Economic Services Administration

Type: 
Recently Adopted Rules (CR-103P and CR-103E)
Rule Title/Subject Contact Person Washington State Register Citations

WAC 388-452-0005

Amendments to WAC 388-452-0005, Do I have to be interviewed in order to get cash and Basic Food benefits?, will clearly identify the circumstances under which a Basic Food recertification interview may be waived for clients who are elderly or disabled. These changes will align rule with the specific federal Elderly Simplified Application Project requirements.

Roanne Harris
(360) 725-4323
PERMANENT ADOPTION
WSR 20-14-090
Effective Date: August 1, 2020

WAC 388-460-0010

Amendments to WAC 388-460-0010, Do I have an authorized representative for basic food if I live in a treatment center or group home?, comply with changes to federal regulations regarding the amount of basic food benefits returned to recipients that leave substance use treatment centers and group homes. These amendments align with federal regulations, including a state option to prorate benefits when a recipient leaves a treatment center after the 15th day of a month. This option is in the best interest of recipients, allowing remaining basic food benefits to be returned to their electronic benefit transfer (EBT) card upon departure from the treatment center.

Roanne Harris
(360) 725-4323
PERMANENT ADOPTION
WSR 20-14-089
Effective Date: July 31, 2020

WAC 388-478-0010, 418-0020, Chapter 388-478 WAC

The department is repealing WAC 388-478-0010, Households with obligations to pay shelter costs; and amending WAC 388-418-0020, How does the department determine the date a change affects my cash and basic food benefits?; WAC 388-478-0005, Cash assistance need and payment standards and grant maximum; WAC 388-478-0006, The clothing, personal maintenance, and necessary incidentals (CPI) payment standard for cash assistance; WAC 388-478-0015, Need standards for cash assistance; WAC 388-478-0020, Payment standards for TANF, SFA, and RCA; WAC 388-478-0027, What are the payment standards for pregnant women assistance (PWA)?; WAC 388-478-0033, What are the payment standards for aged, blind, or disabled (ABD) cash assistance?; and WAC 388-478-0090, What are the monthly income limits for the aged, blind, or disabled (ABD) cash assistance and housing and essential needs (HEN) referral program? to remove references to separate cash assistance standards for households with shelter provided at no cost.

Roanne Harris
(360) 725-4323
EMERGENCY ADOPTION
WSR 20-14-087
Effective Date: July 1, 2020

WAC 388-418-0001

The department is amending WAC 388-418-0011, What is a mid-certification review, and do I have to complete one in order to keep receiving benefits?
 

Roanne Harris
(360) 725-4323
EMERGENCY ADOPTION
WSR 20-14-085
Effective Date: July 1, 2020

WAC 388-437-0010

The department is creating new WAC 388-437-0010, Pandemic EBT benefits, to implement Pandemic EBT benefits as provided under H.R. 6201, The Families First Coronavirus Response Act. The US Department of Agriculture (USDA) Food and Nutrition Service has approved Washington state’s plan to provide Pandemic EBT benefits to households with school age children participating in the free or reduced-price meal program whose schools have been closed for at least five consecutive days due to the public health emergency declaration related to the Coronavirus (COVID-19) pandemic.

Roanne Harris
(360) 725-4323
EMERGENCY ADOPTION
WSR 20-14-030
Effective Date: June 27, 2020

WAC 388-14A-3205

Amending WAC 388-14A-3205 to implement Sections 1 and 2 of Substitute House Bill 2302 (SHB 2302, Chapter 227, Laws of 2020) regarding income calculation. Relevant provisions of SHB 2302 take effect on June 11, 2020. These provisions change the definition of full-time earnings to 32 hours a week for imputation purposes and clarify certain criteria for income calculation.

Brady Horenstein
(360) 664-5291
EMERGENCY ADOPTION
WSR 20-14-018
Effective Date: June 22, 2020

WAC 388-446-0015, 0020

Amendments to WAC 388-446-0015, What is an intentional program violation (IPV) and administrative disqualification hearing (ADH) for basic food?, and WAC 388-446-0020, What penalties will I receive if I break a food assistance rule on purpose?, will clarify that the waiver of administrative hearing and the disqualification consent agreement are separate documents. 

Roanne Harris
(360) 725-4323
PERMANENT ADOPTION
WSR 20-13-090
Effective Date: August 1, 2020

WAC 388-412-0046

The department is adopting emergency amendments to WAC 388-412-0046, What is the purpose of DSHS cash and food assistance benefits and how can I use my benefits? to support implementation of Senate Bill 6136 (Chapter 64, Laws of 2020).

Roanne Harris
(360) 725-4323
EMERGENCY ADOPTION
WSR 20-13-037
Effective Date: June 11, 2020

WACs 388-400-0055, 0070

The department is amending WAC 388-400-0055, Who is eligible for the pregnant women assistance (PWA) program? and WAC 388-400-0070, Who is eligible for referral to the housing and essential needs (HEN) program? to support implementation of Substitute Senate Bill 6495 (Chapter 322, Laws of 2020).

Roanne Harris
(360) 725-4323
EMERGENCY ADOPTION
WSR 20-13-036
Effective Date: June 11, 2020

WAC 388-466-0120

The department is adopting emergency amendments to WAC 388-466-0120, Refugee cash assistance (RCA). Based on federal waiver approval from the federal Office of Refugee Resettlement (ORR), these amendments will implement extended Refugee Cash Assistance (RCA) benefits during this time of economic hardship caused by the COVID-19 (also known as Coronavirus) pandemic.

Susanna Young
(360) 725-4542
EMERGENCY ADOPTION
WSR 20-10-118
Effective Date: May 6, 2020

WAC 388-437-0005

The department is adopting emergency amendments to WAC 388-437-0005, Changes to food assistance in response to the COVID-19 pandemic, extending changes to food assistance benefit issuances and implementing Supplemental Nutrition Assistance Program (SNAP) flexibilities as provided in the Families First Coronavirus Response Act (H.R. 6201, Section 2302). This second emergency amends and supersedes the emergency rule filed as WSR 20-08-107. 

Susanna Young
(360) 725-4542
EMERGENCY ADOPTION
WSR 20-10-048
Effective Date: April 29, 2020

WAC 388-434-0015

The department is creating WAC 388-434-0015, Extension of certification periods and waiver of eligibility reviews and mid-certification reviews during the COVID-19 pandemic. This emergency rule adoption supports ongoing access to public assistance and provides administrative flexibility, allowing extension of certification periods and waiver of eligibility reviews and mid-certification reviews, during this time of economic hardship resulting from the public health crisis created by the Coronavirus.

Susanna Young
(360) 725-4542
EMERGENCY ADOPTION
WSR 20-10-046
Effective Date: April 29, 2020

WAC 388-436-0040, 0050, 0055

The department is amending WAC 388-436-0040 Excluded income and resources for CEAP, WAC 388-436-0050 Determining financial need and benefit amount for CEAP, and WAC 388-436-0055 What is the disaster cash assistance program (DCAP)?. These amendments are necessary to expand Consolidated Emergency Assistance and related Disaster Cash Assistance program during the statewide public health crisis created by the COVID-19 virus (commonly referred to as the “Coronavirus”).

Susanna Young
(360) 725-4542
EMERGENCY ADOPTION
WSR 20-09-102
Effective Date: April 16, 2020

WAC 388-14A-2210

Due to the ongoing national and state emergency relating to COVID-19, the United States Postal Service (USPS) has made temporary changes to its certified mail signature gathering procedures to limit direct contact with recipients. This emergency WAC will clarify that these temporary procedures employed by USPS are acceptable for purposes of certified mail service.

Brady Horenstein
(360) 664-5291
EMERGENCY ADOPTION
WSR 20-09-081
Effective Date: April 14, 2020

WAC 388-424-0001, 0030

The department is amending WAC 388-424-0001, Citizenship and alien status – Definitions, and WAC 388-424-0030, How does my alien status impact my eligibility for state-funded benefits under the food assistance program?, to update an obsolete WAC cross-reference that has the same effect as the previous cross-reference and correct typographical errors.

Susanna Young
(360) 725-4542
PERMANENT ADOPTION
WSR 20-09-044
Effective Date: May 9, 2020

WAC 388-484-0006

The department is amending WAC 388-484-0006, TANF/SFA time limit extensions, to add a Temporary Assistance for Needy Families (TANF) time limit extension hardship category related to impacts of the COVID-19 pandemic (commonly known as the “Coronavirus”).

Susanna Young
(360) 725-4542
EMERGENCY ADOPTION
WSR 20-09-001
Effective Date: April 1, 2020

WAC 388-437-0005

The Community Services Division is creating WAC 388-437-0005, Changes to food assistance in response to the COVID-19 pandemic, to implement changes to food assistance benefit issuances for March and April 2020 as provided in the Families First Coronavirus Response Act (H.R. 6201) Section 2302.

