WAC 388-450-0162 How does the department count my income to determine if my assistance unit is eligible and calculate the amount of my cash and Basic Food benefits?
1.Countable income is all income your assistance unit has after we subtract the following:
2.Countable income includes all income that we must deem or allocate from financially responsible persons who are not members of your assistance unit under WAC 388-450-0095 through 388-450-0160.
b.You are not eligible for benefits when your assistance unit's countable income is equal to or greater than the payment standard plus any authorized additional requirements.
c.Your benefit level is the payment standard and authorized additional requirements minus your assistance unit's countable income.
4.For Basic Food:
a.We compare your countable income to the monthly gross and net income standards under WAC 388-478-0060:
i.If your assistance unit is categorically eligible for Basic Food under WAC 388-414-0001, your assistance unit can have income over the gross or net income standard and still be eligible for benefits.
ii.All other assistance units must have income at or below the gross and net income standards as required under WAC 388-478-0060 to be eligible for benefits.
b.Your benefit level is the maximum allotment in WAC 388-478-0060 minus thirty percent of your countable income.
We reduce the cash or Basic Food benefit amount by any sanction penalties or overpayment deductions before issuing a benefit.
We allow child support payments as a deduction when the payment is for a period of time that the child was out of the home. This means that we can allow a deduction for a child support payment made for when the child was living in another home even if the child currently lives with the parent paying the support.
EXAMPLE
Father and son live together and receive Basic Food. The father pays $100 monthly child support to cover a period of time when his son lived with his son’s mother. We allow the $100 monthly child support payment as a deduction for Basic Food because it covers a period of time his son wasn’t in the AU.
For information on how the cash benefit amount is calculated for the first month of eligibility, see WAC 388-450-0225.
For cash assistance, when an AU contains eight or more people we calculate the benefit level by subtracting the countable income from the appropriate payment standard. The grant payment cannot exceed the maximum payment of $1075. See WAC 388-478-0020 for cash assistance payment standards.
EXAMPLE
Nine-person TANF AU with countable income of $75.
Payment standard
$1215
Less net countable income
-75
Benefit level
$1140
Grant Payment
$1107 (maximum payment)
WAC 388-450-0165
WAC 388-450-0165
Effective March 8, 2004
WAC 388-450-0165 Gross earned income limit for TANF / SFA.
When applying the gross earned income limit as required under WAC 388-478-0035:
"Family" means:
All adults and children who would otherwise be included in the assistance unit under WAC 388-408-0015, but who do not meet TANF / SFA eligibility requirements;
The unborn child of a woman in her third trimester of pregnancy; and
The husband of a woman in her third trimester of pregnancy, when residing together.
"Gross earned income" does not include excluded income, as provided in WAC 388-450-0015.
The following amounts are disregarded when determining a family's gross earned income:
Court or administratively ordered current or back support paid to meet the needs of legal dependents, up to:
The amount actually paid; or
A one-person need standard for each legal dependent.
Authorized ongoing additional requirement payment as defined in chapter 388-473 WAC .
To find the gross earned income limit for TANF/SFA, see WAC 388-478-0035, Maximum earned income limits for TANF and SFA.
WAC 388-450-0170
WAC 388-450-0170
Effective February 15, 2004
WAC 388-450-0170 TANF / SFA earned income incentive and deduction.
This section applies to TANF / SFA, RCA, and medical programs for children, pregnant women and families except as specified under WAC 388-450-0210.
If a client works, the department only counts some of the income to determine eligibility and benefit level.
We only count fifty percent of your monthly gross earned income. We do this to encourage you to work.
If you pay for dependent care before we approve your benefits, we subtract the amount you pay for those dependent children or incapacitated adults who get cash assistance with you.
The amount we subtract is:
Prorated according to the date you are eligible for benefits;
Cannot be more than your gross monthly income; and
Cannot exceed the following for each depending child or incapacitated adult:
Dependent Care Maximum Deductions
Hours Worked Per Month
Child Two Years of Age & Under
Child Over Two Years of Age or Incapacitated Adult
0 - 40
$ 50.00
$ 43.75
41 - 80
$ 100.00
$ 87.50
81 - 120
$ 150.00
$131.25
121 or More
$ 200.00
$175.00
In order to get this deduction:
The person providing the care must be someone other than the parent or stepparent of the child or incapacitated adult; and
If a client does not report income timely and we later discover this income, we recalculate the client's benefits as if they had reported timely and determine if there is a benefit error. Clients still receive the 50% earned income incentive.
