WSR 09-09-105



(Economic Services Administration)

[ Filed April 20, 2009, 2:06 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-06-085.

Title of Rule and Other Identifying Information: The department is amending WAC 388-492-0070 How are my WASHCAP food benefits calculated?

Hearing Location(s): Office Building 2, Auditorium, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at, or by calling (360) 664-6094), on May 26, 2009, at 10:00 a.m.

Date of Intended Adoption: Not earlier than May 27, 2009.

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., May 26, 2009.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by May 12, 2009, 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 proposed to amend WAC 388-492-0070 to implement changes necessary to meet cost neutrality requirements between the Washington state combined application project (WASHCAP) and the supplemental nutrition assistance program (SNAP) as specified in the approved WASHCAP demonstration project waiver.

Reasons Supporting Proposal: The department is required by USDA Food and Nutrition Service to maintain cost neutrality between WASHCAP and SNAP as specified in the approved WASHCAP demonstration project waiver. This proposed rule change will fulfill this federal requirement.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.500, 74.04.510, and 74.08.090.

Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.500, 74.04.510, and 74.08.090.

Rule is necessary because of federal law, 7 C.F.R. 273.9; 7 C.F.R. 273.10; Section 5(e) and 8(c) of the Food Stamp Act of 1977.

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

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Don Winslow, 712 Pear Street S.E., Olympia, WA 98504, (360) 725-4580.

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 standards used to determine eligibility and benefit levels for the Washington combined application program.

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."

April 16, 2009

Stephanie E. Schiller

Rules Coordinator

AMENDATORY SECTION(Amending WSR 08-21-106, filed 10/16/08, effective 11/16/08)

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

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

(c) We add the current 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 the minimum monthly benefit for Basic Food under WAC 388-412-0015.

[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. 08-21-106, 388-492-0070, filed 10/16/08, effective 11/16/08. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510 and 7 C.F.R. 273.9. 07-22-036, 388-492-0070, 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 (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