WSR 09-08-084

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed March 30, 2009, 1:11 p.m. , effective April 1, 2009 ]


Effective Date of Rule: April 1, 2009.

Purpose: Amend rules in TITLE 388 WAC related to eligibility and benefit levels for the Washington combined application program (WASHCAP) and the Washington Basic Food program (Basic Food). These changes must be implemented effective April 1, 2009, to comply with federal requirements for the supplemental nutrition assistance program under the American Recovery and Reinvestment Act of 2009.

Citation of Existing Rules Affected by this Order: Amending WAC 388-412-0015, 388-444-0030, and 388-478-0060.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08A.120.

Other Authority: The American Recovery and Reinvestment Act of 2009 (P.L. 110-05).

Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: To implement the provisions of the American Reinvestment and Recovery Act of 2009 (P.L. 110-5), the United States Department of Agriculture, Food and Nutrition Service (FNS) has published new maximum benefit amounts, minimum monthly benefits, and guidance on time limits for able bodied adults without dependents to implement the provisions of the act relating to the supplemental nutrition assistance program. This emergency adoption implements the federally required rule changes to the SNAP program administered in Washington under WASHCAP and Basic Food.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 3, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 3, Repealed 0.

Date Adopted: March 25, 2009.

Stephanie E. Schiller

Rules Coordinator

4074.1
AMENDATORY SECTION(Amending WSR 08-24-051, filed 11/25/08, effective 12/26/08)

WAC 388-412-0015   General information about your Basic Food allotments.   (1) Your monthly Basic Food benefits are called an allotment. An allotment is the total dollar value of benefits your eligible assistance unit (AU) gets for a calendar month.

(2) You cannot receive the same type of benefit in:

(a) Two states in the same month;

(b) Two AUs in the same month, unless;

(c) You left the AU to live in a shelter for battered women and children. See WAC 388-408-0045.

(3) If your AU does not have any countable net income, you get the maximum allotment for the number of eligible people in your AU. See WAC 388-478-0060 for the maximum allotments.

(4) If your AU has countable net income under WAC 388-450-0162, we calculate, your allotment by:

(a) Multiplying your AU's countable net monthly income by thirty percent;

(b) Rounding this amount up to the next whole dollar; and

(c) Subtracting the result from the maximum allotment.

(5) If we determine you are eligible for Basic Food, your first month's benefits are from the date you applied for benefits through the end of the month of your application. If there was a delay in processing your application, we determine when your benefits start under WAC 388-406-0055. This is called proration and is based on a thirty-day month.

(6) If you apply for benefits on or after the sixteenth of the month, and we determine you are eligible for Basic Food, we issue both your first and second months benefits in one allotment if you are eligible for both months.

(7) If your prorated benefits for the first month are under ten dollars, you will not receive an allotment for the first month.

(8) If your AU has one or two members, your monthly allotment will be at least ((fourteen)) sixteen dollars unless:

(a) It is the first month of your certification period;

(b) Your AU is eligible for only a partial month; and

(c) We reduced your first month's allotment below ((fourteen)) sixteen dollars based on the date you became eligible for Basic Food under WAC 388-406-0055.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090. 08-24-051, 388-412-0015, filed 11/25/08, effective 12/26/08. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. 05-02-016, 388-412-0015, filed 12/27/04, effective 1/27/05. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510. 03-22-038, 388-412-0015, filed 10/28/03, effective 12/1/03. Statutory Authority: RCW 74.04.510 and 74.08.090. 01-18-054, 388-412-0015, filed 8/30/01, effective 9/30/01; 99-16-024, 388-412-0015, filed 7/26/99, effective 9/1/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-412-0015, filed 7/31/98, effective 9/1/98.]


AMENDATORY SECTION(Amending WSR 08-24-050, filed 11/25/08, effective 12/26/08)

WAC 388-478-0060   What are the income limits and maximum benefit amounts for Basic Food?   If your assistance unit (AU) meets all other eligibility requirements for Basic Food, your AU must have income at or below the limits in column B and C to get Basic Food, unless you meet one of the exceptions listed below. The maximum monthly food assistance benefit your AU could receive is listed in column D.

