WSR 01-18-034

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed August 28, 2001, 3:31 p.m. ]

Original Notice.

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

Title of Rule: WAC 388-450-0190 How does the department figure my shelter cost income deduction for food assistance?, 388-450-0195 Utility allowances for food assistance programs, and 388-478-0060 What are my income limits for food assistance?

Purpose: Changes the excess shelter deduction to $354 for new applications and recertifications for food assistance that occur on or after March 1, 2001. Updates the standard utility allowance based on an assistance unit's size. Also updates the gross and net income limits, maximum allotments, and 165% of poverty levels based on the number of eligible assistance unit members.

Statutory Authority for Adoption: RCW 74.08.090 and 74.04.510.

Statute Being Implemented: RCW 74.08.090 and 74.04.510.

Summary: The USDA Food and Nutrition Service mandates these changes in standards used to determine food assistance benefit levels.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: John Camp, DEAP, (360) 413-3232.

Name of Proponent: Department of Social and Health Services, governmental.

Rule is necessary because of federal law, 7 C.F.R., Chapter II, Part 273.

Explanation of Rule, its Purpose, and Anticipated Effects: Changes the excess shelter deductions to $354 for new applications and recertifications for food assistance that occur on or after March 1, 2001. Updates the standard utility allowance based on an assistance unit's size. Also updates the gross and net income limits, maximum allotment, and 165% of poverty level based on the number of eligible assistance unit members.

Proposal Changes the Following Existing Rules: The USDA Food and Nutrition Service mandates these changes in standards used to determine food assistance benefit levels.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules do not impact small businesses.

RCW 34.05.328 does not apply to this rule adoption. These rule changes do not meet the definition of significant legislative rules.

Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on October 9, 2001, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Fred Swenson, by October 1, 2001, phone (360) 664-6097, TTY (360) 664-6178, e-mail swensFH@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 October 9, 2001.

Date of Intended Adoption: No sooner than October 10, 2001.

August 23, 2001

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

2967.2
AMENDATORY SECTION(Amending WSR 01-06-030, filed 3/2/01, effective 4/2/01)

WAC 388-450-0190   How does the department figure my shelter cost income deduction for food assistance?   (((1) To figure)) The department calculates your shelter cost income deduction ((for food assistance, the department first adds up what)) as follows:

(1) First, we add up the amounts your assistance unit (AU) ((is responsible to)) must pay each month for shelter. We do not count any overdue amounts, late fees, penalties((,)) or any amount((s)) you pay ahead of time as an allowable cost. ((Your)) We count the following expenses as an allowable shelter cost((s 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(1) through (5) from your AU's gross income. The result is your AU's net income.

(3) Finally, we subtract ((from your AU's total shelter costs)) one-half of your AU's net income from your AU's total shelter costs. The result is your excess shelter ((cost income deduction. The deduction your AU will get is)) costs. Your AU's shelter cost deduction is the excess shelter costs:

(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)) fifty-four 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)) is over three hundred ((forty)) fifty-four dollars.

[Statutory Authority: RCW 74.08.090 and 74.04.510. 01-06-030, 388-450-0190, filed 3/2/01, effective 4/2/01; 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.]


AMENDATORY SECTION(Amending WSR 00-22-065, filed 10/27/00, effective 11/1/00)

WAC 388-450-0195   Utility allowances for food assistance programs.   (1) For food assistance programs, "utilities" include the following:

(a) Heating and cooking fuel;

(b) Cooling and electricity;

(c) Water and sewerage;

(d) Garbage and trash collection; and

(e) Basic telephone service.

(2) The department uses the amounts below if you have utility costs separate from your rent or mortgage payment. We add your utility allowance to your rent or mortgage payment to determine your total shelter costs. We use total shelter costs to determine your food assistance benefits.

(3) If you have heating or cooling costs, you get a standard utility allowance (SUA) that depends on your assistance unit's size.


Assistance Unit (AU) Size Utility Allowance
1 $((230)) 249
2 $((237)) 256
3 $((244)) 264
4 $((251)) 271
5 $((258)) 279
6 or more $((265)) 287

(4) If your AU does not qualify For the SUA and you have utility costs other than telephone costs, you get a limited utility allowance (LUA) of one hundred ((eighty-five)) ninety-eight dollars.

