WSR 19-12-051
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
[Filed May 31, 2019, 8:52 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 19-06-049.
Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-450-0190 How does the department figure my shelter cost income deduction for basic food?
Hearing Location(s): On July 9, 2019, at 10:00 a.m., at Office Building 2, Department of Social and Health Services (DSHS) Headquarters, 1115 Washington, Olympia, WA 98504. Public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/sesa/rules-and-policies-assistance-unit/driving-directions-office-bldg-2.
Date of Intended Adoption: Not earlier than July 10, 2019.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, fax 360-664-6185, by 5:00 p.m., July 9, 2019.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, phone 360-664-6092, fax 360-664-6185, TTY 711 relay service, email Kildaja@dshs.wa.gov, by June 25, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Changes proposed under this filing incorporate a simplified shelter deduction option for basic food benefit calculations of homeless households. This change may increase the amount of food benefits for an individual who is homeless, with or without shelter, but is responsible for shelter costs.
Reasons Supporting Proposal: These amendments are necessary to comply with recent changes to federal law governing the Supplemental Nutrition Assistance Program.
Statute Being Implemented: The Agriculture Improvement Act of 2018 (Public Law 115-334) Section 4004.
Rule is necessary because of federal law, 7 C.F.R. 273.9 (d)[(]6[)](i).
Name of Proponent: DSHS, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Christina Barras, P.O. Box 45470, Olympia, WA 98504-5470, 360-725-4640.
A school district fiscal impact statement is not required under RCW
28A.305.135.
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."
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Explanation of exemptions: The proposed rule does not have an economic impact on small businesses.
May 30, 2019
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION(Amending WSR 19-01-031, filed 12/12/18, effective 1/12/19)
WAC 388-450-0190How does the department figure my shelter cost income deduction for basic food?
The department calculates your shelter cost income deduction for basic food as follows:
(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 allowable shelter costs. 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.
(h) A homeless AU with shelter costs is eligible for a homeless shelter expense deduction of one hundred forty-seven dollars. If the homeless AU has shelter costs in excess of one hundred forty-seven dollars, the AU has the option to claim either:
(i) The homeless shelter deduction; or
(ii) Actual shelter costs.
(2) Second, we subtract all deductions your AU is eligible for under WAC 388-450-0185 (2)(a) through (2)(d) from your AU's gross income. The result is your AU's countable income.
(3) Finally, we subtract one-half of your AU's countable 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 five hundred fifty-two 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 five hundred fifty-two dollars.