WSR 14-12-085
PERMANENT RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
[Filed June 3, 2014, 1:08 p.m., effective July 4, 2014]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The department is amending WAC 388-450-0195 Does the department use my utility costs when calculating my Basic Food or WASHCAP benefits?
The amendments adopt new requirements for a household to receive the standard utility allowance based on receipt of a federal LIHEAP payment and to reinstate the standard utility, limited utility and telephone utility allowances when determining basic food as required by the Agricultural Act of 2014 (Farm Bill) as enacted.
Citation of Existing Rules Affected by this Order: Amending WAC 388-450-0195.
Statutory Authority for Adoption: RCW 74.04.005, 74.04.050, 74.04.055, 74.04.057, 74.04.500, 74.04.510, 74.08.090.
Other Authority: Agricultural Act of 2014 (Farm Bill).
Adopted under notice filed as WSR 14-07-110 on March 19, 2014.
Changes Other than Editing from Proposed to Adopted Version: Subsection (4) of the WAC was changed to extend the date from August 2014 to October 2014. The change is in response to recent guidance provided by FNS that allows us to delay implementation.
WAC
Proposed Rule
Adopted Rule
388-450-0195(4)
If your AU receives Basic Food on March 9, 2014, you receive the SUA through August 2014 regardless of your household's utility expenses unless you have a lapse in your Basic Food benefits.
If your AU receives Basic Food on March 9, 2014, you receive the SUA through October 2014 regardless of your household's utility expenses unless you have a lapse in your Basic Food benefits.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: June 3, 2014.
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 14-04-050, filed 1/27/14, effective 2/27/14)
WAC 388-450-0195 Does the department use my utility costs when calculating my Basic Food or WASHCAP benefits?
(((1) We use a standard utility allowance (SUA) of four hundred nine dollars instead of your actual utility costs when we determine your assistance unit's:
(a) Monthly benefits under WAC 388-492-0070 if you receive WASHCAP; or
(b) Shelter cost income deduction under WAC 388-450-0190 for Basic Food.
(2) We considered the average cost of the following utilities to determine the value of the SUA:
(a) Heating and cooling fuel such as electricity, oil, or gas;
(b) Electricity;
(c) Water and sewer;
(d) Well or septic tank installation/maintenance;
(e) Garbage/trash collection; and
(f) Telephone service.
(3) The department uses the SUA if you have utility costs separate from your rent or mortgage payment or if you receive a low income home energy assistance program (LIHEAP) benefit during the year.)) (1) The department uses utility allowances instead of the actual utility costs your assistance unit (AU) pays when we determine your:
(a) Monthly benefits under WAC 388-492-0070 if you receive WASHCAP; or
(b) Shelter cost income deduction under WAC 388-450-0190 for Basic Food.
(2) For Basic Food, "utilities" include the following:
(a) Heating or cooling fuel;
(b) Electricity or gas;
(c) Water and sewer;
(d) Well or septic tank installation/maintenance;
(e) Garbage/trash collection; and
(f) Telephone service.
(3) We use the amounts below if you have utility costs separate from your rent or mortgage payment:
(a) If your AU has heating or cooling costs or receives more than twenty dollars in Low Income Home Energy Assistance Act (LIHEAA) benefits each year, you get a standard utility allowance (SUA) of four hundred nine dollars.
(b) If your AU does not qualify for the SUA and you have any two utility costs listed in subsection (2) of this section, you get a limited utility allowance (LUA) of three hundred thirty dollars.
(c) If your AU has only telephone costs and no other utility costs, you get a telephone utility allowance (TUA) of sixty-five dollars.
(4) If your AU receives Basic Food on March 9, 2014, you receive the SUA through October 2014 regardless of your household's utility expenses unless you have a lapse in your Basic Food benefits.