PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: WAC 388-414-0001, categorical eligibility for food assistance.
Purpose: This food assistance eligibility rule explains categorical eligibility and describes what types of households are categorically eligible for food assistance.
Statutory Authority for Adoption: RCW 74.08.090 and 74.04.510.
Statute Being Implemented: RCW 74.08.090 and 74.04.510.
Summary: This rule expands the definition of "categorical eligibility" to include food assistance households in which some members are authorized to receive TANF payments or services.
Reasons Supporting Proposal: USDA Administrative Notice 99-46, published July 16, 1999, requires states to expand categorical eligibility for food assistance to any household including a person that is authorized to receive services or payments paid for primarily by TANF or TANF-MOE funds. If the state fails to implement this policy change, some applicants and recipients leaving TANF will be wrongly denied or terminated from food assistance, and the state will incur quality control payment errors.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Alicia Kone, Division of Assistance Programs, P.O. Box 45470, Olympia, WA 98504-5470, (360) 413-3205.
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: See Summary above.
Proposal Changes the Following Existing Rules: WAC 388-414-0001, some food assistance households do not have to meet all eligibility requirements. The rule is expanded to include households in which some members are authorized to receive TANF payments or services as categorically eligible.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposed rule does not have an economic impact on small businesses. It only affects Department of Social and Health Services clients.
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 April 25, 2000, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Paige Wall by April 14, 2000, phone (360) 664-6094, TTY (360) 664-6178, e-mail wallpg@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 April 25, 2000.
Date of Intended Adoption: No sooner than April 26, 2000.
March 8, 2000
Marie Myerchin-Redifer, Manager
Rules and Policies Assistance Unit
2696.3
(1)
((A food assistance unit is categorically eligible (CE) to
receive food benefits when all members are authorized to receive
a cash benefit under any of the following cash programs:
(a) Temporary assistance for needy families (TANF);
(b) State family assistance (SFA);
(c) Supplemental Security Income (SSI); or
(d) General assistance cash programs.
(2) Some food assistance units are not categorically eligible to receive food benefits even after meeting the requirements in subsection (1) of this section. Categorical eligibility does not happen when the entire assistance unit or any member of the unit fits into the following situations:
(a) The entire food assistance unit is:
(i) Living in an institution;
(ii) Disqualified from receiving food assistance for any reason; or
(iii) Terminated from food assistance because of failure to meet monthly reporting requirements.
(b) Any member of the food assistance unit is:
(i) Disqualified from food assistance for an intentional program violation (IPV);
(ii) Disqualified from food assistance because of failure to meet work registration requirements;
(iii) Not eligible for food assistance because of their alien or student status; or
(iv) Receiving SSI as an essential person or an ineligible spouse, not eligible for SSI on their own behalf.
(3) A categorically eligible assistance unit has already met cash eligibility requirements. Some requirements are similar for food assistance. A food assistance unit determined to be categorically eligible does not have to meet food assistance eligibility requirements regarding:
(a) Residency;
(b) Social security number;
(c) Sponsored alien;
(d) Resources; and
(e) The gross and net income standards)) What is "categorical eligibility"?
Some food assistance households do not have to meet all of the eligibility requirements for food assistance. The department calls this categorical eligibility. Categorically eligible households have already met these requirements for another program:
(a) Resources;
(b) Gross and net income standards; and
(c) Residency.
(2) Who is categorically eligible for food assistance?
Your household is categorically eligible when
(a) All members of your household are getting general assistance (GA) cash benefits;
(b) All members of your household are getting Supplemental Security Income (SSI) on their own behalf;
(c) All members of your household are getting either GA or SSI on their own behalf; or
(d) Some members of your household are authorized to receive payments or services from the following programs and you all benefit from the assistance:
(i) Temporary assistance for needy families (TANF) cash assistance;
(ii) State family assistance (SFA);
(iii) Diversion cash assistance (DCA) for the month you receive assistance and the three following months; or
(iv) TANF post-employment services (as defined in WAC 388-310-1800) as long as your assistance unit meets TANF resource requirements.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-414-0001, filed 7/31/98, effective 9/1/98.]