GAU, GAX and ADATSA clients receive an earned income incentive and work expense deduction as described in WAC 388-450-0175, GA-U earned income incentive and deduction.
When we determine the dependent care maximum deduction, we use a child's age on the first day of the month as the child's age for that month (e.g., If a child turns two on August 15, we consider the child as under two for August and two years of age in September).
WAC 388-450-0175
WAC 388-450-0175
Effective July 1, 2008
WAC 388-450-0175 Does the department offer income deduction for the general assistance program as an incentive for clients to work?
The department gives special deductions to people who receive income from work while receiving general assistance. The deductions apply to general assistance cash benefits only. We allow the following deductions when we determine the amount of your benefits:
We subtract eighty-five dollars plus one half of the remainder of your monthly gross earned income as an incentive to employment.
We also subtract an amount equal to twenty percent of your gross earned income to allow for work expenses.
Someone who is self-employed as described under WAC 388-450-0080 gets either the $100 standard self-employment expense deduction or verified actual costs of self-employment as described under WAC 388-450-0085.
We deduct the self employment costs described above before we apply the GA-U earned income incentive and work expense deduction.
We apply the earned income incentive and work expense deduction to the remaining income from self-employment after applying the $100 standard deduction or verified actual expenses in excess of $100.
EXAMPLE
Doug works at a local bookstore. He earns $300 monthly working part time.
Calculating GAU earned income incentive:
$300
-85
$215
÷ 2
$107.50
+ 85
$192.50
Gross earned income
Subtract first $85
Divide by 2
Add first $85 back
Earned income incentive
Calculating GAU work expense deduction:
$300
x 20%
$60
Gross earned income
Work expense deduction
Calculating countable earned income for GA-U
$300
-192.50
-60.00
$47.50
Gross earned income
Earned income incentive
Work expense deduction
Countable earned income
EXAMPLE
Amber is self-employed as an independent contractor delivering newspapers. Her gross earnings are $500. Her self-employment costs for rubber bands and plastic sleeves total $75 monthly.
Calculating gross earned income from gross self-employment income:
$500
-100
$400
Gross self-employment income
Standard self-employment deduction
Gross earned income
Calculating GAU earned income incentive:
$400
-85
$315
÷ 2
$157.50
+ 85
$242.50
Gross earned income
Subtract first $85
Divide by 2
Add first $85 back
Earned income incentive
Calculating GAU work expense deduction:
$400
x 20%
$80
Gross earned income
Work expense deduction
Calculating countable earned income for GA-U:
$400
-242.50
-80.00
$77.50
Gross earned income
Earned income incentive
Work expense deduction
Countable earned income
WAC 388-450-0185
WAC 388-450-0185
Effective October 1, 2007
WAC 388-450-0185 Does the department count all of my income to determine my eligibility and benefits for Basic Food?
We subtract the following amounts from your assistance unit's (AU's) countable income before we determine your Basic Food benefit amount:
A standard deduction based on the number of people in your AU under WAC 388-408-0035:
Eligible and ineligible AU members
Standard deduction
1
$134
2
$134
3
$134
4
$143
5
$167
6 or more
$191
Twenty percent of your AU's gross earned income (earned income deduction);
Your AU's expected monthly dependent care expense as described below:
The dependent care must be needed for AU member to:
Keep work, look for work, or accept work;
Attend training or education to prepare for employment; or
The Federal government sets the standard deduction each October by comparing 8.31% of the current federal poverty rate for the number of AU members to $134. The standard deduction is the larger of the two figures.
For the standard deduction, we count eligible and ineligible AU members, but we do not count non-members such as ineligible students or someone who lives in the residence but is not an AU member under WAC 388-408-0035.
We allow this deduction before determining the shelter cost deduction.
We limit the deduction to the lesser of the amount paid or legally obligated. We do not allow a deduction for an amount that is voluntarily paid over the legal obligation.
NOTE:
We allow an amount over the monthly support order if it is to repay back child support the client is legally obligated to pay.
We do not allow a deduction for payments that are not legally obligated. Examples of payments that do not qualify for this deduction are voluntary payments and contributions for a child's needs not specified in the court order.
Clients do not have to report changes in the amount of child support they pay. We do not consider failure to pay child support as a change of circumstance. We are required to act on a change if clients report an increase or decrease in child support.
In addition to support paid for children outside the home, we allow the deduction when clients pay support for children now in the AU when the support is:
Legally obligated; and
For a period of time the child was outside the support payer's home.
