WSR 16-20-059 EMERGENCY RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Economic Services Administration) [Filed September 30, 2016, 2:41 p.m., effective October 1, 2016] Effective Date of Rule: October 1, 2016.
Purpose: The department is amending WAC 388-492-0040 Can I choose whether I get WASHCAP food benefits or basic food benefits? and 388-492-0070 How are my WASHCAP food benefits calculated?, to implement annual adjustments to standards for the Washington combined application project. These changes are necessary to ensure that the project complies with the requirements of 7 C.F.R. 282.1(a) to stay cost neutral with supplemental nutrition assistance program benefits provided under the Washington basic food program.
Citation of Existing Rules Affected by this Order: Amending WAC 388-492-0040 and 388-492-0070.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.500, 74.04.510, 74.08.090.
Other Authority: Food and Nutrition Act of 2008, 7 C.F.R. 273.1(a), 7 C.F.R. 273.9, 7 C.F.R. 282.1(a).
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. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.
Date Adopted: September 29, 2016.
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 07-12-025, filed 5/29/07, effective 6/29/07)
WAC 388-492-0040 ((Can)) May I choose whether I get WASHCAP food benefits or basic food benefits?
You ((can)) may choose to have basic food benefits instead of ((WASHCAP)) Washington state combined application project (WASHCAP) food benefits when one or more of the following apply:
(1) Your allowable out-of-pocket medical expenses are more than thirty-five dollars a month;
(2) You chose to have basic food benefits instead of WASHCAP benefits prior to April 25, 2005 and have remained WASHCAP eligible continuously since April 25, 2005; ((or))
(3) Your food benefits under basic food would be at least forty dollars more ((due to excess shelter costs under WAC 388-450-0190 (1)(a) through (e) or legally obligated child support payments)) than what you receive from WASHCAP.
AMENDATORY SECTION (Amending WSR 14-04-050, filed 1/27/14, effective 2/27/14)
WAC 388-492-0070 How are my WASHCAP food benefits calculated?
We calculate your Washington state combined application project (WASHCAP) food benefits as follows:
(1) We begin with your gross income.
(2) We subtract the current standard deduction for one person under WAC 388-450-0185 from your gross income to get your countable income.
(3) We figure your shelter cost based on information we receive from the Social Security Administration (SSA)((,)) unless you report a change as described under WAC 388-492-0080. ((If you pay:))
(a) If you pay three hundred twenty dollars or more a month for shelter, we use four hundred dollars as your shelter cost((; or)).
(b) If you pay less than three hundred twenty dollars a month for shelter, we use two hundred and ((ten)) thirty-five dollars as your shelter cost((; and)).
(c) We add the current standard utility allowance under WAC 388-450-0195 to the shelter cost we use under either subsection (3)(a) or (b) of this section to determine your total shelter cost.
(4) We figure your shelter deduction by subtracting one half of your countable income from your total shelter cost under subsection (3)(c) of this section.
(5) We figure your net income by subtracting your shelter deduction from your countable income and rounding the resulting figure up from fifty cents and down from forty-nine cents to the nearest whole dollar.
(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))) (7) If you are eligible for WASHCAP, you will get at least the minimum monthly benefit for basic food under WAC 388-412-0015.
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