EFFECTIVE ((10-1-2008)) 4-1-2009
Column A

Number of Eligible AU Members

Column B

Maximum Gross

Monthly Income

Column C

Maximum Net

Monthly Income

Column D

Maximum

Allotment

Column E

165% of

Poverty Level

1 $1,127 $867 $((176))

200

$1,430
2 1,517 1,167 ((323))

367

1,925
3 1,907 1,467 ((463))

526

2,420
4 2,297 1,767 ((588))

668

2,915
5 2,687 2,067 ((698))

793

3,410
6 3,077 2,367 ((838))

952

3,905
7 3,467 2,667 ((926))

1,052

4,400
8 3,857 2,967 ((1,058)) 1,202 4,895
9 4,247 3,267 ((1,190)) 1,352 5,390
10 4,637 3,567 ((1,322)) 1,502 5,885
Each Additional Member +390 +300 +((132)) 150 +495

Exceptions:

(1) If your AU is categorically eligible as under WAC 388-414-0001, your AU does not have to meet the gross or net income standards in columns B and C. We do budget your AU's income to decide the amount of Basic Food your AU will receive.

(2) If your AU includes a member who is sixty years of age or older or has a disability, your income must be at or below the limit in column C only.

(3) If you are sixty years of age or older and cannot buy and cook your own meals because of a permanent disability, we will use column E to decide if you can be a separate AU.

(4) If your AU has zero income, your benefits are the maximum allotment in column D, based on the number of eligible members in your AU.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 74.08.090. 08-24-050, 388-478-0060, filed 11/25/08, effective 12/26/08. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510 and 7 C.F.R. 273.9. 07-22-035, 388-478-0060, filed 10/30/07, effective 11/30/07. 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. 06-21-012, 388-478-0060, filed 10/6/06, effective 11/6/06. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 74.08.090. 05-21-101, 388-478-0060, filed 10/18/05, effective 11/18/05. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057. 04-23-025, 388-478-0060, 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, 388-478-0060, filed 10/7/03, effective 12/1/03. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. 02-21-050, 388-478-0060, filed 10/14/02, effective 12/1/02. Statutory Authority: RCW 74.04.057, 74.04.500, 74.04.510. 01-21-059, 388-478-0060, filed 10/16/01, effective 12/1/01. Statutory Authority: RCW 74.04.510, 74.08.090. 00-23-013, 388-478-0060, filed 11/3/00, effective 12/4/00. Statutory Authority: RCW 74.04.510. 99-24-053, 388-478-0060, filed 11/29/99, effective 12/30/99. Statutory Authority: RCW 74.08.090 and 74.04.510. 99-16-024, 388-478-0060, filed 7/26/99, effective 9/1/99. Statutory Authority: RCW 74.04.050, 74.04.500, 74.04.510, 74.08.090. 99-05-074, 388-478-0060, filed 2/17/99, effective 3/20/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-478-0060, filed 7/31/98, effective 9/1/98.]

4077.2
AMENDATORY SECTION(Amending WSR 98-16-044, filed 7/31/98, effective 9/1/98)

WAC 388-444-0030   Work requirements for persons who are able-bodied adults without dependents (ABAWDS).   (1) ((Clients who)) Able-bodied adults without dependents (ABAWDs) are age eighteen to fifty and have no dependents. They must, unless determined exempt, participate in specific employment and training activities to receive food assistance.

(2) Nonexempt ((clients)) ABAWDs who fail to participate ((are eligible for no more than three months of food assistance in a thirty-six month period)) may continue to receive food assistance until September 30, 2010.

(3) ((Except as provided in WAC 388-444-0035, a person)) Beginning October 1, 2010, an ABAWD is not eligible to receive food assistance for more than three full months in ((the)) a thirty-six month period ((beginning January 1, 1997)), except as provided in WAC 388-444-0035, unless that person:

(a) Works at least twenty hours a week averaged monthly; or

(b) Participates in and complies with the requirements of a work program for twenty hours or more per week; or

(c) Participates in a workfare program as provided in WAC 388-444-0040.

(4) A work program is defined as a program under:

(a) The Job Training Partnership Act (JTPA);

(b) Section 236 of the Trade Act of 1974; or

(c) A state-approved employment and training program.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-444-0030, filed 7/31/98, effective 9/1/98.]

Washington State Code Reviser's Office