(1) What is the heat and eat program?

(a) The heat and eat program is ((a special energy))an assistance program for certain assistance units (AUs) that receive basic food, Washington combined application project (WASHCAP), or the food assistance program for legal immigrants (FAP).

(b) ((An assistance unit (AU)))AUs in the heat and eat program ((receives up to twenty dollars and one cent))that receive federal basic food benefits are issued $20.01 in federal low-income home energy assistance program (LIHEAP) benefits if they meet the requirements in subsection (3) of this section. This ((U.S. Department of Health and Human Services, Administration for Children and Families LIHEAP)) benefit makes the AU eligible for the standard utility allowance (SUA) under WAC 388-450-0195 for ((twelve))12 months. AUs that receive state-funded FAP benefits and meet the requirements in subsection (3) of this section qualify for the SUA when calculating basic food eligibility, but do not receive the LIHEAP payment.

(2) If you receive WASHCAP, you will get LIHEAP and your AU is eligible for ((the standard utility allowance))SUA under WAC 388-450-0195 for ((twelve))12 months.

(3) Is your AU eligible for heat and eat?

Your AU is eligible for heat and eat if you meet all of the following:

(a) The AU contains an elderly or disabled member, as defined in WAC 388-400-0040;

(b) You receive at least one dollar in basic food or FAP benefits prior to any recoupments;

(((b)))(c) Your basic food or FAP AU includes at least one U.S. citizen or qualified alien as defined under WAC 388-424-0001 ((as))and required by 8 U.S.C. Sec. 1611 (a)(1);

(((c)))(d) You do not receive transitional food assistance (((TFA)))under WAC 388-489-0005;

(((d)))(e) You are not eligible for the ((standard utility allowance (SUA)))SUA under WAC 388-450-0195 ((based on having))because you do not have out-of-pocket costs for heating or cooling;

(((e)))(f) You have not received a regular LIHEAP benefit amount of more than ((twenty dollars))$20.00 in the past ((twelve))12 months; ((and))

(g) You have not received a LIHEAP payment within the last 12 months from a community agency contracted with the department of commerce; and

(((f)))(h) You do not receive the maximum allotment for your AU size under WAC 388-478-0060 without using the SUA.

(4) How do you receive heat and eat?

(a) If you are eligible for a heat and eat payment, we deposit the cash benefit on your EBT card.

(b) The heat and eat ((benefit is good for twelve))program provides a single payment to eligible households once every 12 months.

(c) ((After twelve months, we look at your circumstances to see if you are still eligible))Eligibility for heat and eat is renewed annually.

(5) How do you apply for heat and eat?

(a) ((You do not apply for heat))Heat and eat doesn't have an application process.

(b) We will determine if your food program AU is eligible to receive heat and eat and automatically provide the benefit to you if you qualify.

(1) A person who physically entered the U.S. prior to August 22, 1996, and who continuously resided in the U.S. prior to becoming a "qualified alien" (as defined in WAC 388-424-0001) is not subject to the five-year bar on receiving TANF.

(2) A person who entered the U.S. prior to August 22, 1996, but became "qualified" on or after August 22, 1996, or who physically entered the U.S. on or after August 22, 1996, and who requires five years of residency to be eligible for federal ((Basic Food))basic food, can only count years of residence during which they were a "qualified alien."

(3) A person who physically entered the U.S. on or after August 22, 1996, is subject to the five-year bar for TANF unless exempt. The five-year bar starts on the date that "qualified" status is obtained.