Susanna Young
(360) 725-4542
EMERGENCY ADOPTION
WSR 20-08-107
Effective Date: March 31, 2020

Chapters 388-447, 449 WAC

The department is amending WAC 388-447-0005, What evidence do we consider to determine incapacity?; WAC 388-447-0010, What medical evidence do I need to provide?; WAC 388-447-0110, When does my eligibility for referral to the housing and essential needs (HEN) program end?; WAC 388-449-0010, What evidence do we consider to determine disability?; WAC 388-449-0015, What medical evidence do I need to provide?; and WAC 388-449-0150, When does my eligibility for aged, blind, or disabled (ABD) cash benefits end?. These amendments are necessary to mitigate impacts to clients and medical providers resulting from the COVID-19 virus (commonly referred to as the “Coronavirus”) public health crisis.

Susanna Young
(360) 725-4542
EMERGENCY ADOPTION
WSR 20-08-074
Effective Date: March 26, 2020

WAC 388-310-0350

The department is amending WAC 388-310-0350, WorkFirst – Other exemptions from mandatory participation. These amendments are necessary to temporarily exempt Temporary Assistance for Needy Families (TANF) recipients from mandatory WorkFirst participation as a result of the public health crisis created by the COVID-19 virus (commonly referred to as the “Coronavirus”).

Susanna Young
(360) 725-4542
EMERGENCY ADOPTION
WSR 20-07-079
Effective Date: March 16, 2020

WAC 388-482-0005

Permanent adoption of these amendments is necessary for Basic Food eligibility determinations involving students of higher education who are “anticipating participation” in a work study position, as defined in RCW 43.20A.760.
 

Susanna Young
(360) 725-4542
PERMANENT ADOPTION
WSR 20-05-047
Effective Date: March 15, 2020

WAC 388-310-1600, 400-0005, 484-0006

Permanent adoption of these amendments is necessary to expand TANF time limit extensions to families experiencing homelessness and to eliminate permanent WorkFirst noncompliance sanction disqualifications.  

Susanna Young
(360) 725-4542
PERMANENT ADOPTION
WSR 20-05-046
Effective Date: March 15, 2020

WAC 388-14A-3903

Sections 2 and 3 of ESHB 1916 (Chapter 275, Laws of 2019), which took effect on July 28, 2019, amended the criteria used by the Division of Child Support (DCS) for modification or adjustment of child support orders in RCW 26.09.170 and RCW 74.20A.059. This change potentially allows more families to benefit from modification of their child support orders by reducing the requirement that the child support amount change as a result of the review by 25% to 15%. Another change, adopted due to federal requirements, provides that incarceration of the noncustodial parent in and of itself can serve as a reason for modification review of the child support order at any time, without a showing of a substantial change in circumstances or a 15% change in the order amount.

Nancy Koptur
(360) 664-5065
PERMANENT ADOPTION
WSR 20-04-032
Effective Date: February 28, 2020

WAC 388-14A-2200, 2205

The DSHS Division of Child Support (DCS) files this CR-103P, Rule-making Order, to adopt permanent rules  amending WAC 388-14A-2200 and WAC 388-14A-2205 to implement Section 4 of Engrossed Substitute House Bill 1916 (ESHB 1916, Chapter 275, Laws of 2019). ESHB 1916 took effect on July 28, 2019, but this section of the bill took effect on October 1, 2019.

Nancy Koptur
(360) 664-5065
PERMANENT ADOPTION
WSR 20-04-031
Effective Date: February 28, 2020

WAC 388-412-0005, 450-0185, 0190, 0195, 478-0060

Permanently adopting these amendments will implement the annual update to certain Basic Food standards for FFY 2020, in compliance with requirements of the United States Department of Agriculture (USDA) Food and Nutrition Service (FNS), and incorporate a simplified shelter deduction option for basic food benefit calculations of homeless households. These changes may increase basic food benefit allotments.

Susanna Young
(360) 725-4542
PERMANENT ADOPTION
WSR 20-04-021
Effective Date: February 27, 2020

WAC 388-14A-2200, 2205

The DSHS Division of Child Support (DCS) files this second CR-103E, Rule-Making Order, to adopt second emergency rules amending WAC 388-14A-2200 and WAC 388-14A-2205 in order to implement §4 of Engrossed Substitute House Bill 1916 (ESHB 1916, Chapter 275, Laws of 2019).

Nancy Koptur
(360) 664-5065
EMERGENCY ADOPTION
WSR 20-04-003
Effective Date: January 28, 2020

Chapter 388-14A WAC

The DSHS Division of Child Support (DCS) is amending the following sections in chapter 388-14A WAC to streamline procedures regarding the use of a form called the Notice to Payee: WAC 388-14A-3304 “The division of child support may serve a notice of support debt and demand for payment when it is enforcing a support order issued in Washington state, a foreign court order or a foreign administrative order for support”, WAC 388-14A-3310 “What notice does the division of child support serve to establish a fixed dollar amount under an existing child support order?”, and WAC 388-14A-3315 “When DCS serves a notice of support debt or a notice of support owed, we notify the other party to the child support order”.

Nancy Koptur
(360) 664-5065
PERMANENT ADOPTION
WSR 20-03-024
Effective Date: April 1, 2020

WAC 388-410-0005, 0015

The department is amending WAC 388-410-0005 and WAC 388-410-0015 to clarify which members of a household are and are not responsible for repaying cash overpayments, the circumstances where overpayments are recovered by means of a mandatory grant deduction, and that cash overpayments are not recovered from children.

Susanna Young
(360) 725-4542
PERMANENT ADOPTION
WSR 20-02-047
Effective Date: February 1, 2020

WAC 388-414-0001, 418-0005, 483-0005, 489-0025

This rulemaking action is necessary to implement federal changes to the Supplemental Nutrition Assistance Program (SNAP) prohibiting individuals with substantial lottery and gambling winnings from receiving SNAP benefits. This change is required by Section 4009 of the Agricultural Act of 2014, implemented by United States Department of Agriculture (USDA) Food and Nutrition Services (FNS) final rule, published on April 15, 2019, adopting provisions in 7 CFR 273.11(r).

Susanna Young
(360) 725-4542
PERMANENT ADOPTION
WSR 20-02-018
Effective Date: January 20, 2020

WAC 388-450-0025

The department is amending WAC 388-450-0025 “What is unearned income?” to incorporate benefits payable from the Family and Medical Leave Program authorized under chapter 50A.05 RCW, beginning January 1, 2020, into the examples of unearned income described in this rule. This change will clearly identify that Paid Family Medical Leave is unearned income for cash and food assistance applicant eligibility determinations and will be considered in the calculation of the amount of benefits received by an eligible recipient.

Susanna Young
(360) 725-4542
PERMANENT ADOPTION
WSR 19-24-048
Effective Date: January 1, 2020

WAC 388-478-0015

The department is amending WAC 388-478-0015 “Need standards for cash assistance” to reflect the annual revision of basic need standards for cash assistance effective January 1, 2020.

Susanna Young
(360) 725-4542
PERMANENT ADOPTION
WSR 19-24-032
Effective Date: January 1, 2020

WAC 388-310-1600, 400-0005, 484-0006

The department is amending WAC 388-310-1600 “WorkFirst – Sanctions”, WAC 388-400-0005 “Who is eligible for temporary assistance for needy families?”, and WAC 388-484-0006 “TANF/SFA time limit extensions.” These amendments are necessary to implement changes to the Temporary Assistance for Needy Families program as required by 2SHB 1603 (Chapter 343, Laws of 2019), removing permanent disqualification after three WorkFirst noncompliance sanction terminations and adding homelessness to the criteria for hardship time limit extensions beyond the 60-month TANF lifetime limit. The department implemented these changes effective July 28, 2019 by filing an emergency CR-103E Rule-making Order as WSR 19-16-009 on July 25, 2019. This second emergency Rule-making Order is needed while the department completes the permanent rulemaking process. The department filed a CR-102 Proposed Rule Making on October 14, 2019 as WSR 19-21-076. A public hearing on these rules will be held on November 26, 2019.

Susanna Young
(360) 725-4542
EMERGENCY ADOPTION
WSR 19-24-023
Effective Date: November 22, 2019

WAC 388-14A-3903

The DSHS Division of Child Support (DCS) files this second CR-103E, Rule-Making Order, to adopt a second emergency rule amending WAC 388-14A-3903 in order to implement §§ 2 and 3 of Engrossed Substitute House Bill 1916 (ESHB 1916, Chapter 275, Laws of 2019), which took effect on July 28, 2019. DCS previously filed an emergency rule with exactly the same language on July 25, 2019 as WSR 19-16-013, effective July 28, 2019.  We are filing this second emergency rule to maintain the status quo as we adopt permanent changes to WAC 388-14A-3903. DCS filed a CR-101, Preproposal Statement of Inquiry, as WSR 19-15-101 on July 22, 2019 to commence the regular rulemaking process to permanently amend WAC 388-14A-3903. The draft language is currently under internal review. DCS intends to file the CR-102, Proposed Rule Making, before the end of November 2019.

