Date of Adoption: August 30, 2001.

Purpose: Implement changes to maximum benefit amounts, gross income limits, net income limits, maximum shelter deductions, utility allowances, and the 165% of poverty level for food assistance programs.

Citation of Existing Rules Affected by this Order: Amending 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?

Statutory Authority for Adoption: RCW 74.04.057, 74.04.500, 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: The United States Department of Agriculture, Food and Nutrition Service (FNS) requires states to update maximum benefit amounts, gross income limits, net income limits, maximum shelter deductions, utility allowances, and the 165% of poverty level on an annual basis.

On August 8, 2001, the department received FNS Administrative Notice 01-54. The notice set the new maximum benefit amounts, gross income limits, net income limits, maximum shelter deduction, and the 165% of poverty level for food assistance programs. FNS requires the department to make these changes effective October 1, 2001.

On August 7, 2001, the department notified FNS of the utility standards the department will use for fiscal year 2001. This update of standards and notification to FNS is required under 7 C.F.R. 273.9 (d)(6)(iii)(B). These changes take effect on October 1, 2001.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 3, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 3, Repealed 0.
Effective Date of Rule: October 1, 2001.

August 30, 2001

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

(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.]

(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.]

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