WSR 13-11-043

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

(Community Services Division)

[ Filed May 13, 2013, 11:03 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 13-07-070.

Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-492-0030 Who can get WASHCAP?

Hearing Location(s): Office Building 2, Lookout Room, 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), on June 25, 2013, at 10:00 a.m.

Date of Intended Adoption: Not earlier than June 26, 2013.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 10:00 a.m. on June 25, 2013.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by May 22, 2013, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at jennisha.johnson@dshs.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing to amend WAC 388-492-0030 to correct numbering reference in WAC 388-492-0030 (2)(g) by replacing "WAC 388-400-0040 (14)(b) and (e)" language with "WAC 388-400-0040(12)."

Reasons Supporting Proposal: These changes are necessary to incorporate federal regulations regarding the allowable use of SNAP benefits.

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

Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.500, 74.08.090, 74.08A.903.

Rule is necessary because of federal law, Title 7 C.F.R. Part 273.

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, (360) 725-4895.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These amendments are exempt as allowed under RCW 34.05.328 (5)(b)(vii) which states in part, "this 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."

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, "this 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 13, 2013

Katherine I. Vasquez

Rules Coordinator

4401.1
AMENDATORY SECTION(Amending WSR 10-23-115, filed 11/17/10, effective 12/18/10)

WAC 388-492-0030   Who can get WASHCAP?   (1) You can get WASHCAP food benefits if:

(a) You are eligible to receive federal SSI benefits; and

(b) You are eighteen years of age or older; and

(c) You live alone, or SSA considers you as a single household; or

(d) You are age eighteen through twenty-one, living with your parent(s) who do not get Basic Food benefits, and you purchase food separately; or

(e) You live with others but buy and cook your food separately from them; and

(f) You do not have earned income when you apply for SSI; or

(g) You already get WASHCAP food benefits and become employed and receive earned income for less than three consecutive months and are still eligible to receive federal SSI cash benefits; or

(h) You already get WASHCAP and move to an institution for ninety days or less.

(2) You are not eligible for WASHCAP food benefits if:

(a) You live in an institution;

(b) You are under age eighteen;

(c) You live with your spouse;

(d) You are under age twenty-two and you live with your parent(s) who are getting Basic Food benefits;

(e) You begin working after you have been approved for WASHCAP and have earned income for more than three consecutive months;

(f) You live with others and do not buy and cook your food separately from them; or

(g) You are ineligible for Basic Food benefits under WAC 388-400-0040 (((14)(b) and (e))) (12).

(3) We use SSA information to determine your WASHCAP eligibility.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.500, 74.08.090, 74.08A.903, and 7 C.F.R. 273.23. 10-23-115, 388-492-0030, filed 11/17/10, effective 12/18/10. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090. 04-23-026, 388-492-0030, filed 11/8/04, effective 12/9/04. Statutory Authority: RCW 74.04.57 [74.04.057], 74.04.500, 74.04.510. 02-15-148, 388-492-0030, filed 7/22/02, effective 9/1/02; 01-21-058, 388-492-0030, filed 10/16/01, effective 12/1/01.]