(4) The following "qualified aliens," as defined in WAC 388-424-0001, are exempt from the five-year bar for food and cash programs:

(a) Amerasians;

(b) ((Asylees;

(c))) Cuban/Haitian entrants;

(5) The following "qualified aliens" as defined in WAC 388-424-0001, are exempt from the five-year bar for TANF, but are subject to the five-year bar for federal basic food until their status adjusts to lawful permanent resident (LPR):

(a) Asylees;

(((d)))(b) Persons granted withholding of deportation or removal;

(((e)))(c) Refugees;

(((f)))(d) Special immigrants from Iraq and Afghanistan;

(((g)))(e) Victims of trafficking who have been certified or had their eligibility approved by the federal U.S. Department of Health and Human Services (HHS); ((and))

(f) Individuals from Ukraine and their family members admitted as humanitarian parolees between February 24, 2022, and September 30, 2024, and whose parole has not been terminated by the secretary of the Department of Homeland Security (DHS), who are:

(i) Citizens or nationals of Ukraine;

(ii) Non-Ukrainian individuals who were habitually residing in Ukraine, and have documentation confirming last habitual residence in Ukraine;

(iii) A spouse or child of an individual described in subsections (i)-(iii) of this section who is paroled into the U.S. after September 30, 2023; or

(iv) An individual who is paroled into the U.S. after September 30, 2023, as a parent, legal guardian, or primary caregiver of an unaccompanied refugee minor or an unaccompanied child who meets the conditions described in subsections (i)-(ii) of this section.

(g) Afghan nationals paroled into the U.S. between July 31, 2021, and September 30, 2023, whose initial parole period has not expired or who have been granted re-parole: or

(i) An individual who was paroled into the U.S. after September 30, 2023, and is the spouse or child of an Afghan national as defined in subsection (g) of this section; or

(ii) An individual who was paroled into the U.S. after September 30, 2023, and who is the parent or legal guardian of an individual as defined in subsection (g) of this section who is determined to be an unaccompanied child.

(((h) Lawful permanent residents))(6) LPRs, parolees, or battered aliens, as defined in WAC 388-424-0001, who are also an armed services member or veteran as described in WAC 388-424-0007 are exempt from the five-year bar for TANF, but subject to the five-year bar for basic food when their status adjusts to LPR.((; and))

(((i) Citizens of the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau.

(j) Individuals from Ukraine and their family members admitted as humanitarian parolees between February 24, 2022, and September 30, 2024, and whose parole has not been terminated by the secretary of the Department of Homeland Security (DHS), who are:

(i) Citizens or nationals of Ukraine;

(ii) Non-Ukrainian individuals who were habitually residing in Ukraine, and have documentation confirming last habitual residence in Ukraine;

(iii) A spouse or child of an individual described in subsections (i)-(ii) of this section who is paroled into the U.S. after September 30, 2023; or

(k) Afghan nationals paroled into the U.S. between July 31, 2021, and September 30, 2023, whose initial parole period has not expired or who have been granted reparole: or

(i) An individual who was paroled into the U.S. after September 30, 2023, and is the spouse or child of an Afghan national as defined in subsection (k) of this section; or

(ii) An individual who was paroled into the U.S. after September 30, 2023, and who is the parent or legal guardian of an individual as defined in subsection (k) of this section who is determined to be an unaccompanied child.))

(1) If you are a U.S. citizen or U.S. national as defined in WAC 388-424-0001 and meet all other eligibility requirements, you may receive federal ((Basic Food))basic food benefits.

(2) If you are not a U.S. citizen or U.S. national, you must ((fall))meet the requirements within (a) or (b) of this subsection, and meet all other eligibility requirements, in order to receive federal ((Basic Food))basic food benefits:

(a) You are a member of one of the following groups of lawful immigrants as defined in WAC 388-424-0001:

(i) Amerasian;

(ii) ((Asylee;

(iii))) Cuban or Haitian entrant;

(((iv) Deportation or removal withheld;

(v) Refugee;

(vi) Afghan nationals paroled into the U.S. between July 31, 2021, and September 30, 2023; or

(A) Their spouse or child paroled into the U.S. after September 30, 2023; or

(B) Their parent or legal guardian paroled into the U.S. after September 30, 2023, if they were an unaccompanied child when paroled into the U.S.;

(vii) Special immigrant from Iraq or Afghanistan;

(viii) Certified victim of trafficking;

(ix) Noncitizen))(iii) American ((Indian))Indians born outside of the U.S.;

(((x)))(iv) Hmong or Highland Lao tribal member; or

(((xi) Individuals from the Ukraine granted humanitarian parole between February 24, 2022, and September 30, 2024; or

(A) Their spouses and children paroled into the U.S. after September 30, 2023; or

(B) A parent, legal guardian, or primary caregiver of an unaccompanied refugee minor or an unaccompanied child who is paroled into the U.S. after September 30, 2023;

(xii)))(v) Citizens of the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau.

