SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

[Filed September 14, 2020, 11:10 a.m., effective September 14, 2020, 11:10 a.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: The department is amending WAC 388-436-0040 Excluded income and resources for CEAP, 388-436-0050 Determining financial need and benefit amount for CEAP, and 388-436-0055 What is the disaster cash assistance program (DCAP)?

These amendments are necessary to ensure consolidated emergency assistance and related disaster cash assistance program rules are responsive to current proclaimed states of emergency.

This subsequent emergency adoption amends the emergency rule adopted as WSR 20-17-069.

Citation of Rules Affected by this Order: Amending WAC 388-436-0040, 388-436-0050, and 388-436-0055.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.660, 74.08.090, 74.08A.230.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: This filing is necessary to provide economic relief to people affected by current states of emergency caused by wildfires in addition to the existing COVID-19 emergency. Per Proclamations of the Governor 20-72 and 20-63.2, expanded support through family emergency assistance under RCW 74.04.660 has been authorized.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 3, Repealed 0.

Date Adopted: September 14, 2020.

Katherine I. Vasquez

AMENDATORY SECTION(Amending WSR 04-05-010, filed 2/6/04, effective 3/8/04)

WAC 388-436-0040Excluded income and resources for CEAP.

Resources and income listed below will not be considered in determining need or payment for CEAP:

(1) A home as defined under WAC 388-470-0045;

(2) Liquid resources as defined in WAC 388-470-0045 valued at six thousand dollars or less;

(3) One vehicle, running and used regularly by the assistance unit, with an equity value not to exceed ((one))ten thousand ((five hundred)) dollars);

(((3)))(4) Household furnishings being used by the assistance unit;

(((4)))(5) Personal items being used by members of the assistance unit;

(((5)))(6) Tools and equipment being used in the applicant's occupation;

(((6)))(7) The value of the coupon allotment under the Food Stamp Act of 1977, as amended;

(((7)))(8) Benefits received under the women, infants and children program (WIC) of the Child Nutrition Act of 1966, as amended, and the special food service program for children under the National School Lunch Act, as amended;

(((8)))(9) Energy assistance payments;

(((9)))(10) Grants, loans, or work study to a student under Title IV of the Higher Education Amendments or Bureau of Indian Affairs for attendance costs as identified by the institution;

(((10)))(11) Income and resources of an SSI recipient;

(((11)))(12) Livestock when the products are consumed by members of the assistance unit;

(((12)))(13) All resources and income excluded for the TANF program under WAC 388-470-0045 and by federal law.

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION(Amending WSR 18-09-088, filed 4/17/18, effective 7/1/18)

WAC 388-436-0050Determining financial need and benefit amount for CEAP.

(1) To be eligible for the consolidated emergency assistance program (CEAP), the assistance unit's nonexcluded income, minus allowable deductions, must be less than ((ninety percent of))or equal to the temporary assistance for needy families (TANF) payment standard for households with shelter costs. The net income limit for CEAP assistance units is:

Assistance unit members	Net income limit
1	(($327))$363
2	((413))459
3	((512))569
4	((603))670
5	((695))772
6	((789))877
7	((912))1,103
8 or more	((1,009))1,121

(2) The assistance unit's allowable amount of need is the lesser of:

(a) The TANF payment standard, based on assistance unit size, for households with shelter costs as specified under WAC 388-478-0020; or

(b) The assistance unit's actual emergent need, not to exceed maximum allowable amounts, for the following items:

Need item: Maximum allowable amount by assistance unit size:

	1	2	3	4	5	6	7	8 or more
Food	$220	$280	$345	$408	$469	$532	$608	$672
Shelter	268	339	422	497	571	647	750	828
Clothing	31	39	49	57	66	77	85	97
Minor medical care	186	237	294	345	398	449	524	578
Utilities	91	115	142	166	191	220	254	280
Household maintenance	66	84	105	122	142	161	186	204
Job related transportation	363	459	569	670	772	877	1,013	1,121
Child related transportation	363	459	569	670	772	877	1,013	1,121

(3) The assistance unit's CEAP payment is determined by computing the difference between the allowable amount of need, as determined under subsection (2) of this section, and the total of:

(a) The assistance unit's net income, as determined under subsection (1) of this section and WAC 388-436-0045;

(b) Cash on hand, if not already counted as income; and

(4) The assistance unit is not eligible for CEAP if the amount of income and resources, as determined in subsection (3) of this section, is equal to or exceeds its allowable amount of need.

AMENDATORY SECTION(Amending WSR 08-18-008, filed 8/22/08, effective 9/22/08)

WAC 388-436-0055What is the disaster cash assistance program (DCAP)?

Disaster cash assistance program (DCAP) is paid through the consolidated emergency assistance program (CEAP) and is designed to provide cash assistance to individuals and families who face an emergency and do not have the money to meet their basic needs.

(1) DCAP is available if you meet all of the following:

(a) You suffered losses ((and));

(b) You live in an area that has been declared a disaster for individuals or a state of emergency related to COVID-19 by the Governor((.));

(((b)))(c) In the event of a declared disaster, you are not able to live in your home or you cannot return to your home because of the disaster;

(((c)))(d) Your home in the disaster or emergency area is your primary residence (not a vacation home) and you were living there at the time of the disaster or emergency;

(((d)))(e) You are a resident of Washington state as defined in WAC 388-468-0005;

(((e)))(f) Your net income is under the limits in WAC 388-436-0050(1); and

(((f)))(g) You or your family is not eligible for any other program that could meet your need as stated in WAC 388-436-0030.

(2) Applicants must demonstrate a financial need for emergency funds for one or more of the following basic requirements:

(a) Food;

(b) Shelter;

(d) Minor medical care;

(e) Utilities;

(f) Household maintenance supplies; or

(g) Necessary clothing or transportation costs to accept or retain a job.

(3) Payments under this program are limited to not more than thirty consecutive days within a period of twelve consecutive months. During a period when RCW 74.04.660(1) is suspended or waived by the Governor under RCW 43.06.220, a second thirty-day payment may be received within a period of twelve consecutive months if no more than one payment is related to COVID-19 and no more than one payment is related to a declaration of disaster unrelated to COVID-19.