EMERGENCY RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
Effective Date of Rule: October 1, 2011.
Purpose: The department is amending the following WACs to implement annual adjustments to standards for the Washington Basic Food program:
| • | WAC 388-450-0185, to increase the standard deductions. |
| • | WAC 388-450-0190, to raise the maximum shelter cost. |
| • | WAC 388-450-0195, to increase the standard utility allowance. |
| • | WAC 388-478-0060, to increase the maximum gross monthly income and maximum net monthly income; and to update the one hundred sixty-five percent poverty level income. |
| • | WAC 388-470-0005, to increase the asset limit for households with a disabled or elderly member [during] fiscal year 2012. |
Citation of Existing Rules Affected by this Order: Amending WAC 388-450-0185, 388-450-0190, 388-450-0195, 388-478-0060, and 388-470-0005.
Statutory Authority for Adoption: RCW 74.04.005, 74.04.050, 74.04.055, 74.04.057, 74.04.500, 74.04.510, 74.08.090, 74.08A.120.
Other Authority: "Supplemental Nutrition Assistance Program Fiscal Year 2012 Cost of Living Adjustments" memo dated August 2, 2011; and "SNAP Standard Utility (SUA) Annual Review and Adjustment Waiver for Certain States -- Modification and Extension" memo dated December 2, 2010.
Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.
Reasons for this Finding: The amendments update Basic Food standards for federal fiscal year 2012 to comply with requirements of the United States Department of Agriculture (USDA), Food and Nutrition Service (FNS), SNAP USDA memo dated August 2, 2011, subject: SNAP Fiscal Year 2012 Cost of Living Adjustments memo dated December 2, 2010, and AN 11-37 FY 2012 Resource Increase for Households with an Elderly or Disabled Member dated August 30, 2011. The department is making these changes via the emergency rule-filing process, effective October 1, 2011. The department is concurrently working on the permanent rule-making process and has filed a preproposal statement of inquiry, CR-101, as WSR 11-08-069 dated April 6, 2011. The department plans to file a proposed rule making notice by the end of September.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 5, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.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 5, Repealed 0.
Date Adopted: September 27, 2011.
Katherine I. Vasquez
Rules Coordinator
4325.1These federal laws allow us to subtract only the following amounts from your AU's total monthly income to determine your countable monthly income under WAC 388-450-0162:
(1) A standard deduction based on the number of eligible people in your AU under WAC 388-408-0035:
| Eligible AU members |
Standard deduction |
| 1 | $(( |
| 2 | $(( |
| 3 | $(( |
| 4 | $(( |
| 5 | $(( |
| 6 or more | $(( |
(3) Your AU's expected monthly dependent care expense needed for an AU member to:
(a) Keep work, look for work, or accept work;
(b) Attend training or education to prepare for employment; or
(c) Meet employment and training requirements under chapter 388-444 WAC.
(4) Medical expenses over thirty-five dollars a month owed or anticipated by an elderly or disabled person in your AU as allowed under WAC 388-450-0200.
(5) A portion of your shelter costs as described in WAC 388-450-0190.
[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. 10-23-114, § 388-450-0185, 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 U.S.C. 2014 (a) and (e)(1); 7 C.F.R. §§ 273.1 and 273.9 (d)(1). 10-16-104, § 388-450-0185, filed 8/2/10, effective 9/2/10. 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 P.L. 107 - 171 § 4101. 09-23-004, § 388-450-0185, filed 11/5/09, effective 11/15/09. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090, 74.08A.120, and Food and Nutrition Act of 2008, Title 7 Part 273 of the C.F.R. 09-07-054, § 388-450-0185, filed 3/11/09, effective 4/11/09. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090. 08-24-051, § 388-450-0185, filed 11/25/08, effective 12/26/08. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510 and 7 C.F.R. § 273.9. 07-22-035, § 388-450-0185, 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. 06-21-012, § 388-450-0185, filed 10/6/06, effective 11/6/06. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 74.08.090. 05-21-101, § 388-450-0185, filed 10/18/05, effective 11/18/05. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057. 04-23-025, § 388-450-0185, 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, § 388-450-0185, filed 10/7/03, effective 12/1/03. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and H.R. 2646 Farm Security and Rural Investment Act of 2002. 02-22-044, § 388-450-0185, filed 10/30/02, effective 12/1/02. Statutory Authority: RCW 74.08.090 and 74.04.510. 99-16-024, § 388-450-0185, 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, § 388-450-0185, filed 7/31/98, effective 9/1/98.]
