SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
Date of Adoption: September 4, 2002.
Purpose: Amend WAC 388-424-0020 Alien status and requirements for the federal food stamp program, the federal Farm Security and Rural Investment Act of 2002 requires the department to provide federal food stamp benefits to certain immigrants who receive disability cash or medical benefits. This law requires an implementation date of October 1, 2002, for this provision. The Division of Employment and Assistance Programs is amending this rule to implement this federal requirement.
Citation of Existing Rules Affected by this Order: Amending WAC 388-424-0020.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.057, 74.04.510.
Other Authority: House Resolution 2646 - Farm Security and Rural Investment Act of 2002, Title IV, Section 4401, Food and Nutrition Service Administrative Notice 02-33.
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: Federal statute requires that the department implement these new provisions by October 1, 2002, in order for the state to remain in compliance and eligible to receive federal funds.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 1, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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:
Pilot Rule Making:
or Other Alternative Rule Making:
Effective Date of Rule: October 1, 2002.
September 4, 2002
Bonita H. Jacques
for Brian H. Lindgren, Manager
Rules and Policies Assistance Unit3163.1
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Cuban or Haitian entrant
Aliens lawfully admitted for permanent residence
Parolee for at least one year
Battered spouse, battered child, or parent or child of a
battered person as defined in WAC 388-424-0005
Deportation withheld/Cuban or Haitian entrant
1. You are a permanent resident ((
2. You are a honorably discharged ((
4. You were legally living in U.S. on August 22, 1996 and:
c. Sixty-five or older on)) You were born on or before
August 22, ((
(a) Hmong or Highland Laotian tribe members (((
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
(b) Canadian born American Indians who are fifty percent
American Indian blood((
(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 ((
you can receive credit for SSA work quarters by:
(a) Earning enough money to qualify for work quarters;
(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.
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.]