WSR 14-02-037 PERMANENT RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Economic Services Administration) [Filed December 23, 2013, 12:28 p.m., effective January 23, 2014] Effective Date of Rule: Thirty-one days after filing.
Purpose: The department is amending 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?
These amendments 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.
Citation of Existing Rules Affected by this Order: Amending WAC 388-400-0050.
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).
Adopted under notice filed as WSR 13-21-124 on October 22, 2013.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: December 17, 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.
(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.
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