If someone outside the AU consistently pays the child support obligation, we allow the child support deduction only if the AU member must repay the amount under a bona fide loan agreement.
If a child support order requires the client to make an in-kind child support payment instead of, or in addition to a cash payment, we allow the amount the client pays for this expense as a child support deduction. Examples of these in-kind orders include requirements for the non-custodial parent to pay a portion of child care or medical costs.
EXAMPLE
Client is court ordered to pay child support of $150 and 50% of the childcare expenses for her child who lives with her ex-spouse. The current childcare costs are $200 monthly. We allow the amount the client actually pays under this order as a child support deduction. (Up to $250 monthly in this case.)
We record the dependent care expenses for the AU's incurred or expected dependent care costs. This provides the deduction allowed under WAC 388-450-0185.
When a portion of the client's dependent care expenses are paid by Working Connections Child Care (WCCC) or any other source, the client gets the dependent care deduction for the portion not paid by someone else.
We only record the dependent care expense we expect will not be reimbursed. The system provides the appropriate deduction under WAC 388-450-0185.
Some clients have both subsidized and private-pay child care expenses. Clients can receive the deduction for both, as long as the requirements of WAC 388-450-0185 are met.
Child care expenses for educational purposes:
If we disregard a client's educational benefits under WAC 388-450-0035, we can only allow a deduction for the anticipated child care expense above the amount "earmarked" for dependent care expenses.
We prorate earmarked funds over the period that the clients are intended to use the educational benefits.
EXAMPLE
Client receives $1200.00 Educational Benefits through the Perkins Act for January-March. $400.00 is identified as being for childcare expenses. Client pays $195.00 monthly for the care of her five-year old daughter.
$195.00
Monthly cost of childcare
-133.33
$400 Earmarked expense ÷ 3 months
$61.67
Allowable dependent care deduction
NOTE:
There is no federal definition for "training or education to prepare for employment." This could be a short-term course or a four-year college, as long as it would be reasonable to expect that it would help the client become employed.
Dependent care deduction when the person with income is an ineligible AU member:
If the ineligible member has income and dependent care expense billed to or paid by the ineligible member(s), we determine the deduction by:
Dividing the expenses evenly among all the AU's eligible and ineligible members; and
Assigning the prorated share of such expenses to the eligible members.
WCCC co-payment waived by the provider:
We allow the dependent care deduction for a client's WCCC co-pay even if the provider waives the fee on a regular basis.
The following applies only when a client has been in the facility for more than 30 days.
We allow the following deductions for clients who are paying a part of the cost of their own care:
Standard deduction;
The amount the client pays as a medical cost if treatment is prescribed by a physician; and
The amount the client pays that we do not use as a deduction in (ii) above as a shelter expense up to the shelter maximum.
Clients that do not pay a part of the cost of their own care receive the standard deduction only.
Group living arrangements:
For clients who live in group-homes, we follow normal eligibility procedures other than shelter costs. We determine the shelter costs for clients that pay room and board by deducting the maximum allotment for one person from the amount paid to the home.
Capture all out-of-pocket costs for dependent care expenses
ACES automatically applies the correct limits to the dependent care deduction under WAC 388-450-0185. Record the full out-of-pocket costs to ensure that the appropriate deduction is allowed.
Verifying WCCC Co-Payment
DSHS runs the Working Connections Child Care (WCCC)program. Because of this, any change in the co-payment is "known to the department." Workers must act on all known changes.
If the review for a client's WCCC is pending when you recertify Basic Food benefits, you must determine the dependent care deduction to allow. If you do not authorize the WCCC, contact the WCCC worker to find out the co-payment. If the new co-pay has been determined, use this new amount for the deduction. If the client is expected to continue to receive WCCC but the new co-pay has not been calculated, you must:
Document the conversation with the WCCC worker.
Use the current co-pay as the best estimate for the deduction.
Complete the certification for Basic Food.
When you are informed of the new co-pay, treat the new amount as a change according to CHANGE OF CIRCUMSTANCES rules.
WAC 388-450-0190
WAC 388-450-0190
Effective October 1, 2007
WAC 388-450-0190 How does the department figure my shelter cost income deduction for Basic Food?
