AH
WSR 97-09-031
PERMANENT RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
(Public Assistance)
[Filed April 10, 1997, 11:26 a.m., effective July 1, 1997]
Date of Adoption: April 10, 1997.
Purpose: Include as ineligible household members, persons who have a felony conviction with an element of possession, use, or distribution of a controlled substance occurring after August 22, 1996.
Citation of Existing Rules Affected by this Order: Amending WAC 388-49-190.
Statutory Authority for Adoption: RCW 74.04.510, Public Law 104-193, Section 115 (1996).
Adopted under notice filed as WSR 97-06-097 on March 4, 1997.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 1, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, amended 0, repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.
Effective Date of Rule: July 1, 1997.
April 10, 1997
Merry A. Kogut, Manager
Rules and Policies Assistance Unit
AMENDATORY SECTION (Amending WSR 96-22-103, filed 11/6/96, effective
12/7/96)
WAC 388-49-190 Household concept. (1) The department shall consider the following as households:
(a) A person living alone;
(b) Persons living together and purchasing or preparing meals together; or
(c) A permanently disabled and elderly person unable to prepare meals provided the:
(i) Person's spouse shall be included in the household; and
(ii) Income of other individuals, except the person's spouse, living with the person does not exceed one hundred sixty-five percent of the poverty level.
(2) The department shall consider the following as households regardless of the purchase and prepare arrangements:
(a) Parents and their natural, adoptive, or stepchildren twenty-one years of age or younger.
(b) Person seventeen years of age or younger under parental control of an adult other than their parent, and the adult who is maintaining the control; or
(c) Spouses who live together.
(3) The department shall consider the following persons living with the household as nonhousehold members who, if otherwise eligible, may qualify as a separate household:
(a) Roomers;
(b) Live-in attendants; or
(c) Persons sharing living quarters with the household who purchase food and prepare meals separately from the household.
(4) The department shall consider the following persons living with the household as ineligible household members:
(a) Persons disqualified for intentional program violation;
(b) Persons disqualified because of noncompliance with work requirements as described under WAC 388-49-360;
(c) Persons who are ineligible aliens;
(d) Persons disqualified for failure to apply for or provide a Social Security number;
(e) Persons who fail to sign the application attesting to their
citizenship or alien status; ((or))
(f) Fleeing felons; or
(g) Persons convicted of a felony with an element of possession,
use, or distribution of a controlled substance occurring after August 22,
1996.
[Statutory Authority: RCW 74.04.510, Public Law 104-193 and Sections 803 and 821 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. 96-22-103, 388-49-190, filed 11/6/96, effective 12/7/96. Statutory Authority: RCW 74.04.050 and 74.04.510. 95-12-001 (Order 3854), 388-49-190, filed 5/24/95, effective 6/24/95. Statutory Authority: RCW 74.04.050, 74.04.510, P.L. 103-66, Administrative Notice 94-39 and 7 CFR 273.1(b). 95-06-027 (Order 3838), 388-49-190, filed 2/22/95, effective 4/1/95. Statutory Authority: RCW 74.04.050, P.L. 103-66 and USDA Food and Nutrition Service Administrative Notices 94-01, 94-02 and 94-03. 94-16-039 (Order 3762), 388-49-190, filed 7/27/94, effective 9/1/94. Statutory Authority: RCW 74.04.510. 91-10-098 (Order 3172), 388-49-190, filed 5/1/91, effective 6/1/91; 90-14-064 (Order 3033), 388-49-190, filed 6/29/90, effective 8/1/90; 89-07-001 (Order 2770), 388-49-190, filed 3/2/89. Statutory Authority: RCW 74.04.050. 88-16-081 (Order 2662), 388-49-190, filed 8/2/88; 88-02-031 (Order 2575), 388-49-190, filed 12/31/87.]