WSR 08-14-122

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed July 1, 2008, 8:16 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-09-109.

Title of Rule and Other Identifying Information: The department is amending WAC 388-436-0045 Income deductions for CEAP, 388-436-0055 What is the disaster cash assistance program (DCAP)?, and 388-436-0060 How much money can I receive from the disaster cash assistance program (DCAP)?

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 August 5, 2008, at 10:00 a.m.

Date of Intended Adoption: Not earlier than August 6, 2008.

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 schilse@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on August 5, 2008.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by July 29, 2008, 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 department is proposing to amend WAC 388-436-0045 Income deductions for CEAP, and create WAC 388-436-0055 What is the disaster cash assistance program (DCAP)? and 388-436-0060 How much money can I receive from the disaster cash assistance program (DCAP)? These changes are necessary in order to provide the rules for administering the disaster cash assistance program. Section 301(6), chapter 181, Laws of 2008 (SB 6950) 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.

Reasons Supporting Proposal: These rule changes are needed to create the disaster cash program authorized under section 301(6), chapter 181, Laws of 2008 (SB 6950).

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

Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, and 74.08.090 and section 301(6), chapter 181, Laws of 2008 (SB 6950).

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of social and health services, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Ian Horlor, P.O. Box 45470, Olympia, WA 98504-5470, (360) 725-4634.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These proposed rules do not have an economic impact on small businesses. The proposed amendments only affect DSHS clients by defining what the payment standards are for CEAP clients.

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." These rules affect financial eligibility and payment amounts.

June 26, 2008

Stephanie E. Schiller

Rules Coordinator

3989.3
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 the disaster cash assistance program (DCAP), 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 cash assistance program (DCAP)?   Disaster cash 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 cash 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 with whom 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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Washington State Code Reviser's Office