WSR 97-22-042

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

(Public Assistance)

[Filed October 31, 1997, 9:26 a.m.]

Date of Adoption: October 29, 1997.

Purpose: Allows Amerasians and Cuban-Haitian entrants to be eligible for the food stamp program: (a) Until five years from the date of the granting of their status; or (b) if the individual is a veteran or on active duty in the United States military; or (c) if the individual is a spouse or dependent child of the veteran or active military person.

Citation of Existing Rules Affected by this Order: Amending WAC 388-49-310.

Statutory Authority for Adoption: RCW 74.04.510.

Other Authority: Sections 5302 and 5306 of the Balanced Budget Act of 1997; Public Law 104-193.

Adopted under notice filed as WSR 97-18-058 on August 29, 1997.

Changes Other than Editing from Proposed to Adopted Version: As a result of a regulatory improvement review, the Department of Social and Health Services has streamlined and simplified this rule to make it consistent with Governor Locke's and Secretary Quasim's executive orders. This rule is now easier to understand, does not restate federal or state law, and the intent of the rule is more clear.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 1, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 1, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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

October 29, 1997

Merry A. Kogut, Manager

Rules and Policies Assistance Unit

AMENDATORY SECTION (Amending WSR 97-12-025, filed 5/29/97, effective 6/29/97)

WAC 388-49-310 Citizenship and alien status. (1) ((The department shall require applicants to sign the application attesting to their citizenship or alien status as described under WAC 388-49-030(6))) Eligible household members in the food stamp program must either be U.S. citizens, U.S. nationals, or qualified aliens as specified by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended.

(2) ((The department shall consider)) Applicants ((as of January 1, 1997 and current recipients after April 1, 1997, but no later than August 22, 1997,)) and recipients who fail to meet the requirements of subsection((s)) (1) ((and (3))) of this section ((as)) shall be considered ineligible household members ((under WAC 388-49-190(4), 388-49-420(5), and 388-49-480(2).

(3) The department shall consider the following persons residing in the United States eligible for participation in the food stamp program:

(a) A United States citizen or United States national;

(b) An alien lawfully admitted for permanent residence under the Immigration and Nationality Act who has worked forty qualifying quarters of coverage as defined under Title II of the Social Security Act or can be credited with such qualifying quarters.

(i) An alien can be credited for each qualifying quarter worked by a:

(A) Parent while the alien was under age eighteen, or

(B) Spouse during their marriage if the alien remains married to the spouse or the spouse is deceased.

(ii) Beginning January 1, 1997, any quarter in which the alien received any federal means-tested public benefit is not counted as a qualifying quarter.

(iii) The department shall accept a statement under penalty of perjury signed by the applicant or recipient that he or she has earned or can be credited with forty qualifying quarters of coverage, until Social Security Administration (SSA) either confirms or denies the existence of such forty qualifying quarters of coverage, when:

(A) The applicant or recipient cannot provide SSA documents verifying forty qualifying quarters of coverage; and

(B) The applicant or recipient, alone or in combination with the person's spouse, or the person's parent have lived in the United States a sufficient number of years consistent with the applicant or recipient having earned or being credited with forty qualifying quarters; and

(C) The applicant or recipient provides the full name, date of birth, social security number, and sex of each person whose work history is relevant to the determination of eligibility. The applicant or recipient must sign or have each individual sign a consent form to give permission to SSA to release qualifying quarters information to the department.

(iv) If SSA cannot initially confirm forty qualifying quarters of coverage, the client will be considered ineligible unless the applicant or recipient:

(A) Presents to the department a SSA document indicating a SSA review is in process; or

(B) Presents evidence or statements satisfactory to the department of qualifying quarters for the calendar years 1996 and 1997 such that the individual will establish, in addition to SSA information, a total of forty qualifying quarters.

(v) The individual, who provides the department with a SSA document indicating a review of the individual's records is in process, can continue, if otherwise eligible, to receive benefits for six months from the date of SSA's initial response or until SSA has completed its review, whichever is earlier.

(vi) If, after recipient completes the SSA verification and review process, forty qualifying quarters of coverage have not been established, the recipient may present evidence to the department to establish forty qualifying quarters. Evidence may include a credible statement from the individual in addition to corroborating evidence, if available, to assist the department in making an independent assessment of the forty qualifying quarters requirement.

(vii) If forty qualifying quarters of coverage cannot be established, the department shall establish a claim for the overissuance.

(c) A qualified alien, as defined under section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, and the qualified alien spouse or unmarried dependent qualified alien child of the alien, lawfully residing in the United States, who is:

(i) A veteran, as defined in section 101 of Title 38, United States Code, with a discharge characterized as an honorable discharge and not on account of alienage; or

(ii) On active duty, other than active duty for training, in the Armed Forces of the United States.

(d) An alien admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act until five years after the date of such admission as a refugee;

(e) An alien granted asylum under section 208 of the Immigration and Nationality Act until five years after the date of granting such status; or

(f) An alien living in the United States whose deportation is withheld under section 243(h) of the Immigration and Nationality Act until five years after the date such deportation is withheld.

(4) The household shall provide verification when:

(a) Citizenship is questionable; or

(b) One or more of its members are aliens.

(i) The department shall not contact the immigration and naturalization service to obtain information without the alien's written consent.

(ii) The department shall give the household failing to provide verification the option of:

(A) Withdrawing the application; or

(B) Participating without the alien member.

(5) An applicant shall be ineligible until:

(a) Questionable citizenship is verified; or

(b) Lawful alien status is verified.

(6) The department shall accept a statement under a penalty of perjury signed by a United States citizen that the applicant is a United States citizen when:

(a) The applicant cannot produce acceptable citizenship verification; and

(b) The household can reasonably explain why the verification is not available.

(7) The department shall notify immigration and naturalization services when any household member is ineligible because that person is present in the United States in violation of a known deportation order of the Immigration and Nationality Act.

(8) Lawfully admitted aliens who are ineligible include:

(a) Alien visitors;

(b) Tourists;

(c) Diplomats;

(d) Students with temporary status; and

(e) Aliens not identified in subsection (3) of this section as eligible for participation in the food stamp program)) in accordance with the Code of Federal Regulations at 7 CFR 273.1(b) and at 7 CFR 273.4 (b), (c), (d), and (e).