Nancy Koptur
(360) 664-5065
EMERGENCY ADOPTION
WSR 19-24-022
Effective Date: November 23, 2019

WAC 388-482-0005

The department is amending WAC 388-482-0005 “How does being a student of higher education impact my eligibility for the Washington basic food program?” to implement 2SHB 1893 (Chapter 407, Laws of 2019). The department implemented these changes effective July 28, 2019 by filing an emergency CR-103E Rule-Making Order as WSR 19-16-011 on July 25, 2019. This second emergency Rule-making Order is needed while the Department completes the permanent rulemaking process. The Department filed a CR-102 Proposed Rule Making on November 1, 2019 as WSR 19-22-043. A public hearing on these rules will be held on December 10, 2019.

Susanna Young
(360) 725-4542
EMERGENCY ADOPTION
WSR 19-24-021
Effective Date: November 22, 2019

WAC 388-14A-3323

The DSHS Division of Child Support (DCS) is amending WAC 388-14A-3323 to correct two typographical errors in two subsections of that rule.  The amended rule makes the following changes:  in subsection (4) the word “more” is replaced with “less”; and in subsection (5) the word “less” is replaced with “more”.  WAC 388-14A-3323 is titled: “What happens in a hearing on a notice of support owed served under WAC 388-14A-3311?”

Nancy Koptur
(360) 664-5065
PERMANENT ADOPTION
WSR 19-23-038
Effective Date: December 13, 2019

WAC 388-412-0015, 388-450-0185, 0190, 0195, 388-478-0060

The department is amending WAC 388-412-0015 “General information about your food assistance allotments”, WAC 388-450-0185 “What income deductions does the department allow when determining if I am eligible for food benefits and the amount of my monthly benefits?”, WAC 388-450-0190 “How does the department figure my shelter cost income deduction for basic food?”, WAC 388-450-0195 “Does the department use my utility costs when calculating my basic food or WASHCAP benefits?”, and WAC 388-478-0060 “What are the income limits and maximum benefit amounts for basic food?”.

Susanna Young
(360) 725-4542
EMERGENCY ADOPTION
WSR 19-22-035
Effective Date: November 1, 2019

WAC 388-478-0027

The department is amending WAC 388-478-0027 “What are the payment standards for pregnant women assistance (PWA)?” The 2019-21 Operating Budget included an increase to the PWA payment standard of $363 for assistance units with an obligation to pay shelter costs or $221 for assistance units with shelter provided at no cost. The department implemented this increase effective July 1, 2019 by filing an emergency CR-103E Rule-making Order as WSR 19-14-055 on June 28, 2019. This second emergency Rule-making Order is needed while the department completes the permanent rulemaking process. The department filed a permanent CR-103 Rule-making Order as WSR 19-21-056 on October 11, 2019.

Susanna Young
(360) 725-4542
EMERGENCY ADOPTION
WSR 19-22-002
Effective Date: October 26, 2019

WAC 388-478-0027

The department is amending WAC 388-478-0027 to reflect increased maximum payment standards for the Pregnant Women Assistance (PWA) program, based on the 2019-21 operating budget.

Susanna Young
(360) 725-4542
PERMANENT ADOPTION
WSR 19-21-056
Effective Date: November 11, 2019

WAC 388-412-0015, 388-450-0185, 0190, 0195, 388-478-0060

The department is amending WAC 388-412-0015 “General information about your food assistance allotments”, WAC 388-450-0185 “What income deductions does the department allow when determining if I am eligible for food benefits and the amount of my monthly benefits?”, WAC 388-450-0190 “How does the department figure my shelter cost income deduction for basic food?”, WAC 388-450-0195 “Does the department use my utility costs when calculating my basic food or WASHCAP benefits?”, and WAC 388-478-0060 “What are the income limits and maximum benefit amounts for basic food?” to implement annual adjustments to standards for the Washington Basic Food Program.

Susanna Young
(360) 725-4542
EMERGENCY ADOPTION
WSR 19-20-085
Effective Date: October 1, 2019

WAC 388-14A-2200, 2205

The DSHS Division of Child Support (DCS) is amending WAC 388-14A-2200 “When does DCS charge a twenty-five dollar annual fee on a child support case?” and WAC 388-14A-2205 “How can a custodial parent be excused from payment of the annual fee?” to implement section 4 of Engrossed Substitute House Bill (ESHB) 1916 (Chapter 275, Laws of 2019). ESHB 1916 took effect on July 28, 2019, but changes to the annual fee will take effect on October 1, 2019. DCS filed a CR-101 Preproposal Statement of Inquiry as WSR 19-17-092 on August 21, 2019 to commence the permanent rule-making process to amend WAC 388-14A-2200 and WAC 388-14A-2205.

Nancy Koptur
(360) 664-5065
EMERGENCY ADOPTION
WSR 19-20-082
Effective Date: October 1, 2019

WAC 388-14A-5400

The DSHS Division of Child Support (DCS) is amending WAC 388-14A-5400 in order to clarify that the Debt Adjustment Notice process described in that section applies not only to court orders for child support, but to any child support order. WAC 388-14A-5400 is entitled: How does the division of child support tell the custodial parent when DCS adjusts the amount of debt owed on the case?

Nancy Koptur
(360) 664-5065
PERMANENT ADOPTION
WSR 19-19-060
Effective Date: October 17, 2019

WAC 388-408-0040, 420-010

The department is amending WAC 388-105-0005 “The daily Medicaid payment rates for clients who have been assessed using the CARE tool and reside at an AFH or assisted living facility contracted to provide assisted living, adult residential care, or enhanced adult residential care services” to update rates in the table for all settings to reflect new rates paid effective July 1, 2019, currently in place by emergency filed as WSR 18-14-060. 

Susanna Young
(360) 725-4542
PERMANENT ADOPTION
WSR 19-19-032
Effective Date: October 12, 2019

WAC 388-444-0030

The department is amending by permanent adoption WAC 388-444-0030, “Are able-bodied adults without dependents (ABAWD) subject to additional work requirements and time limits to be eligible for basic food?”. This amendment reflects the annual update to Washington’s Supplemental Nutrition Assistance Program (SNAP) state plan concerning ABAWD time-limits, work requirements, and current United States Department of Agriculture (USDA) Food and Nutrition Services (FNS) approved waivers for certain geographic areas of Washington state.

Susanna Young
(360) 725-4542
PERMANENT ADOPTION
WSR 19-17-086
Effective Date: September 21, 2019

WAC 388-14A-3903

The DSHS Division of Child Support (DCS) files this CR-103E, Rule-Making Order, to adopt an emergency rule amending WAC 388-14A-3903 in order to implement §§ 2 and 3 of Engrossed Substitute House Bill 1916 (ESHB 1916, Chapter 275, Laws of 2019), which takes effect on July 28, 2019. At the same time, DCS is filing a CR-101, Preproposal Statement of Inquiry, to commence the regular rulemaking process to permanently amend WAC 388-14A-3903.  DCS hopes that the regular rulemaking process can be completed within the span of this emergency filing, but recognizes that the timelines under chapter 34.05 RCW may require the adoption of a second emergency rule to maintain the status quo if the final rule cannot be made effective within that time.

Nancy Koptur
(360) 664-5065
EMERGENCY ADOPTION
WSR 19-16-013
Effective Date: July 28, 2019

WAC 388-482-0005

The department is amending by emergency adoption WAC 388-482-0005 “How does being a student of higher education impact my eligibility for the Washington basic food program?” to implement changes to state law effective July 28, 2019. These changes are necessary to implement 2SHB 1893 (Chapter 407, Laws of 2019).
The department is concurrently proceeding with the permanent rule-making process and filed a CR-101 Preproposal Statement of Inquiry on June 19, 2019 as WSR 19-13-099.

Susanna Young
(360) 725-4542
EMERGENCY ADOPTION
WSR 19-16-011
Effective Date: July 28, 2019

WACs 388-300-1600, 400-0005, 484-0006

The department is amending WAC 388-310-1600 “WorkFirst – Sanctions”, WAC 388-400-0005 “Who is eligible for temporary assistance for needy families?”, and WAC 388-484-0006 “TANF/SFA time limit extensions.” These changes are necessary to implement 2SHB 1603 (Chapter 343, Laws of 2019), effective July 28, 2019, removing permanent disqualification after three WorkFirst noncompliance sanction terminations and adding homelessness to the criteria for hardship time limit extensions beyond the 60-month TANF lifetime limit. The department is concurrently proceeding with the permanent rule-making process.

Susanna Young
(360) 725-4542
EMERGENCY ADOPTION
WSR 19-16-009
Effective Date: July 28, 2019

WAC 388-478-0027

The department is amending WAC 388-478-0027 “What are the payment standards for pregnant women assistance (PWA)?” This change is necessary to increase the payment standard for the Pregnant Women Assistance (PWA) program, effective July 1, 2019, based on the 2019-21 Operating Budget. The department is currently proceeding with the permanent rule-making process and filed a Preproposal Statement of Inquiry as WSR 19-13-098 on June 19, 2019.

Susanna Young
(360) 725-4542
EMERGENCY ADOPTION
WSR 19-14-055
Effective Date: July 1, 2019

Chapter 388-14A WAC

The Division of Child Support (DCS) is permanently adopting new and amended rules in chapter 388-14A WAC to implement changes to the Uniform Interstate Family Support Act (UIFSA, adopted in Washington as chapter 26.21A RCW) which were made to implement the Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (known as the Hague Convention on Child Support).

