WSR 08-21-104



(Economic Services Administration)

[ Filed October 16, 2008, 1:19 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-17-107.

Title of Rule and Other Identifying Information: The department is amending WAC 388-489-0025 Can my transitional food assistance benefits end before the end of my five-month transition period?

Hearing Location(s): Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA 98503 (one block north of the intersection of Pacific Avenue S.E. and Alhadeff Lane. A map or directions are available at or by calling (360) 664-6097), on November 25, 2008, at 10:00 a.m.

Date of Intended Adoption: Not earlier than November 26, 2008.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail, fax (360) 664-6185, by 5:00 p.m. on November 25, 2008.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by November 18, 2008, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing to amend WAC 388-489-0025 to correct a typographical error in the current rule. The amended rule will reflect that the department will terminate transitional food assistance (TFA) benefits early if all members of the TFA assistance unit are ineligible for Basic Food for the reasons currently specified in the rule.

Reasons Supporting Proposal: The changes to the rule will reflect current policy on when households are ineligible for TFA and be consistent with program requirements under 7 C.F.R. 273.12 and the Food and Nutrition Act of 2008.

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

Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090.

Rule is necessary because of federal law, 7 C.F.R. 273.12.

Name of Proponent: Department of social and health services, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: John Camp, 712 Pear Street S.E., Olympia, WA 98503, (360) 725-4616.

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 setting eligibility requirements for the TFA program within the Washington Basic Food program or Basic Food.

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."

October 14, 2008

Stephanie E. Schiller

Rules Coordinator

AMENDATORY SECTION(Amending WSR 05-19-060, filed 9/16/05, effective 11/1/05)

WAC 388-489-0025   Can my transitional food assistance benefits end before the end of my five-month transition period?   Your transitional food assistance benefits will end early if:

(1) Someone who gets transitional food assistance with you applies and is approved for temporary assistance for needy families while still living in your home. You may reapply to have your eligibility for Basic Food determined;

(2) We learn that you and your family are no longer residing in the state of Washington; or

(3) All members of your household are ineligible to get Basic Food for any of the following reasons:

(a) Refusal to cooperate with quality assurance (WAC 388-464-0001);

(b) Transfer of property to qualify for Basic Food assistance (WAC 388-488-0010);

(c) Intentional program violation (WAC 388-466-0015 and 388-446-0020);

(d) Fleeing felon or violating a condition of probation or parole (WAC 388-442-0010);

(e) Alien status (WAC 388-424-0020 and 388-424-0025);

(f) Employment and training requirements (WAC 388-444-0055 and 388-444-0075);

(g) Work requirements for able-bodied adults without dependents (WAC 388-444-0030);

(h) Student status (WAC 388-482-0005);

(i) Living in an institution where residents are not eligible for Basic Food (WAC 388-408-0040); or

(j) Deceased.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090, and 74.08A.010. 05-19-060, 388-489-0025, filed 9/16/05, effective 11/1/05.]

Washington State Code Reviser's Office