SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

[Filed January 28, 2021, 10:47 a.m., effective January 28, 2021, 10:47 a.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: The department is extending emergency amendments to the following rules, which implement annual adjustments to standards for the Washington basic food program: WAC 388-450-0185 What income deductions does the department allow when determining if I am eligible for food benefits and the amount of my monthly benefits?, 388-450-0190 How does the department figure my shelter cost income deduction for basic food?, and 388-450-0195 Does the department use my utility costs when calculating my basic food or WASHCAP benefits?

The department is extending emergency amendments to the following rule which implement annual adjustments to standards, and is also incorporating amendments to the rule that reflect a fifteen percent increase to maximum allotments allowed by H.R.133 Consolidated Appropriations Act 2021: WAC 388-478-0060 What are the income limits and maximum benefit amounts for basic food?

The department filed a CR-101 Preproposal statement of inquiry on October 5, 2020, as WSR 20-20-102 and a CR-102 Proposed rule making as WSR 20-24-056 on November 24, 2020, to begin the permanent rule-making process. The department held a public rule-making hearing on January 5, 2021. The department is also planning to file a supplemental CR-102 Proposed rule making and hold a second public rule-making hearing based on amendments to WAC 388-478-0060.

Citation of Rules Affected by this Order: Amending WAC 388-450-0185, 388-450-0190, 388-450-0195, and 388-478-0060.

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, 74.08A.120.

Other Authority: 7 C.F.R. §§ 273.9 (a)(3), (d)(6)(iii), "USDA, Food and Nutrition Service, SNAP—Fiscal Year 2021 Cost-of-Living Adjustments (July 29, 2020)," "USDA, Food and Nutrition Service, Standard Utility Allowance approval letter (August 4, 2020)," and H.R.133 Consolidated Appropriations Act 2021.

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: Under federal Supplemental Nutrition Assistance Program law (7 C.F.R. §§ 273.9), the department is required to use federally prescribed income eligibility standards, as revised October 1 of each year; and make annual adjustments to standard utility allowances reflecting changes in costs. Additionally, H.R.133 Consolidated Appropriations Act 2021 increased maximum food assistance allotments by fifteen percent from January 1, 2021, through June 30, 2021.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 4, 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 4, Repealed 0.

Date Adopted: January 27, 2021.

Katherine I. Vasquez

AMENDATORY SECTION(Amending WSR 20-04-021, filed 1/27/20, effective 2/27/20)

WAC 388-450-0185What income deductions does the department allow when determining if I am eligible for food benefits and the amount of my monthly benefits?

(1) We determine if your assistance unit (AU) is eligible for basic food and calculate your monthly benefits according to requirements of the Food and Nutrition Act of 2008 and federal regulations related to the supplemental nutrition assistance program (SNAP).

(2) Under these federal laws, we subtract the following amounts from your AU's total monthly income to determine your countable monthly income under WAC 388-450-0162:

(a) A standard deduction based on the number of eligible people in your AU under WAC 388-408-0035:

Eligible AU members	Standard deduction
3 or less	$167
4	(($178))$181
5	(($209))$212
6 or more	(($240))$243

(b) Twenty percent of your AU's gross earned income (earned income deduction);

(i) Keep work, look for work, or accept work;

(ii) Attend training or education to prepare for employment; or

(iii) Meet employment and training requirements under chapter 388-444 WAC;

(d) Medical expenses over thirty-five dollars a month owed or anticipated by an elderly or disabled person in your AU as allowed under WAC 388-450-0200; and

(e) A portion of your shelter costs as described in WAC 388-450-0190.

AMENDATORY SECTION(Amending WSR 20-04-021, filed 1/27/20, effective 2/27/20)

WAC 388-450-0190How does the department figure my shelter cost income deduction for basic food?

The department calculates your shelter cost income deduction for basic food as follows:

(1) First, we add up the amounts your assistance unit (AU) must pay each month for shelter. We do not count any overdue amounts, late fees, penalties, or mortgage payments you make ahead of time as allowable shelter costs. We count the following expenses as an allowable shelter cost in the month the expense is due:

(a) Monthly rent, lease, and mortgage payments;

(b) Property taxes;

(d) Homeowner's insurance for the building only;

(e) Utility allowance your AU is eligible for under WAC 388-450-0195;

(f) Out-of-pocket repairs for the home if it was substantially damaged or destroyed due to a natural disaster such as a fire or flood;

(g) Expense of a temporarily unoccupied home because of employment, training away from the home, illness, or abandonment caused by a natural disaster or casualty loss if your:

(i) AU intends to return to the home;

(ii) AU has current occupants who are not claiming the shelter costs for basic food purposes; and

(iii) AU's home is not being leased or rented during your AU's absence.

(h) A homeless AU with shelter costs is eligible for a homeless shelter expense deduction of one hundred ((fifty-two))fifty-seven dollars. If the homeless AU has shelter costs in excess of one hundred ((fifty-two))fifty-seven dollars, the AU has the option to claim either:

(i) The homeless shelter deduction; or

(ii) Actual shelter costs.