Nancy Koptur
(360) 664-5065
PERMANENT ADOPTION
WSR 19-08-086
Effective Date: May 4, 2019

WAC 388-410-0005

The department is amending WAC 388-410-0005 “Cash assistance overpayment amount and liability” to change which members of a household are and are not responsible for TANF overpayments. Under this change, children will not be responsible for TANF overpayments and circumstances in which overpayments are recovered from nonneedy caretaker relatives or guardians. 

Susanna Young
(360) 725-4542
PERMANENT ADOPTION
WSR 19-08-066
Effective Date: May 1, 2019

WAC 388-412-0020

The department is amending WAC 388-412-0020 “When do I get my benefits?”. The amended language will allow the department to issue March 2019 basic food benefits early to some of the households that received February 2019 benefits in January 2019. The March early issuance will reduce the number of days between issuance cycles for the affected households.

Susanna Young
(360) 725-4542
EMERGENCY ADOPTION
WSR 19-06-015
Effective Date: February 26, 2019

WAC 388-412-0001

The department is creating WAC 388-412-0001 “Early issuance of February 2019 food assistance benefits”. This change will allow the department to issue February 2019 food assistance benefits on or before January 20, 2019 at the direction of the federal USDA Food and Nutrition Service.

Susanna Young
(360) 725-4542
EMERGENCY ADOPTION
WSR 19-03-099
Effective Date: January 15, 2019

WAC 388-408-0025

The department is amending WAC 388-408-0025 “When can I choose who is in my TANF or SFA assistance unit?” to disregard the relationship between siblings and half-siblings, when the adult applying for a child-only grant has no legal responsibility for the child(ren). 

Susanna Young
(360) 725-4542
PERMANENT ADOPTION
WSR 19-03-056
Effective Date: March 1, 2019

WACs 388-412-0046 and 446-0015

The department is amending WAC 388-412-0046 “What is the purpose of DSHS cash and food assistance benefits and how can I use my benefits?” and WAC 388-446-0015 “What is an intentional program violation (IPV) and administrative disqualification hearings (ADH) for food assistance”. Changes made under this filing will amend WAC 388-412-0046 to clarify illegal use of Basic Food benefits as proposed in the supplemental CR-102 notice of proposed rule making filed as WSR 18-21-121. This filing will also amend WAC 388-446-0015 to align with federal regulations specifying administrative law judges’ jurisdiction over administrative disqualification hearings for intentional program violations of the basic food and food assistance programs as proposed in the original CR-102 notice of proposed rule making filed as WSR 18-13-079.  

Susanna Young
(360) 725-4542
PERMANENT ADOPTION
WSR 19-03-054
Effective Date: February 10, 2019

WAC 388-460-0010

The department is amending WAC 388-460-0010 “Do I have an authorized representative for basic food if I live in a treatment center or group home?” to align with changes to federal regulations specifying how and when treatment centers and group homes act as authorized representatives for residents who receive Basic Food. When effective, this filing cancels and supersedes the emergency adopted under WSR 18-21-097.  

Susanna Young
(360) 725-4542
PERMANENT ADOPTION
WSR 19-03-037
Effective Date: February 7, 2019

WAC 388-492-0070

The department is amending WAC 388-492-0070 “How are my WASHCAP food benefits calculated?” to clarify language to align with the requirements of the Washington combined application project (WASHCAP).

Susanna Young
(360) 725-4542
PERMANENT ADOPTION
WSR 19-03-023
Effective Date: February 4, 2019

Chapter 388-14A WAC

The DSHS Division of Child Support (DCS) is adopting permanent rules to implement Part I of SSB 6334 (Chapter 150, Laws of 2018), which made changes to the law and terminology concerning medical child support obligations. The statutory change introduces new terminology, but does not change the way that medical support obligations are established, either in court or in the administrative process.  However, there are changes in the policies and procedures regarding how DCS enforces medical support obligations, most notably that an obligated parent can satisfy his or her health care coverage obligation by enrolling the child(ren) in public health care coverage.  In Washington, “public health care coverage” means Medicaid and the other programs included in the Apple Health program.

Nancy Koptur
(360) 664-5065
PERMANENT ADOPTION
WSR 19-02-017
Effective Date: January 21, 2019

WACs 388-418-0005, 470-0005, 470-0070

The department is amending WAC 388-418-0005 “How will I know what changes to report?”, WAC 388-470-0005 “How do resources affect my eligibility for cash assistance and basic food?”, and WAC 388-470-0070 “How vehicles are counted toward the resource limit for cash assistance” to revise the resource limits for cash programs.  These changes, effective February 1, 2019, are required by state legislation (E2SHB 1831).

Susanna Young
(360) 725-4542
PERMANENT ADOPTION
WSR 19-01-105
Effective Date: February 1, 2019

WACs 388-450-0185, 0190, 0195, 478-0060

These amendments do the following: increase the maximum basic food allotments; change the basic food standard deduction for one to three person households to $164, four person households to $174, five person households to $204, and 6 or more person households to $234;  increase the maximum shelter deduction to $552; change the standard utility allowance (SUA) to $430, limited utility allowance (LUA) to $336, and telephone utility allowance (TUA) to $58; and increase the maximum gross monthly income and maximum net monthly income limits for households that are not categorically eligible for basic food.

Susanna Young
(360) 725-4542
PERMANENT ADOPTION
WSR 19-01-031
Effective Date: January 12, 2019

WAC 388-478-0055

The department is amending WAC 388-478-0055 “How much do I get from my state supplemental payments (SSP)?” to increase the Personal Needs Allowance (PNA) effective January 1, 2019 for those in medical institutions and residential settings in compliance with recent state legislation (SHB 2651).

Susanna Young
(360) 725-4542
PERMANENT ADOPTION
WSR 18-24-032
Effective Date: January 1, 2019

WAC 388-478-0015

The department is amending WAC 388-478-0015 “Need standards for cash assistance” to revise the basic need standards for cash programs.  These changes, effective January 1, 2019, are required annually by RCW 74.04.770.

Susanna Young
(360) 725-4542
PERMANENT ADOPTION
WSR 18-22-021
Effective Date: January 1, 2019

WAC 388-460-0010

The department is amending WAC 388-460-0010 “Do I have an authorized representative for Basic Food if I live in a treatment center or group home?” to align with federal regulations regarding authorized representatives recently made effective through 7 C.F.R. 273.11 (e) and (f). 

Susanna Young
(360) 725-4542
EMERGENCY ADOPTION
WSR 18-21-097
Effective Date: October 16, 2018

Chapter 388-14A WAC

The DSHS Division of Child Support (DCS) is adopting these second emergency rules to maintain the status quo as we continue the regular rulemaking process to implement Part I of SSB 6334 (Chapter 150, Laws of 2018).

Nancy Koptur
(360) 664-5065
EMERGENCY ADOPTION
WSR 18-21-022
Effective Date: October 6, 2018

WACs 388-450-0185, 0190, 0195, 478-0060

The department is amending WAC 388-450-0185 “What income deductions does the department allow when determining if I am eligible for food benefits and the amount of my monthly benefits?”, WAC 388-450-0190 “How does the department figure my shelter cost income deduction for basic food?”, WAC 388-450-0195 “Does the department use my utility costs when calculating my basic food or WASHCAP benefits?”, and WAC 388-478-0060 “What are the income limits and maximum benefit amounts for basic food?” to implement annual adjustments to standards for the Washington Basic Food Program.   

Susanna Young
(360) 725-4542
EMERGENCY ADOPTION
WSR 18-20-088
Effective Date: October 1, 2018

WAC 388-482-0005

The department is amending WAC 388-482-0005, “How does being a student of higher education impact my eligibility for the Washington basic food program?” to align with federal regulations allowing the department to use average monthly employment hours when determining whether students of higher education meet the twenty-hour work requirement to receive Basic Food benefits. 

Susanna Young
(360) 725-4542
PERMANENT ADOPTION
WSR 18-19-025
Effective Date: October 13, 2018

Chapters 388-400, 447 WAC

The department is amending sections in chapter 388-400 WAC and chapter 388-447 WAC to comply with changes mandated by ESHB 2667 (Chapter 48, Laws of 2018).  These amendments expand eligibility criteria for a referral to the Housing and Essential Needs (HEN) program and clarify the eligibility process to support this change.

Anna Minor
(360) 725-4894
PERMANENT ADOPTION
WSR 18-18-007
Effective Date: September 23, 2018

WAC 388-444-0040

The department is amending WAC 388-444-0040 in order to update the eligibility policies of Work Registrants, including but not limited to the Able-Bodied Adults Without Dependents (ABAWDs) population, bringing them into compliance with Federal Regulations. 

