PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
Original Notice.
Preproposal statement of inquiry was filed as WSR 00-08-056.
Title of Rule: WAC 388-400-0025 General eligibility requirements of the general assistance unemployable (GAU) program.
Purpose: This revision is being done to meet the requirements for the WAC migration of Title 388 WAC. Eligibility rules currently in WAC 388-235-1500 and 388-235-9000 are being incorporated into WAC 388-400-0025. The rules for general assistance unemployable eligibility requirements will be incorporated into one section, providing easy access for users.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090.
Statute Being Implemented: Chapter 74.04 RCW.
Summary: WAC migration and clearly written rules.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Carla Gira, Program Manager, Lacey Government Center, 1009 College Street S.E., Lacey, WA 98503, (360) 413-3264.
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: Eligibility rules for the general assistance unemployable program will be located in one WAC.
Proposal does not change existing rules.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not impact small business.
RCW 34.05.328 applies to this rule adoption. The rule meets the definition of a "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 O'Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on June 27, 2000, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Fred Swenson by June 16, 2000, phone (360) 664-6097, TTY (360) 664-6178, e-mail swensfh@dshs.wa.gov.
Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by June 27, 2000.
Date of Intended Adoption: No sooner than June 28, 2000.
May 17, 2000
Marie Myerchin-Redifer, Manager
Rules and Policies Assistance Unit
2724.6
(1) ((To be eligible for)) You can get
general assistance ((-)) unemployable (GA((-))U)((, a person
must)) benefits if:
(a) ((Be)) You are incapacitated as required under WAC
((388-235-5000)) 388-448-0010 through ((388-235-6000))
388-448-0120;
(b) ((Meet the age requirement of WAC 388-404-0010)) You are
at least eighteen years old or, if under eighteen, a member of a
married couple;
(c) ((Be)) You are in financial need according to GA((-))U
income and ((temporary assistance for needy families (TANF)))
resource rules in chapters 388-450, 388-470 and 388-488 WAC;
(d) You meet the general assistance citizenship/alien status requirements under WAC 388-424-0005(3);
(e) You provide a Social Security number as required under WAC 388-476-0005;
(f) You reside in the state of Washington as required under WAC 388-468-0005;
(g) You undergo a treatment and referral assessment as
provided under WAC ((388-235-7000)) 388-448-0130 through
((388-235-7600)) 388-448-0150;
(h) You assign interim assistance as provided under WAC
((388-235-9200 and 388-235-9300;
(i) Not be eligible for or receiving benefits from other programs as specified under WAC 388-235-9000)) 388-448-0210.
(2) You cannot get GAU benefits if:
(a) You are eligible for temporary assistance for needy families (TANF) benefits;
(b) You are eligible for state family assistance (SFA) benefits unless you are not eligible under WAC 388-400-0010;
(c) You have the ability to, but refuse to meet a TANF or SFA eligibility rule;
(d) You are eligible for Supplemental Security Income (SSI) benefits;
(e) You are an ineligible spouse of an SSI recipient; or
(f) You were denied benefits or your benefits were terminated by the Social Security Administration (SSA) for failing to follow a SSI program rule or application requirement.
(3) The assistance unit ((for a person applying for or
receiving GA-U)) will be established according to WAC 388-408-0010.
(((3) A person in an institution may be eligible for GA-U as
specified under WAC 388-235-1500))
(4) You may be eligible for GAU if you reside in a public institution. A "public institution" is an institution that is supported by public funds, and a governmental unit either is responsible for it or exercises administrative control over it. Your eligibility will depend upon the type of institution you are in.
(a) If you reside in a public institution and are otherwise eligible for GAU, you may be eligible for general assistance if you are:
(i) A patient in a public medical institution; or
(ii) A patient in a public mental institution and are:
(A) Sixty-five years of age or older; or
(B) Twenty years of age or younger.
(b) You are not eligible for GAU when you are in the custody of or confined in a public institution such as a state penitentiary or county jail including placement:
(i) In a work release program; or
(ii) Outside of the institution.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-400-0025, filed 7/31/98, effective 9/1/98.]