SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
Effective Date of Rule: August 1, 2010.
Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: This rule becomes permanent effective August 1, 2010, which is less than thirty-one days after filing. RCW 34.05.380 (3)(a) states that a rule may become effective on a subsequent earlier date if the action is required by state of federal constitution, a statue [statute] or court order. USDA Food and Nutrition Service final rules for the Farm Security and Rural Investment Act (FSRIA) of 2002 (farm bill) final rule announcement included new procedures for not allowing the proration of mandatory standard utility allowances (SUA) for eligible assistance unit members when there are ineligible members that have income and pay part of the utility expenses, which are required to be in effect on August 1, 2010.
Purpose: The community services division is amending WAC 388-450-0140 to comply with the FSRIA final rule announcement and bring Washington's Basic Food program rules in line with new federal regulations and secure federal financial support for program benefits.
Citation of Existing Rules Affected by this Order: Amending WAC 388-450-0140.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 74.08.090.
Other Authority: 7 U.S.C. 2014 (e)(7); 7 C.F.R. § 273.9 (d)(6).
Adopted under notice filed as WSR 10-11-037 on May 11, 2010.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: July 9, 2010.
Katherine I. Vasquez
(1) We do not count the ineligible member(s) to determine your AU size for the gross monthly income limit, net monthly income limit, or maximum allotment under WAC 388-478-0060.
(2) If an AU member is ineligible because they are disqualified for an intentional program violation (IPV), they failed to meet work requirements under chapter 388-444 WAC, or they are ineligible fleeing felons under WAC 388-442-0010:
(a) We count all of the ineligible member's gross income as a part of your AU's income; and
(b) We count all of the ineligible member's allowable expenses as part of your AU's expenses.
(3) If an AU member is an ineligible ABAWD under WAC 388-444-0030, is ineligible due to their alien status, failed to sign the application to state their citizenship or alien status, or refused to get or provide us a Social Security number:
(a) We allow the twenty percent earned income disregard for the ineligible member's earned income;
(b) We prorate the remaining income of the ineligible member among all the AU members by excluding the ineligible member's share and counting the remainder to the eligible members; and
(c) We divide the ineligible member's allowable expenses evenly among all members of the AU when the ineligible member has income except that we do not divide the standard utility allowance (SUA). We allow the full SUA based on the total number of members in your AU.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 2004 c 54. 04-14-040, § 388-450-0140, filed 6/29/04, effective 7/30/04. Statutory Authority: RCW 74.04.057, 74.04.500, 74.04.510. 02-06-089, § 388-450-0140, filed 3/1/02, effective 3/26/02; 01-21-060, § 388-450-0140, filed 10/16/01, effective 12/1/01. Statutory Authority: RCW 74.08.090 and 74.04.510. 99-16-024, § 388-450-0140, 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, § 388-450-0140, filed 7/31/98, effective 9/1/98.]