WSR 02-19-026

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed September 9, 2002, 3:47 p.m. , effective October 1, 2002 ]

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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 1, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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