Original Notice.

     Preproposal statement of inquiry was filed as WSR 03-06-056 on March 6, 2003.

     Title of Rule: WAC 388-408-0034 What is an assistance unit for food assistance?, 388-408-0035 Who is in my assistance unit for food assistance?, 388-408-0040 How does living in an institution affect my eligibility for food assistance?, 388-408-0045 Am I eligible for food assistance if I live in a shelter for battered women and children?, and 388-408-0050 Does the department consider me homeless for food assistance benefits?

     Purpose: Amend the rules to update the language of department rules, and clarify rules to be consistent with federal regulations for the food stamp program.

     Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510.

     Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510.

     Summary: These rules explain what an assistance unit is for the Washington basic food program, who must be in an assistance unit, and how certain circumstances impact a client's eligibility and assistance unit composition.

     Reasons Supporting Proposal: These changes are necessary to clarify who must be in an assistance unit and allow for consistent statewide application of department rules.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: John Camp, 1009 College S.E., Lacey, WA 98504, (360) 413-3232.

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

     Rule is necessary because of federal law, Title 7 of the Code of Federal Regulations, Part 273 - 273.1.

     Explanation of Rule, its Purpose, and Anticipated Effects: Rule: WAC 388-408-0034 What is an assistance unit for food assistance?, 388-408-0035 Who is in my assistance unit for food assistance?, 388-408-0040 How does living in an institution affect my eligibility for food assistance?, 388-408-0045 Am I eligible for food assistance if I live in a shelter for battered women and children?, and 388-408-0050 Does the department consider me homeless for food assistance benefits?

     Purpose and Effect: See Purpose, Summary, and Reasons Supporting Proposal above.

     Proposal Changes the Following Existing Rules: See Purpose, Summary, and Reasons Supporting Proposal above.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposed rule does not have an economic impact on small businesses; it only affects DSHS clients by clarifying who is in an assistance unit for the Washington basic food program.

     RCW 34.05.328 does not apply to this rule adoption. These amendments are exempt as allowed under RCW 34.05.328 (5)(b)(vii) which states in-part, "[t]his section does not apply to....rules of the department of social and health services relating only to client medical or financial eligibility and rules concerning liability for care of dependents." This rule adopts federal requirements mandated by Title 7 of the Code of Federal Regulations, Part 273 - 273.1 regarding household concept for federal food stamp benefits. The department also applies the same requirements for the state-funded portion of the Washington basic food program.

     Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on September 9, 2003, at 10:00 a.m.

     Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by September 5, 2003, 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, mail to P.O. Box 45850, Olympia, WA 98504-5850, deliver to 4500 10th Avenue S.E., Lacey, WA, fax (360) 664-6185, e-mail fernaax@dshs.wa.gov, by 5:00 p.m., September 9, 2003.

     Date of Intended Adoption: No earlier than September 10, 2003.

July 28, 2003

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

     "We" means the department of social and health services;

     "You" means the person applying for or receiving benefits from the department;

     "Assistance unit" or "AU" is the group of people who live together and whose income and resources we count to decide if you are eligible for benefits and the amount of benefits you get.

     "Boarder" means a person who:

     (1) We decide pays a reasonable amount for lodging and meals; or

     (2) Is in foster care.

     "Live-in attendant" means a person who lives in the home and provides medical, housekeeping, childcare, or similar personal services an AU member needs because:

     (1) A member is aged, incapacitated, or disabled;

     (2) A member of the AU is ill; or

     (3) A minor child in the AU needs childcare.

     "Parent" means a natural, step, or adoptive parent. A stepparent is not a parent to a child if the marriage to the child's natural parent ends due to divorce or death.

     A person who lives with you pays a "reasonable amount" for meals if:

     (1) You provide two or more meals a day and they pay at least the maximum allotment under WAC 388-478-0060 for their AU size; or

     (2) You provide one meal a day and they pay at least two-thirds the maximum allotment under WAC 388-478-0060 for their AU size.

