WSR 17-16-130 EMERGENCY RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Community Services Division) [Filed July 31, 2017, 4:27 p.m., effective July 31, 2017, 4:27 p.m.] Effective Date of Rule: Immediately upon filing.
Purpose: The department is proposing to amend WAC 388-493-0010 Working family support, to:
These amendments are needed based on proviso language in the 2017-2019 operating budget (SSB 5883).
This emergency rule filing cancels and supersedes the emergency rule filed under WSR 17-14-089.
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; and 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 2017-2019 operating budget (SSB 5883) states that the department shall adopt rules to take effect July 31, 2017, to limit the working family support program at ten thousand households. State law requires immediate adoption of the household limit, therefore requiring an emergency rule filing to update the language in WAC 388-493-0010 Working family support.
Extending the working family support end date to June 30, 2019, is necessary for the general welfare to continue accessing the additional food benefit.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: July 31, 2017.
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 17-07-012, filed 3/6/17, effective 4/6/17)
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 June 30, ((2017)) 2019 to low income families who meet specific criteria. Continuance of the program beyond June 30, ((2017)) 2019 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)) may be 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.
(7) Enrollment in the working family support program is limited to ten thousand households per month.
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