WSR 02-20-003

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed September 18, 2002, 3:22 p.m. , effective October 1, 2002 ]

Date of Adoption: September 18, 2002.

Purpose: The department is changing the shelter deduction and threshold at which Washington combined application program (WASHCAP) eligible food assistance recipients can choose to receive regular food assistance, as required by federal rules. Shelter deduction changes are based on the Consumer Price Index.

Citation of Existing Rules Affected by this Order: Amending WAC 388-492-0040 and 388-492-0070.

Statutory Authority for Adoption: RCW 74.04.57 [74.04.057], 74.04.500, and 74.04.510.

Other Authority: 7 C.F.R. 273.9.

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 regulations require a change in the standard deduction and shelter deductions effective October 1 of every year.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 2, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.
Effective Date of Rule: October 1, 2002.

September 18, 2002

Bonita H. Jacques

for Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3168.2
AMENDATORY SECTION(Amending WSR 02-15-148, filed 7/22/02, effective 9/1/02)

WAC 388-492-0040   Can I choose whether I get WASHCAP or regular food assistance?   You can choose to have regular food assistance benefits instead of WASHCAP benefits when:

(1) Your shelter costs are more than four hundred ((eighty)) ninety-nine dollars a month. We count the following items as a shelter cost:

(a) Rent or mortgage;

(b) Property taxes;

(c) Homeowner's insurance (for the building only); or

(d) Mandatory homeowner's association or condo fees.

(2) Your out-of pocket medical expenses are more than thirty-five dollars a month;

(3) You would get more benefits from being in the regular food assistance program; or

(4) You are waiting to receive WASHCAP benefits.

[Statutory Authority: RCW 74.04.57 [74.04.057], 74.04.500, 74.04.510. 02-15-148, 388-492-0040, filed 7/22/02, effective 9/1/02; 01-21-058, 388-492-0040, filed 10/16/01, effective 12/1/01.]


AMENDATORY SECTION(Amending WSR 02-15-148, filed 7/22/02, effective 9/1/02)

WAC 388-492-0070   How are my Washington state combined application program (WASHCAP) benefits calculated?   We calculate your WASHCAP benefits as follows:

(1) We begin with your gross income. (Social Security Administration (SSA) tells us how much income you have.)

(2) We subtract one hundred thirty-four dollars from your gross income to get your countable income.

(3) We figure your shelter cost as follows:

(a) If SSA tells us you pay ((two)) three hundred ((ninety)) two dollars or more a month for shelter, we use three hundred twelve dollars as your shelter cost; or

(b) If SSA tells us you pay ((two)) three hundred ((eighty-nine)) one dollars a month or less for shelter, we use one hundred ((forty-four)) fifty dollars as your shelter cost; and

(c) We add the current standard utility allowance under WAC 388-450-0195 to determine your total shelter cost.

(4) We figure your shelter deduction by subtracting one half of your countable income from your shelter cost.

(5) We figure your net income by subtracting your shelter deduction from your countable income.

(6) We figure your WASHCAP benefits (allotment) by:

(a) Multiplying your net income by thirty percent and rounding up to the next whole dollar; and

(b) Subtracting the result from the maximum allotment under WAC 388-478-0060.

(c) If you are eligible for WASHCAP, your assistance unit will get at least ten dollars food benefits each month.

[Statutory Authority: RCW 74.04.57 [74.04.057], 74.04.500, 74.04.510. 02-15-148, 388-492-0070, filed 7/22/02, effective 9/1/02; 01-21-058, 388-492-0070, filed 10/16/01, effective 12/1/01.]

Washington State Code Reviser's Office