PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: WAC 388-408-0034 What is an assistance unit for food assistance?, 388-408-0035 Who is in my assistance unit for food assistance?, 388-408-0040 How does living in an institution affect my eligibility for food assistance?, 388-408-0045 Am I eligible for food assistance if I live in a shelter for battered women and children?, 388-408-0050 Does the department consider me homeless for food assistance benefits?, and 388-450-0140 How does the income of an ineligible assistance unit member affect my eligibility and benefits for food assistance?
Purpose: Creates new WAC to define what a food assistance unit is. Clarifies who can be in a food assistance unit. Summarizes how being homeless, living in an institution, or living in a shelter for battered women and children affects food assistance eligibility. Clarifies how the income of an ineligible assistance unit member affects food assistance eligibility and benefits.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and 74.04.510.
Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and 74.04.510.
Summary: Defines what a food assistance unit is in new WAC 388-408-0034. Clarifies text of existing rules.
Reasons Supporting Proposal: These changes reflect federal law changes.
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: Defines what a food assistance unit is in new WAC 388-408-0034. Clarifies text of existing rules. These changes are mandated by federal law.
Proposal Changes the Following Existing Rules: Creates new WAC to define what a food assistance unit is. Clarifies who can be in a food assistance unit. Summarizes how being homeless, living in an institution, or living in a shelter for battered women and children affects food assistance eligibility. Clarifies how the income of an ineligible assistance unit member affects food assistance eligibility and benefits.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Small businesses are not impacted by these rule changes.
RCW 34.05.328 does not apply to this rule adoption. These 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 DSHS Rules Coordinator 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
2968.2"We" means the department of social and health services;
"You" means the person applying for or receiving benefits from the department;
"Assistance unit" or "AU" is the group of people who live together and whose income and resources we count to decide if you are eligible for benefits and the amount of benefits you get.
"Boarder" means a person who:
(1) We decide pays a reasonable amount for lodging and meals; or
(2) Is in foster care.
"Live-in attendant" means a person who lives in the home and provides medical, housekeeping, childcare, or similar personal services an AU member needs because:
(1) A member is aged, incapacitated, or disabled;
(2) A member of the AU is ill; or
(3) A minor child in the AU needs childcare.
"Parent" means a natural, step, or adoptive parent. A stepparent is not a parent to a child if the marriage to the child's natural parent ends due to divorce or death.
A person who lives with you pays a "reasonable amount" for meals if:
(1) You provide two or more meals a day and they pay at least the maximum allotment under WAC 388-478-0060 for their AU size; or
(2) You provide one meal a day and they pay at least two-thirds the maximum allotment under WAC 388-478-0060 for their AU size.
"Roomer" means a person who pays for lodging, but not meals;
A person has a "separate residence" from an AU if they have separate living, cooking, and sanitation facilities.
"Spouse" means your husband or wife through a legally recognized marriage.
[]
(a) A person living alone;
(b) A group of people living together who purchase or prepare meals together;
(c) A group of people living together who are required to be one household because of the relationship to each other as described in subsection (2) of this section; or
(d) An elderly person with permanent disabilities who is unable to prepare meals. The combined income of all others living in the residence (excluding the spouse) cannot exceed the one hundred sixty-five percent standard under WAC 388-478-0060. The person's spouse must be included in the food assistance household.
(2) The following people living together must be one household even if they purchase and prepare meals separately:
(a) Spouses which means persons who are legally married or who present themselves as husband and wife to the community, friends and relatives;
(b) Parents and their children under twenty-two years of age regardless of the child's marital status; and
(c) Children under eighteen years of age and the adult who the child is living with when the adult is not the child's parent. When a minor child lives with an adult who is not the child's parent, the child is considered to be under parental control unless the child receives in their own name:
(i) A TANF grant; or
(ii) Gross income equal to or exceeding the TANF grant standard in WAC 388-478-0020(2).
(3) A household member who is absent from the household a full issuance month, is not eligible for benefits with that household.
(4) The following persons living in the residence are not household members and if eligible may be a separate food assistance household:
(a) Roomers who are persons that pay for lodging but not meals;
(b) Others who purchase and prepare meals separately from the household; or
(c) Live-in attendants regardless of purchase and prepare arrangements.
(5) The following persons living in the residence are not household members and are not eligible for food assistance as a separate household:
(a) Ineligible students; and
(b) Persons eighteen to fifty years old without dependents who are no longer eligible for benefits as specified in chapter 388-444 WAC.