(1) First, we add up the amounts your assistance unit (AU) must pay each month for shelter. We do not count any overdue amounts, late fees, penalties or mortgage payments you make ahead of time as an allowable cost. We count the following expenses as an allowable shelter cost in the month the expense is due:
(a) Monthly rent, lease, and mortgage payments;
(b) Property taxes;
(c) Homeowner's association or condo fees;
(d) Homeowner's insurance for the building only;
(e) Utility allowance your AU is eligible for under WAC 388-450-0195;
(f) Out-of-pocket repairs for the home if it was substantially damaged or destroyed due to a natural disaster such as a fire or flood;
(g) Expense of a temporarily unoccupied home because of employment, training away from the home, illness, or abandonment caused by a natural disaster or casualty loss if your:
(i) AU intends to return to the home;
(ii) AU has current occupants who are not claiming the shelter costs for Basic Food purposes; and
(iii) AU's home is not being leased or rented during your AU's absence.
(2) Second, we subtract all deductions your AU is eligible for under WAC 388-450-0185 (1) through (5) from your AU's gross income. The result is your AU's net income.
(3) Finally, we subtract one-half of your AU's net income from your AU's total shelter costs. The result is your excess shelter costs. Your AU's shelter cost deduction is the excess shelter costs:
(a) Up to a maximum of four hundred ((fifty-eight))
fifty-nine dollars if no one in your AU is elderly or
disabled; or
(b) The entire amount if an eligible person in your AU is
elderly or disabled, even if the amount is over four hundred
((fifty-eight)) fifty-nine dollars.
[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. 10-23-114, § 388-450-0190, filed 11/17/10, effective 12/18/10; 09-24-001, § 388-450-0190, filed 11/18/09, effective 12/19/09. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 74.08.090. 08-24-050, § 388-450-0190, filed 11/25/08, effective 12/26/08. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510 and 7 C.F.R. § 273.9. 07-22-035, § 388-450-0190, 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. 06-21-012, § 388-450-0190, filed 10/6/06, effective 11/6/06. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 74.08.090. 05-21-101, § 388-450-0190, filed 10/18/05, effective 11/18/05. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057. 04-23-025, § 388-450-0190, filed 11/8/04, effective 12/9/04. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510. 04-07-138, § 388-450-0190, filed 3/22/04, effective 5/1/04; 03-21-030, § 388-450-0190, filed 10/7/03, effective 12/1/03. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. 02-22-045, § 388-450-0190, filed 10/30/02, effective 12/1/02. Statutory Authority: RCW 74.04.057, 74.04.500, 74.04.510. 01-21-059, § 388-450-0190, filed 10/16/01, effective 12/1/01. Statutory Authority: RCW 74.08.090 and 74.04.510. 01-06-030, § 388-450-0190, filed 3/2/01, effective 4/2/01; 99-16-024, § 388-450-0190, 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, § 388-450-0190, filed 7/31/98, effective 9/1/98.]
(a) Monthly benefits under WAC 388-492-0070 if you receive WASHCAP; or
(b) Shelter cost income deduction under WAC 388-450-0190 for Basic Food.
(2) We considered the average cost of the following utilities to determine the value of the SUA:
(a) Heating and cooling fuel such as electricity, oil, or gas;
(b) Electricity;
(c) Water and sewer;
(d) Well or septic tank installation/maintenance;
(e) Garbage/trash collection; and
(f) Telephone service.
(3) The department uses the SUA if you have utility costs separate from your rent or mortgage payment or if you receive a low income home energy assistance program (LIHEAP) benefit during the year.