     "Roomer" means a person who pays for lodging, but not meals;

     A person has a "separate residence" from an AU if they have separate living, cooking, and sanitation facilities.

     "Spouse" means your husband or wife through a legally recognized marriage.

[Statutory Authority: RCW 74.04.057, 74.04.500, 74.04.510. 01-21-060, § 388-408-0034, filed 10/16/01, effective 12/1/01.]

     (a) ((Live in the same home as you; and

     (b) Usually purchase and prepare food with you)) Usually buy and fix food with you; or

     (b) You provide meals for them and they pay less than a reasonable amount for meals.

     (2) If the following people live with you, they must be in your AU even if you do not usually ((purchase)) buy and ((prepare)) fix food together:

     (a) Your spouse;

     (b) Your parents if you are under age twenty-two (even if you are married);

     (c) Your children under age twenty-two;

     (d) A child under age eighteen who doesn't live with their parent unless the child:

     (i) Is emancipated;

     (ii) Gets a TANF grant in their own name; or

     (iii) ((Gets income in their own name of)) Is not financially dependent on an adult in the AU because they get and have control of income of at least the TANF payment standard under WAC 388-478-0020(2) before taxes or other withholdings((.

     (e) Someone not listed in (a) through (d) above if:

     (i) You provide meals for them; and

     (ii) They pay less than a reasonable amount for meals)).

     (3) If you live in an institution where you may be eligible for Basic Food under WAC 388-408-0040, we decide who is in your AU as follows:

     (a) If the facility is acting as your authorized representative under WAC 388-460-0015, we include you and anyone who must be in your AU under subsection (2) of this rule; or

     (b) If you apply for benefits on your own, we include you, anyone who must be in your AU under subsection (2) of this rule, and other residents you choose to apply with.

     (4) Anyone who must be in your AU under subsection (((2))) (1) or (((3))) (2) is an ineligible AU member if they:

     (a) Are disqualified for an Intentional Program Violation (IPV) under WAC 388-446-0015;

     (b) ((Did)) Do not meet ABAWD work requirements under WAC 388-444-0030.

     (c) ((Did)) Do not meet work requirements under WAC 388-444-0055;

     (d) ((Did)) Do not provide a social security number under WAC 388-476-0005;

     (e) ((Did)) Do not meet the citizenship or alien status requirements under chapter 388-424 WAC;

     (f) Are fleeing a felony charge or violating a condition of parole or probation under WAC 388-442-0010;

     (g) Are disqualified for a drug-related felony under WAC 388-442-0010.

     (((4))) (5) If your AU has an ineligible member:

     (a) We count the ineligible member's income to ((the)) your AU under WAC 388-450-0140;

     (b) We count all the ineligible members resources to ((the)) your AU; and

     (c) We do not use the ineligible member to determine ((the)) your AU's size for the maximum income amount or allotment under WAC 388-478-0060.

     (((5))) (6) If the following people live in the same home as you, you can choose if we include them in ((the)) your AU:

     (a) A permanently disabled person who is age sixty or over and cannot make their own meals if the total income of everyone else in the home (not counting the elderly and disabled person's spouse) is not more than the one hundred sixty-five percent standard under WAC 388-478-0060;

     (b) A boarder. If you do not include a boarder in your AU, the boarder cannot get Basic Food ((assistance)) benefits in a separate AU;

     (c) A person placed in your home for foster care. If you do not include this person in your AU, they cannot get Basic Food ((assistance)) benefits in a separate AU;

     (d) Roomers; or

     (e) Live-in attendants even if they ((purchase and prepare)) buy and fix food with you.

     (((6))) (7) If someone in your AU is out of your home for a full issuance month, they are not eligible for benefits as a part of your AU.

