PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
Original Notice.
Preproposal statement of inquiry was filed as WSR 02-10-073 on April 26, 2002.
Title of Rule: WAC 388-400-0040 General eligibility requirements for the federal food assistance program and 388-400-0045 Food assistance program for legal immigrants (FAP) -- General eligibility requirements.
Purpose: The Division of Employment and Assistance Programs is amending rules to correct WAC references, reflect policy implemented under the Farm Security and Rural Investment Act of 2002, and rename the food assistance programs in Washington state to Washington Basic Food Program.
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 388-400-0040 General eligibility requirements for the federal food assistance program, gives a summary of eligibility rules that apply to both federally-funded and state-funded basic food benefits.
WAC 388-400-0045 Food assistance program for legal immigrants (FAP) -- General eligibility requirements, explains which immigrants can receive state-funded basic food benefits if they are not eligible for federal benefits due to their alien status.
Reasons Supporting Proposal: The Farm Security and Rural Investment Act of 2002 restored federal food stamp benefits to certain legal immigrants. These rule changes are necessary to clarify who is eligible for basic food as well as update the language and references to other rules.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: John Camp, 1009 College S.E., Lacey, WA 98504, (360) 413-3232.
Name of Proponent: Department of Social and Health Services, governmental.
Rule is necessary because of federal law, Farm Security and Rural Investment Act of 2002, Public Law 107-171, Section 4401.
Explanation of Rule, its Purpose, and Anticipated Effects: WAC 388-400-0040 General eligibility requirements for the federal food assistance program and 388-400-0045 Food assistance program for legal immigrants (FAP) -- General eligibility requirements, see Purpose, Summary, and Reasons Supporting Proposal above.
Proposal Changes the Following Existing Rules: See Purpose, Summary, and Reasons Supporting Proposal above.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposed rule does not have an economic impact on small businesses. It only affects DSHS clients by modifying immigrant eligibility provisions for food assistance benefits.
RCW 34.05.328 does not apply to this rule adoption. These amendments are exempt as allowed under RCW 34.05.328 (5)(b)(vii) which states in-part, "[t]his section does not apply to....rules of the department of social and health services relating only to client medical or financial eligibility and rules concerning liability for care of dependents." This rule adopts federal requirements mandated by P.L. 107-171, Section 4401, and United States Department of Agriculture, Food and Nutrition Service Administrative Notice 03-04 regarding immigrant eligibility rules for food assistance benefits.
Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on February 4, 2003, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by January 31, 2003, 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., February 4, 2003.
Date of Intended Adoption: Not earlier than February 5, 2003.
December 23, 2002
Bonita H. Jacques
for Brian H. Lindgren, Manager
Rules and Policies Assistance Unit
3194.2(2) When a person applies for benefits, a decision is made about who must be included in the assistance unit as specified under WAC 388-408-0035.
(3) After the assistance unit is determined, all members must:
(a) Be U.S. citizens or nationals as specified under WAC 388-424-0005(1); or
(b) Be qualified aliens as specified under WAC 388-424-0020;
(c) Be residents of the state of Washington as specified under chapter 388-468 WAC; and
(d) Provide Social Security numbers as specified under chapter 388-476 WAC.
(4) To be eligible, an assistance unit must:
(a) Have income at or below gross and net income standards unless excluded from these standards as specified under WAC 388-478-0060;
(b) Own resources at or below the applicable resource limits as specified in WAC 388-470-0005;
(c) Provide identity as specified under WAC 388-406-0015;
(d) Participate in the food stamp employment and training program (FSE&T) as specified under chapter 388-444 WAC;
(e) Meet the eligibility criteria for strikers as specified in chapter 388-480 WAC;
(f) Return a completed monthly report as required under chapter 388-456 WAC.
(5) Assistance units are allowed deductions from their income as specified under WAC 388-450-0200.