The department calculates your shelter cost income deduction as follows:
First, we add up the amounts your assistance unit (AU) must pay each month for shelter. We do not count any overdue amounts, late fees, penalties or mortgage you make ahead of time as an allowable cost. We count the following expenses as an allowable shelter cost in the month the expense is due:
Monthly rent, lease, and mortgage payments;
Property taxes;
Homeowner's association or condo fees;
Homeowner's insurance for the building only;
Utility allowance your AU is eligible for under WAC 388-450-0195;
Out-of-pocket repairs for the home if it was substantially damaged or destroyed due to a natural disaster such as a fire or flood;
Expense of a temporarily unoccupied home because of employment, training away from the home, illness, or abandonment caused by a natural disaster or casualty loss if your:
AU intends to return to the home;
AU has current occupants who are not claiming the shelter costs for Basic Food purposes; and
AU's home is not being leased or rented during your AU's absence.
Second, we subtract all deductions your AU is eligible for under WAC 388-450-0185 (1) through (5) from your AU's gross income. The result is your AU's net income.
Finally, we subtract one-half of your AU's net income from your AU's total shelter costs. The result is your excess shelter costs. Your AU's shelter cost deduction is the excess shelter costs:
Up to a maximum of four hundred thirty one dollars if no one in your AU is elderly or disabled; or
The entire amount if an eligible person in your AU is elderly or disabled, even if the amount is over four hundred thirty one dollars.
We allow the following ongoing and current shelter costs when calculating the shelter deductions for an assistance unit (AU):
We allow monthly rent cost including mandatory lease agreement fees for extra non-food expenses (e.g., cable, furniture, garage, and storage).
We count non-food expenses only when the lease or contract requires the client to pay the fees. For example, if a client's rent includes cable and the cable expense is not optional, then the expense is considered mandatory and is allowable;
We do not count a mandatory fee for daily meals or toiletries as a shelter cost.
We use the cost a client must pay if the rent is paid on time as the rent cost. We do not change the allowable shelter costs due to discounts for early payment or fees for late payment.
For AUs receiving HUD, FHA, or other rental subsidies, we allow only the out-of-pocket rent expense for the AU.
We allow rent paid in advance as an expense for the month the rent is due.
EXAMPLE
Larry receives a severance package of $1,500 from a former employer. Because Larry knows that hours where he works vary by season, he decides to pay his $250.00 rent for September through February in July.
We don't allow the $1,500 at the time Larry prepaid the rent, because the rent is not yet due. We allow the $250 monthly rent expense when each month's rent is due from September through February.
We allow money paid by one AU to another AU living in the same residence for a share of the total rent.
For group home residents who pay a flat fee for room and board, we calculate allowable shelter costs by subtracting the one-person maximum allotment for Basic Food from the amount paid to the home.
AU members that own or are buying a home can use the following home-ownership expenses as a shelter cost:
Payments on first and / or second mortgages (including home equity loans & home equity lines of credit);
Real estate contract payments, loan payments including interest, leading to ownership of the house or mobile home;
Property taxes. When an AU has their property taxes deferred to a later date, we allow only the deductions for the taxes at the point the tax would be due without a deferral. We do not allow taxes as a shelter cost if the taxes have been waived;
State and local assessments;
The entire amount of condo fees;
Mandatory homeowner's association fees;
Structural insurance only. We allow the total cost of structural and furnishings insurance only when the structural insurance cannot be separated from coverage for furniture and belongings;
Cost of home repairs resulting from a natural disaster such as fire or flood. We do not allow costs covered by insurance or other public or private sources; and
Costs for more than one residence in a single month when an AU moves mid-month.
Non-allowable shelter costs:
We do not allow the following:
The unpaid value of shelter a client receives free or at a reduced cost in exchange for work;
In-kind or non-cash payments instead of paying rent (e.g., client purchases $300 worth of household supplies instead of paying $300 to a roommate or landlord.)
Payments on a mortgage in excess of monthly minimum payment (pre-paying mortgage);
Down payments on a mortgage;
Balloon payments on a mortgage;
A payment toward the purchase of a home that is made after the last contract payment for the home;
A payment on a foreclosed home if the client is no longer legally obligated to pay the mortgage.
An HUD add-on to contract rental charges to recover previously undercharged rent;
NOTE:
A landlord statement or receipt may not reflect any add-on expenses to recover previously undercharged rent.
Security or rental deposits;
Pre-payment of future rent in the month rent is prepaid (the expense is allowed in the month the payment is due);
Payments made directly to landlord or mortgage company by non-AU members;
Mandatory fees for meals specified in lease agreements.
Late fees;
Payments on mortgage or rental costs for a previous time period; or
Costs for an unoccupied home unless it is allowed in WAC 388-450-0190.
