WSR 04-15-054



(Economic Services Administration)

[ Filed July 13, 2004, 4:47 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-17-085.

Title of Rule and Other Identifying Information: WAC 388-400-0030 Refugee cash assistance -- Summary of eligibility requirements.

Hearing Location(s): Blake Office Park East (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA on August 24, 2004, at 10:00 a.m.

Date of Intended Adoption: Not earlier than August 25, 2004.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA, e-mail, fax (360) 664-6185, by 5:00 p.m., August 24, 2004.

Assistance for Persons with Disabilities: Contact Fred Swenson, DSHS Rules Consultant, by August 16, 2004, TTY (360) 664-6178 or (360) 664-6097.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule filing will update WAC 388-400-0030 to reference reporting requirements for cash assistance under the department's simplified reporting initiative.

Reasons Supporting Proposal: These rule changes are necessary to support the department's simplified reporting initiative for cash assistance, medical assistance, and the Washington Basic Food program.

The Farm Security and Rural Investment Act of 2002 provides states the option to implement simplified reporting for the food stamp program. SB 6411 (chapter 54, Laws of 2004) requires the department to implement simplified reporting for food stamps by October 31, 2004. The department plans to implement simplified reporting for cash, medical, and the Basic Food program beginning in October 2004.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, SB 6411 (chapter 54, Laws of 2004).

Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, SB 6411 (chapter 54, Laws of 2004).

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of Social and Health Services, Economic Services Administration, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: John Camp, Policy Analyst, 1009 College S.E., Lacey, WA 98504, (360) 413-3232.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These proposed rules do not have an economic impact on small businesses; they only affect DSHS clients by outlining the rules clients must meet in order to be eligible for the department's cash assistance or food benefit programs.

A cost-benefit analysis is not required under RCW 34.05.328. 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 department requirements for cash assistance for refugee cash assistance program.

July 1, 2004

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

AMENDATORY SECTION(Amending WSR 02-09-051, filed 4/12/02, effective 5/13/02)

WAC 388-400-0030   Who is eligible for refugee cash assistance(( -- Summary of eligibility requirements.))?    (1) To be eligible for refugee cash assistance (RCA), you must:

(a) Provide the name of the voluntary agency (VOLAG) which resettled you;

(b) Meet the immigration status requirements of WAC 388-466-0005;

(c) Meet employment and training requirements of WAC 388-466-0150; ((and))

(d) Meet income and resource requirements of WAC 388-466-0140; and

(e) Report changes of circumstances as required under WAC 388-418-0005.

(2) You are not eligible to receive RCA if you:

(a) Are eligible for temporary assistance for needy families (TANF) or Supplemental Security Income;

(b) Have been denied TANF or have been terminated from TANF due to intentional noncompliance with TANF eligibility requirements; or

(c) Are a full-time student in an institution of higher education.

(3) We determine your eligibility and benefit level for RCA using the TANF payment standards under WAC 388-478-0020.

(4) If you are eligible for RCA you may also be eligible for additional requirements for emergent needs under WAC 388-436-0002.

(5) If you meet the requirements of this section you are eligible for refugee cash assistance only during the eight-month period beginning in the first month you entered the United States (WAC 388-466-0120).

[Statutory Authority: RCW 74.08.090, 74.04.050, 74.08A.320, and 7 C.F.R. 400.65, 400.66, 400.67, 400.68, and 400.69. 02-09-051, 388-400-0030, filed 4/12/02, effective 5/13/02. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, and 74.08.090. 01-06-031, 388-400-0030, filed 3/2/01, effective 4/1/01; 98-16-044, 388-400-0030, filed 7/31/98, effective 9/1/98.]

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