PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
Original Notice.
Preproposal statement of inquiry was filed as WSR 07-11-117.
Title of Rule and Other Identifying Information: The department is amending WAC 388-450-0195 Utility allowances for Basic Food programs and 388-492-0070 How are my Washington combined application program (WASHCAP) benefits calculated?
Hearing Location(s): Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA 98503 (one block north of the intersection of Pacific Avenue S.E. and Alhadeff Lane. A map or directions are available at http://www1.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6094), on October 9, 2007, at 10:00 a.m.
Date of Intended Adoption: Not earlier than October 10, 2007.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail mailto:dshsrulescoordinator@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m. on October 9, 2007.
Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS Rules Consultant, by October 2, 2007, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at johnsjl4@dshs.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The rules provide standards used to determine monthly benefit levels for the Washington Basic Food program and Washington combined application program (WASHCAP). The rules also indicate when a WASHCAP-eligible household may choose to participate in the Basic Food program.
The proposed changes update utility standards for Basic Food, the WASHCAP high cost shelter standard, the WASHCAP low cost shelter standard, and the WASHCAP shelter threshold. Emergency rules in this filing will be adopted effective October 1, 2007, because federal implementation timeframes do not allow sufficient time to make the changes using the standard adoption process.
Reasons Supporting Proposal: 7 C.F.R. 273.9 (d)(6)(iii)(B) and the approved waiver the department uses to administer the WASHCAP program requires the department to update the standards contained in these rules on an annual basis. The department updates the standards based on the consumer price index (CPI) and adopts new standards effective with the new federal fiscal year each October.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090.
Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090.
Rule is necessary because of federal law, 7 C.F.R. 273.9.
Name of Proponent: Department of social and health services, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: John Camp, 1009 College S.E., Lacey, WA 98504, (360) 725-4616.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposed rule does not have an economic impact on small businesses, it only affects DSHS clients by setting standards used to determine benefit levels for the Washington Basic Food program.
A cost-benefit analysis is not required under RCW 34.05.328. These amendments are exempt as allowed under RCW 34.05.328 (5)(b)(vii) which states in-part, "[t]his section does not apply to ...rules of the department of social and health services relating only to client medical or financial eligibility and rules concerning liability for care of dependents."
August 28, 2007
Stephanie E. Schiller
Rules Coordinator
3909.1(a) Heating or cooling fuel;
(b) Electricity or gas;
(c) Water or sewer;
(d) Well or septic tank installation/maintenance;
(e) Garbage/trash collection; and
(f) Telephone service.
(2) The department uses the amounts below if you have utility costs separate from your rent or mortgage payment. We add your utility allowance to your rent or mortgage payment to determine your total shelter costs. We use total shelter costs to determine your Basic Food benefits.
(a) If you have heating or cooling costs, you get a standard utility allowance (SUA) that depends on your assistance unit's size.
| Assistance Unit (AU) Size | Utility Allowance |
| 1 | $(( |
| 2 | $(( |
| 3 | $(( |
| 4 | $(( |
| 5 | $(( |
| 6 or more | $(( |
(c) If your AU has only telephone costs and no other
utility costs, you get a telephone utility allowance (TUA) of
((thirty-eight)) forty dollars.
[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, § 388-450-0195, 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. 06-10-056, § 388-450-0195, filed 5/1/06, effective 6/1/06. 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. 05-19-062, § 388-450-0195, filed 9/16/05, effective 10/17/05. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090. 05-09-087, § 388-450-0195, filed 4/19/05, effective 6/1/05. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057. 04-23-025, § 388-450-0195, 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, § 388-450-0195, filed 10/7/03, effective 12/1/03. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. 02-22-045, § 388-450-0195, filed 10/30/02, effective 12/1/02. Statutory Authority: RCW 74.04.057, 74.04.500, 74.04.510. 01-21-059, § 388-450-0195, filed 10/16/01, effective 12/1/01. Statutory Authority: RCW 74.04.510. 00-22-065, § 388-450-0195, filed 10/27/00, effective 11/1/00. Statutory Authority: RCW 74.040.510 [74.04.510]. 99-24-052, § 388-450-0195, filed 11/29/99, effective 12/1/99. Statutory Authority: RCW 74.04.510. 99-09-055, § 388-450-0195, filed 4/19/99, effective 5/20/99. Statutory Authority: RCW 74.04.510 and 7 CFR 273.9 (d)(6). 99-01-069, § 388-450-0195, filed 12/14/98, effective 1/14/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-450-0195, filed 7/31/98, effective 9/1/98.]
3906.2(1) We begin with your gross income.
(2) We subtract one hundred thirty-four dollars from your gross income to get your countable income.
(3) We figure your shelter cost based on information we receive from Social Security Administration (SSA), unless you report a change as described under WAC 388-492-0080. If you pay:
(a) ((Three hundred forty-two)) Two hundred seventy-five
dollars or more a month for shelter, we use three hundred
((fifty-four)) sixty-six dollars as your shelter cost; or
(b) Less than ((three hundred forty-two)) two hundred
seventy-five dollars for shelter, we use one hundred
((seventy-one)) seventy-six dollars as your shelter cost; and
(c) We add the current ((limited)) standard utility
allowance under WAC 388-450-0195 to determine your total
shelter cost.
(4) We figure your shelter deduction by subtracting one half of your countable income from your shelter cost.
(5) We figure your net income by subtracting your shelter deduction from your countable income and rounding the resulting figure up from fifty cents and down from forty-nine cents to the nearest whole dollar.
(6) We figure your WASHCAP food benefits (allotment) by:
(a) Multiplying your net income by thirty percent and rounding up to the next whole dollar; and
(b) Subtracting the result from the maximum allotment under WAC 388-478-0060.
(c) If you are eligible for WASHCAP, you will get at least ten dollars in food benefits each month.
[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, § 388-492-0070, 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. 05-17-155, § 388-492-0070, filed 8/22/05, effective 10/1/05; 05-08-008, § 388-492-0070, filed 3/25/05, effective 4/25/05; 04-23-026, § 388-492-0070, 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, § 388-492-0070, filed 10/7/03, effective 12/1/03. Statutory Authority: RCW 74.04.057, 74.04.500, 74.04.510. 03-01-045, § 388-492-0070, filed 12/10/02, effective 1/10/03; 02-15-148, § 388-492-0070, filed 7/22/02, effective 9/1/02; 01-21-058, § 388-492-0070, filed 10/16/01, effective 12/1/01.]