WSR 08-13-029

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed June 10, 2008, 12:20 p.m. , effective June 11, 2008 ]


     Effective Date of Rule: June 11, 2008.

     Purpose: The department is proposing to add WAC 388-436-0055 and 388-436-0060 to chapter 388-436 WAC in order to provide the rules for administering the disaster consolidated emergency assistance program (CEAP). The department is also proposing to amend WAC 388-436-0045 regarding income deductions for CEAP. SB 6590, (section 301(6), chapter 181, Laws of 2008), authorized that during a state of emergency and pursuant to an order from the governor, CEAP benefits be extended to individuals and families without children.

     Citation of Existing Rules Affected by this Order: Amending WAC 388-436-0045.

     Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and 74.08A.340.

     Other Authority: SB 6950 [6590] (section 301(6), chapter 181, Laws of 2008).

     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 department is filing the emergency to meet the requirements contained in SB 6590, section 301(6). The department filed the CR-101 under WSR 08-09-109, April 21, 2008, for regular adoption of these WAC changes.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 2, Amended 1, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 2, Amended 1, Repealed 0.

     Date Adopted: June 3, 2008.

Stephanie E. Schiller

Rules Coordinator

3989.1
AMENDATORY SECTION(Amending WSR 98-16-044, filed 7/31/98, effective 9/1/98)

WAC 388-436-0045   Income deductions for CEAP.   The following deductions are allowed when determining the CEAP assistance unit's net income:

     (1) A ninety dollar work expense from each member's earned income;

     (2) Actual payments made by a member with earned income for care of a member child up to the following maximums:

Hours

Worked

Per Month

 Each Child Under Two Years Each Child

Two Years Or Older
0 - 40 $ 50.00 $ 43.75
41 - 80 100.00 87.50
81 - 120 150.00 131.25
121 or More 200.00 175.00

     (3) Verified expenses for members of the assistance unit during the current month as follows:

     (a) Medical bills;

     (b) Child care paid in an emergency in order to avoid abuse;

     (c) Dental care to relieve pain; or

     (d) Costs incurred in obtaining employment.

     (e) For disaster CEAP, disaster related expenses and/or losses suffered as a result of the disaster and the expense and/or loss is not anticipated to be reimbursed during the month of application.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-436-0045, filed 7/31/98, effective 9/1/98.]


NEW SECTION
WAC 388-436-0055   What is the disaster consolidated assistance program (DCAP)?   Disaster consolidated assistance program (DCAP) is paid through the consolidated emergency assistance program (CEAP) and is designed to provide cash assistance to individuals and families who face an emergency and do not have the money to meet their basic needs.

     (1) DCAP is available if you meet all of the following:

     (a) You suffered losses and live in an area that has been declared a disaster for individuals by the Governor.

     (b) You are not able to live in your home or you cannot return to your home because of the disaster;

     (c) Your home in the disaster area is your primary residence (not a vacation home) and you were living there at the time of the disaster;

     (d) You are a resident of Washington state as defined in WAC 388-468-0005;

     (e) Your net income is under the limits in WAC 388-436-0050(1); and

     (f) You or your family is not eligible for any other program that could meet your need as stated in WAC 388-436-0030.

     (2) 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; or

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

     (3) Payments under this program are limited to not more than thirty consecutive days within a period of twelve consecutive months.

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NEW SECTION
WAC 388-436-0060   How much money can I receive from the disaster consolidated assistance program (DCAP)?   The amount of money you can get from DCAP depends on your available resources, income and household size as determined below:

     (1) Available resources and income are determined by using WAC 388-436-0035. Excluded resources and income is in WAC 388-436-0040.

     (2) We determine your income based on gross anticipated income for the month of application.

     (3) The maximum amount of money you can receive depends on the size of your household as determined by WAC 388-456-0050(2).

     (4) Your household consists of anyone living with you who you have financial responsibility for or you share financial responsibility for the household such as:

     (a) Your spouse;

     (b) Domestic partner; or

     (c) Your children or step-children.

     (5) How much DCAP you may receive is determined according to calculations described in WAC 388-436-0050(3).

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