WSR 07-12-025

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed May 29, 2007, 2:50 p.m. , effective June 29, 2007 ]


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

Purpose: The department is amending WAC 388-492-0040 Can I choose whether I get WASHCAP or regular food assistance? This rule change is necessary so we can allow recipients to choose whether to participate in Washington combined application project (WASHCAP) or apply for Basic Food benefits if their food benefits under Basic Food would be at least $40 more due to excess shelter costs or legally-obligated child support payments. The change also removes the high rent threshold as an opt out criterion, to be replaced by the benefit difference criterion, and corrects the date for the grandfathered rule consistent with a court order. The change is consistent with the amendment to the WASHCAP extension demonstration project plan approved by the United States Department of Agriculture, Food and Nutrition Services (FNS) from December 1, 2006, through November 30, 2011. A letter, dated January 17, 2007, from Arthur Foley, Director of Program Development Division, FNS, approves the amendment to the "opt-out" criteria at the $40 threshold versus the high rent cost threshold.

Citation of Existing Rules Affected by this Order: Amending WAC 388-492-0040.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090.

Other Authority: See Purpose above.

Adopted under notice filed as WSR 07-08-056 on March 29, 2007.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: May 23, 2007.

Stephanie E. Schiller

Rules Coordinator

3834.1
AMENDATORY SECTION(Amending WSR 06-21-011, filed 10/6/06, effective 11/6/06)

WAC 388-492-0040   Can I choose whether I get WASHCAP food benefits or Basic Food benefits?   You can choose to have Basic Food benefits instead of WASHCAP food benefits when:

(1) ((Your nonutility shelter costs as defined in WAC 388-450-0190 (1)(a) through (d) are more than five hundred sixty-seven dollars a month;

(2))) Your out-of-pocket medical expenses are more than thirty-five dollars a month; ((or

(3))) (2) You chose to have Basic Food benefits instead of WASHCAP benefits prior to ((January 1)) April 25, 2005; or

(3) Your food benefits under Basic Food would be at least forty dollars more due to excess shelter costs under WAC 388-450-0190 (1)(a) through (e) or legally obligated child support payments.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090 and 7 C.F.R. 273.9 (d)(6)(iii)(b). 06-21-011, 388-492-0040, filed 10/6/06, effective 11/6/06. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090. 05-18-036, 388-492-0040, filed 8/30/05, effective 10/1/05; 05-08-009, 388-492-0040, filed 3/25/05, effective 4/25/05; 04-23-026, 388-492-0040, filed 11/8/04, effective 12/9/04. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510. 03-21-030, 388-492-0040, filed 10/7/03, effective 12/1/03. Statutory Authority: RCW 74.04.057, 74.04.500, 74.04.510. 03-01-045, 388-492-0040, filed 12/10/02, effective 1/10/03; 02-15-148, 388-492-0040, filed 7/22/02, effective 9/1/02; 01-21-058, 388-492-0040, filed 10/16/01, effective 12/1/01.]

Washington State Code Reviser's Office