WSR 02-19-043



(Economic Services Administration)

[ Filed September 11, 2002, 8:24 a.m. , effective October 1, 2002 ]

Date of Adoption: September 6, 2002.

Purpose: The Division of Employment and Assistance Programs is amending WAC 388-450-0185 General information about earned income disregard and income deductions for food assistance programs.

HR 2646, the Farm Security and Rural Investment Act of 2002, requires the department to replace the flat food assistance standard deduction of $134 with a deduction that is the larger amount of 8.31% of the federal poverty rate for the client's assistance unit or $134 whichever is greater. This is capped at the standard for six members. This law requires an implementation date of October 1, 2002, for this provision. This rule amendment will implement the federal requirement.

Citation of Existing Rules Affected by this Order: Amending WAC 388-450-0185.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.057, 74.04.510.

Other Authority: HR 2646 Farm Security and Rural Investment Act of 2002 (Public Law 107-171), Title IV, Section 4103, FNS Administrative Notice 02-33.

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: Federal statute requires the department to adopt rules implementing the new federal requirements by October 1, 2002. Adoption of these rules assure that the state will remain [in] compliance with federal regulations and assure the continued receipt of federal funds while the department complete the full rule-making process.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 1, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Effective Date of Rule: October 1, 2002.

September 6, 2002

Bonita H. Jacques

for Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

AMENDATORY SECTION(Amending WSR 99-16-024, filed 7/26/99, effective 9/1/99)

WAC 388-450-0185    ((General information about earned)) Does the department count all of my income ((disregard and income deductions)) to determine my eligibility and benefits for food assistance ((programs.))?   We subtract the following amounts ((are deducted from a household's income to compute)) from your assistance unit's (AU's) countable income before we determine your food assistance ((program benefits)) benefit amount:

(1) ((One hundred thirty-four dollars per household per month ()) A standard deduction(();)) based on the number of people in your AU under WAC 388-408-0035:

Eligible and ineligible AU members Standard deduction
1 $134
2 $134
3 $134
4 $134
5 $147
6 or more $168

(2) Twenty percent of ((the household's)) your AU's gross earned income (earned income ((disregard)) deduction);

(3) ((The amount of the household's incurred or)) Your AU's expected monthly dependent care expense as described below:

(a) The dependent care must be needed for ((an assistance unit)) AU member to ((seek, accept or continue employment; or)):

(i) Keep work, look for work, or accept work;

(ii) Attend training or education to prepare for employment; or

(iii) Meet employment and training requirements under chapter 388-444 WAC.

(b) ((The care must be needed for an assistance unit member to attend training or education in preparation for to employment;

(c) The expense must be payable to someone outside of the food assistance household; and

(d) The deduction cannot exceed)) We subtract allowable dependent care expenses that are payable to someone outside or your AU:

(i) Up to two hundred dollars for each dependent under age two ((years of age)); ((or)) and

(ii) Up to one hundred seventy-five dollars for each dependent age two or older.

(4) ((Nonreimbursable monthly)) Medical expenses over thirty-five dollars ((incurred or expected to be incurred)) a month owed or anticipated by an elderly or disabled household member as ((specified)) described under WAC 388-450-0200.

(5) Legally obligated current or back child support paid ((for a person who is not a member of the household)) to someone outside of your AU:

(a) For a person who is not in your AU; or

(b) For a person who is in your AU to cover a period of time when they were not living with you.

(6) A portion of your shelter costs as ((provided)) described in WAC 388-450-0190.

[Statutory Authority: RCW 74.08.090 and 74.04.510. 99-16-024, 388-450-0185, filed 7/26/99, effective 9/1/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-450-0185, filed 7/31/98, effective 9/1/98.]

Washington State Code Reviser's Office