PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
Original Notice.
Preproposal statement of inquiry was filed as WSR 09-06-084.
Title of Rule and Other Identifying Information: The department is amending WAC 388-412-0015 General information about your Basic Food allotments, 388-444-0030 Work requirements for persons who are able-bodied adults without dependents (ABAWDS), and 388-478-0060 What are the income limits and maximum benefit amounts for Basic Food?
Hearing Location(s): Office Building 2, Auditorium, DSHS Headquarters, 1115 Washington, Olympia, WA 98504, (public parking at 11th and Jefferson. A map is available at http://www1.dshs.wa.gov/msa/rpau/RPAU-OB-2directions.html, or by calling (360) 664-6094), on June 9, 2009, at 10:00 a.m.
Date of Intended Adoption: Not sooner than June 10, 2009.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m. on June 9, 2009.
Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by May 26, 2009, 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 the WACs identified above in order to:
| • | Increase the minimum monthly Basic Food allotment for assistance units composed of one or two persons, |
| • | Increase the maximum monthly allotment for Basic Food assistance units, and |
| • | Suspend the limitation of benefits for ABAWDS until September 30, 2010. |
Reasons Supporting Proposal: The proposed amendments will implement requirements under the American Recovery and Reinvestment Act of 2009 and will be consistent with the requirements of the Food and Nutrition Act of 2008, regulations under Title 7 of the Code of Federal Regulations, and administrative notices published by the United States Department of Agriculture, Food and Nutrition Service related to the supplements nutrition assistance program (SNAP) or food stamp program.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090, 74.04.500, and 74.08A.120.
Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090, 74.04.500, and 74.08A.120.
Rule is necessary because of federal law, American Recovery Investment Act 2009 (P.L. 110-05).
Name of Proponent: Department of social and health services, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Holly St. John, P.O. Box 45470, Olympia, WA 98504-5470, (360) 725-4895.
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.
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."
May 1, 2009
Stephanie E. Schiller
Rules Coordinator
4074.2 (2) ((You cannot receive the same type of benefit in:
(a) Two states in the same month;
(b) Two AUs in the same month, unless;
(c) You left the AU to live in a shelter for battered women and children. See WAC 388-408-0045)) If your AU does not have countable income as described under WAC 388-450-0162, you get the maximum allotment for the number of eligible people in your AU under WAC 388-478-0060.
(3) If your AU ((does not have any countable net income,
you get the maximum allotment for the number of eligible
people in your AU. See WAC 388-478-0060 for the maximum
allotments)) has countable income, we calculate your monthly
allotment as described under WAC 388-450-0162.
(4) ((If your AU has countable net income under WAC 388-450-0162, we calculate, your allotment by:
(a) Multiplying your AU's countable net monthly income by thirty percent;
(b) Rounding this amount up to the next whole dollar; and
(c) Subtracting the result from the maximum allotment.
(5))) If we determine you are eligible for Basic Food, your first month's benefits are from the date you applied for benefits through the end of the month of your application. If there was a delay in processing your application, we determine when your benefits start under WAC 388-406-0055. This is called proration and is based on a thirty-day month.
(((6))) (5) If you apply for benefits on or after the
sixteenth of the month, and we determine you are eligible for
Basic Food, we issue both your first and second months
benefits in one allotment if you are eligible for both months.
(((7))) (6) If your prorated benefits for the first month
are under ten dollars, you will not receive an allotment for
the first month.
(((8))) (7) If your AU has one or two members, your
monthly allotment will be at least ((fourteen)) sixteen
dollars unless:
(a) It is the first month of your certification period;
(b) Your AU is eligible for only a partial month; and
(c) We reduced your first month's allotment below
((fourteen)) sixteen dollars based on the date you became
eligible for Basic Food under WAC 388-406-0055.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090. 08-24-051, § 388-412-0015, filed 11/25/08, effective 12/26/08. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. 05-02-016, § 388-412-0015, filed 12/27/04, effective 1/27/05. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510. 03-22-038, § 388-412-0015, filed 10/28/03, effective 12/1/03. Statutory Authority: RCW 74.04.510 and 74.08.090. 01-18-054, § 388-412-0015, filed 8/30/01, effective 9/30/01; 99-16-024, § 388-412-0015, filed 7/26/99, effective 9/1/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-412-0015, filed 7/31/98, effective 9/1/98.]