Anna Minor
(360) 725-4894
PERMANENT ADOPTION
WSR 18-15-044
Effective Date: August 13, 2018

Chapters 388-400, 447 WAC

The department is extending emergency amendments to WAC 388-400-0060 “Who is eligible for aged, blind or disabled (ABD) cash assistance?”, WAC 388-400-0070 “Who is eligible for referral to the housing and essential needs (HEN) program?”, WAC 388-447-0001 “What are the incapacity requirements for referral to the housing and essential needs (HEN) program?”, WAC 388-447-0040 “Progressive evaluation process step II-How does the department determine the severity of mental impairments?”,  and WAC 388-447-0060 “Progressive evaluation process step IV-How does the department determine the severity of multiple impairments?”. These amendments are currently in effect via emergency adoption filed as WSR 18-07-048 on March 14, 2018, which expires on July 12, 2018.  The department has filed notice of its intent to adopt a permanent rule and is actively working to adopt the rule as a permanent rule. These amendments are necessary to comply with changes mandated by ESHB 2667 (Chapter 48, Laws of 2018).  These amendments expand eligibility criteria for a referral to the Housing and Essential Needs (HEN) program and clarify the eligibility process to support this change.

Anna Minor
(360) 725-4894
EMERGENCY ADOPTION
WSR 18-15-029
Effective Date: July 12, 2018

Chapter 388-14A WAC

The department is repealing WAC 388-14A-4600 through WAC 388-14A-4620, which authorize the Division of Child Support (DCS) Most Wanted web site. DCS is repealing these rules because DCS has stopped using that web site as a tool to locate parents. The individual rules to be repealed include WAC 388-14A-4600 “What is the division of child support's DCS most wanted internet site”, WAC 388-14A-4605 “Whose picture can go on the division of child support's DCS most wanted internet site?”, WAC 388-14A-4610 “How does a noncustodial parent avoid being posted on the DCS most wanted internet site?”, WAC 388-14A-4615 “When does DCS remove a noncustodial parent from the DCS most wanted internet site?”, and WAC 388-14A-4620 “What information does the division of child support post to the DCS most wanted internet site?”.

Nancy Koptur
(360) 664-5065
PERMANENT ADOPTION
WSR 18-14-115
Effective Date: August 5, 2018

WACs 388-406-0010, 434-0010

The department is amending WAC 388-406-0010, “How do I apply for cash assistance or Basic Food benefits?” and WAC 388-434-0010, “How do I get Basic Food benefits after my certification period has ended?” in order to clarify the acceptable means a basic food applicant can use to sign their application for benefits.

Anna Minor
(360) 725-4894
PERMANENT ADOPTION
WSR 18-14-041
Effective Date: July 28, 2018

Chapter 388-14A WAC

The department is adopting emergency rules to implement Part I of SSB 6334 (Chapter 150, Laws of 2018). The effective date of Part I of the act is June 7, 2018.

Nancy Koptur
(360) 664-5065
EMERGENCY ADOPTION
WSR 18-13-011
Effective Date: June 7, 2018

WAC 388-14A-5007

The department is amending WAC 388-14A-5007 “If the paying parent has more than one case, can DCS apply support money to only one specific case?”. The amendment deals with distribution of support payments when a noncustodial parent (NCP) has more than one child support case, to allow the Division of Child Support (DCS) to apply a payment in the manner specified by an Indian Tribe, when the Tribe sends money to DCS representing a tribal benefit received by an NCP who is a member of that tribe. DCS is adopting the amendment at the request of several tribes who wish to have payments applied in a manner consistent with tribal law or custom, or an order from the tribal court.

Nancy Koptur
(360) 664-5065
PERMANENT ADOPTION
WSR 18-11-047
Effective Date: July 1, 2018

WACs 388-436-0050, 478-0020, 0035

The 2018 Supplemental Operating Budget, Section 207 (b) (Chapter 299, Laws of 2018) signed into law on March 27, 2018 includes a 9.3% grant increase to the Temporary Assistance for Needy Families (TANF), State Family Assistance (SFA), and Refugee Cash Assistance (RCA) programs effective July 1, 2018. The department is amending  WAC 388-478-0020, WAC 388-478-0035, and WAC 388-436-0050 in order to increase the grant amount by 9.3%, increase the financial need and benefit amount limits for the Consolidated Emergency Assistance Program (CEAP), and increase the maximum earned income limits for the TANF, SFA, RCA, and Pregnant Women Assistance (PWA) programs. The proposed rules filed as WSR 18-05-064 on February 16, 2018 contained a 2.5% grant increase effective July 1, 2018 that was included in the 2017-2019 Biennial Operating Budget (Chapter 1, Laws of 2017). The corresponding dollar amounts contained in WAC 388-478-0020, WAC 388-478-0035, and WAC 388-436-0050 have now been amended to reflect the 9.3% increase included in the 2018 Supplemental Operating Budget in order for the department to be in compliance with state law, an additional 6.8% over the 2.5% increase originally included in the 2017-2019 Biennial Operating Budget.

Anna Minor
(360) 725-4894
PERMANENT ADOPTION
WSR 18-09-088
Effective Date: July 1, 2018

WACs 388-418-0005 and 388-450-0162

The department is amending WAC 388-450-0162 and WAC 388-418-0005 to repeal means testing for income eligibility for child-only Temporary Assistance for Needy Families assistance units per the 2017-2019 operating budget and 2ESSB 5890 (Chapter 20, Laws of 2017) effective July 1, 2018. 

Anna Minor
(360) 725-4894
PERMANENT ADOPTION
WSR 18-09-017
Effective Date: July 1, 2018

WAC 388-406-0015

The department is amending WAC 388-406-0015, “Can I get Basic Food right away?” to clarify the treatment of resources when determining expedited service eligibility for basic food benefits.

Anna Minor
(360) 725-4894
PERMANENT ADOPTION
WSR 18-07-083
Effective Date: April 20, 2018

WAC 388-418-0020

The department is amending WAC 388-418-0020 “How does the department determine the date a change affects my cash and Basic Food benefits?” in order to provide clarity for public assistance recipients and prevent unnecessary overpayments regarding when recipients submit changes to their cases.

Anna Minor
(360) 725-4894
PERMANENT ADOPTION
WSR 18-07-064
Effective Date: April 15, 2018

WACs 388-400-0060, 388-400-0070, 388-447-0001, 388-447-0040, and 388-447-0060

The department is amending WAC 388-400-0060 “Who is eligible for aged, blind or disabled (ABD) cash assistance?”, WAC 388-400-0070 “Who is eligible for referral to the housing and essential needs (HEN) program?”, WAC 388-447-0001 “What are the incapacity requirements for referral to the housing and essential needs (HEN) program?”, WAC 388-447-0040 “Progressive evaluation process step II—How does the department determine the severity of mental impairments?”, and WAC 388-447-0060 “Progressive evaluation process step IV—How does the department determine the severity of multiple impairments?” These amendments are necessary to comply with changes mandated by ESHB 2667 (2018 legislative session).  These amendments expand eligibility criteria for a referral to the Housing and Essential Needs (HEN) program and clarify the eligibility process to support this change.

Anna Minor
(360) 725-4894
EMERGENCY ADOPTION
WSR 18-07-048
Effective Date: March 14, 2018

WAC 388-447-0005, 449-0010

The department is amending WAC 388-449-0010 and WAC 388-447-0005 in order to ensure that the eligibility standards adopted by the Department for the Aged, Blind, or Disabled (ABD) and the Housing and Essential Needs (HEN) Referral programs are consistent with, and not more restrictive than, standards adopted by the Social Security Administration (SSA).

Anna Minor
(360) 725-4894
PERMANENT ADOPTION
WSR 18-05-075
Effective Date: March 23, 2018

WAC 388-310-0300, 0400, 1450

The department is amending WAC 388-310-0300, WAC 388-310-0400, and WAC 388-310-1450 to comply with legislation extending the Infant Exemption to WorkFirst participants with children under the age of two for a lifetime limit of 24 months.

Crista Johnson
(360) 725-4617
PERMANENT ADOPTION
WSR 18-03-059
Effective Date: February 10, 2018

WAC 388-450-0140

The department is amending WAC 388-450-0140 to comply with federal regulations for income allocation of ineligible basic food assistance unit members.

Crista Johnson
(360) 725-4617
PERMANENT ADOPTION
WSR 18-03-021
Effective Date: February 8, 2018

Chapter 388-412, 450, 470, 478 WAC

The department is amending WAC 388-412-0015, WAC 388-450-0185, WAC 388-450-0190, WAC 388-450-0195, WAC 388-470-0005, and WAC 388-478-0060 in order to decrease maximum allotments to $640, decrease the minimum benefit to $15,  increase the Basic Food Standard deduction for 1-3 persons to $160, increase the Maximum Shelter Deduction increases to $535, increase the Standard Utility Allowance to $421, increase the Limited Utility Allowance to $328, maintain the Telephone Utility Allowance at $57, increase the maximum gross monthly income and maximum net monthly income limit for households that are not categorically eligible for basic food , increase the maximum asset limit to $3,500, and increase the 165% federal poverty level standard.

Crista Johnson
(360) 725-4617
PERMANENT ADOPTION
WSR 18-02-043
Effective Date: January 26, 2018

WAC 388-444-0030, 0045, 0065

The department is amending WAC 388-444-0030 “What additional work requirements and time limits is an able-bodied adult without dependents (ABAWD) subject to in order to be eligible for Basic Food?”, WAC 388-444-0045 “How does an ABAWD regain eligibility for Basic Food after being closed for the three-month limit”, and WAC 388-444-0065 “Am I eligible for Basic Food if I quit my job or reduce my work effort” to update the eligibility policies of Work Registrants, including but not limited to the Able-Bodied Adults Without Dependents (ABAWDs) population, in order to bring them into compliance with federal regulations.