(b) You are a ((member of one of the following groups of qualified aliens))lawful permanent resident (LPR) as defined in WAC 388-424-0001, and one of the following applies to you:

(i) ((Conditional entrant;

(ii) Lawful permanent resident (LPR);

(iii) Paroled for one year or more; or

(iv) Abused spouse or child, parent of an abused child, or child of an abused spouse.

(v) And, one of the following also applies to you:

(A))) You have worked or can get credit for 40 Social Security Administration (SSA) work quarters - as described in WAC 388-424-0008;

(((B)))(ii) You are an active duty personnel or honorably discharged veteran of the U.S. military or you are the spouse, unmarried surviving spouse, or unmarried dependent child of someone who meets this requirement, as described in WAC 388-424-0007;

(((C)))(iii) You receive cash or medical benefits based on supplemental security income (SSI) criteria for blindness or disability;

(iv) You were initially granted status as a refugee, asylee (a person granted asylum), victim of trafficking, special immigrant, or were granted withholding of deportation as described in WAC 388-424-0001;

(v) You were initially an Afghan national paroled into the U.S. between July 31, 2021, and September 30, 2023; or

(A) Their spouse or child and were paroled into the U.S. after September 30, 2023; or

(B) Their parent or legal guardian if the Afghan national was an unaccompanied child when paroled into the U.S. and you were paroled into the U.S. after September 30, 2023;

(vi) You were initially an individual from Ukraine granted humanitarian parole between February 24, 2022, and September 30, 2024; or

(A) Their spouse or child and were paroled into the U.S. after September 30, 2023; or

(B) Their parent, legal guardian, or primary caregiver if the Ukrainian granted parole was an unaccompanied refugee minor or an unaccompanied child and you were paroled after September 30, 2023;

(((D)))(vii) You have lived in the U.S. as a "qualified alien" as described in WAC 388-424-0001 for at least five years. The five-year count starts when (whichever is earlier between (A) and (B) of this subsection):((;))

(A) You were granted LPR status; or

(B) Prior to being granted LPR status, you were granted status as a battered alien, conditional entrant, or parolee of at least one year.

(((E)))(viii) You are under age 18; or

(((F)))(ix) You were lawfully residing in the U.S. on August 22, 1996, and were born on or before August 22, 1931.

(3) If you are a legal immigrant not eligible for federal benefits under ((Basic Food))basic food only because of your ((alien))immigration status, you may be eligible for state-funded food assistance program (FAP) benefits under WAC 388-400-0050.

(1) We do not count the following types of income when we determine your cash assistance and basic food benefits:

(a) Bona fide loans as defined in WAC 388-470-0045, except certain student loans as specified under WAC 388-450-0035;

(b) Federal income tax refunds, earned income tax credit (EITC), and Washington's working families tax credit (WFTC) payments in the month received;

(d) Federal $25 supplemental weekly unemployment compensation ((payment))payments authorized by the American Recovery and Reinvestment Act of 2009;

(e) Title IV-E and state foster care maintenance payments if you choose not to include the foster child in your assistance unit (AU);

(f) ((Energy assistance payments;

(g))) Educational assistance we do not count under WAC 388-450-0035;

(((h)))(g) Native American benefits and payments we do not count under WAC 388-450-0040;

(((i)))(h) Income from employment and training programs we do not count under WAC 388-450-0045;

(((j)))(i) Money withheld from a benefit to repay an overpayment from the same income source;

(((k)))(j) One-time cash payments issued ((under the Department of State or Department of Justice reception and replacement programs, such as voluntary agency (VOLAG) payments))as part of the federal refugee resettlement program used to cover direct costs of initial resettlement;

(((l)))(k) Payments we are directly told to exclude as income under state or federal law;

(((m)))(l) Payments made to someone outside of the household for the benefits of the ((assistance unit))AU using funds that are not owed to the household;

(((n)))(m) Distributions for qualified disability expenses from an achieving a better life experience (ABLE) account; and

(((o)))(n) Medicare advantage supplemental benefits.

