Original Notice.

     Preproposal statement of inquiry was filed as WSR 10-19-135.

     Title of Rule and Other Identifying Information: The department is amending WAC 388-400-0040 Am I eligible for benefits through the Washington Basic Food program?, 388-424-0020 How does my alien status impact my eligibility for the federally funded Washington Basic Food program benefits?, and 388-489-0025 Can my transitional food assistance benefits end before the end of my five-month transition period?

     The department is repealing WAC 388-400-0045 If I am not eligible for federal benefits through the Washington Basic Food program because of my alien status, can I receive state-funded Basic Food? and 388-424-0025 How does my alien status impact my eligibility for state-funded benefits under the Washington Basic Food program?

     Hearing Location(s): Office Building 2, Auditorium, DSHS Headquarters, 1115 Washington Street S.E., Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at http://www.dshs.wa.gov/msa/rpau/RPAU-OB-2directions.html or by calling (360) 664-6094), on December 21, 2010, at 10:00 a.m.

     Date of Intended Adoption: Not earlier than December 22, 2010.

     Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 1115 Washington Street S.E., Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on December 21, 2010.

     Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by December 7, 2010, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at johnsjl4@dshs.wa.gov.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The amendments and repealers will eliminate the food assistance program for legal immigrants (FAP).

     Reasons Supporting Proposal: The governor mandated a 6.3 percent across-the-board reduction to general fund-state budget appropriations due to declining state revenue. These changes are needed to reduce general fund expenditures on DSHS programs to stay within budget limits.

     Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.500, 74.04.510, 74.08.090, and 74.08A.120.

     Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.500, 74.04.510, 74.08.090, and 74.08A.120.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Department of social and health services, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: John Camp, P.O. Box 45470, Olympia, WA 98504-5470, (360) 725-4616.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules do not have an economic impact on small businesses.

     A cost-benefit analysis is not required under RCW 34.05.328. 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."

November 9, 2010

Katherine I. Vasquez

Rules Coordinator

     (1) When you apply for Basic Food, we decide who is in your assistance unit (AU) based on the requirements under WAC 388-408-0034 and 388-408-0035.

     (2) To be eligible for Basic Food benefits, your AU must meet the eligibility requirements ((of)) for the federal supplemental nutrition assistance program (SNAP) including:

     (a) The most current version of the Food and Nutrition Act of 2008;

     (b) Federal regulations adopted by the U.S. Department of Agriculture, Food and Nutrition Services (FNS) related to ((the supplemental nutrition assistance program ())SNAP(())); and

     (c) Standards FNS publishes each year for income limits, resource limits, income deductions, and benefit amounts for SNAP.

     (3) ((To be eligible for federal Basic Food benefits, each AU member must meet the citizenship or alien status requirements for federal benefits as described under WAC 388-424-0020.

     (4) An AU member who is not eligible for federal benefits may be eligible for state-funded Basic Food benefits if they meet the requirements described under WAC 388-400-0045.

     (5))) To be eligible for ((federal or state)) Basic Food benefits, each AU member must:

     (a) Meet the citizenship or alien status requirements for Basic Food benefits as described under WAC 388-424-0020.

     (b) Be a resident of the state of Washington as required under WAC 388-468-0005;

     (((b) Meet the citizenship or alien status requirements of either WAC 388-424-0020 or 388-424-0025;))

     (c) Give us their Social Security number as required under WAC 388-476-0005;

     (d) Give us proof of identity as required under WAC 388-490-0005;

     (e) Participate in the Basic Food employment and training program (BFE&T) if required under chapter 388-444 WAC; and

     (f) Meet the eligibility criteria for strikers as described under WAC 388-480-0001.

     (((6))) (4) To be eligible for Basic Food, your AU must:

     (a) Have total monthly income before taxes and deductions at or under the gross monthly income standard under WAC 388-478-0060. We don't use income that isn't counted under WAC 388-450-0015 as part of your AU's gross monthly income;

     (b) Have net income at or under the net monthly income standard under WAC 388-478-0060. We subtract deductions allowed under WAC 388-450-0185 to determine your AU's net monthly income.

     (c) Have resources we must count under WAC 388-470-0055 that are at or below your AU's resource limit under WAC 388-470-0005;

     (d) Report changes of circumstances as required under WAC 388-418-0005; and

     (e) Complete a mid-certification review and provide proof of any changes if required under WAC 388-418-0011.

