WSR 10-19-132

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed September 22, 2010, 8:43 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-16-149.

Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-436-0015 Consolidated emergency assistance program (CEAP) and 388-436-0030 Eligibility for CEAP depends on other possible cash benefits.

Hearing Location(s): DSHS Office Building 2, Auditorium, 1115 Washington Street S.E., Olympia, WA 98504 (a map or directions are available at http://www1.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6094), on October 26, 2010, at 10:00 a.m.

Date of Intended Adoption: Not earlier than October 27, 2010.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 1115 Washington Street S.E., Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on October 26, 2010.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by October 5, 2010, 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 modify the rules to clarify that TANF/SFA families who have their cash grant terminated under WAC 388-310-1600 may qualify for CEAP even when case closure hasn't occurred within the last six months.

Reasons Supporting Proposal: These changes are being proposed to clarify CEAP rules.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and 74.04.660.

Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and 74.04.660.

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: Stephanie Nielsen, P.O. Box 45470, Olympia, WA 98504-5470, (360) 725-4699.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules do not have an economic impact on small businesses. The proposed amendments clarify that TANF/SFA families who have their cash grant terminated under WAC 388-310-1600 may qualify for CEAP even when case closure hasn't occurred within the last six months.

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." The proposed rules clarify that TANF/SFA families who have their cash grant terminated under WAC 388-310-1600 may qualify for CEAP even when case closure hasn't occurred within the last six months.

September 17, 2010

Katherine I. Vasquez

Rules Coordinator

4231.1
AMENDATORY SECTION(Amending WSR 07-07-103, filed 3/19/07, effective 4/19/07)

WAC 388-436-0015   Consolidated emergency assistance program (CEAP).   (1) CEAP is available to the following persons:

(a) A pregnant woman in any stage of pregnancy; or

(b) Families with dependent children, including, within available funds, families who have stopped receiving their TANF grant ((within the last six months)) under WAC 388-310-1600.

(2) Applicants must be residents of Washington state as defined in WAC 388-468-0005.

(3) 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;

(g) Necessary clothing or transportation costs to accept or retain a job; or

(h) Transportation for a minor, not in foster care, to a home where care will be provided by family members or approved caretakers.

(4) Payment under this program is limited to not more than thirty consecutive days within a period of twelve consecutive months.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. 07-07-103, 388-436-0015, filed 3/19/07, effective 4/19/07. Statutory Authority: RCW 74.04.050, 74.04.055, and 74.04.057. 04-05-013, 388-436-0015, filed 2/6/04, effective 3/8/04. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-436-0015, filed 7/31/98, effective 9/1/98.]


AMENDATORY SECTION(Amending WSR 07-07-103, filed 3/19/07, effective 4/19/07)

WAC 388-436-0030   Eligibility for CEAP depends on other possible cash benefits.   (1) Before the department approves CEAP benefits, we must determine that all household members are ineligible for benefits from any of the following programs:

(a) Temporary assistance for needy families (TANF) or state family assistance (SFA), unless the family has had its cash grant terminated under WAC 388-310-1600 ((within the last six months));

(b) Refugee cash assistance (RCA);

(c) Diversion cash assistance (DCA).

(2) To receive CEAP, the applicant must take any required action to receive benefits from the following programs:

(a) TANF or SFA, unless the family has had its case grant terminated under WAC 388-310-1600 ((within the last six months));

(b) RCA;

(c) Supplemental security income (SSI);

(d) Medical assistance for those applicants requesting help for a medical need;

(e) Food assistance for those applicants requesting help for a food need;

(f) Housing assistance from any available source for those applicants requesting help for a housing need;

(g) Unemployment compensation, veteran's benefits, industrial insurance benefits, Social Security benefits, pension benefits, or any other source of financial benefits the applicant is potentially eligible to receive.

(3) The department may not authorize CEAP benefits to any household containing a member who is receiving reduced cash benefits for failure to comply with program requirements of TANF/SFA or RCA. This restriction does not apply to families who have stopped receiving TANF cash benefits under WAC 388-310-1600 ((within the last six months)).

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. 07-07-103, 388-436-0030, filed 3/19/07, effective 4/19/07. Statutory Authority: RCW 74.04.660. 99-24-130, 388-436-0030, filed 12/1/99, effective 1/1/00. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-436-0030, filed 7/31/98, effective 9/1/98.]

Washington State Code Reviser's Office