesting help for a medical need;

(((d))) (e) Food assistance for those applicants requesting help for a food need;

(((e))) (f) Housing assistance from any available source for those applicants requesting help for a housing need;

(((f))) (g) Unemployment compensation, veteran's benefits, industrial insurance benefits, Social Security benefits, pension benefits, or any other source of financial benefits the applicant is potentially eligible to receive.

(3) The department may not authorize CEAP benefits to any household containing a member who is ((under a grant penalty)) receiving reduced cash benefits for failure to comply with program requirements of TANF/SFA((,)) or RCA((, or WorkFirst under chapter 388-310 WAC)). This restriction does not apply to families who have stopped receiving TANF cash benefits under WAC 388-310-1600 within the last six months.

[Statutory Authority: RCW 74.04.660. 99-24-130, 388-436-0030, filed 12/1/99, effective 1/1/00. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-436-0030, filed 7/31/98, effective 9/1/98.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 388-436-0025 Eligibility conditions for CEAP--Job refusal.

Washington State Code Reviser's Office