SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
[Filed March 4, 1997, 1:57 p.m.]
Date of Adoption: March 4, 1997.
Purpose: WAC 388-49-020 Definitions, includes fleeing felons as an ineligible household member.
Consider able-bodied adults eighteen through fifty years old without dependents as nonhousehold members.
Children under the age of eighteen who live with an adult that is not a parent can no longer be considered a separate household from the adult when living with a spouse or their children.
Citation of Existing Rules Affected by this Order: Amending WAC 388-49-020, ineligible household member, nonhousehold member, and under parental control definitions.
Statutory Authority for Adoption: RCW 74.04.510 and Public Law 104-193. Sections 803, 821, and 824 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.
Adopted under notice filed as WSR 97-02-075 on December 31, 1996.
Changes Other than Editing from Proposed to Adopted Version: Deleting the "household employment representative" definition because it is no longer needed.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 1, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, amended 0, repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 1, repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.
Effective Date of Rule: Thirty-one days after filing.
March 4, 1997
Merry A. Kogut, Manager
Rules and Policies Assistance Unit
AMENDATORY SECTION (Amending WSR 96-23-022, filed 11/12/96, effective
WAC 388-49-020 Definitions. ((
(1))) "Administrative disqualification hearing" means a formal hearing to determine whether or not a person
committed an intentional program violation.
(2))) "Administrative error overissuance" means any overissuance
caused solely by:
(a))) (1) Department action or failure to act when the household
properly and accurately reported all the household's circumstances to the
(b))) (2) Department failure to timely implement an intentional
program violation disqualification; or
(c))) (3) For households determined categorically eligible under
WAC 388-49-180(1), department action or failure to act which resulted in
the household's improper eligibility for public assistance, provided a
claim can be calculated based on a change in net food stamp income and/or
(3))) "Administrative law judge" means an employee of the office
of administrative hearings empowered to preside over adjudicative
(4))) "Aid to families with dependent children (AFDC) program"
means the federally funded public assistance program for dependent
children and their families authorized under Title IV-A of the Social
(5))) "Allotment" means the total value of coupons a household is
certified to receive during a calendar month.
(6))) "Application process" means the filing and completion of an
application form, interview or interviews, and verification of certain
(7))) "Authorized representative" means an adult nonhousehold
member sufficiently aware of household circumstances designated, in
writing, by the head of the household, spouse, or other responsible
household member to act on behalf of the household.
(8))) "Beginning months" means the first month the household is
eligible for benefits, and the month thereafter. The first beginning
month cannot follow a month in which a household was certified eligible
to receive benefits.
(9))) "Benefit level" means the total value of food stamps a
household is entitled to receive based on household income and
(10))) "Boarder" means an individual residing with the household,
except a person described under WAC 388-49-190 (2)(a), (b), or (c) who
is a person:
(a))) (1) Paying reasonable compensation to the household for
lodging and meals; or
(b)) (2) In foster care.
(11))) "Budget month" means the first month of the monthly
reporting cycle; the month for which the household reports their
(12))) "Certification period" means definite period of time within
which the household has been determined eligible to receive food stamps.
(13))) "Child" means someone seventeen years of age or younger,
and under parental control.
(14))) "Collateral contact" means oral contact in person or by
telephone with someone outside of the household to confirm the
(15))) "Commercial boarding home" means an enterprise offering
meals and lodging for compensation with the intent of making a profit.
(16))) "Department" means the department of social and health
(17))) "Dependent care deduction" means costs incurred by a
household member for care provided by a nonhousehold member when the care
is necessary for a household member to seek, accept, or continue
employment, or attend training or education preparatory to employment.
(18))) "Destitute household" means a household with a migrant or
seasonal farmworker with little or no income at the time of application
and in need of immediate food assistance.
(19))) "Disabled person" means a person who meets one of the
(a))) (1) Receives Supplemental Security Income (SSI) under Title
XVI of the Social Security Act;
(b))) (2) Receives disability or blindness payments under Titles
I, II, XIV, or XVI of the Social Security Act;
(c))) (3) Is a veteran:
(i))) (a) With service-connected or nonservice-connected
disability rated or paid as total under Title 38 of the United States
Code (USC); or
(ii))) (b) Considered in need of regular aid and attendance, or
permanently housebound under Title 38 of the USC.