Crista Johnson
(360) 725-4617
PERMANENT ADOPTION
WSR 18-02-037
Effective Date: January 22, 2018

WAC 388-478-0015

The department is amending WAC 388-478-0015 “Need standards for cash assistance” to revise the basic need standards for cash assistance. The department is required by RCW 74.04.770 to establish standards of need for cash assistance programs on an annual basis.

Crista Johnson
(360) 725-4617
PERMANENT ADOPTION
WSR 18-01-040
Effective Date: January 12, 2018

WAC 388-310-1000

The department is amending WAC 388-310-1000 “WorkFirst – Vocational education.” Second Substitute Senate Bill 5347 passed during the 2017 regular session, allowing the department to extend vocational education as an approvable WorkFirst work activity from 12 to 24 months, subject to funding.

Crista Johnson
(360) 725-4617
PERMANENT ADOPTION
WSR 17-24-009
Effective Date: December 28, 2017

WAC 388-492-0070

The department is amending WAC 388-492-0070 “How are my WASHCAP food benefits calculated?” in order to decrease the low shelter standard from $235 to $210 to maintain cost neutrality as required by FNS to continue the operation of the WASHCAP demonstration project.

Crista Johnson
(360) 725-4617
PERMANENT ADOPTION
WSR 17-24-008
Effective Date: January 1, 2018

WAC 388-14A-4505, 4510

The department files this CR-103E, Rule-Making Order, to adopt a second emergency rule amending WAC 388-14A-4505 and WAC 388-14A-4510 in order to implement Engrossed Substitute House Bill 1814 (Chapter 269, Laws of 2017), which took effect on July 23, 2017.

Nancy Koptur
(360) 664-5065
EMERGENCY ADOPTION
WSR 17-23-086
Effective Date: November 18, 2017

WAC 388-493-0010

The department is amending WAC 388-493-0010 “Working Family Support” in order to extend the program end date from June 30, 2017 to June 30, 2019, and to include a 10,000 household program enrollment limit to the Working Family Support Program effective July 31, 2017. These amendments are needed based on proviso language in the 2017-2019 Operating Budget (Substitute Senate Bill 5883). The department filed the proposed rule on September 28, 2017 as WSR 17-20-033, held a public hearing on November 7, 2017, and filed the permanent rule on November 9, 2017 as WSR 17-23-050. This emergency rule filing extends the emergency rule filed as WSR 17-16-130 until the permanent rule takes effect.

Crista Johnson
(360) 725-4617
EMERGENCY ADOPTION
WSR 17-23-078
Effective Date: November 28, 2017

WAC 388-493-0010

The department is amending WAC 388-493-0010 “Working Family Support” in order to extend the program end date from June 30, 2017 to June 30, 2019, and to include a 10,000 household program enrollment limit to the Working Family Support Program effective July 31, 2017. The department must make these amendments to comply with proviso language in the 2017-2019 Operating Budget (Substitute Senate Bill 5883).

Crista Johnson
(360) 725-4617
PERMANENT ADOPTION
WSR 17-23-050
Effective Date: December 10, 2017

WAC 388-14A-4505, 4510

Engrossed Substitute House Bill (ESHB) 1814 (Chapter 269, Laws of 2017), which took effect on July 23, 2017, amended RCW 74.20A.320 to change the requirements for service of the Notice of Noncompliance and Intent to Suspend Licenses, which is the first step in the process to suspend one or more licenses of a noncustodial parent who is not in compliance with a court order.  In order to implement ESHB 1814, the department must amend WAC 388-14A-4505 and must correct a cross-reference in WAC 388-14A-4510.  The Division of Child Support (DCS) adopted emergency rules under WSR 17-16-026, effective July 23, 2017.

Nancy Koptur
(360) 664-5065
PERMANENT ADOPTION
WSR 17-23-046
Effective Date: December 9, 2017

WAC 388-310-0300, 1450

The department is proposing to amend WAC 388-310-0300 “WorkFirst—Infant care exemptions for mandatory participants” and WAC 388-310-1450 “Pregnancy to employment” to comply with legislation extending the Infant Exemption to WorkFirst participants with children under the age of two for a lifetime limit of 24 months.

Crista Johnson
(360) 725-4617
EMERGENCY ADOPTION
WSR 17-21-114
Effective Date: October 19, 2017

WAC 388-450-0215

The department is amending WAC 388-450-0215 “How does the department estimate my assistance unit’s income to determine my eligibility and benefits?” to correct a typographical error. This amendment changes incorrect references contained in subsections (4)(a) and (7)(b) from subsection (6) to subsection (5).

Crista Johnson
(360) 725-4617
PERMANENT ADOPTION
WSR 17-21-025
Effective Date: November 10, 2017

Chapter 388-412, 450, 470, 478 WAC

The department is amending  WAC 388-412-0015 “General information about your food assistance allotments.”, WAC 388-450-0185 “What income deductions does the department allow when determining if I am eligible for food benefits and the amount of my monthly benefits? “, WAC 388-450-0190 “How does the department figure my shelter cost income deduction for basic food?”, WAC 388-450-0195 “Does the department use my utility costs when calculating my basic food or WASHCAP benefits?”, WAC 388-470-0005 “How do resources affect my eligibility for cash assistance and Basic Food?”, and WAC 388-478-0060 “What are the income limits and maximum benefit amounts for basic food?”  in order to implement annual adjustments to standards for the Washington Basic Food Program.

Crista Johnson
(360) 725-4617
EMERGENCY ADOPTION
WSR 17-20-048
Effective Date: October 1, 2017

WAC 388-450-0015, 470-0045, 0055

The department is amending WAC 388-450-0015, WAC 388-470-0045, and WAC 388-470-0055 to implement income and asset exclusions for Achieving a Better Life Experience (ABLE) tax-deferred accounts and associated distributions. Distributions from ABLE accounts can be used to cover qualified expenses including healthcare, education, community-based supports, employment training, assistive technology, housing, and transportation. Funds kept in, and disbursed from, ABLE accounts are exempt when determining eligibility for Medicaid, Supplemental Security Income (SSI), and other federal means-tested programs such as Temporary Assistance for Needy Families (TANF), and Supplemental Nutrition Assistance Program (SNAP).

Doug Sevin
(360) 725-4612
PERMANENT ADOPTION
WSR 17-17-097
Effective Date: September 18, 2017

WAC 388-493-0010

The department is proposing to amend WAC 388-493-0010 Working Family Support to: Extend the program end date from June 30, 2017 to June 30, 2019, and include a 10,000 household program enrollment limit to the Working Family Support Program effective July 31, 2017. 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.

Doug Sevin
(360) 725-4612
EMERGENCY ADOPTION
WSR 17-16-130
Effective Date: July 31, 2017

WAC 388-14A-4505, 4510

The department is amending WAC 388-14A-4505 and WAC 388-14A-4510 in order to implement Engrossed Substitute House Bill 1814 (Chapter 269, Laws of 2017), which takes effect on July 23, 2017.

Nancy Koptur
(360) 664-5065
EMERGENCY ADOPTION
WSR 17-16-026
Effective Date: July 23, 2017

WAC 388-493-0010

The department is amending WAC 388-493-0010 “Working Family Support” to extend the end date of the Working Family Support program from June 30, 2017 to October 19, 2017.

Doug Sevin
(360) 725-4612
EMERGENCY ADOPTION
WSR 17-14-089
Effective Date: July 1, 2017

WAC 388-410-0030, 0033

The department is amending WAC 388-410-0030 “How does the department calculate and set up my Basic Food, FAP, or WASHCAP overpayment?” and WAC 388-410-0033, “How and when does the department collect a Basic Food, FAP, or WASHCAP overpayment?” to align these rules with federal regulations regarding who is considered eligible for benefits.

Doug Sevin
(360) 725-4612
EMERGENCY ADOPTION
WSR 17-14-027
Effective Date: June 29, 2017

WAC 388-492-0070

The department is amending WAC 388-492-0070 “How are my WASHCAP food benefits calculated?” in order to increase the high shelter standard from $400 to $425.

Doug Sevin
(360) 725-4612
PERMANENT ADOPTION
WSR 17-13-019
Effective Date: July 13, 2017

WAC 388-410-0030, 0033

The department is amending WAC 388-410-0030 and WAC 388-410-0033 in order to comply with federal regulations regarding the department’s cost effectiveness plan for pursuing overpayment claims as approved by the United States Department of Agriculture (USDA). USDA Food and Nutrition Services (FNS) regulations allow Washington State to determine the amount at which pursuing an overpayment for Supplemental Nutrition Assistance Program (SNAP) benefits becomes cost effective. Once the state and FNS agree on an amount, it becomes part of the state plan for administering SNAP and the state must abide by the plan. Lack of compliance with FNS rules can result in loss of funding for or penalization to the SNAP in Washington. Additionally, the current rule applies unnecessary overpayments that can result in a hardship for clients.

