Date of Adoption: February 28, 2002.

     Purpose: Amending WAC 388-450-0140 How does the income of an ineligible assistance unit member affect my eligibility and benefits for food assistance? The Division of Employment and Assistance Programs is adopting this rule to implement federal regulations on how the department treats the income and expenses for certain persons who are not eligible for food assistance benefits.

     Citation of Existing Rules Affected by this Order: Amending WAC 388-450-0140.

     Statutory Authority for Adoption: RCW 74.04.057, 74.04.500, 74.04.510.

      Adopted under notice filed as WSR 02-03-021 on January 4, 2002.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 1, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: The provisions in this rule filing are required by federal regulations at 7 C.F.R. 273.11.
     Effective Date of Rule: March 26, 2002.

February 28, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

     (1) We do not count the ineligible member(s) to determine your AU size for the gross monthly income limit, net monthly income limit, or maximum allotment under WAC 388-478-0060.

     (2) If ((the)) an AU member is ineligible because they are disqualified for an intentional program violation (IPV), they failed to meet work requirements under chapter 388-444 WAC, or they are ineligible felons under WAC 388-442-0010:

     (a) We count all of the ineligible member's gross income as a part of your AU's income; and

     (b) We count all of the ineligible member's allowable expenses as part of your AU's expenses.

     (3) If ((the)) an AU member is ((ineligible because they are)) an ineligible ABAWD under WAC 388-444-0030, is ineligible due to their alien status, ((they)) failed to sign the application to state their citizenship or alien status, or ((they refuse)) refused to get or provide us a Social Security number:

     (a) ((We prorate the ineligible member's gross income by:

     (i) Dividing the ineligible member's income by the total number of people in the AU;

     (ii) Subtracting the ineligible member's share of the income; and

     (iii) Counting the remaining income to the other members of the AU; and

     (iv) Allowing the twenty percent earned income deduction for the ineligible member's countable earned income.

     (b) If the AU is eligible for a utility allowance under WAC 388-450-0195, we include the ineligible member to determine the allowance. This includes using the ineligible member to determine the standard utility allowance (SUA).

     (c) We prorate the ineligible member's expenses other than utilities by:

     (i) Dividing the ineligible member's allowable expenses by the total number of people in the AU;

     (ii) Subtracting the ineligible member's share of the expenses; and

     (iii) Counting the remaining expenses to the other members of the AU)) We allow the twenty percent earned income disregard for the ineligible member's earned income;

     (b) We prorate the remaining income of the ineligible member among all the AU members by excluding the ineligible member's share and counting the remainder to the eligible members; and

     (c) We divide the ineligible member's allowable expenses evenly among all members of the AU when the ineligible member has income.

[Statutory Authority: RCW 74.04.057, 74.04.500, 74.04.510. 01-21-060, § 388-450-0140, filed 10/16/01, effective 12/1/01. Statutory Authority: RCW 74.08.090 and 74.04.510. 99-16-024, § 388-450-0140, 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, § 388-450-0140, filed 7/31/98, effective 9/1/98.]

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