(6) Persons with disabilities may be allowed special consideration as explained in subsection (7) of this section, when the person:
(a) Receives SSI;
(b) Receives disability payments:
(i) Under Titles I, II, XIV, or XVI of the Social Security Act;
(ii) From a local, state or federal government agency that considers the disability as permanent under section 221(i) of the Social Security Act;
(iii) From the Railroad Retirement Act under sections 2 (a)(1)(iv) and (v) and meets Title XIX disability elements or is eligible for Medicare.
(c) Receives disability-related medical assistance under Title XIX of the Social Security Act;
(d) Is a veteran and receives disability payments rated at one hundred percent;
(e) Is a spouse of a veteran and:
(i) Is in need of an attendant or permanently housebound; or
(ii) Has a disability as described under section 221(i) of the Social Security Act and entitled to death or pension payments under Title 38 of the USC.
(7) A person with disabilities described in subsection (6) of this section:
(a) Does not have to have income at or below the gross income standard, only the net income standard;
(b) May be entitled to a medical deduction as described under chapter 388-450 WAC; or
(c) Is not required to count the value of a vehicle when the vehicle is needed to transport them as specified under WAC 388-470-0070 and 388-470-0075.
(8) The following persons applying for food assistance are denied benefits:
(a) Students attending an institution of higher education when the student does not meet the eligibility factors as specified under WAC 388-482-0005;
(b) Able-bodied adults without dependents who are no longer eligible under WAC 388-444-0030; and
(c) Assistance units who participate in the food distribution program. This program is available to assistance units living on or near an Indian reservation. The program is administered by tribal organizations approved by the federal Food and Nutrition Service (FNS).
(9) The following persons applying for food assistance are denied benefits but some of their income and all of their resources are considered available to the eligible assistance unit members:
(a) Fugitive felons including probation and parole violators and felons convicted of drug-related felonies as specified under chapter 388-442 WAC;
(b) Persons failing to attest to citizenship or alien status under WAC 388-408-0035(9);
(c) Persons disqualified for:
(i) An intentional program violation as specified under WAC 388-446-0015;
(ii) Failure to provide a Social Security number under chapter 388-476 WAC; or
(iii) Not participating with work requirements as specified under chapter 388-444 WAC; or
(d) Persons who are ineligible aliens under WAC 388-424-0020)) The Washington Basic Food Program (Basic Food) is a nutrition program to help low-income individuals and families buy food. This rule is a summary of the rules for Basic Food.
(1) When you apply for Basic Food, we decide who is in your assistance unit (AU) based on the requirements under WAC 388-408-0035.
(2) To be eligible for Basic Food benefits, your AU must meet the eligibility requirements of the most current version of the Food Stamp Act of 1977.
(3) To be eligible for federal Basic Food benefits, each AU member must be:
(a) A U.S. citizen or national as described under WAC 388-424-0005; or
(b) Meet the alien status requirements for federal benefits described under WAC 388-424-0020.
(4) An AU member who is not eligible for federal benefits may be eligible for state-funded Basic Food benefits if they meet the requirements described under WAC 388-400-0045.
(5) To be eligible for federal or state Basic Food benefits, each AU member must:
(a) Be a resident of the state of Washington as required under WAC 388-468-0005;
(b) Meet the citizenship or alien status requirements of either WAC 388-424-0020 or 388-424-0025;
(c) Provide their Social Security number as required under WAC 388-476-0005;
(d) Provide proof of identity as required under WAC 388-490-0005;
(e) Participate in the food stamp employment and training program (FSE&T) as required under chapter 388-444 WAC; and
(f) Meet the eligibility criteria for strikers as described under WAC 388-480-0001.
(6) To be eligible for Basic Food, your AU must:
(a) Have countable income at or below gross and net income standards as described under WAC 388-478-0060; and
(b) Have countable resources at or below your AU's resource limit under WAC 388-470-0005.
(7) If your AU has income under the gross income standard, we deduct certain expenses from your income under WAC 388-450-0200 before we calculate your Basic Food benefits.