Doug Sevin
(360) 725-4612
PERMANENT ADOPTION
WSR 17-13-006
Effective Date: July 9, 2017

WAC 388-450-0195

The department is amending WAC 388-450-0195, “Does the department use my utility costs when calculating my basic food or WASHCAP benefits?” to provide a standard utility allowance for basic food households that do not qualify for low income home energy assistance program (LIHEAP) solely due to immigration status.

Doug Sevin
(360) 725-4612
PERMANENT ADOPTION
WSR 17-10-069
Effective Date: June 3, 2017

WAC 388-400-0047

The department is amending WAC 388-400-0047 in order to remove the pure Food Assistance Program (FAP) households from the Heat and Eat program to be consistent with federal requirements for the low-income energy assistance program (LIHEAP).

Doug Sevin
(360) 725-4612
PERMANENT ADOPTION
WSR 17-09-008
Effective Date: May 7, 2017

WAC 388-400-0047

The department is amending WAC 388-400-0047 “What is the heat and eat program and are you eligible?” in order to remove the pure Food Assistance Program (FAP) households from the Heat and Eat program to be consistent with federal requirements for the Low Income Home Energy Assistance Program (LIHEAP).

Doug Sevin
(360) 725-4612
EMERGENCY ADOPTION
WSR 17-08-052
Effective Date: April 1, 2017

WAC 388-450-0195

The department is amending WAC 388-450-0195 “Does the department use my utility costs when calculating my basic food or WASHCAP benefits?” to provide a standard utility allowance for Basic Food households that do not qualify for the Low Income Home Energy Assistance Program (LIHEAP) solely due to immigration status requirements. 

Doug Sevin
(360) 725-4612
EMERGENCY ADOPTION
WSR 17-08-050
Effective Date: April 1, 2017

WAC 388-492-0070

The department is amending WAC 388-492-0070 “How are my WASHCAP food benefits calculated?” in order to increase the high shelter standard from $400 to $425.

Doug Sevin
(360) 725-4612
EMERGENCY ADOPTION
WSR 17-08-049
Effective Date: April 1, 2017

WAC 388-432-0005

The department is amending WAC 388-432-0005 “Can I get help from DSHS for a family emergency without receiving monthly cash assistance?” to clarify and ensure uniformity of program eligibility for applicants who have been closed for Temporary Assistance for Needy Families (TANF) in WorkFirst Sanction or terminated from TANF for Non-Compliance Sanction as guided by RCW 74.08A.210.

Doug Sevin
(360) 725-4612
PERMANENT ADOPTION
WSR 17-07-042
Effective Date: April 8, 2017

WAC 388-493-0010

The department is amending WAC 388-493-0010 “Working family support” to extend the effective end date of the Working Family Support program from September 30, 2016 to June 30, 2017.

Doug Sevin
(360) 725-4612
PERMANENT ADOPTION
WSR 17-07-012
Effective Date: April 6, 2017

WAC 388-410-0030, 0033

The department is amending WAC 388-410-0030 “How does the department calculate and set up my Basic Food, FAP, or WASHCAP overpayment?” and WAC 388-410-0033, “How and when does the department collect a Basic Food, FAP, or WASHCAP overpayment?” to align these rules with federal regulations regarding who is considered eligible for benefits.

Doug Sevin
(360) 725-4612
EMERGENCY ADOPTION
WSR 17-06-068
Effective Date: March 1, 2017

WAC 388-450-0070

The department is amending WAC 388-450-0070 to comply with Federal Regulations for income and deductions for Basic Food, the Washington Combined Application Program (WASHCAP), the Food Assistance Program (FAP) for legal immigrants, and Transitional food assistance.   

Doug Sevin
(360) 725-4612
PERMANENT ADOPTION
WSR 17-05-006
Effective Date: March 5, 2017

WAC 388-493-0010

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.

Doug Sevin
(360) 725-4612
EMERGENCY ADOPTION
WSR 17-03-081
Effective Date: January 27, 2017

WAC 388-450-0185, 0190, 0195, 478-0060

The department is amending WAC 388-450-0185 “What income deductions does the department allow when determining if I am eligible for food benefits and the amount of my monthly benefits?”, WAC 388-450-0190 “How does the department figure my shelter cost income deduction for basic food?”, WAC 388-450-0195 “Does the department use my utility costs when calculating my basic food or WASHCAP benefits?”, and WAC 388-478-0060 “What are the income limits and maximum benefit amounts for basic food?” to implement annual adjustments to standards for the Washington Basic Food Program.

Doug Sevin
(360) 725-4612
PERMANENT ADOPTION
WSR 16-24-051
Effective Date: January 1, 2017

WAC 388-400-0047

The department is amending WAC 388-400-0047 “Am I eligible for the heat and eat program?” to add the Washington combined application project (WASHCAP) population to the Heat and Eat program. This change is needed in order to be consistent with federal requirements for the low income energy assistance program (LIHEAP) under the WASHCAP project renewal.

Doug Sevin
(360) 725-4612
PERMANENT ADOPTION
WSR 16-24-050
Effective Date: January 1, 2017

WAC 388-454-0006

The department is amending WAC 388-454-0006 “The department makes background checks on adults who are acting in place of a parent without court-ordered custody”. The rule is being amended to update WAC references made within WAC 388-454-0006 and align them with the current Children Administration (CA) rules on criminal background checks. No policy changes are made by this amendment.

Doug Sevin
(360) 725-4612
PERMANENT ADOPTION
WSR 16-24-037
Effective Date: January 1, 2017

WAC 388-492-0040, 0070

The department is amending WAC 388-492-0040 “Can I choose whether I get WASHCAP food benefits or Basic Food benefits?” and WAC 388-492-0070 “How are my WASHCAP food benefits calculated?” to update  WASHCAP standards for Federal Fiscal Year 2017 to implement annual adjustments to standards for the Washington combined application Project (WASHCAP). These changes are necessary to ensure that the project remains cost neutral with Supplemental Nutrition Assistance Program (SNAP) benefits provided under the Washington Basic Food Program and in compliance with the 2014 Farm Bill.

Doug Sevin
(360) 725-4612
PERMANENT ADOPTION
WSR 16-24-034
Effective Date: December 31, 2016

WAC 388-478-0015

The Department is amending WAC 388-478-0015 “Need standards for cash assistance” to update the basic need standards for cash assistance programs

Doug Sevin
(360) 725-4612
PERMANENT ADOPTION
WSR 16-23-146
Effective Date: January 1, 2017

WAC 388-444-0075

The department is amending WAC 388-444-0075 “What are the penalties if I quit a job or reduce my work effort without good cause?” in order to reduce the penalty period for applying for Basic Food from sixty days to thirty days after voluntarily quitting a job or reducing work effort without good cause.

Doug Sevin
(360) 725-4612
PERMANENT ADOPTION
WSR 16-22-002
Effective Date: November 19, 2016

WAC 388-444-0035

The department is amending WAC 388-444-0035 “Who is exempt from the ABAWD time limits and minimum work requirements?” to strike provisions pertaining to Food Assistance Program for Legal Immigrants (FAP) that are inconsistent with state law for the Supplemental Nutrition Assistance Program (SNAP).

Doug Sevin
(360) 725-4612
PERMANENT ADOPTION
WSR 16-22-002
Effective Date: November 19, 2016

WAC 388-412-0015, 0020

The department is amending WAC 388-412-0020 and WAC 388-412-0015 to extend the timeframe in which the department issues ongoing monthly benefits for Basic Food, the Washington Combined Application Program (WASHCAP), the Food Assistance Program (FAP) for legal immigrants, and Transitional food assistance.

Doug Sevin
(360) 725-4612
PERMANENT ADOPTION
WSR 16-20-087
Effective Date: February 17, 2017

WAC 388-492-0040, 0070

The department is amending WAC 388-492-0040 “Can I choose whether I get WASHCAP food benefits or Basic Food benefits?” and WAC 388-492-0070 “How are my WASHCAP food benefits calculated?” to implement annual adjustments to standards for the Washington Combined Application Project (WASHCAP). These changes are necessary to ensure that the project complies with the requirements of 7 CFR 282.1 (a) to stay cost neutral with Supplemental Nutrition Assistance Program (SNAP) benefits provided under the Washington Basic Food Program.

Doug Sevin
(360) 725-4612
EMERGENCY ADOPTION
WSR 16-20-059
Effective Date: October 1, 2016

WAC 388-450-0185, 0190, 0195, 478-0060

The Department is amending WAC sections to implement annual adjustments to standards for the Washington Basic Food Program, including WAC 388-450-0185 “What income deductions does the department allow when determining if I am eligible for food benefits and the amount of my monthly benefits? “, WAC 388-450-0190 “How does the department figure my shelter cost income deduction for basic food?”, WAC 388-450-0195 “Does the department use my utility costs when calculating my basic food or WASHCAP benefits?”, and WAC 388-478-0060 “What are the income limits and maximum benefit amounts for basic food?”