     (((7))) (5) If your AU is categorically eligible for Basic Food under WAC 388-414-0001, your AU can have income over the gross or net income standard, and have resources over the resource limit and still be eligible for benefits.

     (((8))) (6) If your AU has income at or under the gross income standard or is categorically eligible for Basic Food, we determine if you are eligible for Basic Food and calculate your monthly benefits as described under WAC 388-450-0162.

     (((9))) (7) If an eligible person in your AU is elderly or disabled, some rules may help your AU to be eligible for Basic Food or to receive more Basic Food benefits. These include:

     (a) Resources limits and excluding certain resources under chapter 388-470 WAC;

     (b) An excess shelter deduction over the limit set for AUs without an elderly or disabled individual under WAC 388-450-0190;

     (c) A deduction for a portion of the out-of-pocket medical expenses for the elderly or disabled individual ((if they are over thirty-five dollars a month)) as described under WAC 388-450-0200; and

     (d) Being exempt from the gross monthly income standard under WAC 388-478-0060.

     (((10))) (8) For Basic Food, elderly means a person who is age sixty or older;

     (((11))) (9) For Basic Food, disabled means a person who:

     (a) Receives SSI;

     (b) Receives disability payments or blindness payments under Title I, II, XIV, or XVI of the Social Security Act;

     (c) Receives disability retirement benefits from a state, local or federal government agency because of a disability considered permanent under section 221(i) of the Social Security Act;

     (d) Receives disability benefits from the Railroad Retirement Act under sections 2 (a)(1)(iv) and (v) and:

     (i) Meets Title XIX disability requirements; or

     (ii) Is eligible for medicare.

     (e) Receives disability-related medical assistance under Title XIX of the Social Security Act;

     (f) Is a veteran and receives disability payments based on one hundred percent disability;

     (g) Is a spouse of a veteran and:

     (i) Either needs an attendant or is permanently housebound; or

     (ii) Has a disability under section 221(i) of the Social Security Act and is eligible for death or pension payments under Title 38 of the USC.

     (((12))) (10) If a person in your household attends an institution of higher education and does not meet the requirements to be an eligible student under WAC 388-482-0005, we do not count this person as a member of your AU under WAC 388-408-0035.

     (((13))) (11) If your AU currently receives food benefits under WASHCAP or lives on or near an Indian reservation and receives benefits from a tribal food distribution program approved by ((Food and Nutrition Service ())FNS(())), your AU is not eligible for food assistance benefits through the Washington Basic Food program.

     (((14))) (12) If a person in your AU is ineligible for any of the following reasons, we count the ineligible person's income as described under WAC 388-450-0140:

     (a) Able-bodied adults without dependents who are no longer eligible under WAC 388-444-0030;

     (b) Persons fleeing a felony prosecution, conviction, or confinement under WAC 388-442-0010;

     (c) Persons who do not attest to citizenship or alien status as defined in WAC 388-424-0001;

     (d) Persons who are ineligible aliens under WAC 388-424-0020;

     (e) Persons disqualified for an intentional program violation under WAC 388-446-0015;

     (f) Persons who do not provide a Social Security number when required under WAC 388-476-0005; or

     (g) Persons who failed to meet work requirements under chapter 388-444 WAC.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090, 74.08A.120, and Food and Nutrition Act of 2008, Title 7 Part 273 of the C.F.R. 09-07-054, § 388-400-0040, filed 3/11/09, effective 4/11/09. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090. 06-13-043, § 388-400-0040, filed 6/15/06, effective 7/17/06. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 2004 c 54. 04-21-025, § 388-400-0040, filed 10/13/04, effective 11/13/04. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. 04-15-057, § 388-400-0040, filed 7/13/04, effective 8/13/04. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 2004 c 54. 04-14-040, § 388-400-0040, filed 6/29/04, effective 7/30/04. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, and 74.04.510. 03-05-028, § 388-400-0040, filed 2/10/03, effective 4/1/03. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-400-0040, filed 7/31/98, effective 9/1/98.]

