Original Notice.

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

     Title of Rule: WAC 388-450-0140 How does the income of an ineligible assistance unit member affect my eligibility and benefits for food assistance?

     Purpose: Amend WAC 388-450-0140 to implement federal requirements on how the department treats the income and expenses for certain persons who are ineligible for food assistance benefits.

     Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510.

     Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510.

     Summary: WAC 388-450-0140 Explains how the income and expenses of people who are ineligible for food assistance can impact the eligibility and benefits of people who must be in the same food assistance unit under WAC 388-408-0035. The amount of income and expenses that the department considers as available to the eligible members varies based on the reason the person is ineligible for food assistance.

     Reasons Supporting Proposal: Federal regulations require the department to count a certain amount of the income and expenses of certain ineligible household members.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: John Camp, Division of Employment and Assistance Programs, P.O. Box 45480, Olympia, WA 98504-5480, (360) 413-3232.

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

     Rule is necessary because of federal law, 7 C.F.R. 273.11 (c) 1 and 2.

     Explanation of Rule, its Purpose, and Anticipated Effects: WAC 388-450-0140 Explains how the income and expenses of people who are ineligible for food assistance can impact the eligibility and benefits of people who must be in the same food assistance unit under WAC 388-408-0035.

     Proposal Changes the Following Existing Rules: This proposal implements the federal requirement to count the income of an ineligible household member to the eligible members based on the reason the person is ineligible for food assistance.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The changes as a result of these rules do not affect small businesses.

     RCW 34.05.328 applies to this rule adoption. These rules do not meet the definition of a significant legislative rule per RCW 34.05.328 (5)(b)(vii).

     Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on February 26, 2002, at 10:00 a.m.

     Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by February 22, 2002, phone (360) 664-6094, TTY (360) 664-6178, e-mail FernAX@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 5:00 p.m., February 26, 2002.

     Date of Intended Adoption: No earlier than February 27, 2001 [2002].

January 3, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

     (1) We do not count the ineligible member(s) 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)) an 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)) an AU member is ((ineligible because they are)) an ineligible ABAWD under WAC 388-444-0030, is ineligible due to their alien status, ((they)) failed to sign the application to state their citizenship or alien status, or ((they refuse)) refused 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)) We allow the twenty percent earned income disregard for the ineligible member's earned income;

     (b) We prorate the remaining income of the ineligible member among all the AU members by excluding the ineligible member's share and counting the remainder to the eligible members; and

     (c) We divide the ineligible member's allowable expenses evenly among all members of the AU when the ineligible member has 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.]

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