WSR 06-04-071

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed January 30, 2006, 4:31 p.m. , effective March 2, 2006 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: To amend WAC 388-450-0055 How does money from other agencies or organizations count against my benefits?, to more clearly explain the department policy on the treatment on needs-based assistance payments from other agencies when determining eligibility for cash, medical, and food assistance programs.

Citation of Existing Rules Affected by this Order: Amending WAC 388-450-0055.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090.

Adopted under notice filed as WSR 06-01-087 on December 20, 2005.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: January 26, 2006.

Andy Fernando, Manager

Rules and Policies Assistance Unit

3613.1
AMENDATORY SECTION(Amending WSR 02-14-022, filed 6/21/02, effective 6/22/02)

WAC 388-450-0055   How does ((money)) needs-based assistance from other agencies or organizations count against my benefits?   (1) For cash assistance and medical programs for children, pregnant women, and families:

(a) We do not count ((money)) needs-based assistance payments given to you by other agencies or organizations if the ((money)) assistance is given to you for reasons other than ongoing living expenses which do not duplicate the purpose of cash assistance programs. Ongoing living expenses include the following items:

(i) Clothing;

(ii) Food;

(iii) Household supplies;

(iv) Medical supplies (nonprescription);

(v) Personal care Items;

(iv) Shelter;

(vii) Transportation; and

(viii) Utilities (e.g., lights, cooking fuel, the cost of heating or heating fuel).

(b) If the ((money)) needs-based assistance given to you is supposed to be used for ongoing living expenses, then it duplicates the purpose of cash assistance programs. We count the amount remaining after we subtract the difference between the need standard and the payment standard for your family size as described in chapter 388-478 WAC.

(c) "Needs-based" means eligibility is based on an asset test of income and resources relative to the Federal Poverty Level (FPL). This definition excludes such incomes as retirement benefits or unemployment compensation which are not needs-based.

(2) For food assistance:

(a) We do not count money given to you if:

(i) It is given to you by a private, nonprofit, charitable agency or organization; and

(ii) The amount of money you get is no more than three hundred dollars in any one of the following calendar quarters:

(A) January - February - March,

(B) April - May - June,

(C) July - August - September,

(D) October - November - December.

(b) We count the entire amount if the requirements in (a) of this subsection are not met.

(3) For cash assistance, food assistance, and medical programs for children, pregnant women, and families, if we do count the ((money)) needs-based assistance you get, we treat it as unearned income under WAC 388-450-0025.

[Statutory Authority: RCW 74.08.090 and 74.04.510. 02-14-022, 388-450-0055, filed 6/21/02, effective 6/22/02. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-450-0055, filed 7/31/98, effective 9/1/98.]