WSR 05-02-013

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed December 27, 2004, 1:33 p.m. , effective January 1, 2005 ]


Purpose: To amend WAC 388-492-0070 How are my WASHCAP food benefits calculated?, effective January 1, 2005, in order to be consistent with a federal waiver amendment regarding how Washington combined application project (WASHCAP) benefits are calculated. Specifically, the department is amending the utility allowance methodology used to calculate WASHCAP benefit amounts. The change will bring the department into compliance with the demonstration project cost-neutrality provisions stipulated in the federal waiver.

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

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090.

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: This emergency rule must be effective January 1, 2005, to comply with an amended food and nutrition services waiver; federal regulations governing combined application projects (CAP) or other demonstration projects are found in 7 C.F.R. 282. The rule and its effective date are necessary to maintain federal funding of the WASHCAP based on compliance with demonstration project cost-neutrality requirements. The department is in the process of amending this rule by regular adoption; a CR-101 preproposal notice is being filed jointly with this filing.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: December 21, 2004.

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3502.1
AMENDATORY SECTION(Amending WSR 04-23-026, filed 11/8/04, effective 12/9/04)

WAC 388-492-0070   How are my WASHCAP food benefits calculated?   We calculate your food benefits as follows:

(1) We begin with your gross income.

(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 three hundred nineteen dollars or more a month for shelter, we use three hundred twenty-nine dollars as your shelter cost; or

(b) If SSA tells us you pay less than three hundred nineteen dollars for shelter, we use one hundred fifty-nine dollars as your shelter cost; and

(c) We add the current ((standard)) limited 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 food 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, you will get at least ten dollars in food benefits each month.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510. 04-23-026, 388-492-0070, filed 11/8/04, effective 12/9/04. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510. 03-21-030, 388-492-0070, filed 10/7/03, effective 12/1/03. Statutory Authority: RCW 74.04.057, 74.04.500, 74.04.510. 03-01-045, 388-492-0070, filed 12/10/02, effective 1/10/03; 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