Original Notice.

     Preproposal statement of inquiry was filed as WSR 10-05-085.

     Title of Rule and Other Identifying Information: The department is amending WAC 388-450-0215 How does the department estimate my assistance unit's income to determine eligibility and benefits?

     Hearing Location(s): Office Building 2, Auditorium, DSHS Headquarters, 1115 Washington Street S.E., Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at http://www.dshs.wa.gov/msa/rpau/RPAU-OB-2directions.html

or by calling (360) 664-6094), on April 26, 2011, at 10:00 a.m.

     Date of Intended Adoption: Not earlier than April 27, 2011.

     Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 1115 Washington Street S.E., Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on April 26, 2011.

     Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by April 5, 2011, 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 amendment will eliminate the requirement for the department to budget actual income received, or expected to be received, by the assistance unit in the month of application using the anticipated monthly budgeting method. This amendment will allow the department to average the household's income in the month of application if the income is also averaged for the rest of [the] months in the certification period.

     Reasons Supporting Proposal: This amendment is necessary to comply with the United States Department of Agriculture, Food and Nutrition Services (FNS), supplemental nutrition assistance program (SNAP) regulations under 7 C.F.R. 273.10 (c)(2).

     Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.500, 74.04.510, 74.08.090, and 74.08A.120.

     Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.500, 74.04.510, 74.08.090, and 74.08A.120.

     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, P.O. Box 45470, Olympia, WA 98504-5470, (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.

     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."

March 18, 2011

Katherine I. Vasquez

Rules Coordinator

     (2) We use your current, past, and future circumstances for a representative estimate of your monthly income.

     (3) We may need proof of your circumstances to ensure our estimate is reasonable. This may include documents, statements from other people, or other proof as explained in WAC 388-490-0005.

     (4) We use one of two methods to estimate income:

     (a) Anticipating monthly income (AM): With this method, we base the estimate on the actual income we expect your AU to receive in the month (see subsection (((5))) (6)); and

     (b) Averaging income (CA): With this method, we add the total income we expect your AU to receive for a period of time and divide by the number of months in the period (see subsection (((6))) (7)).

     (5) When determining eligibility for apple health for kids programs as listed in WAC 388-505-0210 or pregnancy medical as listed in WAC 388-462-0015, we can use the method most beneficial to your AU.

     (6) Anticipating monthly income: We must use the anticipating monthly method:

     (a) ((For the month you apply for benefits unless:

     (i) We are determining eligibility for apple health for kids programs as listed in WAC 388-505-0210, or pregnancy medical as listed in WAC 388-462-0015. For apple health for kids and pregnancy medical we can use either method; or

     (ii) You are paid less often than monthly (for example: you are paid quarterly or annually). If you are paid less often than monthly, we average your income for the month you apply. Section (6) explains how we average your income.

     (b))) When we estimate income for anyone in your AU, if you or anyone in your AU receive SSI-related medical benefits under chapter 388-475 WAC.

     (((c))) (b) When we must allocate income to someone who is receiving SSI-related medical benefits under chapter 388-475 WAC.

     (((d))) (c) In the month of application, when you are a destitute migrant or destitute seasonal farmworker under WAC 388-406-0021. In this situation, we must use anticipating monthly (AM) for all your AU's income.

     (((e))) (d) To budget SSI or Social Security benefits even if we average other sources of income your AU receives.

     (((6))) (7) Averaging income: When we average your income, we consider changes we expect for your AU's income. We determine a monthly amount of your income based on how often you are paid:

     (a) If you are paid weekly, we multiply your expected income by 4.3;

     (b) If you are paid every other week, we multiply your expected income by 2.15;

     (c) In most cases if you receive your income other than weekly or every other week, we estimate your income over your certification period by:

     (i) Adding the total income for representative period of time;

     (ii) Dividing by the number of months in the time frame; and

     (iii) Using the result as a monthly average.

     (d) If you receive your yearly income over less than a year because you are self employed or work under a contract, we average this income over the year unless you are:

     (i) Paid on an hourly or piecework basis; or

     (ii) A migrant or seasonal farmworker under WAC 388-406-0021.

     (((7))) (8) ((If we used the anticipating monthly income method for the month you applied for benefits, we may average your income for the rest of your certification period if we do not have to use this method for any other reason in section (5))) We use the same method for each month in your certification period, including the month of application, unless:

     (a) A full month's income is not anticipated in the month of application. In this situation, we budget your income in the month of application using the anticipated monthly (AM) method and average your income (CA) for the rest of the months in your certification.

     (b) You are a destitute migrant or destitute seasonal farmworker. We must budget your income in the month of application using the anticipated monthly method, as required by subsection (6). We may average your income for the rest of the months in your certification period.

     (((8))) (9) If you report a change in your AU's income, and we expect the change to last through the end of the next month after you reported it, we update the estimate of your AU's income based on this change.

     (((9))) (10) If your actual income is different than the income we estimated, we don't make you repay an overpayment under chapter 388-410 WAC or increase your benefits unless you meet one of the following conditions:

     (a) You provided incomplete or false information; or

     (b) We made an error in calculating your benefits.

[Statutory Authority: RCW 74.04.050, 74.04.057, and 74.08.090, and Apple Health for Kids Act (ESHB 2128); 42 U.S.C. 1305; Public Law 111-3 (Children's Health Insurance Program Reauthorization Act of 2009). 11-03-001, § 388-450-0215, filed 1/5/11, effective 2/5/11. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 74.08.090. 08-02-054, § 388-450-0215, filed 12/28/07, effective 2/1/08; 05-16-109, § 388-450-0215, filed 8/2/05, effective 10/1/05. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510. 04-06-052, § 388-450-0215, filed 3/1/04, effective 4/1/04; 03-21-029, § 388-450-0215, filed 10/7/03, effective 11/1/03. Statutory Authority: RCW 74.08.090 and 74.04.510. 99-23-083, § 388-450-0215, filed 11/16/99, effective 1/1/00; 99-16-024, § 388-450-0215, 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, § 388-450-0215, filed 7/31/98, effective 9/1/98. Formerly WAC 388-505-0590.]

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