WSR 08-15-009

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed July 3, 2008, 3:26 p.m. , effective August 3, 2008 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: The department is amending WAC 388-450-0162 The department uses countable income to determine if you are eligible and the amount of your cash and food assistance benefits.

The rule describes the deductions used for cash and Basic Food benefits for the purposes of determining countable income used in determining eligibility for assistance and monthly benefits. The amendments to this rule emphasize that the deductions and incentives referred to in the rule are program specific and clarify which deductions pertain specifically to cash assistance, and which are to be used for Basic Food.

Citation of Existing Rules Affected by this Order: Amending WAC 388-450-0162.

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

Other Authority: 7 C.F.R. 273.9, 7 C.F.R. 273.10.

Adopted under notice filed as WSR 08-11-088 on May 20, 2008.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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 30, 2008.

Stephanie E. Schiller

Rules Coordinator

3974.2
AMENDATORY SECTION(Amending WSR 99-24-008, filed 11/19/99, effective 1/1/00)

WAC 388-450-0162   ((The department uses countable income to determine if you are eligible and the amount of your cash and food assistance benefits.)) How does the department count my income to determine if my assistance unit is eligible and calculate the amount of my cash and Basic Food benefits?   ((The department uses countable income to determine if the client is eligible and the amount of the cash and food assistance benefits.))

(1) Countable income is all income ((that remains)) your assistance unit has after we subtract the following:

(a) Excluded or disregarded income under WAC 388-450-0015;

(b) ((Deductions or)) For cash assistance, earned income incentives and deductions allowed for specific programs under WAC 388-450-0170 ((through 388-450-0200)) and 388-450-0175;

(c) For Basic Food, deductions allowed under WAC 388-450-0185; and

(d) Allocations to someone outside of the assistance unit under WAC 388-450-0095 through 388-450-0160.

(2) Countable income includes all income that ((must be deemed or allocated)) we must deem or allocate from financially responsible persons who are not members of your assistance unit under WAC 388-450-0095 through 388-450-0160.

(3) For cash assistance:

(a) We compare your countable income to the payment standard in WAC 388-478-0020 and 388-478-0030.

(b) You are not eligible for benefits when your assistance unit's countable income is equal to or greater than the payment standard plus any authorized additional requirements.

(c) Your benefit level is the payment standard and authorized additional requirements minus your assistance unit's countable income.

(4) For ((food assistance)) Basic Food:

(a) We compare your countable income to the monthly gross and net income standards ((specified in)) under WAC 388-478-0060((.

(b) You are not eligible for benefits when your assistance unit's income is equal to or greater than the monthly net income standard)):

(i) If your assistance unit is categorically eligible for Basic Food under WAC 388-414-0001, your assistance unit can have income over the gross or net income standard and still be eligible for benefits.

(ii) All other assistance units must have income at or below the gross and net income standards as required under WAC 388-478-0060 to be eligible for benefits.

(((c))) (b) Your benefit level is the maximum allotment in WAC 388-478-0060 minus thirty percent of your countable income.

[Statutory Authority: RCW 74.08.090 and 74.04.510. 99-24-008, 388-450-0162, filed 11/19/99, effective 1/1/00.]

Washington State Code Reviser's Office