WSR 09-10-039

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed April 30, 2009, 11:14 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-05-058.

Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-436-0050 Determining financial need and benefit amount for consolidated emergency assistance program (CEAP).

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 http://www1.dshs.wa.gov/msa/rpau/RPAU-OB-2directions.html or by calling (360) 664-6094), on June 9, 2009, at 10:00 a.m.

Date of Intended Adoption: Not earlier than June 10, 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 DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on June 9, 2009.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by May 26, 2009, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at johnsjl4@dshs.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposed rule change is needed to add "child-related transportation" to the payment chart for CEAP. The payment chart identifies types of emergent needs and the maximum available dollar amount by assistance unit that is allowed for that need under CEAP. Transportation for a minor, not in foster care, to a home where care will be provided by a family member or approved caretaker is allowed as an emergent need under WAC 388-436-0015 Consolidated emergency assistance program (CEAP). Child-related transportation is currently not identified in the payment chart.

Reasons Supporting Proposal: In order to add "child-related transportation" to the payment scale for CEAP.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.660.

Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.660.

Rule is not necessitated by federal law, federal or state court decision.

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

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Ian Horlor, P.O. Box 45470, Olympia, WA 98504-5470, (360) 725-4634.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These proposed rules do not have an economic impact on small businesses. The proposed amendments only affect DSHS clients by defining what are the payment standards allowed under the CEAP program to those eligible for these services.

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." These rules affect payments to clients eligible to CEAP.

April 29, 2009

Stephanie E. Schiller

Rules Coordinator

4094.1
AMENDATORY SECTION(Amending WSR 08-18-009, filed 8/22/08, effective 9/22/08)

WAC 388-436-0050   Determining financial need and benefit amount for CEAP.   (1) To be eligible for CEAP assistance, the assistance unit's nonexcluded income, minus allowable deductions, must be less than ninety percent of the TANF payment standard for households with shelter costs. The net income limit for CEAP assistance units is:


Assistance

Unit Members

Net Income Limit
1 $323
2 407
3 505
4 594
5 685
6 779
7 900
8 or more 996

(2) The assistance unit's allowable amount of need is the lesser of:

(a) The TANF payment standard, based on assistance unit size, for households with shelter costs as specified under WAC 388-478-0020; or

(b) The assistance unit's actual emergent need, not to exceed maximum allowable amounts, for the following items:

Need Item: Maximum allowable amount by assistance unit size:

1 2 3 4 5 6 7 8 or more
Food $217 $276 $341 $402 $463 $526 $600 $664
Shelter 265 334 416 490 564 639 740 818
Clothing 31 39 48 57 65 75 85 96
Minor Medical Care 184 234 290 341 393 444 516 570
Utilities 89 113 140 164 189 216 250 276
Household maintenance 65 83 103 121 140 159 183 202
Job related transportation 359 453 562 661 762 866 1000 1107
Child related transportation 359 453 562 661 762 866 1000 1107

(3) The assistance unit's CEAP payment is determined by computing the difference between the allowable amount of need, as determined under subsection (2) of this section, and the total of:

(a) The assistance unit's net income, as determined under subsection (1) of this section;

(b) Cash on hand, if not already counted as income; and

(c) The value of other nonexcluded resources available to the assistance unit.

(4) The assistance unit is not eligible for CEAP if the amount of income and resources, as determined in subsection (3) of this section, is equal to or exceeds its allowable amount of need.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, and 74.08.090. 08-18-009, 388-436-0050, filed 8/22/08, effective 9/22/08; 98-16-044, 388-436-0050, filed 7/31/98, effective 9/1/98.]

Washington State Code Reviser's Office