WSR 02-19-025

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Division of Employment and Assistance Programs)

[ Filed September 9, 2002, 3:46 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-10-073.

Title of Rule: WAC 388-424-0020 Alien status and requirements for the federal food stamp program.

Purpose: Amend the rule to implement eligibility for federal food stamp benefits to certain disabled immigrants and comply with the requirements of the federal Farm Security and Rural Investment Act of 2002 (Public Law 107-171, Section 4401).

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510.

Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510.

Summary: WAC 388-424-0020 Explains the requirements for a noncitizen to qualify for federal food stamp benefits. This change expands eligibility to certain qualified aliens who receive disability cash or medical benefits.

Reasons Supporting Proposal: With passage of the Farm Security and Rural Investment Act of 2002, congress expanded eligibility for federal food stamp benefits to certain disabled immigrants.

This change is to permanently adopt these federal requirements that the department is implementing through emergency adoption effective October 1, 2002.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: John Camp, Division of Employment and Assistance Programs, P.O. Box 45480, Olympia, WA 98504-5480, (360) 413-3232.

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

Rule is necessary because of federal law, HR 2646 - Farm Security and Rural Investment Act of 2002 (P.L. 107-171, Section 4401).

Explanation of Rule, its Purpose, and Anticipated Effects: WAC 388-424-0020 Alien status and requirements for the federal food stamp program, explains the requirements for a noncitizen to qualify for federal food stamp benefits.

Proposal Changes the Following Existing Rules: This change expands eligibility to certain qualified aliens who receive disability cash or medical benefits.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The changes as a result of these rules only affect client eligibility for services, 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, and are exempt under RCW 34.05.328 (5)(b)(iii), "Rules adopting or incorporating by reference without material change federal statutes or regulations."

Hearing Location: Office Building 2 Auditorium (DSHS Headquarters) (Parking off 11th and Jefferson), 1115 Washington, Olympia, WA 98504, on October 22, 2002, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by October 18, 2002, phone (360) 664-6094, TTY (360) 664-6178, e-mail FernAX@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, e-mail fernaax@dshs.wa.gov by 5:00 p.m., October 22, 2002.

Date of Intended Adoption: No earlier than October 23, 2002.

September 4, 2002

Bonita H. Jacques

for Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3163.1
AMENDATORY SECTION(Amending WSR 99-01-058, filed 12/11/98, effective 1/11/99)

WAC 388-424-0020   How does my alien status ((and)) impact my eligibility ((requirements)) for the federal food stamp program((.))?   (1) ((For federal food stamps, an alien)) If you are not a U.S. citizen, you must meet ((one of)) the following conditions ((in column 1 and one of the conditions in column 2.)) and be otherwise eligible in order to receive federal food stamp benefits:


Column 1 Column 2
Refugee

Asylee

Deportation withheld

Cuban or Haitian entrant

Aliens lawfully admitted for permanent residence

(immigrants)

Parolee for at least one year

Conditional Entrant

Battered spouse, battered child, or parent or child of a

battered person as defined in WAC 388-424-0005

((The following noncitizens)) You are ((only)) eligible for seven years ((after admitted or)) from the date you entered the U.S. or from the date you were granted INS status:

Refugee/Amerasian/Asylee

Deportation withheld/Cuban or Haitian entrant

(((The above noncitizens may be eligible even if they become immigrants within)) If you entered the U.S. under an INS status listed above, you are still eligible for federal food stamps eve if you change your INS status to immigrant during the seven-year period.(()))

((There is no time limit for the following noncitizens)) You may be eligible for federal benefits without a time limit if you meet any of the following conditions:
1. You are a permanent resident ((aliens with)) alien and you have worked or can get credit for forty Social Security Administration (SSA) work quarters.

2. You are a honorably discharged ((veterans)) veteran, you are in active duty military (other than training), or you are the spouse, ((and)) or unmarried dependent ((children)) child of someone who meets this requirement.

3. ((Lawfully)) You are blind or disabled and receive cash or medical benefits based on supplemental Security Income (SSI) disability or blindness criteria.

4. You were legally living in U.S. on August 22, 1996 and:

a. ((Now)) You are currently under age eighteen, or

b. ((Disabled or blind, or

c. Sixty-five or older on)) You were born on or before August 22, ((1996)) 1931.


(2) In addition to the above noncitizens, ((the following, legally residing in the U.S., are)) you may be eligible for federal food ((stamps.)) stamp benefits if you legally live in the U.S. and are a member of one of the following groups:

(a) Hmong or Highland Laotian tribe members (((and)) including the tribal member's spouse and dependent children) when tribe ((rendered assistance to)) assisted the U.S. during the Vietnam era((.)) beginning August 5, 1964 and ending May 7, 1975;

(b) Canadian born American Indians who are fifty percent American Indian blood((.)); and

(c) American Indians who are noncitizens and members of an Indian tribe as defined in section 4(e) of the Indian Self-Determination and Education Assistance Act.

(3) If you are a lawful permanent ((residents)) resident, you can receive credit for SSA work quarters by:

(a) Earning enough money to qualify for work quarters; ((or))

(b) Getting credit for quarters earned by a parent or step-parent while ((the alien is)) you are under eighteen; or

(c) Getting credit for quarters earned by a spouse ((during their marriage if the alien remains)) while you are married ((to the spouse or the spouse is)) if you are still married to them or they are deceased.

(4) ((Lawful permanent residents)) You cannot receive credit for a SSA work quarter after January 1, 1997 if ((receiving)) you received TANF, nonemergency Medicaid, or food stamp benefits during ((that)) the quarter.

(5) If you apply for TANF, nonemergency Medicaid, or food stamp benefits during your fortieth quarter and you earned enough money to qualify for the quarter before you applied for benefits, you get credit for that quarter.

(6) You can get federal food stamp benefits for up to six months while we wait for verification of your eligibility if you or the department:

(a) Asked SSA for proof of your work quarters, SSA responded that you have less than forty quarters, and you provide proof that SSA is making an investigation to decide if they can credit you with more quarters; or

(b) Turned in a request to a federal agency for proof that you meet immigrant eligibility requirements for federal food stamp benefits. If you requested this proof, you must provide proof that the agency has accepted this request.

[Statutory Authority: RCW 74.04.510, S. 1150, the Agricultural Research, Extension, and Education Reform Act of 1998. 99-01-058, 388-424-0020, filed 12/11/98, effective 1/11/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-424-0020, filed 7/31/98, effective 9/1/98. Formerly WAC 388-518-1805.]

Washington State Code Reviser's Office