(d))) (4) Is a surviving:
(i))) (a) Spouse of a veteran and considered in need of aid and
attendance, or permanently housebound; or
(ii))) (b) Child of a veteran and considered permanently incapable
of self-support under Title 38 of the USC;
(e))) (5) A surviving spouse or child of a veteran and:
(i))) (a) Entitled to compensation for service-connected death or
pension benefits for a nonservice-connected death under Title 38 of the
(ii))) (b) Has a disability considered permanent under section
221(i) of the Social Security Act.
(f))) (6) Receives disability retirement benefits from a federal,
state, or local government agency because of a disability considered
permanent under section 221(i) of the Social Security Act;
(g))) (7) Receives an annuity payment as part of the Railroad
Retirement Act of 1974 under:
(i))) (a) Section 2 (a)(1)(iv) and is determined eligible to
receive Medicare by the Railroad Retirement Board; or
(ii))) (b) Section 2 (a)(1)(v) and is determined disabled based
on the criteria under Title XVI of the Social Security Act.
(h))) (8) Is a recipient of disability-related medical assistance
under Title XIX of the Social Security Act.
(20))) "Documentary evidence" means written confirmation of a
(21))) "Documentation" means the process of recording the source,
date, and content of verifying information.
(22))) "Elderly person" means a person sixty years of age or
(23))) "Eligible food" means:
(a))) (1) For a homeless food stamp household, meals prepared and
served by an authorized homeless meal provider; or
(b))) (2) For a blind or a disabled resident, meals prepared and
served by a group living arrangement facility.
(24))) "Entitlement" means the food stamp benefit a household
received including a disqualified household member.
(25))) "Equity value" means fair market value less encumbrances.
(26))) "Expedited services" means providing food stamps within
five calendar days to an eligible household which:
(a))) (1) Has liquid resources of one hundred dollars or less; and
(b))) (2) Has gross monthly income under one hundred fifty
(c))) (3) Has combined gross monthly income and liquid resources
which are less than the household's current monthly rent or mortgage and
(i))) (a) Standard utility allowance as set forth in WAC 388-49-505; or
(ii))) (b) Limited utility allowance; or
(iii))) (c) Actual utility costs, whichever is higher; or
(d))) (4) Includes all members who are homeless individuals; or
(e))) (5) Includes a destitute migrant or seasonal farmworker.
(27))) "Fair hearing" means an adjudicative proceeding in which
the department hears and decides an applicant/recipient's appeal from the
department's action or decision.
(28))) "Fair market value" means the value at which a prudent
person might sell the property if the person was not forced to sell.
(29))) "Fleeing felon" means a person who is:
(a))) (1) Fleeing to avoid prosecution, or custody or confinement
after conviction, for a crime, or attempt to commit a crime, that is a
felony under the law of the place from which the person is fleeing; or
(b))) (2) Violating a condition of probation or parole imposed
under a federal or state law as determined by an administrative body or
court of competent jurisdiction.
(30))) "Food coupon" means any coupon, stamp, type of certificate,
authorization card, cash or check issued in lieu of a coupon, or access
device, including an electronic benefit transfer card or personal
(31))) "Food coupon authorization (FCA) card" means the document
issued by the local or state office to authorize the allotment the
household is eligible to receive.
(32))) "Food stamp monthly reporting cycle" means the three-month
reporting cycle consisting of the budget month, the process month, and
the payment month.
(33))) "Gross income eligibility standard" means one hundred
thirty percent of the federal poverty level for the forty-eight
(34))) "Group living arrangement" means a public or private
nonprofit residential setting which:
(a))) (1) Serves not more than sixteen blind or disabled residents
as defined under WAC 388-49-020(19); and
(b))) (2) Is certified by the appropriate state agency under
section 1616(e) of the Social Security Act.
(35))) "Head of household" means the person designated by the
household to be named on the case file, identification card, and FCA
(36) "Household employment representative" means:
(a) The household member selected as the head of household for
employment and training purposes and voluntary quit provisions.
Selection is limited to households with:
(i) An adult parent of children, of any age, living in the
(ii) An adult who has parental control over children, under eighteen
years of age, living in the household; or
(b) The principal wage earner if no selection is made by the
household, or the household is not entitled to make a selection.))
(37))) "Home visit" means a personal contact at the person's
residence by a department employee. The home visit shall be scheduled
in advance with the household.
(38))) "Homeless individual" means a person lacking a fixed and
regular nighttime residence or a person whose primary nighttime residence
(a))) (1) Supervised shelter designed to provide temporary
(b))) (2) Halfway house or similar institution providing temporary
residence for persons needing or coming out of institutionalization;
(c))) (3) Temporary accommodation in the residence of another
person for not more than ninety days; or
(d))) (4) Place not designed for, or ordinarily used as, a regular
sleeping accommodation for humans.