Shelter expenses that are consistently paid by someone outside the AU. If a parent, friend, or agency pays the client's shelter costs only on occasion, the AU is still eligible for the full shelter expense deduction. HUD or FHA or other subsidies are not allowed as shelter costs.
Shelter deductions above the maximum shelter cost for an AU without an elderly or disabled person or where the only elderly or disabled AU member is an ineligible AU member.
Shared living / roomers:
When an AU owns or is buying a residence and shares the residence with another AU, we consider the AU that owns the home to have a roomer.
A utility allowance if they are paying a portion of the utility costs separate from the rent.
The owner receives the shelter deduction for a utility allowance and either:
The portion of shelter costs not used as a self-employment expense based on number of bedrooms in the residence and the number of bedrooms rented out; or
All expenses the landlord must pay for the housing costs.
EXAMPLE
Landlord rents out one of the three bedrooms. Total cost of mortgage, taxes, and insurance is $900.00 monthly. The owner can use either of the two options below for her expenses.
When clients rent out an area of their home other than a bedroom, we count this area as another bedroom and determine self-employment expenses as in section 1 above.
AUs that rent a residence are considered to have roomers when:
They rent out a portion of the residence to someone outside of the AU; and
The rent they receive is more that the total rent obligation for the AU as shown on the rental agreement or lease.
A utility allowance if paying a portion of the utility costs separate from the rent.
The AU receives the shelter deduction for a utility allowance and either:
The portion of shelter costs not used as a self-employment expense based on number of rooms in the residence and the number of rooms rented out; or
All costs the AU must pay for the housing. See Clarifying Information of WAC 388-450-0195 for information on utilities.
Clients that share a residence are not considered to have roomers if they:
Do not own the residence;
Are not buying the residence; and
Do not charge their roommates an amount above the total rent as shown on the lease.
WAC 388-450-0195
WAC 388-450-0195
Effective October 1, 2007
WAC 388-450-0195 Utility allowances for Basic Food Programs.
For Basic Food, "utilities" include the following:
Heating or cooling fuel;
Electricity or gas;
Water or sewer;
Well or septic tank installation/maintenance;
Garbage/trash collection; and
Telephone service.
The Department uses the amounts below if you have utility costs separate from your rent or mortgage payment. We add your utility allowance to your rent or mortgage payment to determine your total shelter costs. We use total shelter costs to determine your Basic Food benefits.
If you have heating or cooling costs, you get a standard utility allowance (SUA) that depends on your assistance unit's size.
Assistance Unit (AU) Size
Utility Allowance
1
$328
2
$338
3
$348
4
$358
5
$368
6 or more
$378
If your AU does not qualify for the SUA and you have any two utility costs listed above, you get a limited utility allowance (LUA) of two hundred fifty nine dollars.
If your AU has only telephone costs and no other utility costs, you get a telephone utility allowance (TUA) of forty dollars.
The SUA is based on the number of members that are in the Basic Food AU under WAC 388-408-0035. The LUA and TUA do not change based on the number of AU members. (See the Utility Chart.)
How ineligible AU members affect the SUA:
We use everyone who is in the AU under WAC 388-408-0035 to determine the SUA for the AU. This includes ineligible members such as ineligible aliens, clients who refuse to provide a social security number, etc. (See Income WAC 388-450-0140 for how we count the income and expenses of an ineligible AU member.)
We don't use people who are not members of the AU to determine the AU's SUA. This includes ineligible students or someone who doesn't have to be in the AU and they buy and fix food separately.
After determining the correct SUA based on the number of members in the AU, the SUA may be prorated as a part of the AU’s shelter expenses as described under WAC 388-450-0140.
(See Income WAC 388-450-0140 for how we count the income and expenses of an ineligible AU member.)
NOTE:
Even though we use ineligible members to determine the SUA for the AU, an ineligible member cannot receive Basic Food benefits. Make sure to enter any ineligible members on the AU's STAT screen for this to work correctly.
The Standard Utility Allowance (SUA)
How can an AU qualify for SUA?
An AU qualifies for SUA if the AU:
Is responsible to pay out-of-pocket heating or cooling costs separate from rent or mortgage costs;
Receives a LIHEAA (Low Income Home Energy Assistance Act)payment for the AU's current residence from a state or local agency or from an Indian Tribal Organization; or
Lives in public housing, uses a shared utility meter, and is billed only for excess utility expenses.
