PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
Original Notice.
Preproposal statement of inquiry was filed as WSR 99-01-113.
Title of Rule: New WAC 388-436-0002 DSHS provides a cash benefit called additional requirements for additional needs (AREN) to help families pay for short term expenses caused by an emergency; and repeals WAC 388-436-0001 Additional requirement for emergent needs (AREN) and 388-436-0005 AREN good cause.
Purpose: Repeals WAC 388-436-0001 and 388-436-0005. Adopts new section to modify emergency assistance rules to allow payments to secure housing for homeless families and remove technical requirements that prevented some families from receiving emergency assistance. Additional changes are proposed to increase the amount of emergency assistance that may be provided.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.08.090.
Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.08.090.
Summary: Formal written eviction notices will no longer be required. Families without permanent housing will qualify for emergency assistance without needing to provide a formal written eviction notice. The existing rule limits the emergency assistance benefit based on household size. The new rules removes the payment limit based on household size. The benefit amount will be established based on the cost of the emergent need, regardless of household size.
Reasons Supporting Proposal: Homelessness is a barrier to employment and other self-supporting activity. Current payment limitations are insufficient to alleviate many critical need situations.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Michael Thomas, Program Manager, Lacey Government Center, 1009 College Street S.E., Lacey, WA 98503, (360) 413-3240, fax (360) 413-3482.
Name of Proponent: Department of Social and Health Services, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: Emergency assistance is provided to meet certain emergent needs for housing, clothing, food, and other necessities required to assure the health and safety of families with children. The changes proposed to the current rules will allow more families to qualify for emergency assistance benefits and will allow payments to be higher than allowed under the current limitations.
Removing several technical requirements will make it easier for families to qualify for emergency assistance benefits.
Proposal Changes the Following Existing Rules: This proposal repeals WAC 388-436-0001 and 388-436-0005 and adds new section.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Small businesses are not affected by this rule filing.
RCW 34.05.328 applies to this rule adoption. These rules do meet the definition of significant legislative rule but DSHS is exempt from preparing a cost benefit analysis under RCW 34.05.328 (5)(b)(vii).
Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on June 22, 1999, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Paige Wall by June 11, 1999, phone (360) 902-7540, TTY (360) 902-8324, e-mail pwall@dshs.wa.gov.
Submit Written Comments to: Identify WAC Numbers, Paige Wall, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 902-8292, by June 22, 1999.
Date of Intended Adoption: July 1, 1999.
May 17, 1999
Marie Myerchin-Redifer, Manager
Rules and Policies Assistance Unit
2564.3(1) Who can receive additional requirements for emergent needs (AREN) benefits?
A family may request AREN benefits if they have applied for or already get cash assistance from the temporary assistance for needy families (TANF), state family assistance (SFA) or refugee cash assistance (RCA) program. The family must meet the eligibility conditions for TANF, SFA or RCA to receive AREN benefits.
(2) Will AREN change the amount of our assistance?
When the department approves AREN benefits, the amount used to figure how much assistance the family can receive is increased for one month. This is called an 'increased payment standard.' The department uses the increased standard to:
(a) Determine initial eligibility and calculate the payment amount for families who are new applicants; or
(b) Calculate the monthly payment amount for families already receiving assistance.
(3) What kinds of things are considered AREN emergencies?
(a) The family experienced a disaster such as a theft, house fire, flood, severe weather, accident or medical emergency.
(b) The family has extra short-term expenses caused by homelessness, domestic violence, or situations that jeopardize the family's health and safety.
(c) The family's funds were used to pay for necessary expenses such as:
(i) Basic health and safety needs for shelter, food and clothing;
(ii) Medical care;
(iii) Dental care need to obtain employment or because of pain;
(iv) Emergency child care;
(v) Other reasonable and necessary expenses.
(d) The family's cash grant has been reduced or terminated in anticipation of income that will not be available to pay for the need when the payment is due.
(4) Do I need to provide proof that I have an emergency?
Families must show proof that there is a good reason they do not have sufficient funds to meet their short-term need. The proof must show:
(a) Why funds are insufficient to pay for the need; and
(b) The amount of money necessary to meet the need; and
(c) How the family will pay for the need in the future; and
(d) The expense is for a need listed in subsection (5) of this rule.
(5) What kind of expenses does the AREN benefit cover?
The department may approve AREN benefits to pay for the following kinds of expenses:
(a) Rent, security deposits, mortgage payments, taxes or fees:
(i) To prevent an eviction or foreclosure from causing the loss of housing that the family will be able to afford in the future.
(ii) To obtain housing subsidies or permanent housing the family will be able to afford in the future when:
(A) Eviction or foreclosure is not preventable.
(B) The family has no housing or has only temporary housing.
(C) The current housing puts the family's health or safety in danger due to a condition the property owner is unable or unwilling to fix.
(D) Moving is necessary to escape a domestic violence situation.
(b) Repairs, deposits, fees and services to assure the household has electricity, water, sewer or fuel for heating and cooking.
(c) Bedding, clothing, cooking utensils, and personal hygiene items when the family has lost these items due to a disaster, domestic violence, or homelessness.
(d) Food when the family has no other way to get food.
(e) Other goods and services necessary to protect the health and safety of the family.
(6) Are there any limits on the amount of AREN benefits I can get?
(a) When AREN benefits are approved, the department pays the least amount necessary to get the family through the emergency. Funds from other sources affect the amount of AREN the department pays. A representative from the department will work with your family to figure out the amount.
(b) There is no limit on how frequently a family may request or receive AREN benefits. The department makes the eligibility decision based on whether or not there is a reasonable cause for the emergent need and the lack of funds available to the family.
(7) How does the department pay the AREN benefit?
(a) The department pays the approved AREN benefit as part of the family's TANF, SFA or RCA cash grant using the income rules found in chapter 388-450 WAC.
(b) When possible, the department pays AREN benefits directly to a third party under the provisions in WAC 388-460-0001.
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The following sections of the Washington Administrative Code are repealed:
| WAC 388-436-0001 | Additional requirement for emergent needs (AREN). |
| WAC 388-436-0005 | AREN good cause. |