(39))) "Homeless meal provider" means a public or private
nonprofit establishment (for example, soup kitchen, temporary shelter,
mission, or other charitable organizations) feeding homeless persons,
approved by the division of income assistance (DIA) and authorized by
food and consumer service (FCS).
(40))) "Household" means the basic client unit in the food stamp
(41))) "Household disaster" means when food coupons, food
purchased with food coupons, or food coupon authorization cards are
destroyed by a natural disaster, such as flood, fire, etc.
(42))) "Identification card" means the document identifying the
bearer as eligible to receive and use food stamps.
(43))) "Inadvertent household error overissuance" means any
overissuance caused by either:
(a))) (1) Misunderstanding or unintended error by a household:
(i))) (a) Not determined categorically eligible under WAC 388-49-180(1); or
(ii))) (b) Determined categorically eligible under WAC 388-49-180(1) if a claim can be calculated based on a change in net food stamp
income and/or household size; or
(b))) (3) Social Security Administration action or failure to take
action which resulted in the household's categorical eligibility, if a
claim can be calculated based on a change in net food stamp income and/or
(44))) "Ineligible household member" means the member excluded
from the food stamp household because of:
(a) Disqualification for intentional program violation;
(b) Failure to apply for or provide a Social Security number;
(c) Failure to comply with work requirements as described under WAC 388-49-360;
(d) Status as an ineligible alien; ((
(e) Failure to sign the application attesting to the member's citizenship or alien status; or
(f) Status as a fleeing felon.
(45))) "Initial month" means:
(a))) (1) The first month for which a household is issued an
(b))) (2) The first month for which a household is issued an
allotment following any period when the household was not certified due
to expired eligibility or termination during a certification period; or
(c))) (3) For migrant and seasonal farmworker households, the
first month for which the household is issued an allotment when applying
more than one calendar month after a prior certification ends.
(46))) "Institution" means any place of residence (private or
public) providing maintenance and meals for two or more persons.
(47))) "Institution of higher education" means any institution
normally requiring a high school diploma or equivalency certificate for
enrollment. This includes any two-year or four-year college. Also
included is any course in a trade or vocational school that normally
requires a high school diploma or equivalency for admittance to the
(48))) "Intentional program violation" means intentionally:
(a))) (1) Making a false or misleading statement;
(b))) (2) Misrepresenting, concealing, or withholding facts; or
(c))) (3) Committing any act constituting a violation of the Food
Stamp Act, the food stamp program regulations, or any state statute
relating to the use, presentation, transfer, acquisition, receipt, or
possession of food stamp coupons or FCAs.
(49))) "Intentional program violation overissuance" means any
overissuance caused by an intentional program violation.
(50))) "Live-in attendant" means a person residing with a
household to provide medical, housekeeping, child care, or other similar
(51))) "Lump sum" means money received in the form of a
nonrecurring payment including, but not limited to:
(a))) (1) Income tax refunds,
(b))) (2) Rebates,
(c))) (3) Retroactive payments, and
(d))) (4) Insurance settlements.
(52))) "Mandatory fees" means those fees charged to all students
within a certain curriculum. Transportation, supplies, and textbook
expenses are not uniformly charged to all students and are not considered
as mandatory fees.
(53))) "Migrant farmworker" means a person working in seasonal
agricultural employment who is required to be absent overnight from the
person's permanent residence.
(54))) "Net income eligibility standard" means the federal income
poverty level for the forty-eight contiguous states.
(55))) "Nonhousehold member" means a person who is not considered
a member of the food stamp household such as a:
(a))) (1) Roomer;
(b))) (2) Live-in attendant;
(c))) (3) Ineligible student; (( or))
(d))) (4) Person who does not purchase and prepare meals with the
food stamp household except for persons described under WAC 388-49-190(2); or
(5) Person eighteen through fifty years old without dependents who is no longer eligible for food stamps because of time limits.
(56))) "Nonstriker" means any person:
(a))) (1) Exempt from work registration the day before the strike
for reasons other than their employment;
(b))) (2) Unable to work as a result of other striking employees,
e.g., truck driver not working because striking newspaper pressmen not
(c))) (3) Not part of the bargaining unit on strike but not
wanting to cross picket line due to fear of personal injury or death; or
(d))) (4) Unable to work because workplace is closed to employees
by employer in order to resist demands of employees, e.g., a lockout.
(57))) "Offset" means reduce restored benefits by any overissue
(claim) owed by the household to the department.
(58))) "Overissuance" means the amount of coupons issued to a
household in excess of the amount eligible to receive.