(8) If an eligible person in your AU is elderly or disabled, some rules may help your AU to be eligible for Basic Food or to get more Basic Food benefits. These include:
(a) Resources limits and excluding certain resources under chapter 388-470-WAC;
(b) An excess shelter deduction over the limit set for AUs without an elderly or disabled individual under WAC 388-450-0190;
(c) A deduction for out-of-pocket medical expenses for the elderly or disabled individual if they are over thirty-five dollars a month under WAC 388-450-0200; and
(d) Being exempt from the gross income standard under WAC 388-478-0060.
(9) For Basic Food, elderly means a person who is age sixty or older;
(10) For Basic Food, disabled means a person who:
(a) Gets SSI;
(b) Gets disability payments or blindness payments under Title I, II, XIV, or XVI of the Social Security Act;
(c) Gets disability retirement benefits from a state, local or federal government agency because of a disability considered permanent under section 221(i) of the Social Security Act;
(d) Gets disability benefits from the Railroad Retirement Act under sections 2 (a)(1)(iv) and (v) and:
(i) Meets Title XIX disability requirements; or
(ii) Is eligible for Medicare.
(e) Receives disability-related medical assistance under Title XIX of the Social Security Act;
(f) Is a veteran and receives disability payments based on one hundred percent disability;
(g) Is a spouse of a veteran and:
(i) Either needs an attendant or is permanently housebound; or
(ii) Has a disability under section 221(i) of the Social Security Act and is eligible for death or pension payments under Title 38 of the USC.
(11) If a person in your AU attends an institution of higher education and does not meet the requirements to be an eligible student under WAC 388-482-0005, we do not consider this person as a member of your AU.
(12) If your AU lives on or near an Indian reservation and participates in a tribal food distribution program approved by Food and Nutrition Service (FNS), your AU is not eligible for Basic Food benefits.
(13) If an AU member is ineligible for any of the following reasons, we count the ineligible person's income as described under WAC 388-450-0140:
(a) Able-bodied adults without dependents who are no longer eligible under WAC 388-444-0030;
(b) Persons convicted of a drug-related felony or fleeing a felony prosecution, conviction, or confinement under WAC 388-442-0010;
(c) Persons who do not attest to citizenship or alien status under WAC 388-424-0005;
(d) Persons who are ineligible aliens under WAC 388-424-0020;
(e) Persons disqualified for an intentional program violation under WAC 388-446-0015;
(f) Persons who do not provide a Social Security number when required under WAC 388-476-0005; or
(g) Persons who failed to meet work requirements under chapter 388-444 WAC.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-400-0040, filed 7/31/98, effective 9/1/98.]
(a) Meets those alien status requirements of the Food Stamp Act of 1977 in effect prior to August 22, 1996;
(b) Is not eligible for federal food stamps solely due to the immigrant provisions of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, P.L. 104-193, as amended. The immigrant must meet alien status rules under WAC 388-424-0025.
(2) FAP provides the same amount of benefits as the federal food stamp program. Some assistance units may receive a combined benefit of both state and federal food stamps. Food assistance benefit levels are found in WAC 388-478-0060.
(3) FAP follows the same eligibility rules, except for alien status, as the federal food stamp program. The federal food stamp program summary is found in WAC 388-400-0040)) If you are not eligible for federally-funded Basic Food benefits because you do not meet the alien status requirements under WAC 388-424-0020, you may be eligible for state-funded Basic Food is you meet both of the following requirements:
(a) You are a Washington state resident; and
(b) You meet the immigrant eligibility requirements under WAC 388-424-0025.
(2) State-funded Basic Food follows the same eligibility rules as federally-funded Basic Food except for rules related to alien status. A summary of the rules for Basic Food is found in WAC 388-400-0040.
(3) Some assistance units (AUs) may receive a combined benefit of both state and federal Basic Food benefits. Your AUs maximum allotment of Basic Food benefits is found under WAC 388-478-0060.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-400-0045, filed 7/31/98, effective 9/1/98.]