WSR 02-04-095

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed February 5, 2002, 12:41 p.m. ]

Date of Adoption: February 1, 2002.

Purpose: The Division of Employment and Assistance Programs, Office of Refugee and Immigrant Assistance, is amending WAC 388-400-0030 Refugee cash assistance -- Summary of eligibility requirements, to bring it in compliance with new WAC 388-466-0120 Refugee cash assistance and 388-466-0140 Income and resources for refugee cash assistance.

Citation of Existing Rules Affected by this Order: Amending WAC 388-400-0030.

Statutory Authority for Adoption: RCW 74.08.090, 74.04.050, and 74.08A.320.

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: In response to change in federal and state regulations and in order to continue to meet the federal refugee funding requirements.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 1, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

February 1, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3042.2
AMENDATORY SECTION(Amending WSR 01-06-031, filed 3/2/01, effective 4/1/01)

WAC 388-400-0030   ((How do I qualify for)) Refugee cash assistance((?)) -- Summary of eligibility requirements.   (1) To be eligible for refugee cash assistance (RCA), you must:

(a) Provide the name of the voluntary agency (VOLAG) which resettled you; ((and))

(b) Meet the((:

(i))) immigration status requirements of WAC 388-466-0005;

(((ii) Work)) (c) Meet employment and training requirements of WAC ((388-466-0015)) 388-466-0150;

(((iii))) and

(d) Meet income and resource requirements ((under chapters 388-450 and 388-470 WAC with exceptions as provided under WAC 388-466-0010)) of WAC 388-466-0140.

(2) You are not eligible to receive RCA if you:

(a) Are eligible for temporary assistance for needy families (TANF) or Supplemental Security Income;

(b) Have been denied TANF or have been terminated from TANF due to intentional noncompliance with TANF eligibility requirements; or

(c) Are a full-time student in an institution of higher education.

(3) ((If you are a refugee family and have children who are United States citizens, we treat you as a single assistance unit under chapter 388-408 WAC.

(4))) We determine your eligibility and benefit level for RCA using the TANF payment standards under WAC 388-478-0020.

(((5))) (4) If you are eligible for RCA ((and are pregnant or have a dependent child)) you may also be eligible for additional requirements for emergent needs under WAC 388-436-0002.

(((6))) (5) If you meet the requirements of this section you are eligible for refugee cash assistance only during the eight-month period beginning((:

(a) The date asylum is granted if you are an asylee; or

(b))) in the first month you entered the United States ((if you are not an asylee)) (WAC 388-466-0120).

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, and 74.08.090. 01-06-031, 388-400-0030, filed 3/2/01, effective 4/1/01; 98-16-044, 388-400-0030, filed 7/31/98, effective 9/1/98.]

Washington State Code Reviser's Office