Date of Adoption: March 16, 2001.

Purpose: WAC 388-414-0001, this food assistance eligibility rule explains categorical eligibility and describes the types of households that are categorically eligible for food assistance. It also describes the conditions in which a household cannot be categorically eligible for food assistance.

Citation of Existing Rules Affected by this Order: Amending WAC 388-414-0001.

Statutory Authority for Adoption: RCW 74.08.090, 74.04.510.

Adopted under notice filed as WSR 01-04-074 on February 6, 2001.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: Failure to adopt the rule timely will cause some applicants and recipients leaving TANF to be wrongly denied or terminated from food assistance and the state will incur quality control payment errors.Effective Date of Rule: March 29, 2001.

March 15, 2001

Charles Hunter, Director

Administrative Services Division

(a) Some food assistance ((households)) units do not have to meet all of the eligibility requirements for food assistance. The department calls this ((categorical eligibility)) CE. ((Categorically eligible households have already met these)) If your food assistance unit is CE, you do not have to meet the following food assistance requirements because you have met them for another program:

(((a))) (i) Resources;

(((b))) (ii) Gross and net income standards; ((and

(c))) (iii) Residency; and

(iv) Sponsored alien information.

(b) If you are a CE food assistance unit, you will still have your income budgeted to determine the amount of food stamps your assistance unit is eligible for.

(2) Who is ((categorically eligible)) CE for food assistance?

Your household is ((categorically eligible)) CE when:

(a) All members of your ((household)) food assistance unit are getting general assistance (GA) and/or Supplemental Security Income (SSI) cash benefits on their own behalf;

(b) ((All members of your household are getting Supplemental Security Income (SSI) on their own behalf;

(c) All members of your household are getting either GA or SSI on their own behalf; or

(d) Some members)) A member of your ((household are)) food assistance unit is getting or is authorized to ((receive)) get payments ((or services)) from the following programs and you all benefit from the assistance:

(i) Temporary assistance for needy families (TANF) cash assistance;

(ii) State family assistance (SFA); or

(iii) Diversion cash assistance (DCA). You are CE for the month you receive ((assistance)) DCA and the three following months((; or

(iv) TANF post-employment services (as defined in WAC 388-310-1800) as long as your assistance unit meets TANF resource requirements)) as long as you have one adult relative caretaker with a dependent child in the food assistance unit.

(c) You are receiving TANF/SFA cash assistance and no longer get assistance because your earnings are over the earned income limit in WAC 388-478-0035. You are CE for twenty-four months after your TANF/SFA cash assistance ends as long as you have one adult relative caretaker with a dependent child in the food assistance unit.

(3) Who are not considered CE even though the above criteria is met?

(a) A member of your food assistance unit is not CE who:

(i) Is not eligible because of his/her alien or student status;

(ii Fails to follow work requirements;

(iii) Fails to provide or apply for a Social Security Number;

(iv) Is a SSI recipient in a cash-out state (state where SSI payments are increased to include the value of the food stamp allotment);

(v) Is not eligible for SSI on his/her own behalf since he/she is getting SSI as an essential person or as an ineligible spouse; or

(vi) Is living in an institution.

(b) If a person is not CE, he/she is not included as member in your CE food assistance unit.

(c) Your entire food assistance unit is not CE when your assistance unit:

(i) Is not eligible because of striker provisions;

(ii) Knowingly transferred resources for the purpose of qualifying for benefits;

(iii) Refuses to cooperate in providing information that is needed to determine your eligibility;

(iv) Has a head of the household that failed to meet work requirements; or

(v) Has a member that is not qualified because of an intentional program violation.

[Statutory Authority: RCW 74.08.090, 74.04.510. 00-11-035, 388-414-0001, filed 5/10/00, effective 8/1/00. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-414-0001, filed 7/31/98, effective 9/1/98.]

Washington State Code Reviser's Office