WSR 02-10-091

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed April 29, 2002, 3:30 p.m. , effective May 1, 2002 ]

Date of Adoption: April 25, 2002.

Purpose: Amending WAC 388-470-0075 How is my vehicle counted for food assistance? This rule explains how the department treats vehicles for food assistance. Certain vehicles can be excluded in their entirety. If a vehicle cannot be completed excluded, we must count it towards the resource limit.

Citation of Existing Rules Affected by this Order: Amending WAC 388-470-0075.

Statutory Authority for Adoption: RCW 74.08.090 and 74.04.510.

Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: The current rule is incorrect and does not accurately reflect federal regulations (7 C.F.R. chapter II, Part 273). This exposes us to payment errors and could potentially result in federal sanctions.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Effective Date of Rule: May 1, 2002.

April 25, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3076.3
AMENDATORY SECTION(Amending WSR 01-16-134, filed 7/31/01, effective 11/1/01)

WAC 388-470-0075   How is my vehicle counted for food assistance?   This rule applies to food assistance only.

(1) A vehicle is a motorized device that the client can use as a regular means of transportation.

(2) If you own a licensed vehicle we (the department) ((exclude)) do not count its entire value((, even when you are temporarily unemployed,)) if the vehicle ((is)):

(a) Has an equity value (Fair Market Value (FMV) minus what you owe on the vehicle) of one thousand five hundred dollars or less.

(b) Is used over fifty percent of the time ((for)) to make income((-producing purposes)). This includes vehicles such as a taxi, truck, or fishing boat. If you are a self-employed farmer or fisher and your self-employment ends, we ((continue to)) still exclude your vehicle for one year from the date you end your self-employment.

(((b))) (c) Is used to ((produce)) make income each year that is consistent with its ((fair market value ())FMV(())), even if used on a seasonal basis.

(((c) Necessary))

(d) Is needed for long-distance travel, other than daily commuting, for the employment of ((a household member whose resources are considered available to the assistance unit (AU), such as an ineligible alien or disqualified person.

(d) Needed for hunting or fishing to support the household)) an assistance unit (AU).

(e) Is used as ((the)) your AU's home.

(f) Is used to carry fuel for heating or water for home use when this is the primary source of fuel or water for ((the)) your AU.

(g) Is needed to transport a physically disabled AU member, no matter if the disability is permanent or temporary.

(((h) Likely to produce an equity value (FMV less what is owed on the vehicle) of no more than one thousand five hundred dollars.

(2) If your))

(3) For licensed ((vehicle is)) vehicles we did not ((excluded)) exclude in subsection (((1))) (2) above ((and the)), we subtract four thousand six hundred fifty dollars from the vehicle's FMV ((is)) and count the remaining amount toward the resource limit for:

(a) ((Less than four thousand six hundred fifty dollars, we exclude each)) One vehicle ((less than four thousand six hundred fifty dollars)) for each adult AU member no matter how it is used; and

(b) ((Greater than four thousand six hundred fifty dollars, we count the amount in excess of four thousand six hundred fifty dollars toward the resource limit for:

(i) One vehicle for each adult household member no matter how it is used; and

(ii))) Any vehicle ((a household)) an AU member under age eighteen uses to drive to work, school, training, or to look for work.

(((3))) (4) If you have other licensed vehicles, we count the larger value of the following toward ((the)) your AU's resource limit:

(a) FMV greater than four thousand six hundred fifty dollars; or

(b) Equity value (FMV ((less)) minus what is owed on the vehicle).

(((4))) (5) If you are a tribal member and drive an unlicensed vehicle on ((those reservations that don't)) a reservation that does not require vehicle licensing, we count or exclude your vehicle ((will be treated like)) as if it was a licensed vehicle.

(((5))) (6) For all other unlicensed vehicles we count the equity value towards ((the)) your AU's resource limit unless the vehicle is:

(a) Used to ((produce)) make income each year that is consistent with its FMV, even if used on a seasonal basis; or

(b) Work-related equipment ((necessary)) needed for employment or self-employment of a ((household)) member of your AU.

(((6) When excluding vehicles due to their))

(7) When we determine if we can exclude a vehicle because of the vehicle's equity equity value, we do not add up the values of multiple vehicles together. We look at each vehicle ((is evaluated)) separately ((and compared to your resource limit. For vehicles evaluated using the FMV test, we add the values of multiple vehicles together and compare the result to your resource limit)) to see if it is excluded.

(8) After we determine the countable value of each vehicle, we add those values to your other countable resources to see if your resources are below your resource limit.

[Statutory Authority: RCW 74.08.090 and 74.04.510. 01-16-134, 388-470-0075, filed 7/31/01, effective 11/1/01; 01-15-078, 388-470-0075, filed 7/17/01, effective 8/1/01; 99-16-024, 388-470-0075, 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, 388-470-0075, filed 7/31/98, effective 9/1/98.]

Washington State Code Reviser's Office