NOTE:
The utility standards come from an average annual expense. Clients that heat with oil and fill the tank once a year are eligible for the SUA for the entire year, even though they actually pay the bill in one month.
WASHCAP households receive a small LIHEAA payment each year they receive WASCAP benefits. If the household leaves WASHCAP, we must review the household's eligibility for SUA, LUA, TUA, or ZUA based on their current circumstances.
A vendor payment to partially or occasionally cover heating or cooling costs the client is responsible to pay does not affect the client’s eligibility for the SUA. Examples include when the expense is paid through a friend, relative, AREN, or another agency.
What counts as a heating cost? Clients have a heating cost when they are responsible out-of-pocket fuel costs to operate a device used as the primary heat source for the living quarters.
If wood is the primary heat source for the residence, the client must have out-of-pocket costs for the wood fuel. Costs to operate a cooking stove, oven, or indirect costs for gathering wood do not qualify the AU for SUA.
EXAMPLE
A client who buys a cord of firewood or buys pellets for the client's pellet stove would qualify for SUA. A client who buys a chainsaw, gasoline, and a permit to cut firewood does not qualify for SUA if the client has no costs for wood fuel.
If a client is responsible to pay the cost of using a device that delivers heat, but no costs to create the heat, the client does not qualify the AU for SUA.
EXAMPLE
Client has an apartment with steam heat. Heat is brought into the apartment by an electric fan that the client pays for by separate metering. The heat is included in the cost of renting the apartment. This client is not eligible for SUA.
EXAMPLE
Client has an apartment with steam heat. Heat is brought into the apartment by an electric fan that the client pays for by separate metering. The heat is included in the cost of renting the apartment. This client is not eligible for SUA.
Costs to operate any device that is used as the client's primary heat source qualifies the AU for SUA when:
The landlord does not include heating costs in the rent; or
The landlord includes heating costs in the rent, but the heating is unavailable. We consider it to be unavailable if:
The source of heat is not working; or
The client can't use the source of heat for health reasons.
EXAMPLE
Client has oil heat provided by the landlord, but the client is sensitive to oil heat. In this case, we would allow the SUA.
NOTE:
When we allow the SUA for a client that uses a source different than what is standard for the home, we must document that the source is the client's primary heating source. If a heating cost is included in the rent, we must document why this source of heat is not available.
What counts as a cooling cost? Clients have a cooling cost when they are responsible to pay costs to operate an air conditioning system, room air conditioner, or swamp cooler. (Electric fans do not count as air conditioners.)
How do you tell if the cost is separate from rent / mortgage? We consider heating or cooling costs as separate from rent / mortgage when the AU must pay for utilities which are billed separately from the rent or itemized individually:
How do you tell if a client should be given a utility allowance or if utilities are included in the rent?
If all utilities are clearly included in the rent, clients receive the shelter deduction for the rent amount and no utility allowance;
If it is not clear whether all utilities are included with rent, we will need to get sufficient information to determine whether the client:
Pays separately for any utilities;
Has a specific portion of the rent consistently designated to cover utilities;
Pays for excess utility usage; or
Pays rent only
What happens when households in separate residences share a common utility meter? When households in two residences share a utility meter for heating or cooling, each AU can receive a SUA. If the shared utility meters are not for heating or cooling services, each AU can receive a LUA.
EXAMPLE
Landlord doesn't include heating costs in the rent. The client's home heating system is propane, but the client heats the home using electric space heaters because it's more cost effective. In this case, we would allow the SUA.
EXAMPLE
Landlord provides steam heat. Client prefers to heat with electric space heaters. In this case, we don't allow the SUA.
EXAMPLE
Landlord provides heat, but the client uses an additional heat source because the landlord's system doesn't heat well enough. In this case, we don't allow the SUA.
EXAMPLE
Client lives in a trailer and gets electricity (heat source) from an extension cord to a friend's house. The friend gets the bill and charges the client for her share of the bill each month. The client and the friend each qualify for a SUA based on AU size.
NOTE:
See WAC 388-450-0140(2) for information on the SUA or LUA when an ineligible alien or other excluded household members are in the AU.
The Limited Utility Allowance (LUA)
What is required for an AU to be eligible for LUA? To qualify for the LUA, an AU must be responsible to pay any two out-of-pocket utility costs:
Separate from rent or mortgage costs;
That do not qualify the AU for the SUA; and
May include telephone as one of the costs.