(6) A person who is living in the residence and is not a household member as described in subsection (4) and (5), is not included when household size, income eligibility, and benefit level are determined for the food assistance unit.
(7) A boarder is a person who:
(a) Is paying a reasonable amount for lodging and meals as determined by the department; or
(b) Is in foster care.
(8) A client can exclude a boarder at the client's request. If excluded, the boarder cannot be a separate food assistance household. Residents of licensed for-profit boarding homes are not eligible for benefits.
(9) The following household members are ineligible for food assistance and are considered ineligible members:
(a) Those disqualified for:
(i) Intentional program violation (IPV) as specified in WAC 388-446-0015;
(ii) Noncompliance with work requirements as specified in WAC 388-444-0055; or
(iii) Failure to provide SSN as specified in WAC 388-476-0005;
(b) Those who fail to sign the application attesting to citizenship or alien status or immigrants not eligible because of alien status;
(c) Fleeing felons as specified in WAC 388-442-0010(1); or
(d) Those convicted of drug felonies as described under WAC 388-442-0010(2).
(10) A person who is living in the residence and is an ineligible household member is not included when household size and benefit level is determined)) person must be in your assistance unit (AU) if they:
(a) Live in the same home as you; and
(b) Usually purchase and prepare food with you.
(2) If the following people live with you, they must be in your AU even if you do not usually purchase and prepare food together:
(a) Your spouse;
(b) Your parents if you are under age twenty-two (even if you are married);
(c) Your children under age twenty-two;
(d) A child under age eighteen who doesn't live with their parent unless the child:
(i) Is emancipated;
(ii) Gets a TANF grant in their own name; or
(iii) Gets income in their own name of at least the TANF payment standard under WAC 388-478-0020(2) before taxes or other withholdings.
(e) Someone not listed in (a) through (d) above if:
(i) You provide meals for them; and
(ii) They pay less than a reasonable amount for meals.
(3) Anyone who must be in your AU under subsection (2) or (3) is an ineligible AU member if they:
(a) Are disqualified for an intentional program violation (IPV) under WAC 388-446-0015;
(b) Did not meet ABAWD work requirements under WAC 388-444-0030.
(c) Did not meet work requirements under WAC 388-444-0055;
(d) Did not provide a social security number under WAC 388-476-0005;
(e) Did not meet the citizenship or alien status requirements under chapter 388-424 WAC;
(f) Are fleeing a felony charge or violating a condition of parole or probation under WAC 388-442-0010;
(g) Are disqualified for a drug-related felony under 388-442-0010.
(4) If your AU has an ineligible member:
(a) We count the ineligible member's income to the AU under WAC 388-450-0140;
(b) We count all the ineligible members resources to the AU; and
(c) We do not use the ineligible member to determine the AU's size for the maximum income amount or allotment under WAC 388-478-0060.
(5) If the following people live in the same home as you, you can choose if we include them in the AU:
(a) A permanently disabled person who is age sixty or over and cannot make their own meals if the total income of everyone else in the home (not counting the elderly and disabled person's spouse) is not more than the one hundred sixty-five percent standard under WAC 388-478-0060;
(b) A boarder. If you do not include a boarder in your AU, the boarder cannot get food assistance in a separate AU;
(c) A person placed in your home for foster care. If you do not include this person in your AU, they cannot get food assistance in a separate AU;
(d) Roomers; or
(e) Live-in attendants even if they purchase and prepare food with you.
(6) If someone in your AU is out of your home for a full issuance month, they are not eligible for benefits as a part of your AU.
(7) The following people who live in your home are not members of your AU. If they are eligible for food assistance, they may be a separate AU:
(a) Someone who usually purchases and prepares meals separately from your AU if they are not required to be in your AU; or
(b) Someone who lives in a separate residence.
(8) A student who is ineligible for food assistance under WAC 388-482-0005 is not a member of the AU.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-408-0035, filed 7/31/98, effective 9/1/98.]
(2) Most residents of institutions are not eligible for food
assistance ((benefits)). ((Residents of the following
institutions may be eligible))
(3) If you live in one of the following institutions, you may be eligible for food assistance even if the institution provides the majority of meals:
(a) Federally subsidized housing for the elderly;
(b) Qualified drug and alcohol treatment centers when an employee of the treatment center is the authorized representative;
(c) Qualified group homes for persons with disabilities;
(d) A shelter for battered women and children when the resident left the home that included the abuser; or
(e) Nonprofit shelters for the homeless. ((Homeless clients
may use food stamps to purchase prepared meals from meal
providers for the homeless.
