WSR 02-14-098

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed July 1, 2002, 4:41 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-11-062.

Title of Rule: WAC 388-450-0230 Treatment of income in the month of application for destitute food assistance households.

Purpose: The Division of Employment and Assistance Programs is amending the rule to comply with federal requirements on how to treat income of a destitute migrant or seasonal farmworker in the month of application.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 7 C.F.R. 273.10.

Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 7 C.F.R. 273.10.

Summary: WAC 388-450-0230, explains what income can be excluded for a destitute migrant or seasonal farmworker in the month they apply for food assistance.

Reasons Supporting Proposal: In certain situations, the United States Department of Agriculture, Food and Nutrition Service (FNS) requires the department to disregard a portion of a migrant or seasonal farm worker's income during the month they apply for benefits if they are considered destitute based on FNS definitions. This rule change will implement the federal requirements.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: John Camp, Division of Employment and Assistance Programs, P.O. Box 45480, Olympia, WA 98504-5480, (360) 413-3232.

Name of Proponent: Department of Social and Health Services, governmental.

Rule is necessary because of federal law, 7 C.F.R. 273.10.

Explanation of Rule, its Purpose, and Anticipated Effects: WAC 388-450-0230, explains what income can be excluded for a destitute migrant or seasonal farmworker in the month they apply for food assistance.

Proposal Changes the Following Existing Rules: The change adopts the federal requirements to count only certain income during the month of application for destitute migrant or seasonal farmworkers.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The changes affect only client eligibility for services and as a result of these rules do not affect small businesses and is exempt from requirements of chapter 19.85 RCW.

RCW 34.05.328 does not apply to this rule adoption. This proposed rule is a "rule of the department of social and health services relating only to client medical or financial eligibility," and is exempt under RCW 34.05.328 (5)(b)(vii).

Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on August 6, 2002, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by August 2, 2002, phone (360) 664-6094, TTY (360) 664-6178, e-mail FernAX@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, e-mail fernaax@dshs.wa.gov by 5:00 p.m., August 6, 2002.

Date of Intended Adoption: No earlier than August 7, 2002.

June 28, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3091.2
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) includes a migrant or seasonal farmworker and your 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; and

(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