(2) For basic food only:

(a) We do not count the total monthly amount of all legally obligated current or back child support payments paid by the ((assistance unit))AU to someone outside of the ((assistance unit))AU for:

(i) A person who is not in the ((assistance unit))AU; or

(ii) A person who is in the ((assistance unit))AU to cover a period of time when they were not living with the member of the ((assistance unit))AU responsible for paying the child support on their behalf; ((and))

(b) We do count money withheld because you were overpaid for not meeting requirements of a federal, state, or local means tested programs such as temporary assistance for needy families (TANF), state family assistance (SFA), aged, blind, or disabled (ABD) cash assistance, pregnant women assistance (PWA), and supplemental security income (SSI)((.)); and

(3) For cash only we do not count:

(a) Income ((to individuals))received under RCW 43.03.230, to compensate participation in part-time boards and commissions ((received under RCW 43.03.230)).

(b) Energy assistance payments.

(c) For ((temporary assistance for needy families (TANF) or state family assistance (SFA)))TANF and SFA recipients, legally obligated, current child support payments as defined in WAC 388-422-0005.

(1) Who can apply for refugee cash assistance (RCA)?

Anyone can apply to the department of social and health services (DSHS) for refugee cash assistance and have their eligibility determined within 30 days.

(2) How do I know if I qualify for RCA?

You may be eligible for RCA if you meet the following conditions:

(a) You meet the immigration status requirements of WAC 388-466-0005;

(b) You have had the qualifying immigration status described in subsection (a) of this section for less than the duration of the program as determined by the director of the federal office of refugee resettlement;

(c) You meet the income and resource requirements under chapters 388-450 and 388-470 WAC, except we do not count a one-time ((resettlement)) cash payment ((that a))issued as part of the federal refugee resettlement ((agency may use))program used to cover direct ((assistance)) costs of initial resettlement((, such as rent, household goods, and other essential needs)) (WAC 388-466-0140);

(d) You meet the work and training requirements of WAC 388-466-0150; and

(e) If you are a refugee, you provide the name of the resettlement agency which resettled you.

(3) What are the other reasons for not being eligible for RCA?

You may not be able to get RCA if you:

(a) Are eligible for temporary assistance for needy families (TANF); or

(b) Have been denied TANF due to your refusal to meet TANF eligibility requirements; or

(c) Are employable and have, without good cause, voluntarily quit or refused to accept a bona fide offer of employment within 30 consecutive days immediately prior to your application for RCA; or

(d) Are a full-time student in a college or university.

(4) What if I am 65 years of age or older, blind, or disabled?

You may be eligible for supplemental security income (SSI). If you also meet the eligibility requirements for RCA, you may be eligible to receive RCA benefits for the duration of the program as determined by the director of the federal office of refugee resettlement or until SSI benefits are authorized, whichever occurs sooner.

(5) If I meet the requirements for the RCA program, what date will be used as the start date of the RCA benefit period?

The date that will be used as the start of the RCA benefit period is the date that you qualify for federal refugee resettlement services based on your immigration status.

(a) The start date of the RCA benefit period will be the date you entered the United States if you are a(n):

(i) Refugee;

(ii) Amerasian;

(iii) Special Immigrant Visa (SIV) holder from Iraq or Afghanistan;

(iv) Afghan Special Immigrant Parolee (SI/SQ); or

(v) Afghan individual with Special Immigrant (SI) Conditional Permanent Residence (CPR).

(b) If you are a Cuban-Haitian entrant, the start date of the RCA benefit period is the date you met the definition of a Cuban-Haitian entrant as defined in 45 C.F.R. Part 401.2.

