WSR 22-14-047
EMERGENCY RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
[Filed June 28, 2022, 7:48 a.m., effective July 1, 2022]
Effective Date of Rule: July 1, 2022.
Purpose: The department is amending WAC 388-424-0015 Immigrant eligibility restrictions for the state family assistance, ABD cash, and PWA programs.
Effective July 1, 2022, these amendments are necessary to implement HB 1748 (chapter 208, Laws of 2022) and expand aged, blind, or disabled program and housing and essential needs referral eligibility to victims of human trafficking (as defined in RCW
74.04.005).
Citation of Rules Affected by this Order: Amending WAC 388-424-0015.
Statutory Authority for Adoption: RCW
41.05.021,
74.04.005,
74.04.050,
74.04.055,
74.04.057,
74.04.770,
74.04.805,
74.04.820,
74.08.090,
74.08A.100,
74.08A.120,
74.09.035,
74.09.530, and
74.62.030.
Other Authority: HB 1748 (chapter 208, Laws of 2022).
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: These amendments are necessary to implement HB 1748 (chapter 208, Laws of 2022), which takes effect July 1, 2022.
The department is actively taking appropriate steps to adopt the rule as permanent, and filed notice of its intent under WSR 22-11-081.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: June 28, 2022.
Katherine I. Vasquez
Rules Coordinator
SHS-4935.1
AMENDATORY SECTION(Amending WSR 22-02-014, filed 12/27/21, effective 2/1/22)
WAC 388-424-0015Immigrant eligibility restrictions for the ((state family assistance))SFA, ABD cash, and PWA programs.
(1) To receive state family assistance (SFA) benefits, you must be:
(a) A "qualified alien" as defined in WAC 388-424-0001 who is ineligible for temporary assistance to needy families (TANF) due to the five-year bar as described in WAC 388-424-0006(((3)));
(b) A "nonqualified alien" who meets the Washington state residency requirements ((as listed)) in WAC 388-468-0005, including a noncitizen American Indian who does not meet the criteria in WAC 388-424-0001; or
(c) A "survivor of certain crimes" as defined in WAC 388-424-0001(((4))).
(2) To receive aged, blind, or disabled (ABD) cash or pregnant women assistance (PWA) benefits, you must be:
(a) A "U.S. citizen" as defined in WAC 388-424-0001;
(b) A "U.S. national" as defined in WAC 388-424-0001;
(c) An American Indian born outside the U.S.;
(d) A "qualified alien" ((or similarly defined lawful immigrant such as victim of trafficking)) as defined in WAC 388-424-0001; or
(e) A "nonqualified alien" as defined((described)) in WAC 388-424-0001 who((:)), United States Immigration and Customs Enforcement is not taking steps to enforce their departure; or
(((i) Has verified their intent to stay in the United States indefinitely; and
(ii) The United States Immigration and Customs Enforcement is not taking steps to enforce their departure.))
(f) A "survivor of certain crimes" as defined in WAC 388-424-0001.