(59))) "Overpayment" means the same as "overissuance" and shall
be the preferred term used in procedures.
(60))) "Payment month" means the third month of the budget cycle;
the month in which the food stamp allotment is affected by information
reported on the monthly report for the budget month.
(61))) "Period of intended use" means the period for which an FCA
or food coupon is intended to be used.
(62))) "Post secondary education" means a school not requiring a
high school diploma or equivalency for enrollment. This includes trade
school, vocational schools, business colleges, beauty schools, barber
(63))) "Principal wage earner" means the household member with the
greatest source of earned income in the two months prior to the month of
violation of employment and training and voluntary quit provisions,
including members not required to register.
(64))) "Process month" means the second month of the monthly
reporting cycle; the month in which the monthly report is to be returned
by the household to the local office.
(65))) "Project area" means the county or similar political
subdivision designated by the state as the administrative unit for
(66))) "Prospective budgeting" means the computation of a
household's income based on income received or anticipated income the
household and department are reasonably certain will be received during
the month of issuance.
(67))) "Prospective eligibility" means the determination of
eligibility based on prospective budgeting rules and other household
circumstances anticipated during the month of issuance.
(68))) "Qualified alien" means an alien who, at the time the alien
applies for or receives food stamps, is:
(a))) (1) An alien who is lawfully admitted for permanent
residence under the Immigration and Nationality Act,
(b))) (2) An alien who is granted asylum under section 208 of such
(c))) (3) A refugee who is admitted to the United States under
section 207 of such Act,
(d))) (4) An alien who is paroled into the United States under
section 212 (d)(5) of such Act for a period of at least one year,
(e))) (5) An alien whose deportation is being withheld under
section 243(h) of such Act,
(f))) (6) An alien who is granted conditional entry pursuant to
section 203 (a)(7) of such Act as in effect prior to April 1, 1980, or
(g))) (7) An alien who or an alien whose child:
(i))) (a) Has been battered or subjected to extreme cruelty in the
United States by a spouse, parent, or the family of the spouse or parent
living in the same household and the U.S. Attorney General determines
that there is a substantial connection between such battery or cruelty
and the alien's need for benefits;
(ii))) (b) Has a petition under the Violence Against Women Act for
adjustment for immigration status approved or pending with Immigration
and Naturalization Service; and
(iii))) (c) Does not reside in the same household as the
individual responsible for the battery or extreme cruelty.
(69))) "Quality control review" means a review of a statistically
valid sample of cases to determine the accuracy of budgeting, issuance,
denial, withdrawal, and termination actions taken by the department.
(70))) "Quality control review period" means the twelve-month
period from October 1 of each calendar year through September 30 of the
following calendar year.
(71))) "Recent work history" means being employed and receiving
earned income in one of the two months prior to the payment month.
(72))) "Recertification" means approval of continuing benefits
based on an application submitted prior to the end of the current
(73))) "Resident of an institution" means a person residing in an
institution that provides the person with the majority of meals as part
of the institution's normal service.
(74))) "Retrospective budgeting" means the computation of a
household's income for a payment month based on actual income received
in the corresponding budget month of the monthly reporting cycle.
(75))) "Retrospective eligibility" means the determination of
eligibility based on retrospective budgeting rules and other
circumstances existing in the budget month.
(76))) "Roomer" means a person to whom a household furnishes
lodging, but not meals, for compensation.
(77))) "Seasonal farmworker" means a person working in seasonal
agricultural employment who is not required to be absent overnight from
the person's permanent residence.
(78))) "Shelter costs" means:
(a))) (1) Rent or mortgage payments plus taxes on a dwelling and
(b))) (2) Insurance on the structure only, unless the costs for
insuring the structure and its contents cannot be separated;
(c))) (3) Assessments;
(d))) (4) Utility costs such as heat and cooking fuel, cooling and
electricity, water, garbage, and sewage disposal;
(e))) (5) Standard basic telephone allowance;
(f))) (6) Initial installation fees for utility services; and
(g))) (7) Continuing charges leading to shelter ownership such as
loan repayments for the purchase of a mobile home including interest on
(79))) "Shelter for battered women and children" means a public
or private nonprofit residential facility serving battered women and
(80))) "Sibling" means a natural or an adopted brother, sister,
half brother, half sister, or stepbrother or stepsister.
(81))) "Sponsor" means a person who executed an affidavit of
support or similar agreement on behalf of an alien as a condition of the
alien's admission into the United States as a permanent resident.
