Date of Adoption: July 31, 2000.

Purpose: Amend WAC 388-436-0002 to establish new eligibility restrictions for payments through additional requirements for emergent need (AREN).

Citation of Existing Rules Affected by this Order: Amending 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.

Statutory Authority for Adoption: RCW 74.08.090.

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: Changes to restrict eligibility for payments under AREN are needed because the funds used under this program were far greater than the expected demand an allotted budget for the biennium. At current spending levels, the funds for the program will run out in December of 2000. The Department of Social and Health Services will not receive additional funds for this program until the next biennium starting July 1, 2001.

     DSHS has worked together with the Coalition for the Homeless and Columbia Legal Services to develop the changes in this policy that allow the department to keep the AREN program through the biennium while serving clients that are in need of additional help to have safe housing.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0. Effective Date of Rule: August 1, 2000.

July 31, 2000

Marie Myerchin-Redifer

Manager

DSHS has a program called additional requirements for emergent needs (AREN). If your family has an emergency and you need a special one-time cash payment to get or keep safe housing or utilities, you may be eligible. The special AREN payment is in addition to the regular monthly cash grant your family may already receive. To receive AREN, you must meet the requirements explained below. (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)) To receive AREN, you must:

     (a) Be eligible for temporary assistance for needy families (TANF), state family assistance (SFA), or refugee cash assistance (RCA);

     (b) Have an emergency housing or utility need; and

     (c) Have a good reason that you had insufficient funds to pay your housing or utility costs.

     (2) To receive AREN, you must be eligible for TANF, SFA, or RCA. This means you must:

     (a) Get benefits through TANF, SFA, or RCA. For RCA you must also be pregnant or have an eligible child; or

     (b) Apply for TANF, SFA, and RCA, and meet all eligibility criteria including:

     (i) The earned income requirement under WAC 388-478-0035;

     (ii) The unearned income requirement that your countable unearned income not exceed the grant payment standard;

     (iii) The requirement that your countable income as defined under WAC 388-450-0162 must be below the payment standard in WAC 388-478-0020 when you have both earned and unearned income;

     (iv) The resource requirements under chapter 388-470 WAC;

     (v) The program summary rule requirements for either TANF (WAC 388-400-0005); SFA (WAC 388-400-0010); or RCA (WAC 388-400-0030); and

     (vi) The requirement that you are pregnant or have an eligible child.

     (c) If you do not get or do not want to go on TANF, SFA or RCA, you cannot get AREN to help with one-time housing or utility costs. We will look to see if you are eligible for diversion cash assistance (DCA) under WAC 388-222-0010.

     (3) To receive AREN, you must have an emergency housing or utility need. You may receive AREN to help pay to:

     (a) Prevent eviction or foreclosure;

     (b) Get housing if you are homeless or need to leave your home because of domestic violence;

     (c) Hook up or prevent a shut off of utilities related to your health and safety. We consider the following utilities to be needed for health and safety:

     (i) Electricity or fuel for heating, lighting, and cooking;

     (ii) Water;

     (iii) Sewer; and

     (iv) Basic local telephone service if it is necessary for your basic health and safety.

     (d) Repair damage or defect to your home when it causes a risk to your health or safety:

     (i) If you own the home, we may approve AREN for the least expensive method of ending the risk to your health or safety;

     (ii) If you do not own the home, you must ask the landlord in writing to fix the damage according to the Residential Landlord-Tenant Act at chapter 59.18 RCW. If the landlord refuses to fix the damage or defect, we may pay the cost of the repair or the cost to move you to a different place whichever cost is lower.

     (e) If you receive TANF or SFA, WorkFirst support services under WAC 388-310-0800 may be used to help you relocate to new housing to get a job, keep a job, or participate in WorkFirst activities. Nonhousing expenses, which are not covered under AREN, may be paid under WorkFirst support services. This includes expenses such as car repair, diapers, or clothing.

     (4) To receive AREN, you must have a good reason for having insufficient funds to pay for your housing or utility costs. You must prove that you:

     (a) Did not have money available that you normally use to pay your rent and utilities due to an emergency situation such as a long-term illness or injury;

     (b) Had to use your money to pay for necessary or emergency expenses. Examples of necessary or emergency expenses include:

     (i) Basic health and safety needs for shelter, food and clothing;

     (ii) Medical care;

     (iii) Dental care needed to get a job or because of pain;

     (iv) Emergency child care;

     (v) Emergency expenses due to a natural disaster, accident, or injury; and

     (vi) Other reasonable and necessary expenses.

     (c) Are currently homeless; or

     (d) Had your family's cash grant reduced or suspended in anticipation of income that will not be available to pay for the need when the payment is due. You must make attempts to negotiate later payments with your landlord or utility company before receiving AREN.

     (e) In addition to the above, you must also explain how you will afford to pay for the on-going need in the future. AREN may be denied if your expenses exceed your income (living beyond your means). We may approve AREN to help you get into housing you can afford.

     (5) When you apply for AREN, you must show that there is a good reason you do not have sufficient funds to meet your short-term need. The proof must show:

     (a) Why funds are insufficient to pay for the need;

     (b) The amount of money necessary to meet the need;

     (c) How you will pay for the need in the future; and

     (d) The expense is for a need listed in subsection (3) of this rule.

     (6) If you meet the above requirements, we use the following to determine how much we pay.

     (a) AREN payments may be made up to a maximum of fifteen hundred dollars.

     (b) We can make the payment all at once or as separate payments over a thirty-day period. The thirty-day period starts with the date of the first payment.

     (c) The amount of AREN is in addition to the amount of your monthly TANF, SFA, or RCA cash grant.

     (d) We will confirm with the landlord, utility company or vendor the lowest amount necessary to end your housing or utility emergency. We only consider resources that are immediately available to you. If you have the following resources, we may consider them when we work with you to determine the lowest amount necessary:

     (i) We may ask you to arrange a payment plan with your landlord or utility company. This could include us making a partial payment, and you setting up a plan for you to repay the remaining amount you owe over a period of time.

     (ii) We may have you use some of the money you have available in cash, checking or savings to help pay for the expense. We will look at the money you have available as well as your bills when we decide how much we will pay.

     (iii) We may consider income that is excluded or disregarded for cash assistance benefit calculations, such as SSI, as available to meet your emergency housing need.

     (iv) We may consider money voluntarily provided from other individuals such as family or friends. This does not include loans of money that must be repaid to friends of family members.

     (v) We may consider money from a nonneedy caretaker relative living in the home.

     (vi) We may look at what other community resources you currently have to help you with your need.

     (7) You can receive AREN only once in a twelve-month period.

     (a) Payment under this program is limited to no more than thirty consecutive days within a period of twelve consecutive months.

     (b) The twelve-month period starts from the month you were first issued AREN. It ends on the first day of the twelfth month following the month of issuance. For example, if we issued you AREN on January 15th, you would be eligible on the first of the following January.

     (c) This twelve-month period is effective starting with August 1, 2000 AREN issuances.

     (8) We pay AREN:

     (a) Directly to the landlord, mortgage company, utility, or other vendor whenever we can.

     (b) If we cannot pay AREN directly to the landlord or other vendor, we will issue the AREN as a part of your TANF, SFA, or RCA cash grant. If we issue the AREN as a part of your grant, you must use it for your emergency need.

     (9) We may assign you a protective payee for your monthly grant under WAC 388-265-1250.

[Statutory Authority: RCW 74.04.050, 74.04.055, and 74.08.090.      99-14-046, § 388-436-0002, filed 6/30/99, effective 8/1/99.]

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