WSR 11-13-028

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed June 7, 2011, 1:15 p.m. , effective July 1, 2011 ]


     Effective Date of Rule: July 1, 2011.

     Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: The earlier effective date is necessary because of imminent peril to the public welfare. Washington state combined application project (WASHCAP) project benefits are based on a full calendar month. Any other date in July would cause effective date to be pushed to August 1. State agency made agreement with United States Department of Agriculture (USDA) to have new standards in effect by July 1, 2011, to achieve cost neutrality in the project as soon as possible.

     Purpose: As required by the WASHCAP demonstration project waiver with the USDA Food and Nutrition Service, the department conducted its periodic caseload review to evaluate the cost neutrality between WASHCAP and the supplemental nutrition assistance program (SNAP) administered as the Washington Basic Food program or Basic Food. Based on the findings of this review, the department is amending its rules to increase WASHCAP shelter standards.

     Citation of Existing Rules Affected by this Order: Amending WAC 388-492-0070.

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

     Other Authority: 7 C.F.R. § 273.23.

      Adopted under notice filed as WSR 11-09-052 on April 18, 2011.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

     Date Adopted: June 2, 2011.

Katherine I. Vasquez

Rules Coordinator

4293.1
AMENDATORY SECTION(Amending WSR 10-23-115, filed 11/17/10, effective 12/18/10)

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 the current standard deduction for one person under WAC 388-450-0185 from your gross income to get your countable income.

     (3) We figure your shelter cost based on information we receive from the Social Security Administration (SSA), unless you report a change as described under WAC 388-492-0080. If you pay:

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

     (b) Less than three hundred dollars for shelter, we use one hundred ((eighty-two)) ninety-five 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, 74.04.500, 74.08.090, 74.08A.903, and 7 C.F.R. 273.23. 10-23-115, § 388-492-0070, filed 11/17/10, effective 12/18/10. Statutory Authority: RCW 74.04.005, 74.04.050, 74.04.055, 74.04.057, 74.04.500, 74.04.510, 74.08.090, and 7 C.F.R. 273.9. 09-24-001, § 388-492-0070, filed 11/18/09, effective 12/19/09. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.500, 74.04.510, and 74.08.090. 09-12-068, § 388-492-0070, filed 5/29/09, effective 7/1/09. 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.]

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