     (((7))) (8) If someone received Basic Food or Food Stamps in another AU or another state, they cannot receive benefits in your AU for the same period of time with one exception. If you already received Basic Food or Food Stamp benefits:

     (a) In another state, you are not eligible for Basic Food for the period of time covered by the benefits you received from the other state; or

     (b) In another AU, you are not eligible for Basic Food in a different AU for the same period of time;

     (c) In another AU, but you left the AU to live in a shelter for battered women and children under WAC 388-408-0045, you may be eligible to receive benefits in a separate AU.

     (9) The following people who live in your home are not members of your AU. If they are eligible for Basic Food ((assistance)), they may be a separate AU:

     (a) Someone who usually ((purchases and prepares meals)) buys and fixes food separately from your AU if they are not required to be in your AU; or

     (b) Someone who lives in a separate residence.

     (((8))) (10) A student who is ineligible for Basic Food ((assistance)) under WAC 388-482-0005 is not a member of ((the)) your AU.

[Statutory Authority: RCW 74.04.057, 74.04.500, 74.04.510. 01-21-060, § 388-408-0035, filed 10/16/01, effective 12/1/01. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-408-0035, filed 7/31/98, effective 9/1/98.]

     (2) Most residents of institutions are not eligible for Basic Food ((assistance)).

     (3) If you live in one of the following institutions, you may be eligible for Basic Food ((assistance)) even if the institution provides the majority of your meals:

     (a) Federally subsidized housing for the elderly;

     (b) Qualified drug and alcohol treatment centers when an employee of the treatment center is the authorized representative;

     (c) Qualified DDD group homes for persons with disabilities;

     (d) A shelter for battered women and children when the resident left the home that included the abuser; or

     (e) Nonprofit shelters for the homeless.

     (4) A qualified DDD group home is a nonprofit residential facility that:

     (a) Houses sixteen or fewer persons with disabilities as defined under WAC 388-400-0040(6); and

     (b) Is certified by the Division of Developmental Disabilities (DDD).

     (5) A qualified drug and alcohol treatment center is a residential facility that is:

     (a) A nonprofit residential facility; and

     (b) Is certified by the Division of Alcohol and Substance Abuse (DASA).

     (6) Elderly or disabled individuals and their spouses may use Basic Food ((assistance)) benefits to buy meals from the following meal providers if FNS has approved them to accept Basic Food ((assistance)) benefits:

     (a) Communal dining facility; or

     (b) Nonprofit meal delivery service.

     (((6))) (7) If you are homeless, you may use your Basic Food ((assistance)) benefits to buy prepared meals from nonprofit organizations the department has certified as meal providers for the homeless.

[Statutory Authority: RCW 74.04.057, 74.04.500, 74.04.510. 01-21-060, § 388-408-0040, filed 10/16/01, effective 12/1/01. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-408-0040, filed 7/31/98, effective 9/1/98.]

     (2) If you live in a shelter for battered women and children and you left an assistance unit (AU) that included the abuser, ((we certify you a)) as a separate AU for Basic Food ((assistance)):

     (a) You may get additional amount of Basic Food ((assistance)) benefits even if you received benefits with the abuser.

     (b) The department will decide your eligibility and benefits based on:

     (i) The income and resources you have access to; and

     (ii) The expenses you are responsible for.

[Statutory Authority: RCW 74.04.057, 74.04.500, 74.04.510. 01-21-060, § 388-408-0045, filed 10/16/01, effective 12/1/01. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-408-0045, filed 7/31/98, effective 9/1/98.]

     (1) Supervised shelter that provides temporary living or sleeping quarters;

     (2) Halfway house that provides a temporary residence for persons going into or coming out of an institution;

     (3) Residence of another person that is temporary and the client has lived there for ninety days or less; or

     (4) A place not usually used as sleeping quarters for humans.

[Statutory Authority: RCW 74.04.057, 74.04.500, 74.04.510. 01-21-060, § 388-408-0050, filed 10/16/01, effective 12/1/01. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-408-0050, filed 7/31/98, effective 9/1/98.]

© Washington State Code Reviser's Office