WSR 14-07-110 PROPOSED RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES [Filed March 19, 2014, 9:31 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-12-074.
Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-450-0195 Does the department use my utility costs when calculating my Basic Food or WASHCAP benefits?, to update the utility allowances for the Washington Basic Food program to include the standard utility allowance, limited utility allowance and the telephone utility allowance. The allowances are used when calculating Basic Food benefits.
Hearing Location(s): Office Building 2, Lookout Room, 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), on April 22, 2014, at 10:00 a.m.
Date of Intended Adoption: Not earlier than April 23, 2014.
Submit Written Comments to: DSHS rules coordinator, P.O. Box 45850, Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., April 22, 2014.
Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by April 8, 2014, TTY (360) 664-6178 or (360) 664-6094 or by e-mail jennisha.johnson@dshs.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing to amend WAC 388-450-0195 Does the department use my utility costs when calculating my Basic Food or WASHCAP benefits?
Reasons Supporting Proposal: The proposed amendments adopt new requirements for a household to receive the standard utility allowance based on receipt of a federal LIHEAP payment and to reinstate the standard utility, limited utility and telephone utility allowances when determining Basic Food as required by the Agricultural Act of 2014 (farm bill) as enacted, Public Law 113-79 – Agriculture [Agricultural] Act of 2014.
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.
Statute Being Implemented: RCW 74.04.510.
Rule is necessary because of federal law, Agricultural [Agriculture] Reform and Risk Management Act of 2014 [2013] (farm bill) as enacted.
Name of Proponent: Department of social and health services, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Holly St. John, CSD, ESA, 712 Pear Street, Olympia, WA, (360) 725-4895.
No small business economic impact statement has been prepared under chapter 19.85 RCW. These amendments are exempt as allowed under RCW 34.05.328 (5)(b)(vii) which states in part, "this 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."
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, "this 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 17, 2014
Katherine I. Vasquez
Rules Manager
AMENDATORY SECTION (Amending WSR 14-04-050, filed 1/27/14, effective 2/27/14)
WAC 388-450-0195 Does the department use my utility costs when calculating my Basic Food or WASHCAP benefits?
(((1) We use a standard utility allowance (SUA) of four hundred nine dollars instead of your actual utility costs when we determine your assistance unit's:
(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.)) (1) The department uses utility allowances instead of the actual utility costs your assistance unit (AU) pays when we determine your:
(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) For Basic Food, "utilities" include the following:
(a) Heating or cooling fuel;
(b) Electricity or gas;
(c) Water and sewer;
(d) Well or septic tank installation/maintenance;
(e) Garbage/trash collection; and
(f) Telephone service.
(3) We use the amounts below if you have utility costs separate from your rent or mortgage payment:
(a) If your AU has heating or cooling costs or receives more than twenty dollars in Low Income Home Energy Assistance Act (LIHEAA) benefits each year, you get a standard utility allowance (SUA) of four hundred nine dollars.
(b) If your AU does not qualify for the SUA and you have any two utility costs listed in subsection (2) of this section, you get a limited utility allowance (LUA) of three hundred thirty dollars.
(c) If your AU has only telephone costs and no other utility costs, you get a telephone utility allowance (TUA) of sixty-five dollars.
(4) If your AU receives Basic Food on March 9, 2014, you receive the SUA through August 2014 regardless of your household's utility expenses unless you have a lapse in your Basic Food benefits.
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