(c) If you are an asylee, the start date of the RCA benefit period will be the date that your asylum status is granted. For example: You entered the United States on December 1, 2021, as a tourist, then applied for asylum on April 1, 2022, interviewed with the asylum office on July 1, 2022, and were granted asylum on September 1, 2022. September 1, 2022, will be used as the start date of your RCA benefit period.

(d) If you are certified as a victim of human trafficking, the start date of the RCA benefit period will be the date on the certification, eligibility, or interim assistance letter from the federal U.S. Department of Health and Human Services (HHS).

(e) If you are a Ukrainian humanitarian parolee that entered the United States between February 24, 2022, and September 30, 2023, the start date of the RCA benefit period is May 21, 2022, or the date you were granted parole, whichever is later. If you entered the United States between October 1, 2023, and September 30, 2024, your date of eligibility is April 24, 2024, or the date you were granted parole, whichever is later.

(f) If you are an Afghan humanitarian parolee that entered the United States between July 31, 2021, and September 30, 2023, the start date of the RCA benefit period is October 1, 2021, (if you entered between July 31, 2021, and September 30, 2021) or the date you "entered the community," whichever is later.

(6) If I am a victim of human trafficking, what kind of documentation do I need to provide to be eligible for RCA?

You are eligible for RCA to the same extent as a refugee if you are:

(a) An adult victim, 18 years of age or older, you provide the original certification letter from the U.S. Department of Health and Human Services (HHS), and you meet eligibility requirements in subsection (2) of this section. You do not have to provide any other documentation of your immigration status.

(b) A child victim under the age of 18, in which case you do not need to be certified. HHS issues a special eligibility or interim assistance letter for children. Children also have to meet income eligibility requirement;

(c) A family member of a certified victim of human trafficking, you have a T-2, T-3, T-4, T-5, or T-6 Visa (Derivative T-Visas), and you meet the eligibility requirements in subsections (2)(c) and (d) of this section.

(7) When can I start receiving RCA?

The date DSHS has sufficient information to make an eligibility decision is the date you can start receiving RCA (WAC 388-406-0055).

(8) How long can I receive RCA benefits?

(a) You can receive RCA benefits for the duration of the program as determined by the director of the federal office of refugee resettlement starting from the date you qualify for services through the federal office of refugee resettlement (ORR).

(b) The benefit period for RCA begins the date you are eligible for ORR services, not the date of application for RCA. The actual number of months you receive RCA benefits depends on the date you apply and are approved for RCA. You will only be able to receive RCA for the number of months between RCA approval and the last day of the benefit for the program as determined by the director of ORR, which is calculated from your date of eligibility for ORR services.

(c) If you get a job, your income will affect your RCA based on the TANF rules (chapter 388-450 WAC). If you earn more than is allowed by WAC 388-478-0035, you are no longer eligible for RCA.

(d) The number of months that you may receive RCA benefits could change if the federal office of refugee resettlement changes the eligibility period.

(9) Are there other reasons why RCA may end?

Your RCA also ends if:

(a) You move out of Washington state;

(b) Your unearned income or resources go over the maximum limit (WAC 388-466-0140); or

(10) Will my spouse be eligible for RCA, if they arrive in the U.S. after me?

When your spouse arrives in the United States, DSHS determines their eligibility for RCA and other income assistance programs.

(a) Your spouse may be eligible for RCA for the duration of the program as determined by the director of the federal office of refugee resettlement. The date your spouse qualifies for RCA is based on the date they qualify for federal refugee services through the federal office of refugee resettlement.

(b) If you live together, you and your spouse are part of the same assistance unit and your spouse's eligibility for RCA is determined based on you and your spouse's combined income and resources (WAC 388-466-0140).

(11) What can I do if I disagree with a decision or action that has been taken by DSHS on my case?

If you disagree with a decision or action taken on your case by the department, you have the right to request a review of your case or an administrative hearing (WAC 388-02-0090). Your request must be made within 90 days of the date of the decision or action.