WSR 99-20-102

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

(Division of Assistance Programs)

[ Filed October 5, 1999, 1:11 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-01-113.

Title of Rule: WAC 388-436-0030 Eligibility for CEAP depends on other possible cash benefits.

Purpose: Funding previously available to DSHS for this program has been significantly modified. The funds for emergency housing will be made available through other housing programs. This rule change will restrict payments to clients who can not receive funds from alternative housing programs.

Other Identifying Information: This rule was adopted under emergency procedures effective July 1, 1999, to respond to the budget allotment provided by the legislative budget although a preproposal statement of inquiry was filed as WSR 99-01-113.

Statutory Authority for Adoption: RCW 74.04.660.

Statute Being Implemented: RCW 74.04.660.

Summary: Adoption of this rule clarifies that consolidated emergency assistance program funds may not be authorized to clients who qualify for housing assistance from other sources.

Reasons Supporting Proposal: The 1999 budget adopted by the legislature significantly changed the funding level for this program.

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.

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: The CEAP program provides brief emergency assistance to families with short term needs when they do not qualify for other assistance benefits.

Proposal Changes the Following Existing Rules: The changes to WAC 388-436-0030 establish that eligibility for other DSHS programs must be determined before benefits are authorized under the CEAP and that clients who can receive benefits from other sources are not eligible to receive CEAP.

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 does not apply to this rule adoption. This rule does not fit the definition of a significant legislative rule.

Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on November 9, 1999, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Paige Wall by October 26, 1999, phone (360) 664-6094, TTY (360) 664-6178, 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) 664-6185, by November 9, 1999.

Date of Intended Adoption: December 1, 1999.

September 30, 1999

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

2606.2
AMENDATORY SECTION(Amending WSR 98-16-044, filed 7/31/98, effective 9/1/98)

WAC 388-436-0030
Eligibility ((conditions)) for CEAP((--)) depends on other possible ((resources)) cash benefits.

(1) ((As a condition of eligibility for CEAP, applicants must take all necessary steps to establish eligibility for the following programs)) Before the department approves CEAP benefits, we must determine that all household members are ineligible for benefits from any of the following programs:

(a) Temporary assistance for needy families (TANF);

(b) State family assistance (SFA);

(c) Refugee cash assistance (RCA);

(d) Diversion cash assistance (DCA).

(2) To receive CEAP, the applicant must take all necessary steps to receive benefits from the following programs:

(a) TANF, SFA, and RCA;

(b) Supplemental security income (SSI);

(((e))) (c) Medical assistance for those applicants ((requesting emergency)) declaring a medical ((care)) need;

(((f))) (d) Food assistance for those applicants declaring ((an emergency)) a food need; ((and

(g))) (e) Housing assistance from any available source for those applicants declaring a housing need;

(f) Unemployment compensation, ((if)) veteran's benefits, industrial insurance benefits, Social Security benefits, pension benefits, or any other source of financial benefits the applicant is potentially eligible to receive.

(((2) CEAP applicants under a grant penalty for failure to comply with program requirements of TANF/SFA, WorkFirst under chapter 388-310 WAC, refugee cash assistance, general assistance or SSI are treated as follows:

(a) All members are ineligible and the CEAP application is denied if compliance could have prevented the need for emergency assistance.

(b) Only the member responsible for the grant penalty is ineligible for CEAP if the compliance could not have prevented the need for emergency assistance))

(3) The department may not authorize CEAP benefits to any household containing a member who is under a grant penalty for failure to comply with program requirements of TANF/SFA, RCA, or WorkFirst under chapter 388-310 WAC.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090.  98-16-044, § 388-436-0030, filed 7/31/98, effective 9/1/98.]

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