(82))) "Sponsored alien" means an alien lawfully admitted for
permanent residence who has an affidavit of support or similar agreement
executed by a person on behalf of the alien as a condition of the alien's
admission into the United States as a permanent resident.
(83))) "Spouse" means:
(a))) (1) Married under applicable state law; or
(b))) (2) Living with another person and holding themselves out
to the community as husband and wife by representing themselves as such
to relatives, friends, neighbors, or trades people.
(84))) "Striker" means any person:
(a))) (1) Involved in a strike or concerted stoppage of work by
employees including stoppage due to expiration of a collective bargaining
(b))) (2) Involved in any concerted slowdown or other concerted
interruption of operations by employees.
(85))) "Student" means any person:
(a))) (1) At least eighteen but less than fifty years of age;
(b))) (2) Physically and mentally fit for employment; and
(c))) (3) Enrolled at least half time in an institution of higher
(86))) "Systematic alien verification for entitlements (SAVE)"
means the immigration and naturalization service (INS) program whereby
the department may verify the validity of documents provided by aliens
applying for food stamp benefits by obtaining information from a central
(87))) "Temporary disability" means a nonpermanent physical
illness or injury that incapacitates beyond the initial issuance month.
(88))) "Thrifty food plan" means the diet required to feed a
family of four as determined by the United States Department of
Agriculture. The cost of the diet is the basis for all allotments,
taking into account the household size adjustments based on a scale.
(89))) "Under parental control" means living with any adult other
than the parent. A person is not under parental control when that person
(a))) (1) Receiving an AFDC grant as the person's own payee; or
(b))) (2) Receiving, as the person's own payee, gross income equal
to, or exceeding, the AFDC grant payment standard as described under WAC
(c) Married and living with a spouse; or
(d) Living with the person's own child)).
(90))) "Vehicle" means any device for carrying or conveying
persons and objects, including travel by land, water, or air.
(91))) "Vendor payment" means money payments not owed or payable
directly to a household, but paid to a third party for a household
expense, such as:
(a))) (1) A payment made in money on behalf of a household
whenever another person or organization makes a direct payment to either
the household's creditors or a person or organization providing a service
to the household; or
(b))) (2) Rent or mortgage payments, made to landlords or
mortgagees by the department of housing and urban development or by state
or local housing authorities.
(92))) "Verification" means the use of documentation or third-party information to establish the accuracy of statements on the
application. Sources of verification shall be documentary evidence,
collateral contacts, or a home visit.
[Statutory Authority: RCW 74.04.510. 96-23-022, 388-49-020, filed 11/12/96, effective 1/1/97. Statutory Authority: RCW 74.04.050. 96-06-031 (Order 3947), 388-49-020, filed 2/29/96, effective 4/1/96; 95-19-013 (Order 3894), 388-49-020, filed 9/7/95, effective 10/6/95. Statutory Authority: RCW 74.04.050, 74.04.510, 7 CFR 273.9(c) and 7 CFR 273.1(b). 95-06-028 (Order 3840), 388-49-020, filed 2/22/95, effective 4/1/95. Statutory Authority: RCW 74.04.050, Administrative Notice 94-34 and Public Law 101-624 Section 1725. 94-20-042 (Order 3787), 388-49-020, filed 9/28/94, effective 10/29/94. Statutory Authority: RCW 74.04.050. 94-16-038 (Order 3757), 388-49-020, filed 7/27/94, effective 9/1/94. Statutory Authority: RCW 74.04.510 and 7 CFR 271.2. 93-11-041 (Order 3551), 388-49-020, filed 5/12/93, effective 7/1/93. Statutory Authority: RCW 74.04.050. 92-11-059 (Order 3390), 388-49-020, filed 5/19/92, effective 6/19/92. Statutory Authority: RCW 74.04.510. 91-16-065 (Order 3224), 388-49-020, filed 8/1/91, effective 9/1/91; 91-10-096 (Order 3170), 388-49-020, filed 5/1/91, effective 6/1/91; 90-12-057 (Order 3015), 388-49-020, filed 5/31/90, effective 7/1/90; 89-18-035 (Order 2854), 388-49-020, filed 8/29/89, effective 9/29/89; 89-07-001 (Order 2770), 388-49-020, filed 3/2/89. Statutory Authority: RCW 74.04.050. 88-16-081 (Order 2662), 388-49-020, filed 8/2/88. Statutory Authority: RCW 74.04.510. 88-08-080 (Order 2618), 388-49-020, filed 4/6/88. Statutory Authority: RCW 74.04.050. 88-02-031 (Order 2575), 388-49-020, filed 12/31/87.]