WSR 14-17-132
(Economic Services Administration)
(Community Services Division)
[Filed August 20, 2014, 10:29 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-10-086.
Title of Rule and Other Identifying Information: The department is proposing to create WAC 388-400-0047 Am I eligible for the heat and eat program?
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, on September 23, 2014, at 10:00 a.m.
Date of Intended Adoption: Not earlier than September 24, 2014.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, e-mail, fax (360) 664-6185, by 5:00 p.m., September 23, 2014.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, by September 9, 2014, TTY (360) 664-6178 or (360) 664-6092 or by e-mail
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Changes proposed under this filing support providing an energy assistance payment to select Basic Food and food assistance program (FAP) for legal immigrants households who are not eligible for the standard utility allowance income deduction for federal food stamp program (SNAP), and do not receive the maximum monthly benefit for Basic Food or FAP.
Reasons Supporting Proposal: The Agricultural Act of 2014, Public Law 113-79, increased the amount of energy assistance though the low income home energy assistance program a SNAP household must receive in order for the household to be eligible for the standard utility allowance.
Changes proposed under this filing are expected to impact benefits for certain households receiving the Washington Basic Food program and the state-funded FAP for legal immigrants. Under RCW 74.08A.120, rules for FAP shall follow exactly the rules of SNAP except for the provisions pertaining to immigrant status.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.04.515, 74.08.090, 74.04.500, 74.08A.010, 74.08A.903.
Statute Being Implemented: Food and Nutrition Act of 2008 (P.L. 110-246, 7 U.S.C.) as amended by P.L. 113-79.
Rule is necessary because of federal law, P.L. 113-79.
Name of Proponent: DSHS, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Holly St. John, P.O. Box 45470, Olympia, WA, (360) 725-4895.
No small business economic impact statement has been prepared under chapter 19.85 RCW. These proposed rules do not have an economic impact of 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, "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."
August 14, 2014
Katherine I. Vasquez
Rules Coordinator
WAC 388-400-0047 Am I eligible for the heat and eat program?
(1) What is the heat and eat program?
The heat and eat is a special energy assistance program for certain assistance units receiving basic food or the food assistance program for legal immigrants (FAP).
An assistance unit (AU) in heat and eat receives up to $20.01 in federal low income home energy assistance program (LIHEAP) benefits. This LIHEAP benefit makes the AU eligible for the standard utility allowance under WAC 388-450-0195 for twelve months.
(2) Is my assistance unit eligible for heat and eat?
Your AU is eligible for heat and eat if you meet all of the following:
(a) You receive at least $1 in basic food or FAP benefits, prior to any recoupments;
(b) You do not receive WASHCAP;
(c) You do not receive transitional food assistance (TFA);
(d) You are not eligible for the standard utility allowance (SUA) under WAC 388-450-0195 based on having out of pocket costs for heating or cooling;
(e) You have not received a regular LIHEAP benefit amount of more than twenty dollars in the past twelve months; and
(f) You do not receive the maximum allotment for your AU size under WAC 388-478-0060 without using the SUA.
(3) How do I receive heat and eat?
If you are eligible for heat and eat, we deposit the benefit on your EBT card. The heat and eat benefit is good for twelve months. After twelve months, we look at your circumstances to see if you are still eligible for heat and eat.
(4) How do I apply for heat and eat?
You do not apply for heat and eat. We will determine if your AU is eligible to receive heat and eat and automatically provide you the benefit.