WSR 02-19-042



(Economic Services Administration)

[ Filed September 11, 2002, 8:23 a.m. ]

Original Notice.

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

Title of Rule: WAC 388-450-0185 General information about earned income disregard and income deductions for food assistance programs.

Purpose: The Division of Employment and Assistance Programs is amending the rule to implement a change in the food assistance standard deduction as required under the federal Farm Security and Rural Investment Act of 2002.

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 388-450-0185 explains the deductions that are subtracted from a client's income when determining their benefit level for food assistance.

Reasons Supporting Proposal: With passage of HR 2646, Farm Security and Rural Investment Act of 2002, congress replaced the flat standard deduction of $134 with a deduction that is the larger amount of 8.31% of the federal poverty rate for the client's assistance unit or $134 whichever is greater. This is capped at the standard for six members.

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 2647, Farm Security and Rural Investment Act of 2002 (Public Law 107-171, Section 4103).

Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose, Summary, and Reasons Supporting Proposal above.

Proposal Changes the Following Existing Rules: See Summary and Reasons Supporting Proposal above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The rules only affect client eligibility for services, and 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), "This section does not apply to... Rules adopting or incorporating by reference without material change federal statutes or regulations...."

Hearing Location: Office Building 2 Auditorium (DSHS Headquarters (parking at 11th and Washington), 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

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, by 5:00 p.m., October 22, 2002.

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

September 6, 2002

Bonita H. Jacques

for Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

AMENDATORY SECTION(Amending WSR 99-16-024, filed 7/26/99, effective 9/1/99)

WAC 388-450-0185    ((General information about earned)) Does the department count all of my income ((disregard and income deductions)) to determine my eligibility and benefits for food assistance ((programs.))?   We subtract the following amounts ((are deducted from a household's income to compute)) from your assistance unit's (AU's) countable income before we determine your food assistance ((program benefits)) benefit amount:

(1) ((One hundred thirty-four dollars per household per month ()) A standard deduction(();)) based on the number of people in your AU under WAC 388-408-0035:

Eligible and ineligible AU members Standard deduction
1 $134
2 $134
3 $134
4 $134
5 $147
6 or more $168

(2) Twenty percent of ((the household's)) your AU's gross earned income (earned income ((disregard)) deduction);

(3) ((The amount of the household's incurred or)) Your AU's expected monthly dependent care expense as described below:

(a) The dependent care must be needed for ((an assistance unit)) AU member to ((seek, accept or continue employment; or)):

(i) Keep work, look for work, or accept work;

(ii) Attend training or education to prepare for employment; or

(iii) Meet employment and training requirements under chapter 388-444 WAC.

(b) ((The care must be needed for an assistance unit member to attend training or education in preparation for to employment;

(c) The expense must be payable to someone outside of the food assistance household; and

(d) The deduction cannot exceed)) We subtract allowable dependent care expenses that are payable to someone outside or your AU:

(i) Up to two hundred dollars for each dependent under age two ((years of age)); ((or)) and

(ii) Up to one hundred seventy-five dollars for each dependent age two or older.

(4) ((Nonreimbursable monthly)) Medical expenses over thirty-five dollars ((incurred or expected to be incurred)) a month owed or anticipated by an elderly or disabled household member as ((specified)) described under WAC 388-450-0200.

(5) Legally obligated current or back child support paid ((for a person who is not a member of the household)) to someone outside of your AU:

(a) For a person who is not in your AU; or

(b) For a person who is in your AU to cover a period of time when they were not living with you.

(6) A portion of your shelter costs as ((provided)) described in WAC 388-450-0190.

[Statutory Authority: RCW 74.08.090 and 74.04.510. 99-16-024, 388-450-0185, 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, 388-450-0185, filed 7/31/98, effective 9/1/98.]

Washington State Code Reviser's Office