WSR 02-11-052

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed May 9, 2002, 3:49 p.m. ]

Date of Adoption: May 8, 2002.

Purpose: Federal rules require the department to disregard any income from a new source that a destitute household expects to receive after the date of application. The current WAC excludes income from a new source that the household expects to receive only during the ten days after application. This amendment will allow destitute households to receive the food assistance benefits to which they are entitled.

Citation of Existing Rules Affected by this Order: Amending WAC 388-450-0230.

Statutory Authority for Adoption: RCW 74.08.090 and 74.04.510.

Other Authority: 7 C.F.R. 273.10 (e)(3).

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: The current WAC conflicts with federal regulations and is adversely affecting a significant number of the department's neediest families by denying them the means to a nutritious diet at the point of their greatest need.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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

May 8, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3091.1
AMENDATORY SECTION(Amending WSR 99-24-008, filed 11/19/99, effective 1/1/00)

WAC 388-450-0230   ((Treatment of income in the month of application for destitute)) What income does the department count in the month I apply for food assistance ((households.)) when my assistance unit is destitute?   (1) ((When a migrant or seasonal farm worker is determined)) If your assistance unit (AU) is destitute under WAC 388-406-0021, ((eligibility and benefit amount for the month of application is determined by)) we may exclude some of your income in the month you apply for food assistance.

(2) In the month of application, we:

(a) ((Counting the household's income that is received from)) Count only income received between the first of the month ((through the date of application;)) and the date you apply for food assistance.

(b) ((Excluding)) Disregard any income from a new source that ((the household expects)) you expect to receive ((during the ten days)) after the date ((of application)) you apply for food assistance.

(((2) A household member changing jobs but continuing to work for the same employer is considered to be receiving income from the same source.))

[Statutory Authority: RCW 74.08.090 and 74.04.510. 99-24-008, 388-450-0230, filed 11/19/99, effective 1/1/00. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-450-0230, filed 7/31/98, effective 9/1/98.]

Washington State Code Reviser's Office