Original Notice.

     Preproposal statement of inquiry was filed as WSR 02-20-057 on September 27, 2002.

     Title of Rule: WAC 388-424-0020 How does my alien status impact my eligibility for the federal food stamp program? and 388-424-0025 Citizenship and alien status -- Eligibility requirements for the food assistance program for legal immigrants.

     Purpose: The Division of Employment and Assistance Programs is amending the rules to implement changes in the Washington basic food program (basic food) to reflect expanded immigrant eligibility for the federal food stamp program mandated by the Farm Security and Rural Investment Act of 2002.

     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: This rule explains which sponsored immigrants are exempt from the requirements to count a portion of their sponsor's income and resources when determining their eligibility and benefits.

     Reasons Supporting Proposal: With passage of the Farm Security and Rural Investment Act of 2002, federal benefits are restored to immigrants who are considered qualified aliens and are either under age eighteen or have been qualified aliens in the United States for five years. These changes require the department to make changes to immigrant eligibility for state-funded and federally-funded basic food.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: John Camp, 1009 College S.E., Lacey, WA 98504, (360) 413-3232.

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

     Rule is necessary because of federal law, Farm Security and Rural Investment Act of 2002, Public Law 107-171, Section 4401.

     Explanation of Rule, its Purpose, and Anticipated Effects: WAC 388-424-0020 How does my alien status impact my eligibility for the federal food stamp program? and 388-424-0025 Citizenship and alien status -- Eligibility requirements for the food assistance program for legal immigrants, see Purpose, Summary, and Reasons Supporting Proposal above.

     Proposal Changes the Following Existing Rules: See Purpose, Summary, and Reasons Supporting Proposal above.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposed rule does not have an economic impact on small businesses. It only affects DSHS clients by modifying immigrant eligibility provisions to the sponsor deeming requirements for food assistance benefits.

     RCW 34.05.328 does not apply to this rule adoption. These amendments are exempt as allowed under RCW 34.05.328 (5)(b)(vii) which states in-part, "[t]his section does not apply to....rules of the department of social and health services relating only to client medical or financial eligibility and rules concerning liability for care of dependents." This rule adopts federal requirements mandated by Public Law 107-171, Section 4401, and United States Department of Agriculture, Food and Nutrition Service Administrative Notice 03-04 regarding immigrant eligibility for federal food stamp benefits.

     Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on February 4, 2003, at 10:00 a.m.

     Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by January 31, 2003, 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, e-mail fernaax@dshs.wa.gov by 5:00 p.m., February 4, 2003.

     Date of Intended Adoption: Not earlier than February 5, 2003.

December 23, 2002

Bonita H. Jacques

for Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

((Column 1))	((Column 2))
((Refugee Asylee Deportation withheld Cuban or Haitian entrant Aliens lawfully admitted for permanent residence (immigrants) Parolee for at least one year Conditional Entrant Battered spouse, battered child, or parent or child of a battered person as defined in WAC 388-424-0005))	((You are eligible for seven years from the date you entered the U.S. or from the date you were granted INS status:)) ((Refugee/Amerasian/Asylee Deportation withheld/Cuban or Haitian entrant If you entered the U.S. under an INS status listed above, you are still eligible for federal food stamps eve if you change your INS status to immigrant during the seven-year period.))
	((You may be eligible for federal benefits without a time limit if you meet any of the following conditions:))
	((1. You are a permanent resident alien and you have worked or can get credit for forty Social Security Administration (SSA) work quarters. 2. You are a honorably discharged veteran, you are in active duty military (other than training), or you are the spouse, or unmarried dependent child of someone who meets this requirement. 3. You are blind or disabled and receive cash or medical benefits based on supplemental Security Income (SSI) disability or blindness criteria. 4. You were legally living in U.S. on August 22, 1996 and: a. You are currently under age eighteen, or b. You were born on or before August 22, 1931.))

     (((2) In addition to the above noncitizens, you may be eligible for federal food stamp benefits if you legally live in the U.S. and are a member of one of the following groups:

     (a) Hmong or Highland Laotian tribe members (including the tribal member's spouse and dependent children) when tribe assisted the U.S. during the Vietnam era beginning August 5, 1964 and ending May 7, 1975;

     (b) Canadian born American Indians who are fifty percent American Indian blood; and

     (c) American Indians who are noncitizens and members of an Indian tribe as defined in section 4(e) of the Indian Self-Determination and Education Assistance Act.

     (3) If you are a lawful permanent resident, you can receive credit for SSA work quarters by:

     (a) Earning enough money to qualify for work quarters;

     (b) Getting credit for quarters earned by a parent or step-parent while you are under eighteen; or

     (c) Getting credit for quarters earned by a spouse while you are married if you are still married to them or they are deceased.

     (4) You cannot receive credit for a SSA work quarter after January 1, 1997 if you received TANF, nonemergency Medicaid, or food stamp benefits during the quarter.

     (5) If you apply for TANF, nonemergency Medicaid, or food stamp benefits during your fortieth quarter and you earned enough money to qualify for the quarter before you applied for benefits, you get credit for that quarter.

