EMERGENCY RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
Effective Date of Rule: June 27, 2007.
Purpose: The department is amending WAC 388-492-0040 Can I choose whether I get Washington combined application project (WASHCAP) or regular food assistance?, this rule change is necessary so we can allow recipients to choose whether to participate in WASHCAP or apply for Basic Food benefits if their food benefits under Basic Food would be at least $40 more due to excess shelter costs or legally obligated child support payments. The change also removes the high rent threshold as an opt-out criterion, to be replaced by the benefit difference criterion, and corrects the date for the grandfathered rule consistent with a court order.
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.
Other Authority: See below.
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: The United States Department of Agriculture, Food and Nutrition Services approved an extension to the Washington combined application project (WASHCAP) waiver from December 1, 2006, through November 30, 2011. A letter, dated January 17, 2007, from Arthur Foley, Director of Program Development Division, FNS, gives the department authorization to establish a food stamp benefit loss of $40 as the threshold at which households participating in WASHCAP may "opt out" and participate in the regular food stamp program. Additional changes are consistent with a Thurston County Superior Court Order from November 2005. This extends the emergency rule filed as WSR 07-06-019. When the permanent rule filed as WSR 07-12-025 becomes effective, it will supersede this emergency rule.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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: June 8, 2007.
Stephanie E. Schiller
Rules Coordinator
3834.1 (1) ((Your nonutility shelter costs as defined in WAC 388-450-0190 (1)(a) through (d) are more than five hundred
sixty-seven dollars a month;
(2))) Your out-of-pocket medical expenses are more than
thirty-five dollars a month; ((or
(3))) (2) You chose to have Basic Food benefits instead
of WASHCAP benefits prior to ((January 1)) April 25, 2005; or
(3) Your food benefits under Basic Food would be at least forty dollars more due to excess shelter costs under WAC 388-450-0190 (1)(a) through (e) or legally obligated child support payments.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090 and 7 C.F.R. 273.9 (d)(6)(iii)(b). 06-21-011, § 388-492-0040, filed 10/6/06, effective 11/6/06. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090. 05-18-036, § 388-492-0040, filed 8/30/05, effective 10/1/05; 05-08-009, § 388-492-0040, filed 3/25/05, effective 4/25/05; 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.]