SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

[Filed June 22, 2022, 10:40 a.m.]

Preproposal statement of inquiry was filed as WSR 22-09-072.

Title of Rule and Other Identifying Information: The department is proposing amendments to WAC 388-436-0050 Determining financial need and benefit amount for CEAP, and 388-478-0005 Cash assistance need and payment standards and grant maximum.

Hearing Location(s): On July 26, 2022, at 10:00 a.m., at Office Building 2, Department of Social and Health Services (DSHS) Headquarters, 1115 Washington [Street S.E.], Olympia, WA 98504. Public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/office-of-the-secretary/driving-directions-office-bldg-2; or virtually. Due to the COVID[-19] pandemic, hearings are being held virtually. Please see the DSHS website for the most up-to-date information.

Date of Intended Adoption: Not earlier than July 27, 2022.

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. on July 26, 2022.

Assistance for Persons with Disabilities: Contact Shelley Tencza, DSHS rules consultant, phone 360-664-6036, fax 360-664-6185, TTY 711 relay service, email Tenczsa@dshs.wa.gov [Tencza@dshs.wa.gov], by 5:00 p.m. on July 12, 2022.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Proposed amendments reflect a change in the temporary assistance for needy families (TANF) and state family assistance (SFA) maximum benefit limit, from an eight-person household to 10-person household, effective July 1, 2022, per the 2021-2023 supplemental operating budget. Amendments update related net income limits and allowable benefit amounts for the consolidated emergency assistance program, which are based on the TANF standards, are also included.

Reasons Supporting Proposal: See above.

Statute Being Implemented: Section 205 (1)(b)(v), chapter 297, Laws of 2022.

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: Sarah Garcia, P.O. Box 45470, Olympia, WA 98504-5770, 360-522-2214.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. This amendment is exempt as allowed under RCW 34.05.328 (5)(b)(vii) which states in part, "[t]his 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 …["]

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 34.05.328 (5)(b)(vii).

Explanation of exemptions: These amendments do not impact small business, only DSHS clients.

Katherine I. Vasquez

AMENDATORY SECTION(Amending WSR 21-21-054, filed 10/15/21, effective 11/15/21)

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 or equal to ((ninety percent))90% of the temporary assistance for needy families (TANF) payment standard. The net income limit for CEAP assistance units is:

Assistance unit members	Net income limit
1	$375
2	475
3	589
4	694
5	799
6	908
7	1,049
8 ((or more))	1,160
9	1,274
10 or more	1,385

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

(a) The TANF payment standard, based on assistance unit size, 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))	9	10 or more
Food	$253	$322	$397	$469	$539	$612	$699	$773	$864		$939
Shelter	308	390	485	572	657	744	863	952	1,048		1,139
Clothing	36	45	56	66	76	89	98	112	127		139
Minor medical care	214	273	338	397	458	516	603	665	736		800
Utilities	105	132	163	191	220	253	292	322	354		385
Household maintenance	76	97	121	140	163	185	214	235	255		277
Job related transportation	417	528	654	771	888	1,009	1,165	1,289	1,416		1,539
Child related transportation	417	528	654	771	888	1,009	1,165	1,289	1,416		1,539

(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 20-20-007, filed 9/24/20, effective 10/25/20)

WAC 388-478-0005Cash assistance need and payment standards and grant maximum.

(1) Need standards for cash assistance programs represent the amount of income required by individuals and families to maintain a minimum and adequate standard of living. Need standards are based on assistance unit size and include basic requirements for food, clothing, shelter, energy costs, transportation, household maintenance and operations, personal maintenance, and necessary incidentals.

(2) Payment standards for assistance units in medical institutions and other facilities are based on the need for clothing, personal maintenance, and necessary incidentals (see WAC 388-478-0006).

(3) Need and payment standards for persons and families who do not reside in medical institutions and other facilities are based on program grant standards.

(((4) Starting July 1, 2012, the monthly cash assistance grant for an assistance unit cannot exceed the payment standard for a family of 8 listed in WAC 388-478-0020(1).))