(2) Second, we subtract all deductions your AU is eligible for under WAC 388-450-0185 (2)(a) through (2)(d) from your AU's gross income. The result is your AU's countable income.

(3) Finally, we subtract one-half of your AU's countable income from your AU's total shelter costs. The result is your excess shelter costs. Your AU's shelter cost deduction is the excess shelter costs:

(a) Up to a maximum of five hundred ((sixty-nine))eighty-six dollars if no one in your AU is elderly or disabled; or

(b) The entire amount if an eligible person in your AU is elderly or disabled, even if the amount is over five hundred ((sixty-nine))eighty-six dollars.

AMENDATORY SECTION(Amending WSR 20-04-021, filed 1/27/20, effective 2/27/20)

WAC 388-450-0195Does the department use my utility costs when calculating my basic food or WASHCAP benefits?

(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 Washington state combined application project (WASHCAP); or

(b) Shelter cost income deduction under WAC 388-450-0190 for basic food.

(2) We use the following amounts 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 program (LIHEAP) benefits each year, you get a standard utility allowance (SUA) of four hundred ((thirty-seven))forty-nine dollars.

(b) If your household does not receive a LIHEAP payment and the reason is solely because of your immigration status, you get a SUA of four hundred ((thirty-seven))forty-nine dollars.

(c) If your AU does not qualify for the SUA and you have any two utility costs listed in subsection (3) of this section, you get a limited utility allowance (LUA) of three hundred ((forty-three))fifty-two dollars.

(d) If your AU has only telephone costs and no other utility costs, you get a telephone utility allowance (TUA) of ((fifty-eight))fifty-nine dollars.

(3) "Utility costs" include the following:

(a) Heating or cooling fuel;

(b) Electricity or gas;

(d) Sewer;

(e) Well installation/maintenance;

(f) Septic tank installation/maintenance;

(g) Garbage/trash collection; and

(h) Telephone service.

(4) If you do not have a utility cost separate from your rent or mortgage payment and do not receive low income energy assistance program (LIHEAP), you do not receive a utility allowance.

AMENDATORY SECTION(Amending WSR 20-04-021, filed 1/27/20, effective 2/27/20)

WAC 388-478-0060What are the income limits and maximum benefit amounts for basic food?

(1) If your assistance unit (AU) meets all other eligibility requirements for basic food, your AU must have income at or below the limits in columns B and C of this subsection to get basic food, unless you meet one of the exceptions listed below in subsection (2) of this section.

(a) The maximum monthly food assistance benefit your AU could receive is listed in column D of this subsection.

(b) From January 1, 2021 through June 30, 2021, the maximum monthly food assistance benefit your AU could receive is listed in column E of this subsection.

EFFECTIVE ((10/1/2019))10/1/2020
Column A Number of Eligible AU Members	Column B Maximum Gross Monthly Income	Column C Maximum Net Monthly Income	Column D Maximum Allotment	Column E 115% Max Allotment	Column ((E))F 165% of Poverty Level
1	(($1,354)) $1,383	(($1,041))$1,064	(($194)) $204	$234	(($1,718)) $1,755
2	((1,832))1,868	((1,410)) 1,437	((355)) 374	430	((2,326)) 2,371
3	((2,311))2,353	((1,778)) 1,810	((509)) 535	616	((2,933)) 2,987
4	((2,790))2,839	((2,146)) 2,184	((646)) 680	782	((3,541)) 3,603
5	((3,269))3,324	((2,515)) 2,557	((768)) 807	929	((4,149)) 4,219
6	((3,748))3,809	((2,883)) 2,930	((921)) 969	1,114	((4,757)) 4,835
7	((4,227))4,295	((3,251)) 3,304	((1,018)) 1,071	1,232	((5,364)) 5,451
8	((4,705))4,780	((3,620))3,677	((1,164)) 1,224	1,408	((5,972)) 6,067
9	((5,184))5,266	((3,989)) 4,051	((1,310)) 1,377	1,584	((6,580)) 6,683
10	((5,663))5,752	((4,358)) 4,425	((1,456)) 1,530	1,760	((7,188)) 7,299
Each Additional Member	((+479)) +486	((+369)) +374	((+146)) +153	+176	((+608)) +616

(2) Exceptions:

(a) If your AU is categorically eligible as under WAC 388-414-0001, your AU does not have to meet the gross or net income standards in columns B and C of subsection (1) of this section. We budget your AU's income to decide the amount of basic food your AU will receive.

(b) If your AU includes a member who is sixty years of age or older or has a disability, your AU's income must be at or below the limit in column C of subsection (1) of this section.

(c) If you are sixty years of age or older and cannot buy and cook your own meals because of a permanent disability, we will use column E of subsection (1) of this section to decide if you can be a separate AU.

(d) If your AU has zero income, your benefits are the maximum allotment in column D of subsection (1) of this section, based on the number of eligible members in your AU.