Original Notice.

     Preproposal statement of inquiry was filed as WSR 10-06-061.

     Title of Rule and Other Identifying Information: The community services division is proposing to amend WAC 388-408-0035 Who is in my assistance unit for Basic Food?, 388-489-0015 How long will my family receive transitional food assistance? and 388-489-0020 Am I required to report changes in my household's circumstances while on transitional food assistance?; and is proposing to establish new section WAC 388-489-0022 What happens if I reapply for Basic Food while receiving transitional food assistance?

     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 http://www.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6094), on May 25, 2010, at 10:00 a.m.

     Date of Intended Adoption: Not earlier than May 26, 2010.

     Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on May 25, 2010.

     Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by May 11, 2010, 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: The proposed amendments, and new section to chapter 388-489 WAC, will establish eligibility and certification requirements for transitional food assistance.

     Reasons Supporting Proposal: The amendments will be consistent with federal regulations published on January 29, 2010, related to the Farm Security and Rural Investment Act of 2002.

     Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.500, 74.04.510, 74.04.515, 74.08.090, 74.08A.010, 74.08A.903.

     Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.500, 74.04.510, 74.04.515, 74.08.090, 74.08A.010, 74.08A.903.

     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: Kim Chea, 712 Pear Street S.E., Olympia, WA 98503, (360) 725-4653.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules do not have an economic impact on small businesses. The proposed rules affect client's eligibility for Washington Basic Food and transitional food assistance programs.

     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 13, 2010

Katherine I. Vasquez

Rules Coordinator

     (a) Regularly buy food or prepare meals with you; or

     (b) You provide meals for them and they pay less than a reasonable amount for meals.

     (2) If the following people live with you, they must be in your AU even if you do not usually buy or prepare food together:

     (a) Your spouse;

     (b) Your parents if you are under age twenty-two (even if you are married);

     (c) Your children under age twenty-two;

     (d) The parent of a child who must be in your AU;

     (e) A child under age eighteen who doesn't live with their parent unless the child:

     (i) Is emancipated;

     (ii) Gets a TANF grant in their own name; or

     (iii) Is not financially dependent on an adult in the AU because they get and have control of income of at least the TANF payment standard under WAC 388-478-0020(2) before taxes or other withholdings.

     (3) If any of the people in subsections (1) or (2) already receive transitional food assistance under chapter 388-489 WAC, you can only receive benefits if they choose to reapply for Basic Food as described in WAC ((388-489-0020)) 388-489-0022.

     (4) If you live in an institution where you may be eligible for Basic Food under WAC 388-408-0040, we decide who is in your AU as follows:

     (a) If the facility is acting as your authorized representative under WAC 388-460-0015, we include you and anyone who must be in your AU under subsection (2) of this rule; or

     (b) If you apply for benefits on your own, we include you, anyone who must be in your AU under subsection (2) of this rule, and other residents you choose to apply with.

     (5) Anyone who must be in your AU under subsection (1) or (2) is an ineligible AU member if they:

     (a) Are disqualified for an intentional program violation (IPV) under WAC 388-446-0015;

     (b) Do not meet ABAWD work requirements under WAC 388-444-0030.

     (c) Do not meet work requirements under WAC 388-444-0055;

     (d) Do not provide a Social Security number under WAC 388-476-0005;

     (e) Do not meet the citizenship or alien status requirements under chapter 388-424 WAC;

     (f) Are fleeing a felony charge or violating a condition of parole or probation under WAC 388-442-0010.

     (6) If your AU has an ineligible member:

     (a) We count the ineligible member's income as part of your AU's income under WAC 388-450-0140;

     (b) We count all the ineligible members resources to your AU; and

     (c) We do not use the ineligible member to determine your AU's size for the maximum income amount or allotment under WAC 388-478-0060.

     (7) If the following people live in the same home as you, you can choose if we include them in your AU:

     (a) A permanently disabled person who is age sixty or over and cannot make their own meals if the total income of everyone else in the home (not counting the elderly and disabled person's spouse) is not more than the one hundred sixty-five percent standard under WAC 388-478-0060;

     (b) A boarder. If you do not include a boarder in your AU, the boarder cannot get Basic Food benefits in a separate AU;

     (c) A person placed in your home for foster care. If you do not include this person in your AU, they cannot get Basic Food benefits in a separate AU;

     (d) Roomers; or

     (e) Live-in attendants even if they buy or prepare food with you.

     (8) If someone in your AU moves out of your home for at least a full issuance month, they are not eligible for benefits as a part of your AU, unless you receive transitional food assistance.

     (9) For transitional food assistance, your TFA AU includes the people who were in your Basic Food AU for the last month you received:

     (a) Temporary assistance for needy families;

     (b) State family assistance; or

     (c) Tribal TANF benefits.