(5) If your AU has only telephone costs and no other utility costs, you get a telephone utility allowance (TUA) of ((thirty-one)) thirty-three dollars.

[Statutory Authority: RCW 74.04.510. 00-22-065, 388-450-0195, filed 10/27/00, effective 11/1/00. Statutory Authority: RCW 74.040.510 [74.04.510]. 99-24-052, 388-450-0195, filed 11/29/99, effective 12/1/99. Statutory Authority: RCW 74.04.510. 99-09-055, 388-450-0195, filed 4/19/99, effective 5/20/99. Statutory Authority: RCW 74.04.510 and 7 CFR 273.9 (d)(6). 99-01-069, 388-450-0195, filed 12/14/98, effective 1/14/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-450-0195, filed 7/31/98, effective 9/1/98.]

2966.2
AMENDATORY SECTION(Amending WSR 00-23-013, filed 11/3/00, effective 12/4/00)

WAC 388-478-0060   What are my income limits for food assistance?   ((So long as)) If your assistance unit (AU) meets all other eligibility requirements for food assistance ((benefits)), your AU must have income at or below the limits in column (B) and (C) to get food assistance, unless you meet one of the exceptions listed below:

EFFECTIVE 10-1-((2000)) 2001
Column A

((Household Size)) Number of Eligible AU Members

 Column B

Maximum

Gross Monthly

Income

 Column C

Maximum Net

Monthly Income

 Column D

Maximum

Allotment

 Column E

165% of Poverty

Level
1 $ ((905))

931

 $ ((696))

716

 $ ((130))

135

 $ ((1,149))

1,182
2 ((1,219))

1,258

 ((938))

968

 (( 238))

248

 ((1,547))

1,597
3 ((1,533))

1,585

 ((1,180))

1,220

 ((341))

356

 ((1,946))

2,012
4 ((1,848))

1,913

 ((1,421))

1,471

 ((434))

452

 ((2,345))

2,427
5 ((2,162))

2,240

 ((1,663))

1,723

 ((515))

537

 ((2,744))

2,843
6 ((2,476))

2,567

 ((1,905))

1,975

 ((618))

644

 ((3,142))

3,258
7 ((2,790))

2,894

 ((2,146))

2,226

 ((683))

712

 ((3,541))

3,673
8 ((3,104))

3,221

 ((2,388))

2,478

 ((781))

814

 ((3,940))

4,088
9 ((3,419))

3,549

 ((2,630))

2,730

 ((879))

916

 ((4,339))

4,504
10 ((3,734))

3,877

 ((2,872))

2,982

 ((977))

1,018

 ((4,738))

4,920
Each Additional Member +((315))

328

 +((242))

252

 +((98))

102

 +((399))

416

Exceptions:

(1) If your AU is categorically eligible as ((defined in)) under WAC 388-414-0001, your ((income will)) AU does not have to ((be below)) meet the gross or net income standards in columns (B) and (C) ((to decide if you are eligible)). However, we ((will)) do budget ((the)) your AU's income to decide the amount of food assistance your AU will receive.

(2) If your AU includes a member who is sixty years of age or older or has a disability, your income must be at or below the limit in column (C) only.

(3) If you are sixty years of age or older and ((are unable to purchase and prepare)) cannot buy and cook your own meals because of a permanent disability, we will use column (E) to ((determine)) decide if you can be a separate ((food assistance unit)) AU.

(4) If your AU has zero income ((you will receive)), your benefits are the maximum allotment ((amount)) in column (D), based on ((your household size in column (D))) the number of eligible members in your AU.

[Statutory Authority: RCW 74.04.510, 74.08.090. 00-23-013, 388-478-0060, filed 11/3/00, effective 12/4/00. Statutory Authority: RCW 74.04.510. 99-24-053, 388-478-0060, filed 11/29/99, effective 12/30/99. Statutory Authority: RCW 74.08.090 and 74.04.510. 99-16-024, 388-478-0060, filed 7/26/99, effective 9/1/99. Statutory Authority: RCW 74.04.050, 74.04.500, 74.04.510, 74.08.090. 99-05-074, 388-478-0060, filed 2/17/99, effective 3/20/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-478-0060, filed 7/31/98, effective 9/1/98.]

Washington State Code Reviser's Office