WSR 01-11-107

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed May 21, 2001, 3:31 p.m. , effective July 1, 2001 ]

Date of Adoption: May 21, 2001.

Purpose: Amending WAC 388-416-0005 How long can I get food assistance? Clarifies what a certification period is, how long a certification period can be based on a household's circumstances, and incorporates when a certification period can be changed.

Citation of Existing Rules Affected by this Order: Amending WAC 388-416-0005 How long can I get food assistance?

Statutory Authority for Adoption: RCW 74.08.090 and 74.04.510.

Adopted under notice filed as WSR 01-08-058 on April 2, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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, 2001.

May 18, 2001

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

2926.5
AMENDATORY SECTION(Amending WSR 99-16-024, filed 7/26/99, effective 9/1/99)

WAC 388-416-0005   ((Certification periods for)) How long can I get food assistance((.))?   ((A certification period is the specified amount of time the assistance unit is determined eligible. Assistance units are certified for the following periods:

(1) Not more than twenty-four months for assistance units without earned income or cash assistance when all members are elderly;

(2) Not more than twelve months for assistance units with no earned income and all household members are disabled or elderly.

(3) Not more than six months for assistance units:

(a) Receiving cash assistance;

(b) With earned income and required to report monthly;

(c) With recent work history and required to report monthly; or

(d) Not likely to have any changes.

(4) Not more than three months for assistance units:

(a) Consisting of migrant seasonal farmworkers;

(b) Containing an able-bodied adult without dependents (ABAWD);

(c) Without any income and not receiving cash assistance;

(d) With expenses that exceed income received;

(e) That are homeless or staying in an emergency or battered spouse shelter:

(f) That are staying in a non-ADATSA drug and alcohol treatment center; or

(g) Not identified in this section)) (1) The length of time the department determines your assistance unit (AU) is eligible to get food assistance is called a certification period. The department (we) may certify your AU for up to:

(a) Twenty-four months if everyone in your AU is elderly and no one in your AU has earned income or cash assistance.

(b) Twelve months if everyone in your AU is disabled or elderly and no one in your AU has earned income.

(c) Six months if your AU has:

(i) Cash assistance; or

(ii) Earned income; or

(iii) Income, household circumstances, and deductions that are not likely to change.

(d) Three months for all other AUs, including AUs with:

(i) A migrant or seasonal farmworker;

(ii) An able-bodied adult without dependents (ABAWD);

(iii) No income or cash assistance;

(iv) Expenses that are more than the income the AU gets;

(v) Homeless individuals or AU members staying in an emergency or family violence shelter;

(vi) An AU member who is staying in a non-ADATSA drug and alcohol treatment center.

(2) We may shorten or lengthen your certification period to match your cash or medical assistance end date unless you have already received the maximum certification allowable for your AU.

(3) We terminate your certification period when:

(a) We get proof of a change that makes your AU ineligible; or

(b) We get information that your AU is ineligible; and

(c) You do not provide needed information to verify your AU's circumstances.

[Statutory Authority: RCW 74.08.090 and 74.04.510. 99-16-024, 388-416-0005, filed 7/26/99, effective 9/1/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-416-0005, filed 7/31/98, effective 9/1/98.]

Washington State Code Reviser's Office