     (6)))

     (a) You are a member of one of the following groups of qualified aliens (as defined in WAC 388-424-0005): A refugee, or an asylee, or a victim of trafficking, or have deportation/removal withheld, or are a Cuban or Haitian entrant; or are a qualified alien (as defined in WAC 388-424-0005) and Amerasian;

     (b) You are a lawful permanent resident, or paroled for one year or more, or a conditional entrant, or a victim of domestic violence or parent or child of a victim (as defined in WAC 388-424-0005), and one of the following also apply to you:

     (i) You have worked or can get credit for forty Social Security Administration (SSA) work quarters - see subsections (2) through (5) below;

     (ii) You are an active duty personnel or honorably discharged veteran of the U.S. military or you are the spouse, unmarried surviving spouse, or unmarried dependent child of someone who meets this requirement;

     (iii) You receive cash or medical benefits based on Supplemental Security Income (SSI) criteria for blindness or disability;

     (iv) You have lived in the U.S. as a "qualified" alien as described in WAC 388-424-0005 for at least five years;

     (v) You are under age eighteen;

     (vi) You were lawfully residing in the U.S. on August 22, 1996 and were born on or before August 22, 1931.

     (c) You are not in one of the groups listed under (a) or (b) of this subsection but belong to one of the following groups:

     (i) You are legally residing in the U.S. and are a Hmong or Highland Laotian tribal members (including the tribal members' spouse and dependent children) when the tribe assisted U.S. personnel by taking part in a military or rescue operation during the Vietnam era beginning August 5, 1964, and ending May 7, 1975; or

     (ii) Canadian born American Indians who are fifty percent American Indian blood; or

     (iii) American Indians who are noncitizens and members of an Indian tribe as defined in section 4(e) of the Indian Self-Determination and Education Assistance Act.

     (2) For those immigrants who must have credit for forty SSA work quarters to receive Basic Food benefits, you can receive credit for SSA work quarters, earned only in the U.S., by:

     (a) Earning enough money to qualify for work quarters;

     (b) Getting credit for quarters earned by a parent or step-parent while you are under age eighteen including before you were born; or

     (c) Getting credit for quarters earned by your spouse while you are married if you are still married to them or they are deceased.

     (3) You cannot receive credit for a SSA work quarter after January 1, 1997 if you received TANF, nonemergency Medicaid, food stamps, or federal Basic Food benefits during the quarter.

     (4) If you apply for TANF, nonemergency Medicaid, or Basic Food benefits during your fortieth quarter and you earned enough money to qualify for the quarter before you applied for benefits, you get credit for that quarter.

     (5) You can get ((federal)) federally-funded Basic Food ((stamp)) benefits for up to six months while we wait for verification of your eligibility if you or the department:

     (a) Asked SSA for proof of your work quarters, SSA responded that you have less than forty quarters, and you provide proof that SSA is making an investigation to decide if they can credit you with more quarters; or

     (b) Turned in a request to a federal agency for proof that you meet immigrant eligibility requirements for ((federal)) federally-funded Basic Food ((stamp)) benefits. If you requested this proof, you must provide proof that the agency has accepted this request.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and H.R. 2646 Farm Security and Rural Investment Act of 2002. 02-22-046, § 388-424-0020, filed 10/30/02, effective 12/1/02. Statutory Authority: RCW 74.04.510, S. 1150, the Agricultural Research, Extension, and Education Reform Act of 1998. 99-01-058, § 388-424-0020, filed 12/11/98, effective 1/11/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-424-0020, filed 7/31/98, effective 9/1/98. Formerly WAC 388-518-1805.]

     (1) A qualified alien, as defined in WAC 388-424-0005, who ((cannot receive federal food stamps because of)) does not meet the eligibility ((restrictions described in)) requirements under WAC 388-424-0020 to receive federally-funded Basic Food benefits; or

     (2) An alien who does not meet the definition of a qualified alien as defined in WAC 388-424-0005 but who is:

     (a) Allowed to enter the U.S. for permanent residence by permission of the U.S. Attorney General under section 249 of the Immigration and Nationality Act (INA); or

     (b) Admitted for temporary residence under section 245A of the INA and is aged, blind, or disabled as described in Title XVI of the Social Security Act; or

     (c) Granted temporary resident status by the Immigration and Naturalization Service (INS) as a special agricultural worker under section 210 of the INA; or

     (d) Granted Family Unity status by the INS and the alien's spouse or parent is eligible to ((participate in FAP or the federal food stamp program)) receive federal- or state-funded Basic Food benefits; or

     (e) Permanently Residing Under Color of Law (PRUCOL) in the United States as defined in WAC 388-424-0005(4).

[Statutory Authority: RCW 74.08A.120. 00-13-036, § 388-424-0025, filed 6/13/00, effective 7/14/00. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-424-0025, filed 7/31/98, effective 9/1/98. Formerly WAC 388-518-1805.]

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