What costs qualify a client for the LUA? Any two of the following:
Electricity or gas not used to heat or cool the residence;
Cooking fuel;
Water;
Telephone service:
Garbage/trash collection; or
Sewer, well or septic tank costs.
NOTE:
The utility standards come from an average annual expense. Clients that have their septic tank or well system serviced once a year can have this expense count as one of their two qualifying expenses for the LUA.
What happens when 2 or more AUs share a residence?
An AU qualifies for a SUA even if the AU does not help pay the heat bill as long as someone living in the home is responsible for the primary heat or cooling expense and the AU:
Pays a flat amount for or a fixed percentage of the other person’s bill for heat or any other utility except for phone service; or
Receives a bill for one or more utilities, such as phone or electricity.
NOTE:
If the only utility expense paid by the AU is for the phone, the AU must be responsible for the entire phone bill to qualify for the SUA.
EXAMPLE
In a shared residence, one AU pays for all utilities, except phone service. This includes heating. They do not pay for phone service. The other AU receives the phone bill and pays for phone service. Each AU is eligible for a SUA.
If AUs share a residence and one AU pays for phone service only, the AU does not get a SUA if the AU who pays the heating costs have their own phone line and pay the cost for the line. The AU who pays for phone service only would get a TUA in this instance.
An AU qualifies for a LUA when the AU shares a residence with others who are responsible for at least two utilities, no one in the residence in eligible for a SUA, and the AU:
Pays a flat amount or a fixed percentage for any utility; or
Receives a bill for one or more utilities (e.g., phone service or electricity).
The Telephone Utility Allowance (TUA):
When do clients qualify for the TUA? Clients qualify for the TUA when they:
Do not qualify for the SUA or LUA; and
Incur or expect to incur costs for telephone service.
What happens when more than one AU pays for one phone service?
When more than one AU pays for the telephone service, we allow the telephone standard to the AU whose member's name is on the phone bill. If two or more AU's have members named on the phone bill, we allow the standard to the AU that applies first.
Does a beeper, voice mail, or pager qualify a household for the TUA?
Costs for alternative phone services such as beepers, voice mail, pagers and cellular phones can qualify a household for the TUA. We would not count these costs if the client also had an available phone for which there was no cost to the household.
Does an AU qualify for the TUA if theAUmust pay the phone bill, but they are not listed on the bill?
Clients qualify for the TUA if they can verify that they are responsible for the telephone service. This is true even if they are not named on the bill.
EXAMPLE
Client's phone service was turned off for non-payment. The next time the client tried to get service, the phone company required a $300 deposit. In order to avoid paying the deposit, the bill is in the name of the client's mother. According to verification provided by the client, the client is responsible for paying the phone bill. The client qualifies for the TUA.
Can two AUs in one residence each have a phone service and each qualify for a TUA?
Yes.
WORKER RESPONSIBILITIES
Determine the appropriate utility allowance:
Decide if the AU is eligible for:
The standard utility allowance (SUA);
The limited utility allowance (LUA)
The telephone utility allowance (TUA).
Verify the AU's qualifying utility costs under WAC 388-450-0195 before allowing the deduction.
Deny utility allowance / deductions to AUs:
When all utility costs are included as part of their rent;
Who have a single, non-heating/cooling, non-telephone expense.
Redetermine if an AU qualifies fortheSUA, LUA or TUA:
At recertification, including when a household who received WASHCAP benefits is now applying for Basic Food;
When an AU changes residences; and
When the client reports the beginning or end of heating and/ or cooling costs. For example: The client has been using free wood for heating and now reports that they bought heating oil during the certification period.
NOTE:
To determine that a household is eligible for the SUA based on getting a LIHEAA benefit, we must be able to reasonably expect that the household will receive the benefit.
·If the household has received this benefit previously, and they have not moved or had another significant change in circumstances, we can expect that their LIHEAA eligibility has not changed.
·If someone received LIHEAA based on receiving WASHCAP benefits and they no longer get WASHCAP, we must redetermine their eligibility for SUA, LUA, TUA, or ZUA based on their current circumstances.
WAC 388-450-0200 Will the medical expenses of elderly persons or individuals with disabilities in my assistance unit be used as an income deduction for Basic Food?
If your Basic Food Assistance Unit (AU) includes an elderly person or individual with a disability as defined in WAC 388-400-0040, your AU may be eligible for an income deduction for that person's out-of-pocket medical expenses, and certain expenses allowable for Medicare prescription drug card holders certified prior to June 1, 2006. We allow the deduction for medical expenses over $35 each month.