     (10) If someone received Basic Food or food stamps in another AU or another state, they cannot receive benefits in your AU for the same period of time with one exception. If you already received Basic Food, food stamp, or transitional food assistance benefits:

     (a) In another state, you are not eligible for Basic Food for the period of time covered by the benefits you received from the other state; or

     (b) In another AU, you are not eligible for Basic Food in a different AU for the same period of time;

     (c) In another AU, but you left the AU to live in a shelter for battered women and children under WAC 388-408-0045, you may be eligible to receive benefits in a separate AU.

     (11) The following people who live in your home are not members of your AU. If they are eligible for Basic Food, they may be a separate AU:

     (a) Someone who usually buys and prepares food separately from your AU if they are not required to be in your AU; or

     (b) Someone who lives in a separate residence.

     (12) A student who is ineligible for Basic Food under WAC 388-482-0005 is not a member of your AU.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090. 05-19-061, § 388-408-0035, filed 9/16/05, effective 11/1/05. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 2004 c 54. 04-14-040, § 388-408-0035, filed 6/29/04, effective 7/30/04. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510. 04-06-025, § 388-408-0035, filed 2/23/04, effective 4/1/04; 03-19-118, § 388-408-0035, filed 9/16/03, effective 11/1/03. Statutory Authority: RCW 74.04.057, 74.04.500, 74.04.510. 01-21-060, § 388-408-0035, filed 10/16/01, effective 12/1/01. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-408-0035, filed 7/31/98, effective 9/1/98.]

     (1) If you stopped getting temporary assistance for needy families from the department, you are eligible for transitional benefits beginning the month after your ((family)) household received their last grant.

     (2) If you stopped receiving tribal TANF benefits, you are eligible for transitional benefits:

     (a) With the next monthly issuance after we update your case to show you no longer have tribal TANF income, if the tribal TANF end date is the end of the current month or the end of a prior month; or

     (b) On the first of the month following the tribal TANF end date, if the tribal TANF end date is the end of a future month.

     (3) If necessary, we will extend or shorten your Basic Food assistance unit's current certification period to match the five-month transition period.

     (4) You may choose to end your five-month transition period early by submitting an application for regular Basic Food under WAC ((388-489-0020)) 388-489-0022 or by asking us to terminate your benefits.

     (5) We send you a notice before the end of your five-month transition period so you can reapply for regular Basic Food benefits and continue to receive benefits without interruption as described in WAC 388-434-0010.

     (6) We may terminate your transitional food assistance early for the reasons stated in WAC 388-489-0025.

[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, § 388-489-0015, filed 9/16/05, effective 11/1/05.]

     (2) If you receive benefits from another cash or medical assistance program, you must meet the reporting requirements for the other program as required by WAC 388-418-0005. Except for changes listed under WAC 388-489-0025, the changes you report for the other program will not affect your ((family's)) household's eligibility for transitional food assistance.

     (3) If your ((family)) household experiences a change in circumstances during your five-month transition period, and you think that you may be eligible for more food assistance, you may submit an application for the regular Basic Food program under WAC 388-489-0022. Examples of such changes include the loss of income by a person who gets transitional food assistance with you or adding a new person to your household.

     (((a) If you submit a new application, we will determine your eligibility for Basic Food and allow you to choose if you want to remain on transitional food assistance or receive regular Basic Food benefits.

     (b) If you choose to go back on Basic Food and are found eligible, we will start your new benefit amount on the first day of the month after we receive your application for Basic Food. If you have already received transitional food assistance for this month and are eligible for more assistance on the Basic Food program, we will pay you the additional amount.))

[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, § 388-489-0020, filed 9/16/05, effective 11/1/05.]

     (a) Interview you according to WAC 388-452-0005.

     (b) Send you a letter if we need additional information and give you at least ten days to provide the information according to WAC 388-458-0020.

     (c) Process your application within thirty days. We will keep your TFA active while your request for Basic Food is pending.

     (d) Process your application according to WAC 388-434-0010 if your application was submitted in the last month of your TFA period.

     (2) If you are eligible for Basic Food, we tell you the amount you will receive and allow you to choose if you want Basic Food or continue your TFA.

     (3) If you choose to go back on Basic Food, we will start your new benefit amount on the first day of the month after we receive your application for Basic Food. If you already received transitional food assistance for this month and are eligible for:

     (a) More assistance on Basic Food, we will pay you the additional amount.

     (b) Less assistance on the Basic Food, you will have to pay back the additional amount.

     (4) If you choose to go back on Basic Food and receive less assistance, we do not have to give you advance notice.

     (5) If we are unable to approve your request for Basic Food, we will deny your application and continue your TFA through the end of your transitional period, unless you become ineligible for TFA under WAC 388-489-0025.

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