(2))) (4) A qualified group home is a nonprofit residential facility that:
(a) Houses sixteen or fewer persons with disabilities as defined under WAC 388-400-0040(6); and
(b) Is certified by the division of developmental disabilities (DDD).
(((3))) (5) Elderly or disabled ((household members and))
individuals and their spouses may use food ((stamps to purchase))
assistance benefits to buy meals from the following ((when
approved by)) if FNS has approved them to accept food assistance
benefits:
(a) Communal dining facility; or
(b) Nonprofit meal delivery service.
(6) If you are homeless, you may use your food assistance benefits to buy prepared meals from meal providers for the homeless.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-408-0040, filed 7/31/98, effective 9/1/98.]
(2) A shelter resident who left a food assistance household that included the abuser:
(a) Is certified as a separate household;
(b) May receive an additional allotment even when the resident already received benefits with the abuser; and
(c) Are certified on the basis of:
(i) Income and resources to which they have access; and
(ii) Expenses for which they are responsible)).
(2) If you live in a shelter for battered women and children and you left an assistance unit (AU) that included the abuser, we certify you a separate AU for food assistance:
(a) You may get additional amount of food assistance benefits even if you received benefits with the abuser.
(b) The department will decide your eligibility and benefits based on:
(i) The income and resources you have access to; and
(ii) The expenses you are responsible for.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-408-0045, filed 7/31/98, effective 9/1/98.]
(1) Supervised shelter that provides temporary living or sleeping quarters;
(2) Halfway house ((providing)) that provides a temporary
residence for persons going into or coming out of an institution;
(3) Residence of another person that is temporary and the client has lived there for ninety days or less; or
(4) A place not usually used as sleeping quarters for humans.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-408-0050, filed 7/31/98, effective 9/1/98.]
2969.1(a) The standard deduction and allowable deductions for earned income, medical costs, dependent care, and excess shelter costs are applied; and
(b) The households benefits are not increased as a result of the exclusion of the disqualified person.
(2) When a household contains a person who is ineligible due to alien status, felon status as described in WAC 388-442-0010, failure to sign the application attesting to citizenship or alien status, or who has been disqualified for refusal to obtain or provide a Social Security number:
(a) The income of the ineligible person is prorated among all household members. The ineligible person's share is excluded, and the remainder is counted as income to the eligible household members;
(b) Apply the twenty percent earned income disregard to the ineligible person's earned income attributed to the household; and
(c) Divide the portion of the household's allowable shelter expenses evenly among all members of the household, when the ineligible members have income.
(3) The ineligible or disqualified household member is not counted when determining the household's size for purposes of:
(a) Comparing the household's total monthly income to the income eligibility standards; and
(b) Computing benefits)) The department decides who must be in your assistance unit (AU) under WAC 388-408-0035. If someone who is in your AU is an ineligible AU member, we decide how this affects your AU's eligibility and benefits as follows:
(1) We do not count the ineligible member to determine your AU size for the gross monthly income limit, net monthly income limit, or maximum allotment under WAC 388-478-0060.
(2) If the AU member is ineligible because they are disqualified for an intentional program violation (IPV), they failed to meet work requirements under chapter 388-444 WAC, or they are ineligible felons under WAC 388-442-0010:
(a) We count all of the ineligible member's gross income as a part of your AU's income; and
(b) We count all of the ineligible member's allowable expenses as part of your AU's expenses.
(3) If the AU member is ineligible because they are an ineligible ABAWD under WAC 388-444-0030, ineligible due to their alien status, they failed to sign the application to state their citizenship or alien status, or they refuse to get or provide us a Social Security number:
(a) We prorate the ineligible member's gross income by:
(i) Dividing the ineligible member's income by the total number of people in the AU;
(ii) Subtracting the ineligible member's share of the income; and
(iii) Counting the remaining income to the other members of the AU; and
(iv) Allowing the twenty percent earned income deduction for the ineligible member's countable earned income.
(b) We prorate the ineligible member's expenses by:
(i) Dividing the ineligible member's allowable expenses by the total number of people in the AU;
(ii) Subtracting the ineligible member's share of the expenses; and
(iii) Counting the remaining expenses to the other members of the AU.
[Statutory Authority: RCW 74.08.090 and 74.04.510. 99-16-024, 388-450-0140, 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, 388-450-0140, filed 7/31/98, effective 9/1/98.]