Date of Adoption: November 21, 2001.

Purpose: Amend WAC 388-450-0140 to implement federal regulations on the impact of the income and expenses of an ineligible assistance unit member.

Citation of Existing Rules Affected by this Order: Amending WAC 388-450-0140 How does the income of an ineligible assistance unit member affect my eligibility and benefits 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) changed how the department must consider the income and resources of certain ineligible people who live with food assistance clients. The change in rules was incorporated into the United States Code of Federal Regulations. The changes in this filing are to implement the new requirements.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 1, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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

November 21, 2001

Andy Fernando

for Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

(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) If the AU is eligible for a utility allowance under WAC 388-450-0195, we include the ineligible member to determine the allowance. This includes using the ineligible member to determine the standard utility allowance (SUA).

(c) We prorate the ineligible member's expenses other than utilities 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)) income of the ineligible person among all the AU members by excluding the ineligible member's share and counting the remainder as income to the eligible members;

(b) We allow the twenty percent earned income disregard to the ineligible member's earned income we count to the eligible members; and

(c) We divide the portion of the AU's allowable expenses evenly among all members of the AU when the ineligible members have income.

[Statutory Authority: RCW 74.04.057, 74.04.500, 74.04.510. 01-21-060, 388-450-0140, filed 10/16/01, effective 12/1/01. 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.]

Washington State Code Reviser's Office