Date of Adoption: October 5, 1999.

Purpose: To establish that eligibility for other funding sources must be determined before benefits are authorized from the consolidated emergency assistance program and all other funding sources for housing assistance must be used in lieu of CEAP benefits.

Citation of Existing Rules Affected by this Order: Amending WAC 388-436-0030 Eligibility for CEAP depends on other possible cash benefits.

Statutory Authority for Adoption: RCW 74.04.660.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: The Washington legislature made significant changes in the funding level of this program in the 1999 state budget. These changes are necessary to keep the program within allotted funds. This rule is in effect under an earlier emergency rule and this second emergency filing is to keep the rule in effect while the permanent rule-making process is completed.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: October 20, 1999.

October 5, 1999

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

(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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