WSR 15-20-040 EMERGENCY RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Economic Services Administration) [Filed September 29, 2015, 9:09 a.m., effective October 1, 2015] Effective Date of Rule: October 1, 2015.
Purpose: In order to implement annual adjustments to standards for the Washington Basic Food program, the department is amending WAC 388-450-0185 What income deductions does the department allow when determining if I am eligible for food benefits and the amount of my monthly benefits?, 388-450-0190 How does the department figure my shelter cost income deduction for Basic Food?, 388-450-0195 Does the department use my utility costs when calculating my Basic Food or WASHCAP benefits?, and 388-478-0060 What are the income limits and maximum benefit amounts for Basic Food?
Citation of Existing Rules Affected by this Order: Amending WAC 388-450-0185, 388-450-0190, 388-450-0195, and 388-478-0060.
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, and 74.08A.120.
Other Authority: These amendments support the United States Department of Agriculture (USDA), Food and Nutrition Service (FNS), per supplemental nutrition assistance program (SNAP) Administrative Notice 15-28: SNAP - Fiscal Year (FY) 2016 Cost-of-Living Adjustments (COLAs) dated August 11, 2015; update Basic Food standards for federal FY 2016; update the Basic Food standard utility allowance (SUA) and limited utility allowance (LUA) used when determining Basic Food benefits; and update the Basic Food SUA and LUA used when determining Basic Food benefits per SNAP 10-6-WA-SUA dated August 18, 2015.
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: The department is required to use federally prescribed income eligibility standards, which are revised effective October 1 of each year, as stated in 7 C.F.R. s. 273.9.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 4, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.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 4, Repealed 0.
Date Adopted: September 2, 2015.
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 15-02-041, filed 1/2/15, effective 2/2/15)
WAC 388-450-0185 What income deductions does the department allow when determining if I am eligible for food benefits and the amount of my monthly benefits?
We determine if your assistance unit (AU) is eligible for Basic Food and calculate your monthly benefits according to requirements of the Food and Nutrition Act of 2008 and federal regulations related to the supplemental nutrition assistance program (SNAP).
These federal laws allow us to subtract only the following amounts from your AU's total monthly income to determine your countable monthly income under WAC 388-450-0162:
(1) A standard deduction based on the number of eligible people in your AU under WAC 388-408-0035:
(2) Twenty percent of your AU's gross earned income (earned income deduction);
(3) Your AU's expected monthly dependent care expense needed for an AU member to:
(a) Keep work, look for work, or accept work;
(b) Attend training or education to prepare for employment; or
(c) Meet employment and training requirements under chapter 388-444 WAC.
(4) Medical expenses over thirty-five dollars a month owed or anticipated by an elderly or disabled person in your AU as allowed under WAC 388-450-0200.
(5) A portion of your shelter costs as described in WAC 388-450-0190.
AMENDATORY SECTION (Amending WSR 15-02-041, filed 1/2/15, effective 2/2/15)
WAC 388-450-0190 How does the department figure my shelter cost income deduction for Basic Food?
The department calculates your shelter cost income deduction as follows:
(1) First, we add up the amounts your assistance unit (AU) must pay each month for shelter. We do not count any overdue amounts, late fees, penalties or mortgage payments you make ahead of time as an allowable cost. We count the following expenses as an allowable shelter cost in the month the expense is due:
(a) Monthly rent, lease, and mortgage payments;
(b) Property taxes;
(c) Homeowner's association or condo fees;
(d) Homeowner's insurance for the building only;
(e) Utility allowance your AU is eligible for under WAC 388-450-0195;
(f) Out-of-pocket repairs for the home if it was substantially damaged or destroyed due to a natural disaster such as a fire or flood;
(g) Expense of a temporarily unoccupied home because of employment, training away from the home, illness, or abandonment caused by a natural disaster or casualty loss if your:
(i) AU intends to return to the home;
(ii) AU has current occupants who are not claiming the shelter costs for Basic Food purposes; and
(iii) AU's home is not being leased or rented during your AU's absence.
(2) Second, we subtract all deductions your AU is eligible for under WAC 388-450-0185 (1) through (4) from your AU's gross income. The result is your AU's countable income.
(3) Finally, we subtract one-half of your AU's countable income from your AU's total shelter costs. The result is your excess shelter costs. Your AU's shelter cost deduction is the excess shelter costs:
(a) Up to a maximum of ((four)) five hundred ((ninety)) four dollars if no one in your AU is elderly or disabled; or
(b) The entire amount if an eligible person in your AU is elderly or disabled, even if the amount is over ((four)) five hundred ((ninety)) four dollars.
AMENDATORY SECTION (Amending WSR 15-02-041, filed 1/2/15, effective 2/2/15)
WAC 388-450-0195 Does the department use my utility costs when calculating my Basic Food or WASHCAP benefits?
(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;
(d) Sewer;
(e) Well installation/maintenance;
(f) Septic tank installation/maintenance;
(g) Garbage/trash collection; and
(h) 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 ((fifteen)) twenty 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-six)) forty 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.
AMENDATORY SECTION (Amending WSR 15-02-041, filed 1/2/15, effective 2/2/15)
WAC 388-478-0060 What are the income limits and maximum benefit amounts for Basic Food?
If your assistance unit (AU) meets all other eligibility requirements for Basic Food, your AU must have income at or below the limits in column B and C to get Basic Food, unless you meet one of the exceptions listed below. The maximum monthly food assistance benefit your AU could receive is listed in column D.
Exceptions:
(1) If your AU is categorically eligible as under WAC 388-414-0001, your AU does not have to meet the gross or net income standards in columns B and C. We do budget your AU's income to decide the amount of Basic Food your AU will receive.
(2) If your AU includes a member who is sixty years of age or older or has a disability, your income must be at or below the limit in column C only.
(3) If you are sixty years of age or older and cannot buy and cook your own meals because of a permanent disability, we will use column E to decide if you can be a separate AU.
(4) If your AU has zero income, your benefits are the maximum allotment in column D, based on the number of eligible members in your AU.
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