Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: WAC 388-416-0005 How long can I get food assistance?

Purpose: Updated text of WAC to clarify what a certification period is, how long a certification period can be based on a household's circumstances, and to incorporate when a certification period can be changed.

Statutory Authority for Adoption: RCW 74.08.090 and 74.04.510.

Statute Being Implemented: RCW 74.08.090 and 74.04.510.

Summary: Updated WAC to reflect when a certification can be shortened or lengthened and when we terminate a certification period.

Reasons Supporting Proposal: Due to a change in federal regulations we can only shorten or lengthen a certification period to match a cash or medical assistance end date unless the food assistance household has already received the maximum certification allowable under law. We can end a certification only when we have proof of a change that makes a household ineligible or if we get information that makes the household ineligible and the household does not cooperate in verifying its circumstances.

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, 7 C.F.R. 273.10 (f)(4) and (5).

Explanation of Rule, its Purpose, and Anticipated Effects: Federal regulations require that we can only shorten or lengthen a certification period to match a cash or medical assistance end date unless the food assistance household has already received the maximum certification allowable under law. We can end a certification only when we have proof of a change that makes a household ineligible or if we get information that makes the household ineligible and the household does not cooperate in verifying its circumstances.

Proposal Changes the Following Existing Rules: Updates WAC to reflect when a certification can be shortened or lengthened and when we terminate a certification period.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Small businesses are not affected by this change in rule.

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

Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on May 8, 2001, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Kelly Cooper, DSHS Rules Coordinator, by May 1, 2001, phone (360) 664-6094, TTY (360) 664-6178, e-mail 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 May 8, 2001.

Date of Intended Adoption: No sooner than May 9, 2001.

March 30, 2001

Susan Bush

for Bonita H. Jacques, Chief

Office of Legal Affairs

(1) ((Not more than)) Twenty-four months ((for assistance units without)) if everyone in your AU is elderly and no one in your AU has earned income or cash assistance ((when all members are elderly;)).

(2) ((Not more than)) Twelve months ((for assistance units with no)) if everyone in your AU is disabled or elderly and no one in your AU has earned income ((and all household members are disabled or elderly)).

(3) ((Not more than)) Six months ((for assistance units)) if your AU has:

(a) ((Receiving)) Cash assistance; or

(b) ((With)) Earned income ((and required to report monthly)); or

(c) ((With recent work history and required to report monthly; or

(d))) Income, household circumstances, and deductions that are not likely to ((have any changes)) change.

(4) ((Not more than)) Three months for ((assistance units)) all other AUs, including AUs with:

(a) ((Consisting of)) A migrant or seasonal farmworker((s));

(b) ((Containing)) An able-bodied adult without dependents (ABAWD);

(c) ((Without any)) No income ((and not receiving)) or cash assistance;

(d) ((With)) Expenses that ((exceed income received)) are more than the income the AU gets;

(e) ((That are)) Homeless individuals or AU members staying in an emergency or ((battered spouse)) family violence shelter:

(f) ((That are)) An AU member who is staying in a non-ADATSA drug and alcohol treatment center((; or

(g) Not identified in this section)).

(5) We may shorten or lengthen your certification period to match your cash or medical assistance end date unless you have already received the maximum certification allowable for your AU.

(6) We terminate your certification period when:

(a) We get proof of a change that makes your AU ineligible; or

(b) We get information that your AU is ineligible; and

(c) You do not provide needed information to verify your AU's circumstances.

[Statutory Authority: RCW 74.08.090 and 74.04.510. 99-16-024, 388-416-0005, 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, 388-416-0005, filed 7/31/98, effective 9/1/98.]

Washington State Code Reviser's Office