| EFFECTIVE (( |
||||||||
| Column A Number of Eligible AU Members |
Column B Maximum Gross Monthly Income |
Column C Maximum Net Monthly Income |
Column D Maximum Allotment |
Column E 165% of Poverty Level |
||||
| 1 | $1,127 | $867 | $(( 200 |
$1,430 | ||||
| 2 | 1,517 | 1,167 | (( 367 |
1,925 | ||||
| 3 | 1,907 | 1,467 | (( 526 |
2,420 | ||||
| 4 | 2,297 | 1,767 | (( 668 |
2,915 | ||||
| 5 | 2,687 | 2,067 | (( 793 |
3,410 | ||||
| 6 | 3,077 | 2,367 | (( 952 |
3,905 | ||||
| 7 | 3,467 | 2,667 | (( 1,052 |
4,400 | ||||
| 8 | 3,857 | 2,967 | (( 1,202 |
4,895 | ||||
| 9 | 4,247 | 3,267 | (( 1,352 |
5,390 | ||||
| 10 | 4,637 | 3,567 | (( 1,502 |
5,885 | ||||
| Each Additional Member | +390 | +300 | +(( 150 |
+495 | ||||
(1) If your AU is categorically eligible as under WAC 388-414-0001, your AU does not have to meet the gross or net income standards in columns B and C. We do budget your AU's income to decide the amount of Basic Food your AU will receive.
(2) If your AU includes a member who is sixty years of age or older or has a disability, your income must be at or below the limit in column C only.
(3) If you are sixty years of age or older and cannot buy and cook your own meals because of a permanent disability, we will use column E to decide if you can be a separate AU.
(4) If your AU has zero income, your benefits are the maximum allotment in column D, based on the number of eligible members in your AU.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 74.08.090. 08-24-050, § 388-478-0060, filed 11/25/08, effective 12/26/08. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510 and 7 C.F.R. § 273.9. 07-22-035, § 388-478-0060, filed 10/30/07, effective 11/30/07. 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. 06-21-012, § 388-478-0060, filed 10/6/06, effective 11/6/06. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 74.08.090. 05-21-101, § 388-478-0060, filed 10/18/05, effective 11/18/05. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057. 04-23-025, § 388-478-0060, 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, § 388-478-0060, filed 10/7/03, effective 12/1/03. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. 02-21-050, § 388-478-0060, filed 10/14/02, effective 12/1/02. Statutory Authority: RCW 74.04.057, 74.04.500, 74.04.510. 01-21-059, § 388-478-0060, filed 10/16/01, effective 12/1/01. Statutory Authority: RCW 74.04.510, 74.08.090. 00-23-013, § 388-478-0060, filed 11/3/00, effective 12/4/00. Statutory Authority: RCW 74.04.510. 99-24-053, § 388-478-0060, filed 11/29/99, effective 12/30/99. Statutory Authority: RCW 74.08.090 and 74.04.510. 99-16-024, § 388-478-0060, filed 7/26/99, effective 9/1/99. Statutory Authority: RCW 74.04.050, 74.04.500, 74.04.510, 74.08.090. 99-05-074, § 388-478-0060, filed 2/17/99, effective 3/20/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-478-0060, filed 7/31/98, effective 9/1/98.]
4077.2 (2) Nonexempt ((clients)) ABAWDs who fail to participate
((are eligible for no more than three months of food
assistance in a thirty-six month period)) may continue to
receive food assistance until September 30, 2010.
(3) ((Except as provided in WAC 388-444-0035, a person))
Beginning October 1, 2010, an ABAWD is not eligible to receive
food assistance for more than three full months in ((the)) a
thirty-six month period ((beginning January 1, 1997)), except
as provided in WAC 388-444-0035, unless that person:
(a) Works at least twenty hours a week averaged monthly; or
(b) Participates in and complies with the requirements of a work program for twenty hours or more per week; or
(c) Participates in a workfare program as provided in WAC 388-444-0040.
(4) A work program is defined as a program under:
(a) The Job Training Partnership Act (JTPA);
(b) Section 236 of the Trade Act of 1974; or
(c) A state-approved employment and training program.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-444-0030, filed 7/31/98, effective 9/1/98.]