WSR 02-19-045

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed September 11, 2002, 8:27 a.m. , effective October 1, 2002 ]

Date of Adoption: September 6, 2002.

Purpose: The Division of Employment and Assistance Programs is implementing changes to the food assistance maximum shelter deduction and the food assistance standard utility allowance

Citation of Existing Rules Affected by this Order: Amending WAC 388-450-0190 and 388-450-0195.

Statutory Authority for Adoption: RCW 74.04.057, 74.04.500, 74.04.510, 7 C.F.R. 273.9.

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 United States Department of Agriculture, Food and Nutrition Service (FNS) requires states to update maximum shelter deduction and the standard utility allowance on an annual basis. These changes must be implemented on October 1, 2002.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 2, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.
Effective Date of Rule: October 1, 2002.

September 6, 2002

Bonita H. Jacques

for Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3167.1
AMENDATORY SECTION(Amending WSR 01-21-059, filed 10/16/01, effective 12/1/01)

WAC 388-450-0190   How does the department figure my shelter cost income deduction for food assistance?   The department calculates your shelter cost income deduction as follows:

(1) First, we add up the amounts your assistance unit (AU) must pay each month for shelter. We do not count any overdue amounts, late fees, penalties or any amount you pay ahead of time as an allowable cost. We count the following expenses as an allowable shelter cost:

(a) Ongoing rent, lease, and mortgage payments;

(b) Property taxes;

(c) Homeowner's association or condo fees;

(d) Homeowner's insurance for the building only;

(((d))) (e) Utility allowance your AU is eligible for under WAC 388-450-0195;

(((e))) (f) Out-of-pocket repairs for the home if it was substantially damaged or destroyed due to a natural disaster such as a fire or flood;

(((f))) (g) Expense of a temporarily unoccupied home because of employment, training away from the home, illness, or abandonment caused by a natural disaster or casualty loss if your:

(i) AU intends to return to the home;

(ii) AU has current occupants who are not claiming the shelter costs for food assistance purposes; and

(iii) AU's home is not being leased or rented during your AU's absence.

(2) Second, we subtract all deductions your AU is eligible for under WAC 388-450-0185 (1) through (5) from your AU's gross income. The result is your AU's net income.

(3) Finally, we subtract one-half of your AU's net income from your AU's total shelter costs. The result is your excess shelter costs. Your AU's shelter cost deduction is the excess shelter costs:

(a) ((Up to a maximum of three hundred dollars if no one in your AU is elderly or disabled and you were found eligible for benefits prior to March 1, 2001; or

(b))) Up to a maximum of three hundred ((fifty-four)) sixty-seven dollars if no one in your AU is elderly or disabled and you were found eligible for benefits or were recertified for benefits either on or after March 1, 2001; or

(((c))) (b) The entire amount if someone in your AU is elderly or disabled, even if the amount is over three hundred ((fifty-four)) sixty-seven dollars.

[Statutory Authority: RCW 74.04.057, 74.04.500, 74.04.510. 01-21-059, 388-450-0190, filed 10/16/01, effective 12/1/01. Statutory Authority: RCW 74.08.090 and 74.04.510. 01-06-030, 388-450-0190, filed 3/2/01, effective 4/2/01; 99-16-024, 388-450-0190, 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, 388-450-0190, filed 7/31/98, effective 9/1/98.]


AMENDATORY SECTION(Amending WSR 01-21-059, filed 10/16/01, effective 12/1/01)

WAC 388-450-0195   Utility allowances for food assistance programs.   (1) For food assistance programs, "utilities" include the following:

(a) Heating and cooking fuel;

(b) Cooling and electricity;

(c) Water and sewerage;

(d) Garbage and trash collection; and

(e) Basic telephone service.

(2) The department uses the amounts below if you have utility costs separate from your rent or mortgage payment. We add your utility allowance to your rent or mortgage payment to determine your total shelter costs. We use total shelter costs to determine your food assistance benefits.

(((3))) (a) If you have heating or cooling costs, you get a standard utility allowance (SUA) that depends on your assistance unit's size.
Assistance Unit (AU) Size Utility Allowance
1 $((249)) 275
2 $((256)) 283
3 $((264)) 291
4 $((271)) 300
5 $((279)) 308
6 or more $((287)) 316

(((4))) (b) If your AU does not qualify For the SUA and you have utility costs other than telephone costs, you get a limited utility allowance (LUA) of ((one)) two hundred ((ninety-eight)) fifteen dollars.

(((5))) (c) If your AU has only telephone costs and no other utility costs, you get a telephone utility allowance (TUA) of ((thirty-three)) thirty-five dollars.

[Statutory Authority: RCW 74.04.057, 74.04.500, 74.04.510. 01-21-059, 388-450-0195, filed 10/16/01, effective 12/1/01. Statutory Authority: RCW 74.04.510. 00-22-065, 388-450-0195, filed 10/27/00, effective 11/1/00. Statutory Authority: RCW 74.040.510 [74.04.510]. 99-24-052, 388-450-0195, filed 11/29/99, effective 12/1/99. Statutory Authority: RCW 74.04.510. 99-09-055, 388-450-0195, filed 4/19/99, effective 5/20/99. Statutory Authority: RCW 74.04.510 and 7 CFR 273.9 (d)(6). 99-01-069, 388-450-0195, filed 12/14/98, effective 1/14/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-450-0195, filed 7/31/98, effective 9/1/98.]

Washington State Code Reviser's Office