WSR 10-23-119

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed November 17, 2010, 10:00 a.m. , effective December 18, 2010 ]


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

Purpose: The department is amending WAC 388-489-0010 to inform households that transitional food benefits are adjusted based on the change in the household size and the removal of income and expenses belonging to the persons who left the assistance unit. This change is necessary to comply with federal regulations at 7 C.F.R. 273.30, published on January 29, 2010, related to the Farm Security and Rural Investment Act of 2002.

Citation of Existing Rules Affected by this Order: Amending WAC 388-489-0010.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.500, 74.04.510, 74.04.515, 74.08.090, 74.08A.010, 74.08A.903.

Adopted under notice filed as WSR 10-19-128 on September 22, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: November 9, 2010.

Katherine I. Vasquez

Rules Coordinator

4228.2
AMENDATORY SECTION(Amending WSR 05-19-060, filed 9/16/05, effective 11/1/05)

WAC 388-489-0010   How is my transitional food assistance benefit calculated?   (1) We base your transitional food assistance benefit amount on the regular monthly benefit allotment issued to your Basic Food assistance unit for the last month your ((family)) household received temporary assistance for needy families. We will not count your last temporary assistance for needy families grant payment when we calculate your transitional food assistance benefit amount. For example:

(a) If your Basic Food assistance unit's only income was temporary assistance for needy families, the transitional food assistance benefit will be the amount your household would have received if you had no income.

(b) If your Basic Food benefit was calculated using temporary assistance for needy families plus income from another source, we will count only the income from the other source when calculating the transitional food assistance amount.

(2) We will adjust your transitional food assistance benefits if:

(a) Someone who gets transitional food assistance with you leaves your assistance unit and is found eligible to receive Basic Food in another assistance unit. We will ((reduce)) adjust your benefits by:

(i) Reducing your ((transitional food)) assistance ((based on)) unit size by the number of persons who left your assistance unit; and ((become eligible in another Basic Food assistance unit))

(ii) Removing the income and expenses clearly belonging to the persons who left your assistance unit.

(b) A change to the maximum allotment for Basic Food under WAC 388-478-0060 results in an increase in benefits for Basic Food assistance units.

(c) You got an overpayment of Basic Food benefits and we need to adjust the amount we deduct from your monthly benefits to repay the overpayment as required in WAC 388-410-0033. This includes:

(i) Starting a new monthly deduction;

(ii) Changing the amount of the monthly deduction; and

(iii) Ending the monthly deduction when the amount you owe has been paid off.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090, and 74.08A.010. 05-19-060, 388-489-0010, filed 9/16/05, effective 11/1/05.]

Washington State Code Reviser's Office