WSR 99-20-100

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed October 5, 1999, 1:07 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 98-22-056.

Title of Rule: WAC 388-406-0020 Destitute household definition and 388-450-0230 Treatment of income in the month of application for destitute food assistance households.

Purpose: Repeal WAC 388-406-0020, this WAC is duplicative of WAC 388-406-0021 How the department decides if you are a migrant or seasonal farmworker and if you are destitute. Amend WAC 388-450-0230 to correct WAC cross-reference.

Statutory Authority for Adoption: RCW 74.08.090 and 74.04.510.

Statute Being Implemented: RCW 74.08.090 and 74.04.510.

Summary: See Purpose above.

Reasons Supporting Proposal: RCW 74.08.090 gives the department authority to make rules and regulations to ensure uniform administration of programs throughout the state. RCW 74.04.510 requires the department to adopt rules consistent with federal laws, rules and regulations relating to the food stamp program.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Veronica Barnes, Division of Assistance Programs, P.O. Box 45480, Olympia, WA 98504-5480, (360) 413-3071.

Name of Proponent: Department of Social and Health Services, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Changes rules to reflect department's choice of prospective budgeting as the sole method for budgeting income and deductions.

Proposal Changes the Following Existing Rules: WAC 388-406-0020 Destitute household definition and 388-450-0230 Treatment of income in the month of application for destitute food assistance households.

Repeal WAC 388-406-0020, this WAC is duplicative of WAC 388-406-0021 How the department decides if you are a migrant or seasonal farmworker and if you are destitute. Amend WAC 388-450-0230 to correct WAC cross-reference.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The changes as a result of this rule do not affect small businesses.

RCW 34.05.328 does not apply to this rule adoption. These rules do not meet the definition of significant legislative rule.

Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on November 9, 1999, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Paige Wall by October 26, 1999, phone (360) 664-6094, TTY (360) 664-6178, e-mail wallpg@dshs.wa.gov.

Submit Written Comments to: Paige Wall, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by November 9, 1999.

Date of Intended Adoption: No earlier than November 10, 1999.

September 30, 1999

Marie Myerchin-Redifer

Manager

2659.1
AMENDATORY SECTION(Amending WSR 98-16-044, filed 7/31/98, effective 9/1/98)

WAC 388-450-0230
Treatment of income in the month of application for destitute food assistance households.

(1) When a migrant or seasonal farm worker is determined destitute under WAC ((388-406-0020)) 388-406-0021, eligibility and benefit amount for the month of application is determined by:

(a) Counting the household's income that is received from the first of the month through the date of application; and

(b) Excluding income from a new source that the household expects to receive during the ten days after the date of application.

(2) A household member changing jobs but continuing to work for the same employer is considered to be receiving income from the same source.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090.  98-16-044, 388-450-0230, filed 7/31/98, effective 9/1/98.]

2658.1
REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 388-406-0020 Destitute household definition.

Washington State Code Reviser's Office