WSR 17-20-095 PROPOSED RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Economic Services Administration) [Filed October 3, 2017, 3:28 p.m.] Original Notice. Preproposal statement of inquiry was filed as WSR 17-16-152. Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-492-0070 How are my WASHCAP food benefits calculated?, in order to decrease the low shelter standard from $235 to $210. Hearing Location(s): On November 7, 2017, at 10:00 a.m., at Office Building 2, Department of Social and Health Services (DSHS) Headquarters, 1115 Washington, Olympia, WA 98504. Public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/sesa/rules-and-policies-assistance-unit/driving-directions-office-bldg-2. Date of Intended Adoption: Not earlier than November 8, 2017. Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, fax 360-664-6185, by 5:00 p.m., November 7, 2017. Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, phone 360-664-6092, fax 360-664-6185, TTY 711 relay service, email Kildaja@dshs.wa.gov, by October 24, 2017. Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing to amend WAC 388-492-0070 in order to decrease the low shelter standard from $235 to $210 to maintain cost neutrality as required by the United States Department of Agriculture, Food and Nutrition Services (FNS) to continue the operation of the WASHCAP demonstration project. Reasons Supporting Proposal: The United States Department of Agriculture, FNS enforces the provisions of the federal Supplemental Nutrition Assistance Program as enacted in the 2008 Food and Nutrition Act and codified in the Code the [of] Federal Regulations. The department will develop amendments to WASHCAP rules that are consistent with the act, federal regulations, and our approved WASHCAP demonstration project waiver while ensuring cost neutrality of the program. Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.500, 74.04.510, 74.08.090, and 7 C.F.R. 282.1. Statute Being Implemented: 7 C.F.R. 282.1.
Rule is necessary because of federal law, 7 C.F.R. 282.1. Name of Proponent: DSHS, governmental. Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Holly St. John, P.O. Box 45470, Olympia, WA, 360-725-4895. A school district fiscal impact statement is not required under RCW 28A.305.135. 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, "this 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 proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.061 because this rule making is being adopted solely to conform and/or comply with federal statute or regulations. Citation of the specific federal statute or regulation and description of the consequences to the state if the rule is not adopted: 7 C.F.R. 282.1. (If the proposed rule is not adopted the state will be out of compliance with federal regulations.)
Is exempt under RCW 19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party. September 29, 2017 Katherine I. Vasquez Rules Coordinator
AMENDATORY SECTION (Amending WSR 17-13-019, filed 6/12/17, effective 7/13/17)
WAC 388-492-0070 How are my WASHCAP food benefits calculated?
We calculate your Washington state combined application project (WASHCAP) food benefits as follows:
(1) We begin with your gross income.
(2) We subtract the current standard deduction for one person under WAC 388-450-0185 from your gross income to get your countable income.
(3) We figure your shelter cost based on information we receive from the Social Security Administration (SSA) unless you report a change as described under WAC 388-492-0080.
(a) If you pay three hundred twenty dollars or more a month for shelter, we use four hundred twenty-five dollars as your shelter cost.
(b) If you pay less than three hundred twenty dollars a month for shelter, we use two hundred ((and thirty-five)) ten dollars as your shelter cost.
(c) We add the current standard utility allowance under WAC 388-450-0195 to the shelter cost we use under either (a) or (b) of this subsection to determine your total shelter cost.
(4) We figure your shelter deduction by subtracting one half of your countable income from your total shelter cost under subsection (3)(c) of this section.
(5) We figure your net income by subtracting your shelter deduction from your countable income and rounding the resulting figure up from fifty cents and down from forty-nine cents to the nearest whole dollar.
(6) We figure your WASHCAP food benefits (allotment) by:
(a) Multiplying your net income by thirty percent and rounding up to the next whole dollar; and
(b) Subtracting the result from the maximum allotment under WAC 388-478-0060.
(7) If you are eligible for WASHCAP, you will get at least the minimum monthly benefit for basic food under WAC 388-412-0015.
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