[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 (d)(6)(3). 10-18-050, § 388-450-0195, filed 8/26/10, effective 10/1/10. 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, § 388-450-0195, filed 11/18/09, effective 12/19/09. 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, § 388-450-0195, 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, § 388-450-0195, 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, § 388-450-0195, 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. 06-10-056, § 388-450-0195, filed 5/1/06, effective 6/1/06. 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. 05-19-062, § 388-450-0195, filed 9/16/05, effective 10/17/05. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090. 05-09-087, § 388-450-0195, filed 4/19/05, effective 6/1/05. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057. 04-23-025, § 388-450-0195, 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, § 388-450-0195, filed 10/7/03, effective 12/1/03. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. 02-22-045, § 388-450-0195, filed 10/30/02, effective 12/1/02. Statutory Authority: RCW 74.04.057, 74.04.500, 74.04.510. 01-21-059, § 388-450-0195, filed 10/16/01, effective 12/1/01. Statutory Authority: RCW 74.04.510. 00-22-065, § 388-450-0195, filed 10/27/00, effective 11/1/00. Statutory Authority: RCW 74.040.510 [74.04.510]. 99-24-052, § 388-450-0195, filed 11/29/99, effective 12/1/99. Statutory Authority: RCW 74.04.510. 99-09-055, § 388-450-0195, filed 4/19/99, effective 5/20/99. Statutory Authority: RCW 74.04.510 and 7 CFR 273.9 (d)(6). 99-01-069, § 388-450-0195, filed 12/14/98, effective 1/14/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-450-0195, filed 7/31/98, effective 9/1/98.]
| EFFECTIVE (( |
||||||||
| Column A Number of Eligible AU Members |
Column B Maximum Gross Monthly Income |
Column C Maximum Net Monthly Income |
Column D Maximum Allotment |
Column E 165% of Poverty Level |
||||
| 1 | $(( 1,180 |
$(( 908 |
$200 | $(( 1,498 |
||||
| 2 | (( 1,594 |
(( 1,226 |
367 | (( 2,023 |
||||
| 3 | (( 2,008 |
(( 1,545 |
526 | (( 2,548 |
||||
| 4 | (( 2,422 |
(( 1,863 |
668 | (( 3,074 |
||||
| 5 | (( 2,836 |
(( 2,181 |
793 | (( 3,599 |
||||
| 6 | (( 3,249 |
(( 2,500 |
952 | (( 4,124 |
||||
| 7 | (( 3,663 |
(( 2,818 |
1,052 | (( 4,649 |
||||
| 8 | (( 4,077 |
(( 3,136 |
1,202 | (( 5,175 |
||||
| 9 | (( 4,491 |
(( 3,455 |
1,352 | (( 5,701 |
||||
| 10 | (( 4,905 |
(( 3,744 |
1,502 | (( 6,227 |
||||
| Each Additional Member | +(( 414 |
+(( 319 |
+150 | +(( 526 |
||||
(1) If your AU is categorically eligible as under WAC 388-414-0001, your AU does not have to meet the gross or net income standards in columns B and C. We do budget your AU's income to decide the amount of Basic Food your AU will receive.
(2) If your AU includes a member who is sixty years of age or older or has a disability, your income must be at or below the limit in column C only.
(3) If you are sixty years of age or older and cannot buy and cook your own meals because of a permanent disability, we will use column E to decide if you can be a separate AU.
(4) If your AU has zero income, your benefits are the maximum allotment in column D, based on the number of eligible members in your AU.
[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, § 388-478-0060, filed 11/18/09, effective 12/19/09. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090, 74.04.500, 74.08A.120, and American Recovery and Reinvestment Act of 2009. 09-14-018, § 388-478-0060, filed 6/22/09, effective 7/23/09. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 74.08.090. 08-24-050, § 388-478-0060, filed 11/25/08, effective 12/26/08. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510 and 7 C.F.R. § 273.9. 07-22-035, § 388-478-0060, 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. 06-21-012, § 388-478-0060, filed 10/6/06, effective 11/6/06. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 74.08.090. 05-21-101, § 388-478-0060, filed 10/18/05, effective 11/18/05. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057. 04-23-025, § 388-478-0060, 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, § 388-478-0060, filed 10/7/03, effective 12/1/03. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. 02-21-050, § 388-478-0060, filed 10/14/02, effective 12/1/02. Statutory Authority: RCW 74.04.057, 74.04.500, 74.04.510. 01-21-059, § 388-478-0060, filed 10/16/01, effective 12/1/01. Statutory Authority: RCW 74.04.510, 74.08.090. 00-23-013, § 388-478-0060, filed 11/3/00, effective 12/4/00. Statutory Authority: RCW 74.04.510. 99-24-053, § 388-478-0060, filed 11/29/99, effective 12/30/99. Statutory Authority: RCW 74.08.090 and 74.04.510. 99-16-024, § 388-478-0060, filed 7/26/99, effective 9/1/99. Statutory Authority: RCW 74.04.050, 74.04.500, 74.04.510, 74.08.090. 99-05-074, § 388-478-0060, filed 2/17/99, effective 3/20/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-478-0060, filed 7/31/98, effective 9/1/98.]
