WSR 97-18-051

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

(Public Assistance)

[Filed August 28, 1997, 4:32 p.m., effective September 1, 1997]

Purpose: To implement ESB 6098 (1997) and EHB 3901 (1997) authorizing the Department of Social and Health Services to implement a food assistance program for legal immigrants, WAC 388-45-010.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.057, 74.08.090.

Other Authority: Section 3, chapter 57, Laws of 1997.

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: This rule establishes a program for legal immigrants adversely affected by federal welfare reform (Public Law 104-193, the Personal Responsibility and Work Opportunity Act of 1996) who will lose federal food stamp benefits effective August 31, 1997.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 1, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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: September 1, 1997.

August 28, 1997

Merry A. Kogut, Manager

Rules and Policies Assistance Unit

NEW SECTION

WAC 388-45-010 Food assistance program for legal immigrants. (1) The following people are eligible for the state food assistance program for legal immigrants if otherwise eligible:

(a) An alien, lawfully admitted for permanent residence under the Immigration and Nationality Act (INA), who can not be credited with forty qualifying quarters of coverage as defined under Title II of the Social Security Act;

(b) A refugee, admitted to the United States under section 207 of the INA, when five years have passed since the date status was granted;

(c) An alien, granted asylum under section 208 of the INA, when five years have passed since the date status was granted;

(d) An alien whose deportation is being withheld under section 243(h) of the INA when five years have passed since the date status was granted;

(e) An alien who is lawfully present in the United States under section 212(d)(5) of INA or a grant of parole by the U. S. Attorney General;

(f) An alien who was granted conditional entry under section 203(a)(7) of the INA as in effect prior to March 18, 1980;

(g) An alien who entered the United States after March 17, 1980 and is lawfully present under section 203(a)(7) of the INA;

(h) An alien who:

(i) Entered the United States before January 1, 1972, or some later date as required by law; and

(ii) Has continuously maintained residency in the United States since then; and

(iii) Is not ineligible for citizenship but is considered to be lawfully admitted for permanent residence as a result of an exercise of discretion by the U. S. attorney general under section 249 of the Immigration and Nationality Act; or

(i) An alien who is:

(i) Granted family unity status by the Immigration and Naturalization Service; and

(ii) Whose spouse or parent is eligible to participate in the state food assistance program or the federally funded food stamp program.

(j) An aged, blind, or disabled alien admitted for temporary residence under section 245A of the INA; or

(k) An alien having temporary resident status as a special agricultural worker under section 210 of the Immigration and Nationality Act.

(2) The following persons are ineligible for the state food assistance program for legal immigrants:

(a) Alien visitors;

(b) Tourists;

(c) Diplomats;

(d) Students with temporary status; and

(e) Any person not specifically named in subsection (3) of this section.

(3) Persons who are eligible for the food assistance program will receive the same level of benefits equal to benefits provided by the federal food stamp program.

(4) When a household consists of both persons eligible for food assistance program benefits and persons eligible for federal food stamp program benefits, the total benefits will be equal to what the entire household would receive under the federal food stamp program if eligible.