WSR 14-07-001 EMERGENCY RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Economic Services Administration) [Filed March 5, 2014, 5:38 p.m., effective March 10, 2014] Effective Date of Rule: March 10, 2014.
Purpose: The department is amending WAC 388-450-0195 Does the department use my utility costs when calculating my Basic Food or WASHCAP benefits?, in order to update the utility allowances for the Washington Basic Food program to include the standard utility allowance, telephone utility allowance and the limited utility allowance. The allowances are used when calculating Basic Food benefits.
Citation of Existing Rules Affected by this Order: Amending WAC 388-450-0195.
Statutory Authority for Adoption: RCW 74.04.005, 74.04.050, 74.04.055, 74.04.057, 74.04.500, 74.04.510, 74.08.090, and 74.08A.120.
Other Authority: The federal Agriculture Reform and Risk Management Act of 2014 (Farm Bill), and the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.) (42 U.S.C. 8624 (f)(2)(A)).
Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.
Reasons for this Finding: The amendments update the utility allowances for Basic Food applying the standard utility allowance, limited utility allowance, and telephone utility allowance when calculating Basic Food benefits as required by the federal Agriculture Reform and Risk Management Act of 2014 (Farm Bill), which was signed into law February 7, 2014.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 1, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: March 4, 2014.
Katherine I. Vasquez
Rules Manager
AMENDATORY SECTION (Amending WSR 14-04-050, filed 1/27/14, effective 2/27/14)
WAC 388-450-0195 Does the department use my utility costs when calculating my Basic Food or WASHCAP benefits?
(((1) We use a standard utility allowance (SUA) of four hundred nine dollars instead of your actual utility costs when we determine your assistance unit's:
(a) Monthly benefits under WAC 388-492-0070 if you receive WASHCAP; or
(b) Shelter cost income deduction under WAC 388-450-0190 for Basic Food.
(2) We considered the average cost of the following utilities to determine the value of the SUA:
(a) Heating and cooling fuel such as electricity, oil, or gas;
(b) Electricity;
(c) Water and sewer;
(d) Well or septic tank installation/maintenance;
(e) Garbage/trash collection; and
(f) Telephone service.
(3) The department uses the SUA if you have utility costs separate from your rent or mortgage payment or if you receive a low income home energy assistance program (LIHEAP) benefit during the year.)) (1) The department uses utility allowances instead of the actual utility costs your assistance unit (AU) pays when we determine your:
(a) Monthly benefits under WAC 388-492-0070 if you receive WASHCAP; or
(b) Shelter cost income deduction under WAC 388-450-0190 for Basic Food.
(2) For Basic Food, "utilities" include the following:
(a) Heating or cooling fuel;
(b) Electricity or gas;
(c) Water and sewer;
(d) Well or septic tank installation/maintenance;
(e) Garbage/trash collection; and
(f) Telephone service.
(3) We use the amounts below if you have utility costs separate from your rent or mortgage payment:
(a) If your AU has heating or cooling costs or receives more than twenty dollars in Low Income Home Energy Assistance Act (LIHEAA) benefits each year, you get a standard utility allowance (SUA) of four hundred nine dollars.
(b) If your AU does not qualify for the SUA and you have any two utility costs listed in subsection (2) of this section, you get a limited utility allowance (LUA) of three hundred thirty dollars.
(c) If your AU has only telephone costs and no other utility costs, you get a telephone utility allowance (TUA) of sixty-five dollars.
(4) If your AU receives Basic Food on March 9, 2014, you receive the SUA through August 2014 regardless of your household's utility expenses unless you have a lapse in your Basic Food benefits.
|