WSR 11-11-090



(Economic Services Administration)

[ Filed May 18, 2011, 8:56 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 10-21-095.

     Title of Rule and Other Identifying Information: The department is amending WAC 388-416-0005 How long can I get Basic Food?

     Hearing Location(s): Office Building 2, Auditorium, DSHS Headquarters, 1115 Washington Street S.E., Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at or by calling (360) 664-6094), on June 21, 2011, at 10:00 a.m.

     Date of Intended Adoption: Not earlier than June 22, 2011.

     Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 1115 Washington Street S.E., Olympia, WA 98504, e-mail, fax (360) 664-6185, by 5 p.m. on June 21, 2011.

     Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by June 7, 2011, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing to extend the certification period for a Basic Food assistance unit (AU) from up to six months to up to twelve months if the AU:

     •     Includes a nonexempt able-bodied adult without dependents;

     •     Receives services under the Alcohol and Drug Addiction Treatment and Support Act;

     •     Is homeless;

     •     Is a migrant or seasonal farmworker.

     Reasons Supporting Proposal: The proposed amendments will allow all Basic Food AUs that are not receiving benefits under the Washington state combined application project (WASHCAP) to have a consistent certification period of up to twelve months.

     Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.500, 74.04.510, and 74.08.090.

     Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.500, 74.04.510, and 74.08.090.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Department of social and health services, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Kim Chea, P.O. Box 45470, Olympia, WA 98504-5470, (360) 725-4653.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules do not have an economic impact on small businesses.

     A cost-benefit analysis is not required under RCW 34.05.328. 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."

May 13, 2011

Katherine I. Vasquez

Rules Coordinator

AMENDATORY SECTION(Amending WSR 10-07-007, filed 3/4/10, effective 4/4/10)

WAC 388-416-0005   How long can I get Basic Food?   (1) The length of time the department determines your assistance unit (AU) is eligible to get Basic Food is called a certification period. The department may certify your AU for up to twelve months, unless:

     (a) ((Six months if your AU:

     (i) Includes an able-bodied adult without dependents (ABAWD) who receives Basic Food in your AU and your AU does not live in an exempt area as described in WAC 388-444-0030;

     (ii) Includes a person who receives ADATSA benefits as described in chapter 388-800 WAC;

     (iii) Is considered homeless under WAC 388-408-0050; or

     (iv) Includes a migrant or seasonal farmworker as described under WAC 388-406-0021.

     (b) Twelve months if your AU does not meet any of the conditions for six months.

     (2) If)) You receive food assistance under WASHCAP, we set your certification period as described under WAC 388-492-0090.

     (b) You receive transitional food assistance, we set your certification period as described under WAC 388-489-0015.

     (((3) If your AU is homeless or includes an ABAWD when you live in a nonexempt area, we may shorten your certification period.))

     (((4))) (2) We terminate your Basic Food benefits ((when)) before the end of your certification period in subsection (1) if:

     (a) You fail to complete a mid-certification review as described under WAC 388-418-0011;

     (b) We get proof of a change that makes your AU ineligible; or

     (((b))) (c) We get information that your AU is ineligible((;)) and

     (((c))) you do not provide needed information to verify your AU's circumstances.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090, and 74.08A.010. 10-07-007, § 388-416-0005, filed 3/4/10, effective 4/4/10; 05-19-060, § 388-416-0005, filed 9/16/05, effective 11/1/05. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. 05-08-124, § 388-416-0005, filed 4/5/05, effective 6/1/05. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 2004 c 54. 04-19-134, § 388-416-0005, filed 9/21/04, effective 10/1/04. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510. 03-22-039, § 388-416-0005, filed 10/28/03, effective 12/1/03. Statutory Authority: RCW 74.08.090 and 74.04.510. 01-11-107, § 388-416-0005, filed 5/21/01, effective 7/1/01; 99-16-024, § 388-416-0005, 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, § 388-416-0005, filed 7/31/98, effective 9/1/98.]

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