EMERGENCY RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
Date of Adoption: January 9, 2001.
Purpose: Changes the excess shelter cost deduction from $275 to $300.
Citation of Existing Rules Affected by this Order: Amending WAC 388-450-0190.
Statutory Authority for Adoption: RCW 74.08.090 and 74.04.510.
Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.
Reasons for this Finding: USDA Food and Nutrition Service mandated that this change be made by October 1, 2000. Because we received the notice on August 2, 2000, we did not have sufficient time to go through the regular rule-filing process. If we do not extend this change clients will lose needed benefits.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: Federal law mandates that the department implement this change by October 1, 2000.Effective Date of Rule: Immediately.
January 9, 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.]