PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
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 implement new deeming procedures for sponsored aliens by changing or adding language to WAC 388-450-0156 When am I exempt from deeming? and 388-450-0160 How does the department decide how much of my sponsor's income to count against my benefits?
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 22, 2010, at 10:00 a.m.
Date of Intended Adoption: Not sooner than June 23, 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 June 22, 2010.
Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by June 8, 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: USDA Food and Nutrition Service final rules for the Farm Security and Rural Investment Act (FSRIA) of 2002 (farm bill) final rule announcement included new procedures for applying sponsored alien deeming exemptions, deeming sponsor's income and resources to sponsored families that include children with United States citizenship, and for reporting or not reporting sponsored aliens to the United States Attorney General when they are eligible for the indigence exemption.
Reasons Supporting Proposal: The rule changes are needed to comply with the FSRIA final rule clarification and bring Washington's Basic Food program rules in line with new federal regulations and secure federal financial support for program benefits.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 74.08.090.
Statute Being Implemented: RCW 74.04.005, 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 74.08.090.
Rule is necessary because of federal law, 7 C.F.R. § 273.1 and 273.9 (d)(1).
Name of Proponent: Department of social and health services, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Robert Thibodeau, 712 Pear Street S.E., Olympia, WA 98504, (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 changing the way income and resources may or may not be deemed to sponsored aliens that are otherwise eligible for federal supplemental nutrition assistance program (SNAP) benefits under the Basic Food 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."
May 6, 2010
Katherine I. Vasquez
Rules Coordinator
4202.3(a) The Immigration and Nationality Act (INA) does not require you to have a sponsor. Immigrants who are not required to have a sponsor include those with the following status with Immigration and Naturalization Service (INS):
(i) Refugee;
(ii) Parolee;
(iii) Asylee;
(iv) Cuban entrant; or
(v) Haitian entrant.
(b) You were sponsored by an organization or group as opposed to an individual;
(c) You do not meet the alien status requirements to be eligible for benefits under chapter 388-424 WAC;
(d) You have worked or can get credit for forty qualifying quarters of work under Title II of the Social Security Act. We do not count a quarter of work toward this requirement if the person working received TANF, food stamps, Basic Food, SSI, CHIP, or nonemergency medicaid benefits. We count a quarter of work by the following people toward your forty qualifying quarters:
(i) Yourself;
(ii) Each of your parents for the time they worked before you turned eighteen years old (including the time they worked before you were born); and
(iii) Your spouse if you are still married or your spouse is deceased.
(e) You become a United States (U.S.) Citizen;
(f) Your sponsor is dead; or
(g) If INS or a court decides that you, your child, or your parent was a victim of domestic violence from your sponsor and:
(i) You no longer live with your sponsor; and
(ii) Leaving your sponsor caused your need for benefits.
(2) You are exempt from the deeming process while you are in the same AU as your sponsor;
(3) For Basic Food, you are exempt from deeming while you are under age eighteen.
(4) For state family assistance, general assistance, state-funded Basic Food benefits, and state-funded medical assistance for legal immigrants you are exempt from the deeming process if:
(a) Your sponsor signed the affidavit of support more than five years ago;
(b) Your sponsor becomes permanently incapacitated; or
(c) You are a qualified alien according to WAC 388-424-0001 and you:
(i) Are on active duty with the U.S. armed forces or you are the spouse or unmarried dependent child of someone on active duty;
(ii) Are an honorably-discharged veteran of the U.S. armed forces or you are the spouse or unmarried dependent child of a honorably-discharged veteran;
(iii) Were employed by an agency of the U.S. government or served in the armed forces of an allied country during a military conflict between the U.S. and a military opponent; or
(iv) Are a victim of domestic violence and you have petitioned for legal status under the Violence Against Women Act.
(5) If you, your child, or your parent was a victim of domestic violence, you are exempt from the deeming process for twelve months if:
(a) You no longer live with the person who committed the violence; and
(b) Leaving this person caused your need for benefits.
(6) If your AU has income at or below one hundred thirty percent of the Federal Poverty Level (FPL), you are exempt from the deeming process for twelve months. This is called the "indigence exemption". You may choose to use this exemption or not to use this exemption in full knowledge of the possible risks involved. See risks in subsection (9) below. For this rule, we count the following as income to your AU:
(a) Earned and unearned income your AU receives from any source; and
(b) Any noncash items of value such as free rent, commodities, goods, or services you receive from an individual or organization.
(7) If you ((are exempt from deeming because your AU does
not have income over one hundred thirty percent of the FPL,
we)) use the indigence exemption, and are eligible for a
federal program, we are required by law to give the United
States attorney general the following information:
(a) The names of the sponsored people in your AU;
(b) That you are exempt from deeming due to your income;
((and))
(c) Your sponsor's name; and
(d) The effective date that your twelve-month exemption began.
(8) If you use the indigence exemption, and are eligible for a state program, we do not report to the United States attorney general.
(9) If you choose not to use the indigence exemption:
(a) You could be found ineligible for benefits for not verifying your sponsor's income and resources; or
(b) You will be subject to regular deeming rules under WAC 388-450-0160.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. 04-15-057, § 388-450-0156, filed 7/13/04, effective 8/13/04. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, and 74.04.510. 03-05-030, § 388-450-0156, filed 2/10/03, effective 4/1/03. Statutory Authority: RCW 74.04.050, 74.04.057, 74.04.510 and Title 7, Chapter II, Part 273 of the Code of Federal Regulations. 01-21-026, § 388-450-0156, filed 10/9/01, effective 11/1/01.]
(a) Your sponsor signed the INS affidavit of support form I-864 or I-864A; and
(b) You are not exempt from the deeming process under WAC 388-450-0156.
(2) We take the following steps to decide the monthly amount of your sponsor's income we deem as your income and count against your benefits:
(a) We start with your sponsor's earned and unearned income that is not excluded under WAC 388-450-0015;
(b) If your sponsor's spouse signed the affidavit of support, we add all of the spouse's earned and unearned income that is not excluded under WAC 388-450-0015;
(c) We subtract twenty percent of the above amount that is earned income under WAC 388-450-0030;
(d) For cash and medical assistance, we subtract the need standard under WAC 388-478-0015. We count the following people who live in your sponsor's home as a part of your sponsor's AU to decide the need standard:
(i) Your sponsor;
(ii) Your sponsor's spouse; and
(iii) Everyone else in their home that they could claim as a dependent for federal income tax purposes.
(e) For food assistance, we subtract the maximum gross monthly income under WAC 388-478-0060. We count the following people that live in your sponsor's home as a part of your sponsor's AU to decide the maximum gross monthly income:
(i) Your sponsor;
(ii) Your sponsor's spouse; and
(iii) Everyone else in their home that they could claim as a dependent for federal income tax purposes.
(f) If you can show that your sponsor has sponsored other people as well, we divide the result by the total number of people who they sponsored including any member of your household that is exempt from deeming according to WAC 388-450-0156.
(3) After we have decided how much income to deem to you, we count the greater amount of the following against your benefits:
(a) The amount of income calculated from deeming; or
(b) The amount of money your sponsor actually gives you for your needs.
[Statutory Authority: RCW 74.04.050, 74.04.057, 74.04.510 and Title 7, Chapter II, Part 273 of the Code of Federal Regulations. 01-21-026, § 388-450-0160, filed 10/9/01, effective 11/1/01. Statutory Authority: RCW 74.08.090 and 74.04.510. 99-16-024, § 388-450-0160, 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, § 388-450-0160, filed 7/31/98, effective 9/1/98.]