WSR 18-03-021
PERMANENT RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
[Filed January 8, 2018, 9:21 a.m., effective February 8, 2018]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The department is amending WAC 388-450-0140 to comply with federal regulations for income allocation of ineligible basic food assistance unit members.
Citation of Rules Affected by this Order: Amending WAC 388-450-0140.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090, 7 C.F.R. 273.9.
Adopted under notice filed as WSR 17-16-028 on July 21, 2017.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: January 4, 2018.
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 10-15-044, filed 7/13/10, effective 8/1/10)
WAC 388-450-0140 How does the income of an ineligible assistance unit member affect my eligibility and benefits for basic food?
The department decides who must be in your assistance unit (AU) under WAC 388-408-0035. If an AU member is ineligible for basic food under WAC 388-408-0035, this affects your AU's eligibility and benefits as follows:
(1) We do not count the ineligible member(s) to determine your AU size for the gross monthly income limit, net monthly income limit, or maximum allotment under WAC 388-478-0060.
(2) If an AU member is ineligible because they are disqualified for an intentional program violation (IPV), ((they)) failed to meet work requirements under chapter 388-444 WAC, or ((they are)) is an ineligible fleeing felon((s)) under WAC 388-442-0010:
(a) We count all of the ineligible member's gross income as a part of your AU's income; and
(b) We count all of the ineligible member's allowable expenses as part of your AU's expenses.
(3) If an AU member is an ineligible able-bodied adult without dependents (ABAWD) under WAC 388-444-0030, is ineligible due to their alien status, failed to sign the application to state their citizenship or alien status, or refused to get or provide us a Social Security number:
(a) We ((allow the twenty percent earned income disregard for the ineligible member's earned income)) prorate the income of the ineligible member among all the AU members by excluding the ineligible member's share and counting the remainder to the eligible members;
(b) We ((prorate the remaining income of the ineligible member among all the AU members by excluding the ineligible member's share and counting the remainder to the eligible members; and)) allow the twenty percent earned income disregard for the ineligible member's earned income;
(c) We divide the ineligible member's allowable expenses evenly among all members of the AU when the ineligible member has income ((except that we do not divide the standard utility allowance (SUA).))
(d) We allow the full ((SUA based on the total number of members in your)) amount of the utility allowance the AU is eligible for under WAC 388-450-0195.