WSR 07-18-052

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed August 31, 2007, 8:10 p.m. , effective September 1, 2007 ]


Effective Date of Rule: September 1, 2007.

Purpose: This rule change is necessary to amend WAC 388-492-0070 How are my Washington combined application program (WASHCAP) food benefits calculated?, in order to be consistent with federally-approved changes to the shelter standards and threshold used to calculate WASHCAP benefits. The changes will be made permanent in a change currently underway with an intended adoption date of October 1, 2007.

Citation of Existing Rules Affected by this Order: Amending WAC 388-492-0070.

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

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: The approved changes to the WASHCAP shelter standards will constitute an increase in food benefits for the vast majority of WASHCAP recipients. It is to the benefit of these recipients to provide the increased benefits as quickly as possible. Further, the conditions that precipitate the increase will be implemented in August 2007. Consistent with current change effective date rules, the increase should take place the following month (September 2007). Additionally, these changes need to be completed prior to the close of the current federal fiscal year (September 30, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: July 31, 2007.

Stephanie E. Schiller

Rules Coordinator

3906.1
AMENDATORY SECTION(Amending WSR 06-21-011, filed 10/6/06, effective 11/6/06)

WAC 388-492-0070   How are my WASHCAP food benefits calculated?   We calculate your food benefits as follows:

(1) We begin with your gross income.

(2) We subtract one hundred thirty-four dollars from your gross income to get your countable income.

(3) We figure your shelter cost based on information we receive from Social Security Administration (SSA), unless you report a change as described under WAC 388-492-0080. If you pay:

(a) ((Three hundred forty-two)) Two hundred seventy-five dollars or more a month for shelter, we use three hundred fifty-four dollars as your shelter cost; or

(b) Less than ((three hundred forty-two)) two hundred seventy-five dollars for shelter, we use one hundred seventy-one dollars as your shelter cost; and

(c) We add the current ((limited)) standard utility allowance under WAC 388-450-0195 to determine your total shelter cost.

(4) We figure your shelter deduction by subtracting one half of your countable income from your shelter cost.

(5) We figure your net income by subtracting your shelter deduction from your countable income and rounding the resulting figure up from fifty cents and down from forty-nine cents to the nearest whole dollar.

(6) We figure your WASHCAP food benefits (allotment) by:

(a) Multiplying your net income by thirty percent and rounding up to the next whole dollar; and

(b) Subtracting the result from the maximum allotment under WAC 388-478-0060.

(c) If you are eligible for WASHCAP, you will get at least ten dollars in food benefits each month.

[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, 388-492-0070, 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. 05-17-155, 388-492-0070, filed 8/22/05, effective 10/1/05; 05-08-008, 388-492-0070, filed 3/25/05, effective 4/25/05; 04-23-026, 388-492-0070, 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, 388-492-0070, filed 10/7/03, effective 12/1/03. Statutory Authority: RCW 74.04.057, 74.04.500, 74.04.510. 03-01-045, 388-492-0070, filed 12/10/02, effective 1/10/03; 02-15-148, 388-492-0070, filed 7/22/02, effective 9/1/02; 01-21-058, 388-492-0070, filed 10/16/01, effective 12/1/01.]

Washington State Code Reviser's Office