WSR 13-21-124
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
[Filed October 22, 2013, 2:01 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-15-108.
Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-400-0050 If I am not eligible for federal benefits through Washington Basic Food program because of my alien status, can I receive benefits through the state-funded food assistance program?
Hearing Location(s): Office Building 2, Auditorium, 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 or by calling (360) 664-6094), on November 26, 2013, at 10:00 a.m.
Date of Intended Adoption: Not earlier than November 27, 2013.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 1115 Washington Street S.E., Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on November 26, 2013.
Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by November 5, 2013, TTY (360) 664-6178 or (360) 664-6094 or e-mail jennisha.johnson@dshs.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amendments proposed under this filing are needed to change the benefit level for the state-funded food assistance program under RCW 74.08A.120. Section 207(5) of 3ESSB 5034 states that the legislature establishes the benefit under the state food assistance program at seventy-five percent of the federal Supplemental Nutrition Assistance Program (SNAP) benefit amount. Prior to July 1, 2013, the benefit amount was fifty percent of the SNAP benefit amount.
Statutory Authority for Adoption: RCW 74.04.005, 74.04.500, 74.04.510, 74.04.515, 74.08.090, 74.08A.120, and 3ESSB 5034 (operating budget).
Statute Being Implemented: RCW 74.04.005, 74.04.500, 74.04.510, 74.04.515, 74.08.090, 74.08A.120, and 3ESSB 5034 (operating budget).
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: Holly St. John, P.O. Box 45470, Olympia, WA 98504-5470, (360) 725-4895.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposed rule does not have an economic impact on small businesses.
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."
October 14, 2013
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 12-18-024, filed 8/27/12, effective 9/27/12)
WAC 388-400-0050 If I am not eligible for federal benefits through Washington Basic Food program because of my alien status, can I receive benefits through the state-funded food assistance program?
(1) If you are not eligible for federally funded Basic Food benefits solely because you do not meet the alien status requirements under WAC 388-424-0020, you may be eligible for the state-funded food assistance program (FAP) if you meet both of the following requirements:
(a) You are a Washington state resident; and
(b) You meet the alien status requirements under WAC 388-424-0030.
(2) FAP follows the same eligibility rules as federally funded Basic Food except for rules related to alien status. A summary of the rules for Basic Food is found in WAC 388-400-0040.
(3) Benefits for FAP are set by the biennial state operating budget as described in RCW 74.08A.120(3). These benefits are calculated as described in subsections (4) and (5) of this section.
(4) If your assistance unit (AU) includes both people who are eligible for federally funded Basic Food benefits and people who are eligible for state-funded FAP benefits, we determine the amount of your federal and state food benefits by applying the following process:
(a) We calculate your AU's monthly benefits under WAC 388-450-0162 as if all the eligible persons in your AU could receive federally funded Basic Food benefits; and
(b) We then calculate your AU's monthly benefits under WAC 388-450-0162 for only the people in your AU who are eligible for federally funded benefits.
If (a) is more than (b)
If (b) is more than (a)
Your AU receives:
• Basic Food benefits in the amount calculated using step (b); and
• FAP benefits equal to ((half)) three fourths the difference between (a) and (b), rounded down to the next whole dollar.
Your AU receives Basic Food benefits in the amount calculated using step (b).
(5) If your AU only includes persons eligible for FAP, we determine the amount of your state-funded FAP benefits by:
(a) Applying the calculation for Basic Food under WAC 388-450-0162 as if all the persons in your AU were eligible to receive Basic Food; and
(b) Issuing FAP benefits to your AU equal to ((half)) three fourths the amount calculated in subsection (5)(a), rounded down to the next whole dollar.