WSR 17-03-081 EMERGENCY RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Economic Services Administration) [Filed January 12, 2017, 11:31 a.m., effective January 27, 2017] Effective Date of Rule: January 27, 2017.
Purpose: The department is amending WAC 388-493-0010 Working family support, to extend the effective dates for the working family support program. This is an extension to the emergency rule filed as WSR 16-20-038 that expires on January 26, 2017. The CR-101 was filed as WSR 16-21-072 on October 28, 2016, after the original CR-103E was filed, and the department filed the CR-102 as WSR 17-03-051 on January 9, 2017. The department will hold the public hearing on February 21, 2017, and plans to adopt the permanent rule on March 23, 2017.
Citation of Existing Rules Affected by this Order: Amending WAC 388-493-0010.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: Current language in WAC 388-493-0010 Working family support, supports the program through September 30, 2016. This date has been extended to June 30, 2017. Language needs to be updated to reflect the extension in order to continue providing additional food assistance to qualifying low-income families. This is an extension to the emergency rule filed as WSR 16-20-038 that expires on January 26, 2017. The CR-101 was filed as WSR 16-21-072 on October 28, 2016, after the original CR-103E was filed, and the department filed the CR-102 as WSR 17-03-051 on January 9, 2017. The department will hold the public hearing on February 21, 2017, and plans to adopt the permanent rule on March 23, 2017.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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.
Date Adopted: January 10, 2017.
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 16-08-034, filed 3/30/16, effective 5/1/16)
WAC 388-493-0010 Working family support.
(1) What is the working family support (WFS) program?
The working family support program is administered by the department of social and health services (Department) and provides an additional monthly food benefit from May 2016 through ((September 2016)) June 30, 2017 to low income families who meet specific criteria. Continuance of the program beyond ((September 30, 2016)) June 30, 2017 is contingent on specific legislative funding for the working family support program.
(2) The following definitions apply to this program:
(a) "Co-parent" means another adult in your home that is related to your qualifying child through birth or adoption.
(b) "Qualifying child" means a child under the age of eighteen who is:
(i) Your child through birth or adoption; or
(ii) Your step child.
(c) "Work" means subsidized or unsubsidized employment or self-employment. To determine self-employment hours, we divide your net self-employment income by the federal minimum wage.
(3) Who is eligible for the working family support program?
You are eligible for working family support food assistance if you meet all of the following:
(a) You receive food assistance through basic food, food assistance program for legal immigrants (FAP), or transitional food assistance (TFA);
(b) Receipt of working family support food assistance would not cause your countable food assistance income to exceed the two hundred percent federal poverty level (FPL);
(c) No one in your food assistance unit receives temporary assistance for needy families (TANF) or state family assistance (SFA);
(d) A qualifying child lives in your home;
(e) You, your spouse, or co-parent, work a minimum of thirty five hours a week, and if you live with your spouse or co-parent, you must be in the same assistance unit;
(f) You provide proof of the number of hours worked; and
(g) You reside in Washington state per WAC 388-468-0005.
(4) How can I apply for working family support?
(a) The department will review your eligibility for the working family support program:
(i) When you apply for food assistance, or
(ii) At the time of your food assistance eligibility review.
(b) You may request the working family support benefit in person, in writing, or by phone at any time.
(5) How long can I receive working family support?
(a) You may recertify up to an additional six months for working family support if you meet the criteria listed above and provide current proof that you, your spouse, or co-parent works a minimum of thirty five hours a week.
(b) Working family support certification ends when:
(i) You complete either a certification or mid-certification review for food assistance under WAC 388-434-0010 or WAC 388-418-0011, and you do not provide proof of the number of hours that you, your spouse, or your co-parent work;
(ii) You no longer receive basic food, FAP, or TFA;
(iii) You receive TANF or SFA;
(iv) You do not have a qualifying child in your home;
(v) You, your spouse, or co-parent, no longer work a minimum of thirty five hours a week; or
(vi) You are no longer a resident of Washington state.
(6) What benefits will I receive if I am eligible for the working family support program?
(a) The assistance unit will receive a separate ten dollars monthly food assistance benefit each month.
(b) Working family support benefits are not prorated.
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