You can use an out-of-pocket medical expense toward this deduction if the expense covers services, supplies, medication, or other medically needed items prescribed by a state-licensed practitioner or other state-certified, qualified, health professional. Examples of expenses you can use for this deduction include those for:
Medical, psychiatric, naturopathic physician, dental, or chiropractic care;
Prescribed alternative therapy such as massage or acupuncture;
Prescription drugs;
Over the counter drugs;
Eye glasses;
Medical supplies other than special diets;
Medical equipment or medically needed changes to your home;
Shipping and handling charges for an allowable medical item. This includes shipping and handling charges for items purchased through mail order or the Internet;
Long distance calls to a medical provider;
Hospital and outpatient treatment including:
Nursing care; or
Nursing home care including payments made for a person who was an assistance unit member at the time of placement.
Health insurance premiums paid by the person including:
Medicare premiums; and
Insurance deductibles and co-payments.
Out-of-pocket expenses used to meet a Spenddown as defined in WAC 388-519-0110. We do not allow your entire Spenddown obligation as a deduction. We allow the expense as a deduction as it is estimated to occur or as the expense becomes due.
Dentures, hearing aids, and prosthetics.
Cost to obtain and care for a seeing eye, hearing, or other specially trained service animal. This includes the cost of food and veterinarian bills. We do not allow the expense of food for a service animal as a deduction if you receive Ongoing Additional Requirements under WAC 388-473-0040 to pay for this need.
Reasonable costs of transportation and lodging to obtain medical treatment or services.
Attendant care necessary due to age, infirmity, or illness. If your AU provides most of the attendant's meals, we allow an additional deduction equal to a one-person allotment.
There are two types of deductions for out-of-pocket expenses:
One-time expenses are expenses that cannot be estimated to occur on a regular basis. You can choose to have us:
Allow the one-time expense as a deduction when it is billed or due;
Average the expense through the remainder of your certification period; or
If your AU has a 24-month certification period, you can choose to use the expense as a one-time deduction, average the expense for the first twelve months of your certification period, or average it for the remainder of your certification period.
Recurring expenses are expenses that happen on a regular basis. We estimate your monthly expenses for the certification period.
If the elderly person or individual with a disability in your AU has an active Medicare prescription drug card prior to June 1, 2006:
Allow any out-of-pocket expenses that meet the criteria in sections (2) and (3) above;
Add a standard $23 to these expenses; and
Allow an additional $50 monthly deduction to account for the 2004 and 2005 prescription subsidies:
For 24 months if the client applied before January 2005; or
For the average number of months resulting from dividing the total subsidy amount by $50 if the client applies in January 2005 or later.
Allow the deductions in (b) and (c) even if the AU has no out-of-pocket expenses.
AU members with an active Medicare prescription drug card prior to June 1, 2006 have the option of using their verified pre-card out-of-pocket expenses when this amount is greater than using the standards in subsection (4).
We do not allow a medical expense as an income deduction if:
The expense was paid before you applied for benefits or in a previous certification period;
The expense was paid or will be paid by someone else;
The expense was paid or will be paid by the department or another agency;
The expense is covered by medical insurance;
We previously allowed the expense, and you did not pay it. We do not allow the expense again even if it is part of a repayment agreement.
You included the expense in a repayment agreement after failing to meet a previous agreement for the same expense; or
You claim the expense after you have been denied for presumptive SSI; and you are not considered disabled by any other criteria.
To be eligible for the medical deduction, people must report and verify all incurred and anticipated medical expenses at application and recertification.
We do not have to re-verify ongoing medical expenses during the certification period if they are not likely to change.
People do not have to report any changes in medical expenses during the certification period.
Anticipated expenses:
Persons eligible for a medical deduction may estimate medical expenses they expect to incur during the certification period.
The estimate must be based upon current, verified medical expenses that the AU member incurred, as well as other available information about the member's medical condition and insurance coverage.
If an AU reports an anticipated medical expense at the time of application or recertification but can't provide the verification at that time, we allow the expense when the verification is provided during the certification period.
If an AU voluntarily reports a change in a recurring medical expense, we treat the change as a CHANGE OF CIRCUMSTANCES.
Incurred expenses
We allow verified, out-of-pocket medical expenses that the eligible AU member incurs when the person:
Has an unpaid bill that has not been allowed previously,
Has a paid bill incurred during the certification period not reported previously; or
Arranges a payment plan for an expense and verifies when the installments are due.
