PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
(Division of Assistance Programs)
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: WAC 388-450-0190 Shelter cost income deductions for food assistance.
Purpose: Changes the excess shelter deduction from $300 to $340 effective March 1, 2001, for new applications and recertifications for food assistance that occur on or after March 1, 2001.
Statutory Authority for Adoption: RCW 74.08.090, 74.04.510.
Statute Being Implemented: RCW 74.08.090, 74.04.510.
Summary: The USDA Food and Nutrition Service mandates this changes in the excess shelter cost deduction for new applications and recertifications that occur on or after March 1, 2001. It can not be applied to households with certification periods prior to March 1, 2001.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Vicky T. Robinson, Division of Assistance Programs, (360) 413-3031.
Name of Proponent: Department of Social and Health Services, governmental.
Rule is necessary because of federal law, Amendments to 7 U.S.C. 2014 (e)(7)(B).
Explanation of Rule, its Purpose, and Anticipated Effects: Amending WAC 388-450-0190 to update the excess shelter cost deduction from $300 to $340 effective March 1, 2001. This change will be applied only to new applications and recertifications that occur on or after March 1, 2001. It can not be applied to households with certification periods prior to that date.
Proposal Changes the Following Existing Rules: Updates WAC 388-450-0190 by changing the excess shelter cost deduction amount for households certified either on or after March 1, 2001.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not impact small businesses.
RCW 34.05.328 does not apply to this rule adoption. This rule change does not meet 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 February 27, 2001, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Kelly Cooper, DSHS, Rules Coordinator, phone (360) 664-6094, TTY (360) 664-6178, e-mail coopekd@dshs.wa.gov.
Submit Written Comments to: Identify WAC Numbers, Kelly Cooper, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by February 27, 2001.
Date of Intended Adoption: No earlier than February 28, 2001.
January 8, 2001
Charles Hunter, Director
Administrative Services Division
2860.3(a) Rent, lease payments and mortgage payments; and
(b) Utility costs.
(2) Shelter costs are deducted from gross income if the costs are in excess of fifty percent of the assistance unit's income after deducting the standard, earned income, medical, child support, and dependent care deductions:
(a) For an assistance unit containing an elderly or disabled member the entire amount of excess shelter costs is deducted;
(b) For all other assistance units the excess shelter cost deduction cannot exceed two hundred seventy-five dollars.
(3) Shelter costs may include:
(a) Costs for a home not occupied because of employment, training away from the home, illness, or abandonment caused by casualty loss or natural disaster if the:
(i) Assistance unit intends to return to the home;
(ii) Current occupants, if any, are not claiming shelter costs for food assistance purposes; and
(iii) The home is not being leased or rented during the assistance unit's absence.
(b) Charges for the repair of the home which was substantially damaged or destroyed due to a natural disaster.
(c) The standard utility allowance as provided in WAC 388-450-0195)) To figure your shelter cost deduction for food assistance, the department first adds up what your assistance unit (AU) is responsible to pay each month for shelter. We do not count any overdue amounts, late fees, penalties, or any amounts you pay ahead of time as an allowable cost. Your allowable shelter costs include your:
(a) Ongoing rent, lease, and mortgage payments;
(b) Property taxes;
(c) Homeowner's insurance for the building only;
(d) Utility allowance your AU is eligible for under WAC 388-450-0195;
(e) Out-of-pocket repairs for the home if it was substantially damaged or destroyed due to a natural disaster such as a fire or flood;
(f) Expense of a temporarily unoccupied home because of employment, training away from the home, illness, or abandonment caused by a natural disaster or casualty loss if your:
(i) AU intends to return to the home;
(ii) AU has current occupants who are not claiming the shelter costs for food assistance purposes; and
(iii) AU's home is not being leased or rented during your AU's absence.
(2) Second, we subtract from your AU's gross income all deductions your AU is eligible for under WAC 388-450-0185. The result is your AU's net income.
(3) Finally, we subtract from your AU's total shelter costs one-half of your net income. The result is your excess shelter cost income deduction. The deduction your AU will get is:
(a) Up to a maximum of three hundred dollars if no one in your AU is elderly or disabled and you were found eligible for benefits prior to March 1, 2001; or
(b) Up to a maximum of three hundred forty dollars if no one in your AU is elderly or disabled and you were found eligible for benefits or were recertified for benefits either on or after March 1, 2001; or
(c) The entire amount if someone in your AU is elderly or disabled, even if the amount exceeds three hundred forty dollars.
[Statutory Authority: RCW 74.08.090 and 74.04.510. 99-16-024, 388-450-0190, filed 7/26/99, effective 9/1/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-450-0190, filed 7/31/98, effective 9/1/98.]