4331.2(a) "We" means the department of social and health services.
(b) "You" means a person applying for or getting benefits from the department.
(c) "Fair market value (FMV)" means the price at which you could reasonably sell the resource.
(d) "Equity value" means the FMV minus any amount you owe on the resource.
(e) "Community property" means a resource in the name of the husband, wife, or both.
(f) "Separate property" means a resource of a married person that one of the spouses:
(i) Had possession of and paid for before they were married;
(ii) Acquired and paid for entirely out of income from separate property; or
(iii) Received as a gift or inheritance.
(2) We count a resource to decide if your assistance unit (AU) is eligible for cash assistance, family medical programs, or Basic Food when:
(a) It is a resource we must count under WAC 388-470-0045 and 388-470-0055;
(b) You own the resource. We consider you to own a resource if:
(i) Your name is on the title to the property; or
(ii) You have property that doesn't have a title; and
(c) You have control over the resource, which means the resource is actually available to you; and
(d) You could legally sell the resource or convert it into cash within twenty days.
(3) For cash assistance and family medical programs, you must try to make your resources available even if it will take you more than twenty days to do so, unless:
(a) There is a legal barrier; or
(b) You must petition the court to release part or all of a resource.
(4) When you apply for assistance, we count your resources as of:
(a) The date of your interview, if you are required to have an interview; or
(b) The date of your application, if you are not required to have an interview; or
(c) The first day of the month of application, for medical assistance.
(5) If your total countable resources are over the resource limit in subsection (6) through (13) of this section, you are not eligible for benefits.
(6) For cash assistance and applicants for family medical programs, we use the equity value as the value of your resources.
(a) Applicants can have countable resources up to one thousand dollars.
(b) Recipients of cash assistance can have an additional three thousand dollars in a savings account.
(7) Recipients of family medical programs do not have a resource limit.
(8) We do not count your resources for children's medical or pregnancy medical benefits.
(9) For SSI-related medical assistance, see chapter 388-475 WAC.
(10) For clients receiving institutional or wavered services, see chapters 388-513 and 388-515 WAC.
(11) If your household consists of more than one medical assistance unit (MAU), as described in WAC 388-408-0055, we look at the resources for each MAU separately.
(12) If your AU is categorically eligible (CE) as described in WAC 388-414-0001, you do not have a resource limit for Basic Food.
(13) If your AU is not CE under WAC 388-414-0001, your AU may have countable resources up to the following amount and be eligible for Basic Food:
(a) Three thousand two hundred fifty dollars if your AU has either an elderly or disabled individual; or
(b) Two thousand dollars for all other AUs.
(14) If you own a countable resource with someone who is not in your AU, we count the portion of the resource that you own. If we cannot determine how much of the resource is yours:
(a) For cash assistance, we count an equal portion of the resource that belongs to each person who owns it.
(b) For medical assistance and Basic Food, we count the entire amount unless you can prove that the entire amount is not available to you.
(15) We assume that you have control of community property and you can legally sell the property or convert it to cash unless you can show that you do not.
(16) We may not consider an item to be separate property if you used both separate and community funds to buy or improve it.
(17) We do not count the resources of victims of family violence when:
(a) The resource is owned jointly with members of the former household; or
(b) Availability of the resource depends on an agreement of the joint owner; or
(c) Making the resource available would place the client at risk of harm.
(18) You may give us proof about a resource anytime, including when we ask for it or if you disagree with a decision we made, about:
(a) Who owns a resource;
(b) Who has legal control of the resource;
(c) The value of a resource;
(d) The availability of a resource; or
(e) The portion of a property you or another person owns.
[Statutory Authority: RCW 74.08.090 and 74.04.510. 03-05-015, § 388-470-0005, filed 2/7/03, effective 3/1/03. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-470-0005, filed 7/31/98, effective 9/1/98.]