WSR 24-18-090
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
[Filed August 30, 2024, 12:00 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 24-14-141.
Title of Rule and Other Identifying Information: The department of social and health services (DSHS) is proposing to amend WAC 388-492-0070 How are my WASHCAP food benefits calculated?
Hearing Location(s): On October 8, 2024, at 10:00 a.m., virtually via Microsoft Teams or call in. See the DSHS website at https://www.dshs.wa.gov/sesa/rpau/proposed-rules-and-public-hearings for the most current information.
Date of Intended Adoption: Not earlier than October 9, 2024.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, fax 360-664-6185, beginning noon on September 4, 2024, by 5:00 p.m. on October 8, 2024.
Assistance for Persons with Disabilities: Contact Shelley Tencza, rules consultant, phone 360-664-6036, fax 360-664-6185, TTY 711 relay service, email shelley.tencza@dshs.wa.gov, by 5:00 p.m. on September 24, 2024.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These amendments maintain alignment between Washington combined application project (WASHCAP) rules and federal requirements. As a means of maintaining cost neutrality, the United States Department of Agriculture's Food and Nutrition Service periodically adjusts WASHCAP program standards.
Reasons Supporting Proposal: See above.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Alexis Miller, P.O. Box 45470, Olympia, WA 98504-5470, 253-579-3144.
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. These rules are 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
19.85.061 because this rule making is being adopted solely to conform and/or comply with federal statute or regulations. Citation of the specific federal statute or regulation and description of the consequences to the state if the rule is not adopted: Per letter from USDA Food and Nutrition Service.
Is exempt under RCW
19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party; and rules are adopting or incorporating by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule.
Explanation of exemptions: These amendments do not impact small businesses. They only impact DSHS customers.
Scope of exemption for rule proposal:
Is fully exempt.
August 29, 2024
Katherine I. Vasquez
Rules Coordinator
SHS-5046.1
AMENDATORY SECTION(Amending WSR 19-03-023, filed 1/4/19, effective 2/4/19)
WAC 388-492-0070How are my WASHCAP food benefits calculated?
We calculate your Washington state combined application project (WASHCAP) food benefits as follows:
(1) We begin with your gross income.
(2) We subtract the current standard deduction for one person under WAC 388-450-0185 from your gross income to get your countable income.
(3) We figure your shelter cost based on information we receive from the Social Security Administration (SSA) unless you report a change as described under WAC 388-492-0080.
(a) If you pay more than ((three hundred twenty dollars))$320 a month for shelter, we use ((four hundred twenty-five dollars))$460 as your shelter cost.
(b) If you pay ((three hundred twenty dollars))$320 or less a month for shelter, we use ((two hundred ten dollars))$210 as your shelter cost.
(c) We add the current standard utility allowance under WAC 388-450-0195 to the shelter cost we use under either (a) or (b) of this subsection to determine your total shelter cost.
(4) We figure your shelter deduction by subtracting one half of your countable income from your total shelter cost under subsection (3)(c) of this section.
(5) We figure your net income by subtracting your shelter deduction from your countable income and rounding the resulting figure up from ((fifty))50 cents and down from ((forty-nine))49 cents to the nearest whole dollar.
(6) We figure your WASHCAP food benefits (allotment) by:
(a) Multiplying your net income by ((thirty))30 percent and rounding up to the next whole dollar; and
(b) Subtracting the result from the maximum allotment under WAC 388-478-0060.
(7) If you are eligible for WASHCAP, you will get at least the minimum monthly benefit for basic food under WAC 388-412-0015.