Original Notice.

Preproposal statement of inquiry was filed as WSR 00-24-051.

Title of Rule: WAC 388-414-0001 Some food assistance units do not have to meet all eligibility requirements.

Purpose: This rule is being amended to be consistent with current system processing of categorically eligible cases. It has been rewritten to clarify the duration of a family can be considered categorically eligible and under what conditions. The rule also includes information on who cannot be categorically eligible.

Statutory Authority for Adoption: RCW 74.08.090, 74.04.510, USDA AN 99-46.

Statute Being Implemented: RCW 74.08.090, 74.04.510.

Summary: The rule is being amended to be consistent with current system processing of categorically eligible cases.

Reasons Supporting Proposal: The rule provides clarification on the duration a family can be considered categorically eligible and under what conditions. It also includes who cannot be categorically eligible per federal regulations.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Lisa Yanagida, DAP, 1009 College Street, Lacey, WA 98504, Mailstop 45470, (360) 413-3104.

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: The rule will match current system processing of categorically eligible cases. It has been rewritten to clarify the duration a family can be considered categorically eligible and under what conditions. It also includes who cannot be considered categorically eligible per federal regulations.

Proposal Changes the Following Existing Rules: WAC 388-414-0001, we have changed the rule to be consistent with current system processing of categorically eligible cases. We have also included the length of time a family can be considered categorically eligible and under what conditions. We have included information on who cannot be considered categorically eligible per federal regulations.

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 DSHS clients.

RCW 34.05.328 does not apply to this rule adoption. The rule does not meet the definition of a significant legislative rule.

Hearing Location: Blake Office Building East, 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on March 13, 2001, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Kelly Cooper, DSHS Rules Coordinator, by March 6, 2001, phone (360) 664-6094, TTY (360) 664-6178, e-mail myercme@dshs.wa.gov [coopekd@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 March 13, 2001.

Date of Intended Adoption: No sooner than March 14, 2001.

January 31, 2001

Bonita H. Jacques, Chief

Office of Legal Affairs

(a) Some food assistance ((households)) units do not have to meet all of the eligibility requirements for food assistance. The department calls this ((categorical eligibility)) CE. ((Categorically eligible households have already met these)) If your food assistance unit is CE, you do not have to meet the following food assistance requirements because you have met them for another program:

(((a))) (i) Resources;

(((b))) (ii) Gross and net income standards; ((and

(c))) (iii) Residency; and

(iv) Sponsored alien information.

(b) If you are a CE food assistance unit, you will still have your income budgeted to determine the amount of food stamps your assistance unit is eligible for.

(2) Who is ((categorically eligible)) CE for food assistance?

Your household is ((categorically eligible)) CE when:

(a) All members of your ((household)) food assistance unit are getting general assistance (GA) and/or Supplemental Security Income (SSI) cash benefits on their own behalf;

(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)) A member of your ((household are)) food assistance unit is getting or is authorized to ((receive)) get payments ((or services)) from the following programs and ((the entire household benefits)) you all benefit from the assistance:

(i) Temporary assistance for needy families (TANF) cash assistance;

(ii) State family assistance (SFA); or

(iii) Diversion cash assistance (DCA). You are CE for the month you receive ((assistance)) DCA 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)) as long as you have one adult relative caretaker with a dependent child in the food assistance unit.

(c) You are receiving TANF/SFA cash assistance and no longer get assistance because your earnings are over the earned income limit in WAC 388-478-0035. You are CE for twenty-four months after your TANF/SFA cash assistance ends as long as you have one adult relative caretaker with a dependent child in the food assistance unit.

(3) Who are not considered CE even though the above criteria is met?

(a) A member of your food assistance unit is not CE who:

(i) Is not eligible because of his/her alien or student status;

(ii Fails to follow work requirements;

(iii) Fails to provide or apply for a Social Security Number;

(iv) Is a SSI recipient in a cash-out state (state where SSI payments are increased to include the value of the food stamp allotment);

(v) Is not eligible for SSI on his/her own behalf since he/she is getting SSI as an essential person or as an ineligible spouse; or

(vi) Is living in an institution.

(b) If a person is not CE, he/she is not included as member in your CE food assistance unit.

(c) Your entire food assistance unit is not CE when your assistance unit:

(i) Is not eligible because of striker provisions;

(ii) Knowingly transferred resources for the purpose of qualifying for benefits;

(iii) Refuses to cooperate in providing information that is needed to determine your eligibility;

(iv) Has a head of the household that failed to meet work requirements; or

(v) Has a member that is not qualified because of an intentional program violation.

[Statutory Authority: RCW 74.08.090, 74.04.510. 00-11-035, 388-414-0001, filed 5/10/00, effective 8/1/00. 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.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

Washington State Code Reviser's Office