WSR 99-14-046

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

(Division of Assistance Programs)

[ Filed June 30, 1999, 10:51 a.m. , effective August 1, 1999 ]

Date of Adoption: June 30, 1999.

Purpose: New section WAC 388-436-0002 is adopted to provide increased benefits to families who need emergency funds to prevent eviction or secure affordable housing. This rule modifies the requirements families must meet to be eligible for emergency funds by eliminating several technical requirements and eliminates the limit on the amount of funds families can receive to cover short term emergency needs that threaten the families health and safety.

Citation of Existing Rules Affected by this Order: Repealing WAC 388-436-0001 and 388-436-0005.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, and 74.08.090.

Adopted under notice filed as WSR 99-11-073 on May 18, 1999.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 0, Repealed 2. Effective Date of Rule: August 1, 1999.

June 30, 1999

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

2564.3
NEW SECTION
WAC 388-436-0002
DSHS provides a cash benefit called additional requirements for emergent needs (AREN) to help families pay for short-term expenses caused by an emergency.

(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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REPEALER

     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.

© Washington State Code Reviser's Office