WSR 08-14-123

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed July 1, 2008, 8:19 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-10-101.

Title of Rule and Other Identifying Information: The department is amending amend WAC 388-436-0050 to revise the payment standards and maximum earned income limits for the consolidated emergency assistance program (CEAP) to match the 3% increase for temporary assistance for needy families/state family assistance (TANF/SFA) and refugee cash assistance (RCA), which go into effect July 1, 2008. An increase for TANF assistance was mandated in section 207 (1)(e), chapter 329, Laws of 2008 (ESHB 2687).

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: This rule change is needed to revise the payment standards and the earned income limits for CEAP.

Reasons Supporting Proposal: The department is increasing the CEAP payment to match the increase outlined in section 207 (1)(e), chapter 329, Laws of 2008 (ESHB 2687) for TANF, SFA and RCA.

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.

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

3985.3
AMENDATORY SECTION(Amending WSR 98-16-044, filed 7/31/98, effective 9/1/98)

WAC 388-436-0050   Determining financial need and benefit amount for CEAP.   (1) To be eligible for CEAP assistance, the assistance unit's nonexcluded income, minus allowable deductions, must be less than ninety percent of the TANF payment standard for households with shelter costs. The net income limit for CEAP assistance units is:


Assistance

Unit Members

Net Income Limit
1 $ ((314))

323

2 ((396))

407

3 ((491))

505

4 ((577))

594

5 ((666))

685

6 ((756))

779

7 ((873))

900

8 or more ((967))

996


(2) The assistance unit's allowable amount of need is the lesser of:

(a) The TANF payment standard, based on assistance unit size, for households with shelter costs as specified under WAC 388-478-0020; or

(b) The assistance unit's actual emergent need, not to exceed maximum allowable amounts, for the following items:

Need Item: Maximum allowable amount by assistance unit size:

1 2 3 4 5 6 7 8 or more
Food $((211))

217

$((268))

276

$((332))

341

$((391))

402

$((450))

463

$((511))

526

$((583))

600

$((645))

664

Shelter ((258))

265

((325))

334

((404))

416

((476))

490

((548))

564

((621))

639

((719))

740

((795))

818

Clothing ((30))

31

((38))

39

((47))

48

((56))

57

((64))

65

((73))

75

((83))

85

((94))

96

Minor Medical Care ((179))

184

((228))

335

((282))

290

((332))

341

((382))

393

((432))

444

((501))

516

((554))

570

Utilities ((87))

89

((110))

113

((136))

140

((160))

164

((184))

189

((210))

216

((243))

250

((268))

276

Household maintenance ((64))

65

((81))

83

((100))

103

((118))

121

((136))

140

((155))

159

((178))

183

((197))

202

Job related transportation ((349))

359

((440))

453

((546))

562

((642))

661

((740))

762

((841))

866

((971))

1000

((1075))

1107


(3) The assistance unit's CEAP payment is determined by computing the difference between the allowable amount of need, as determined under subsection (2) of this section, and the total of:

(a) The assistance unit's net income, as determined under subsection (1) of this section;

(b) Cash on hand, if not already counted as income; and

(c) The value of other nonexcluded resources available to the assistance unit.

(4) The assistance unit is not eligible for CEAP if the amount of income and resources, as determined in subsection (3) of this section, is equal to or exceeds its allowable amount of need.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-436-0050, filed 7/31/98, effective 9/1/98.]

Washington State Code Reviser's Office