WSR 00-24-052

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

(Division of Assistance Programs)

[ Filed November 30, 2000, 2:46 p.m. ]

Date of Adoption: November 30, 2000.

Purpose: This emergency rule is amended to be consistent with current system processing of categorically eligible cases.

Citation of Existing Rules Affected by this Order: Amending WAC 388-414-0001.

Statutory Authority for Adoption: RCW 74.08.090, 74.04.510.

Other Authority: USDA Administrative Notice 99-46.

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: If this rule is not amended, some applicants and recipients leaving TANF will be incorrectly denied or terminated from food assistance and the state will incur quality control payment errors.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0. Effective Date of Rule: Immediately.

November 30, 2000

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

2789.3
AMENDATORY SECTION(Amending WSR 00-11-035, filed 5/10/00, effective 8/1/00)

WAC 388-414-0001   Some food assistance households do not have to meet all eligibility requirements.   (1) What is "categorical eligibility"?

     Some food assistance households do not have to meet all of the eligibility requirements for food assistance.      The department calls this categorical eligibility.      Categorically eligible households have already met these requirements for another program:

     (a) Resources;

     (b) Gross and net income standards; and

     (c) Residency.

     (2) Who is categorically eligible for food assistance?

     Your household is categorically eligible when:

     (a) All members of your household are getting general assistance (GA) cash benefits;

     (b) All members of your household are getting Supplemental Security Income (SSI) on their own behalf;

     (c) All members of your household are getting either GA or SSI on their own behalf; or

     (d) ((Some members)) A member of your household ((are)) is authorized to receive payments ((or services)) from the following programs and ((you all benefit)) the entire household benefits from the assistance:

     (i) Temporary assistance for needy families (TANF) cash assistance;

     (ii) State family assistance (SFA); or

     (iii) Diversion cash assistance (DCA) ((for the month you receive assistance and the three following months; or

     (iv) TANF post-employment services (as defined in WAC 388-310-1800) as long as your assistance unit meets TANF resource requirements)) You will be categorically eligible for the month you receive DCA and three following months as long as there is one adult relative caretaker with a dependent child in the household.

     (e) You are receiving TANF/SFA cash assistance and become ineligible because your earnings are over the earned income limit in WAC 388-478-0035. You will be categorically eligible for twenty-four months after your TANF/SFA cash assistance ends as long as there is one adult relative caretaker with a dependent child in the household.

[Statutory Authority: RCW 74.08.090, 74.04.510.      00-11-035, § 388-414-0001, filed 5/10/00, effective 8/1/00.      Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090.      98-16-044, § 388-414-0001, filed 7/31/98, effective 9/1/98.]

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