     (2) If you are not a U.S. citizen or U.S. national, you must fall within (a) or (b) of this subsection, and meet all other eligibility requirements, in order to receive ((federal)) Basic Food benefits:

     (a) You are a member of one of the following groups of (("qualified aliens" or similarly defined)) lawful immigrants as defined in WAC 388-424-0001:

     (i) Amerasian;

     (ii) Asylee;

     (iii) Cuban or Haitian entrant;

     (iv) Deportation or removal withheld;

     (v) Refugee;

     (vi) Special immigrant from Iraq or Afghanistan;

     (vii) Victim of trafficking;

     (viii) Noncitizen American Indian; or

     (ix) Hmong or Highland Lao tribal member.

     (b)(i) You are a member of one of the following groups of qualified aliens as defined in WAC 388-424-0001:

     (A) Conditional entrant;

     (B) Lawful permanent resident (LPR);

     (C) Paroled for one year or more; or

     (D) ((Victim of domestic violence)) Abused spouse or child or parent or child of ((a victim)) an abused spouse or child.

     (ii) And, one of the following also applies to you:

     (A) You have worked or can get credit for forty Social Security Administration (SSA) work quarters - as described in WAC 388-424-0008;

     (B) 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, as described in WAC ((388-424-0007(1))) 388-424-0007;

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

     (D) You have lived in the U.S. as a "qualified alien" as described in WAC 388-424-0001 for at least five years;

     (E) You are under age eighteen; or

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

     (((3) If you are ineligible for federal Basic Food benefits due to your alien status, you may be eligible for state Basic Food benefits (see WAC 388-424-0025).))

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, 74.08A.020, and Sec. 8120 of Pub. L 111-118 (DOD appropriations law); USDA Food and Nutrition Service federal guidance from January 29, 2010; U.S. DHHS Administration for Children and Families, Office of Family Assistance federal guidance letter No. TANF-ACF-PI-2010-05 issued on June 16, 2010. 10-15-045, § 388-424-0020, filed 7/13/10, effective 7/27/10. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, 74.08A.320, Pub. L. No. 110-181, National Defense Authorization Act for Fiscal Year 2008, Pub. L. No. 111-08, the Omnibus Appropriations Act of 2009, Division F, Title VI, Section 602; Office of Refugee Resettlement State Letter 09-17 from April 9, 2009; and federal guidance issued on May 15, 2009, by the Food and Nutrition Service, United States Department of Agriculture. 09-21-046, § 388-424-0020, filed 10/14/09, effective 11/4/09. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08A.320, 74.08.090, and Public Law 110-161 Section 525; Public Law 110-181 Section 1244; FNS Admin Notice 08-17; State Letter 04-12 from the Office of Refugee Resettlement. 08-14-116, § 388-424-0020, filed 6/30/08, effective 8/1/08. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. 04-15-004, § 388-424-0020, filed 7/7/04, effective 8/7/04. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, and 74.04.510. 03-05-029, § 388-424-0020, filed 2/10/03, effective 4/1/03. 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) Someone who gets transitional food assistance with you applies and is approved for temporary assistance for needy families while still living in your home. You may reapply to have your eligibility for Basic Food determined;

     (2) We learn that you and your ((family)) household are no longer residing in the state of Washington; or

     (3) All members of your household are ineligible to get Basic Food for any of the following reasons:

     (a) Refusal to cooperate with quality assurance (WAC 388-464-0001);

     (b) Transfer of property to qualify for Basic Food assistance (WAC 388-488-0010);

     (c) Intentional program violation (WAC 388-466-0015 and 388-446-0020);

     (d) Fleeing felon or violating a condition of probation or parole (WAC 388-442-0010);

     (e) Alien status (WAC 388-424-0020 ((and 388-424-0025)));

     (f) Employment and training requirements (WAC 388-444-0055 and 388-444-0075);

     (g) Work requirements for able-bodied adults without dependents (WAC 388-444-0030);

     (h) Student status (WAC 388-482-0005);

     (i) Living in an institution where residents are not eligible for Basic Food (WAC 388-408-0040); or

     (j) Deceased.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090. 09-01-049, § 388-489-0025, filed 12/10/08, effective 1/10/09. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090, and 74.08A.010. 05-19-060, § 388-489-0025, filed 9/16/05, effective 11/1/05.]

     The following section of the Washington Administrative Code is repealed:

WAC 388-400-0045	If I am not eligible for federal benefits through Washington Basic Food program because of my alien status, can I receive state-funded Basic Food?
WAC 388-424-0025	How does my alien status impact my eligibility for state-funded benefits under the Washington Basic Food program?

© Washington State Code Reviser's Office