WSR 17-16-028 PROPOSED RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Economic Services Administration) [Filed July 21, 2017, 1:02 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-12-029.
Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-450-0140 to comply with federal regulations for income allocation of ineligible assistance unit members of basic food households.
Hearing Location(s): Office Building 2, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/sesa/rules-and-policies-assistance-unit/driving-directions-office-bldg-2), on September 5, 2017, at 10:00 a.m.
Date of Intended Adoption: Not earlier than September 6, 2017.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., September 5, 2017.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, by August 22, 2017, phone (360) 664-6092, TTY (360) 664-6178, or email KildaJA@dshs.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To comply with federal regulations regarding proration of the income of an ineligible assistance unit member. The proposed changes will reduce staff confusion and benefit errors in compliance with federal guidelines.
Reasons Supporting Proposal: See Purpose above.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090, and 7 C.F.R. 273.9.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DSHS, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Ezra Paskus, 712 Pear Street S.E., Olympia, WA 98501, (360) 725-4611.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule does not have an economic impact on small businesses or nonprofits. It only impacts DSHS clients.
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."
July 21, 2017
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 10-15-044, filed 7/13/10, effective 8/1/10)
WAC 388-450-0140 How does the income of an ineligible assistance unit member affect my eligibility and benefits for basic food?
The department decides who must be in your assistance unit (AU) under WAC 388-408-0035. If an AU member is ineligible for basic food under WAC 388-408-0035, this affects your AU's eligibility and benefits as follows:
(1) We do not count the ineligible member(s) to determine your AU size for the gross monthly income limit, net monthly income limit, or maximum allotment under WAC 388-478-0060.
(2) If an AU member is ineligible because they are disqualified for an intentional program violation (IPV), ((they)) failed to meet work requirements under chapter 388-444 WAC, or ((they are)) is an ineligible fleeing felon((s)) under WAC 388-442-0010:
(a) We count all of the ineligible member's gross income as a part of your AU's income; and
(b) We count all of the ineligible member's allowable expenses as part of your AU's expenses.
(3) If an AU member is an ineligible able-bodied adult without dependents (ABAWD) under WAC 388-444-0030, is ineligible due to their alien status, failed to sign the application to state their citizenship or alien status, or refused to get or provide us a Social Security number:
(a) We ((allow the twenty percent earned income disregard for the ineligible member's earned income)) prorate the income of the ineligible member among all the AU members by excluding the ineligible member's share and counting the remainder to the eligible members;
(b) We ((prorate the remaining income of the ineligible member among all the AU members by excluding the ineligible member's share and counting the remainder to the eligible members; and)) allow the twenty percent earned income disregard for the ineligible member's earned income;
(c) We divide the ineligible member's allowable expenses evenly among all members of the AU when the ineligible member has income ((except that we do not divide the standard utility allowance (SUA).))
(d) We allow the full ((SUA based on the total number of members in your)) amount of the utility allowance the AU is eligible for under WAC 388-450-0195.
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