WSR 11-16-030

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed July 27, 2011, 8:05 a.m. , effective August 27, 2011 ]


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

     Purpose: The department is amending WAC 388-416-0005 How long can I get Basic Food?

     This change extends the certification period for a Basic Food assistance unit (AU) from up to six months to up to twelve months if the AU:


Includes a nonexempt able-bodied adult without dependents;
Receives services under the Alcohol and Drug Addiction Treatment and Support Act;
Is homeless; or
Is a migrant or seasonal farmworker.

     These amendments allow all Basic Food AUs that are not receiving benefits under the Washington state combined application project (WASHCAP) to have a consistent certification period of up to twelve months.

     Citation of Existing Rules Affected by this Order: Amending WAC 388-416-0005.

     Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.500, 74.04.510, and 74.08.090.

      Adopted under notice filed as WSR 11-11-090 on May 18, 2011.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 1, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: July 21, 2011.

Katherine I. Vasquez

Rules Coordinator

4273.1
AMENDATORY SECTION(Amending WSR 10-07-007, filed 3/4/10, effective 4/4/10)

WAC 388-416-0005   How long can I get Basic Food?   (1) The length of time the department determines your assistance unit (AU) is eligible to get Basic Food is called a certification period. The department may certify your AU for up to twelve months, unless:

     (a) ((Six months if your AU:

     (i) Includes an able-bodied adult without dependents (ABAWD) who receives Basic Food in your AU and your AU does not live in an exempt area as described in WAC 388-444-0030;

     (ii) Includes a person who receives ADATSA benefits as described in chapter 388-800 WAC;

     (iii) Is considered homeless under WAC 388-408-0050; or

     (iv) Includes a migrant or seasonal farmworker as described under WAC 388-406-0021.

     (b) Twelve months if your AU does not meet any of the conditions for six months.

     (2) If)) You receive food assistance under WASHCAP, we set your certification period as described under WAC 388-492-0090.

     (b) You receive transitional food assistance, we set your certification period as described under WAC 388-489-0015.

     (((3) If your AU is homeless or includes an ABAWD when you live in a nonexempt area, we may shorten your certification period.))

     (((4))) (2) We terminate your Basic Food benefits ((when)) before the end of your certification period in subsection (1) if:

     (a) You fail to complete a mid-certification review as described under WAC 388-418-0011;

     (b) We get proof of a change that makes your AU ineligible; or

     (((b))) (c) We get information that your AU is ineligible((;)) and

     (((c))) you do not provide needed information to verify your AU's circumstances.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090, and 74.08A.010. 10-07-007, § 388-416-0005, filed 3/4/10, effective 4/4/10; 05-19-060, § 388-416-0005, filed 9/16/05, effective 11/1/05. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. 05-08-124, § 388-416-0005, filed 4/5/05, effective 6/1/05. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 2004 c 54. 04-19-134, § 388-416-0005, filed 9/21/04, effective 10/1/04. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510. 03-22-039, § 388-416-0005, filed 10/28/03, effective 12/1/03. Statutory Authority: RCW 74.08.090 and 74.04.510. 01-11-107, § 388-416-0005, filed 5/21/01, effective 7/1/01; 99-16-024, § 388-416-0005, 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, § 388-416-0005, filed 7/31/98, effective 9/1/98.]

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