Doug Sevin
(360) 725-4612
EMERGENCY ADOPTION
WSR 16-20-058
Effective Date: October 1, 2016

WAC 388-400-0047

The department is amending WAC 388-400-0047 “Am I eligible for the heat and eat program?”. The department proposes adding the Washington combined application project (WASHCAP) population to the Heat and Eat program to be consistent with federal requirements for the low income energy assistance program (LIHEAP) under the WASHCAP project renewal.

Doug Sevin
(360) 725-4612
EMERGENCY ADOPTION
WSR 16-20-057
Effective Date: October 1, 2016

WAC 388-493-0010

The department is amending WAC 388-493-0010 “Working family support” to extend the effective dates for the Working Family Support program.

Doug Sevin
(360) 725-4612
EMERGENCY ADOPTION
WSR 16-20-038
Effective Date: October 1, 2016

WAC 388-468-0005

The department is amending WAC 388-468-0005 to comply with Federal Regulations for residency requirements for Basic Food, the Washington Combined Application Program (WASHCAP), the Food Assistance Program (FAP) for legal immigrants, and Transitional food assistance. The amendments also clarify residency requirements for cash and medical programs.

Doug Sevin
(360) 725-4612
PERMANENT ADOPTION
WSR 16-19-026
Effective Date: October 14, 2016

WAC 388-442-0010

The department is amending WAC 388-442-0010 to conform to Federal Regulation changes regarding who is considered a fleeing felon. This amendment updates the department’s rules for determining who is a fleeing felon or breaking a condition of parole or probation and therefore ineligible for benefits. The amended rule is necessary to conform to new federal rule changes on this subject that went into effect November 2015.

Doug Sevin
(360) 725-4612
PERMANENT ADOPTION
WSR 16-18-062
Effective Date: October 2, 2016

WAC 388-442-0010

The department is amending WAC 388-442-0010 “How does being a fleeing felon impact my eligibility for benefits?” to comply with changes in federal regulations regarding who is considered ineligible for benefits.

Doug Sevin
(360) 725-4612
EMERGENCY ADOPTION
WSR 16-17-147
Effective Date: August 26, 2016

WAC 388-426-0005

The department is updating WAC 388-426-0005 “How do I make a complaint to the department?” with the correct information for contacting the United States Department of Agriculture (USDA) in order to file a Civil Rights complaint or receive more information. The update also changes the title of the USDA director, the phone number for USDA, and changes “Food Stamp Act” to “Food and Nutrition Act of 2008”.

Doug Sevin
(360) 725-4612
PERMANENT ADOPTION
WSR 16-14-049
Effective Date: July 30, 2016

WAC 388-442-0010

The department is amending WAC 388-442-0010 “How does being a fleeing felon impact my eligibility for benefits?” to comply with changes in federal regulations regarding who is considered ineligible for benefits.

Doug Sevin
(360) 725-4612
EMERGENCY ADOPTION
WSR 16-10-042
Effective Date: April 28, 2016

WAC 388-450-0200

The department is amending WAC 388-450-0200 to clarify the acceptability of medical marijuana expenses as an excess medical expense deduction so that it is applied consistently with federal regulations under Title 7 CFR §273.9 (d)(3)(B).

Doug Sevin
(360) 725-4612
PERMANENT ADOPTION
WSR 16-09-065
Effective Date: May 19, 2016

WAC 388-493-0010

The department is creating WAC 388-493-0010 “Working Family Support” in order to implement the Working Family Support program that will provide additional food assistance to qualifying low-income families.

Doug Sevin
(360) 725-4612
PERMANENT ADOPTION
WSR 16-08-034
Effective Date: May 1, 2016

WAC 388-444-0030

The Department is amending WAC 388-444-0030 to incorporate the annual update to Washington’s Supplemental Nutrition Assistance Program (SNAP) state plan concerning able-bodied adults without dependents (ABAWD) time-limits, work requirements, and waivers for all counties in Washington State except King, Snohomish, and most of Pierce County. The cities of Tacoma and Lakewood in Pierce County will remain exempt. The current ABAWD waiver expired December 31, 2015.

Doug Sevin
(360) 725-4612
PERMANENT ADOPTION
WSR 16-07-003
Effective Date: April 3, 2016

WAC 388-466-0150

The department is amending WAC 388-466-0150 "Refugee employment and training services" to allow more exemption criteria for refugee employment and training requirements.

Doug Sevin
(360) 725-4612
PERMANENT ADOPTION
WSR 16-05-034
Effective Date: March 15, 2016

WAC 388-444-0005, 0010, 0035

The Department is amending WAC 388-444-0005, WAC 388-444-0010, and WAC 388-444-0035 to align WAC with the Code of Federal Regulations (CFR). Proposed changes define Able-bodied Adults without Dependents (ABAWD) as a subset of work registrants, allow the Department to review work registration at recertification, and add policy regarding work registration and ABAWD exemptions related to inability to work.

Doug Sevin
(360) 725-4612
PERMANENT ADOPTION
WSR 16-04-046
Effective Date: February 27, 2016

WAC 388-14A-4200

The DSHS Division of Child Support (DCS) is amending WAC 388-14A-4200 in order to implement Senate Bill 5793 (Chapter 124, Laws of 2015), which amended RCW 26.18.190 effective July 24, 2015. SB 5793 amended RCW 26.18.190 to add a new subsection (3) providing as follows: “(3) When the veterans' administration apportions a veteran's benefits to pay child support on behalf of or on account of the child or children of the veteran, the amount paid for the child or children shall be treated for all purposes as if the veteran paid the benefits toward the satisfaction of that person's child support obligation for that period for which benefits are paid.”

Nancy Koptur
(360) 664-5065
PERMANENT ADOPTION
WSR 16-03-024
Effective Date: February 11, 2016

WAC 388-478-0015

The department is amending by permanent adoption WAC 388-478-0015 “Need standards for cash assistance” to revise the basic need standards for cash assistance. DSHS is required to establish standards of need for cash assistance programs on an annual basis per RCW 74.04.770.

Doug Sevin
(360) 725-4612
PERMANENT ADOPTION
WSR 16-03-013
Effective Date: February 8, 2016

WAC 388-400-0010

The department is amending WAC 388-400-0010, “Who is eligible for state family assistance?” to allow State Family Assistance (SFA) to be issued in certain situations to two-parent families that are otherwise eligible for Temporary Assistance for Needy Families (TANF). This change will not impact services or benefits to clients.

Doug Sevin
(360) 725-4612
PERMANENT ADOPTION
WSR 16-02-028
Effective Date: February 1, 2016

WAC 388-444-0030

The amendments under this filing incorporate the annual update to Washington’s Supplemental Nutrition Assistance Program (SNAP) state plan concerning Able-Bodied Adults Without Dependents (ABAWD) time-limits, work requirements, and waivers for certain geographic areas. The current ABAWD waiver is due to expire December 31, 2015. This rule filing is needed to reflect the new partial-state waiver in state code. Rules will also be amended to add clarification and remove unnecessary information.

Doug Sevin
(360) 725-4612
EMERGENCY ADOPTION
WSR 16-02-011
Effective Date: January 1, 2016

WAC 388-478-0020, 0035, 388-436-0050

The Community Services Division, Economic Services Administration is amending WAC 388-478-0020, “Payment standards for TANF, SFA, and RCA”, WAC 388-478-0035, “What are the maximum earned income limits for TANF, SFA, PWA and RCA?”, and WAC 388-436-0050, “Determining financial need and benefit amount for CEAP”. The department is amending the above WACs to implement a 9% increase in the payment standards for Temporary Assistance for Needy Families (TANF), State Family Assistance (SFA), and Refugee Cash Assistance (RCA), the financial need and benefit amount limits for the Consolidated Emergency Assistance Program (CEAP), and the maximum earned income limits for the TANF, SFA, RCA, and the Pregnant Women Assistance (PWA) programs. These rules were amended via emergency adoption on October 28, 2015 as WSR 15-22-037.

Jenny Grayum
(360) 725-4583
PERMANENT ADOPTION
WSR 16-01-093
Effective Date: January 15, 2016

WAC 388-450-0185, 0190, 0195, 388-478-0060

The Department is amending the following WACs to implement annual adjustments to standards for the Washington Basic Food Program: WAC 388-450-0185 “What income deductions does the department allow when determining if I am eligible for food benefits and the amount of my monthly benefits?”, WAC 388-450-0190 “How does the department figure my shelter cost income deduction for Basic Food?”, WAC 388-450-0195 “Does the Department use my utility costs when calculating my Basic Food or WASHCAP benefits?”, and WAC 388-478-0060 “What are the income limits and maximum benefit amounts for Basic Food?”

Jenny Grayum
(360) 725-4583
PERMANENT ADOPTION
WSR 15-24-075
Effective Date: December 26, 2015

Chapter 388-273 WAC

The Community Services Division is repealing all sections of Chapter 388-273 WAC related to the Washington Telephone Assistance Program (WTAP) as the program is not funded in the State of Washington 2015-2017 biennium Legislative Budget (ESSB 6052). These sections include WAC 388-273-0010 "Purpose of the Washington telephone assistance program", WAC 388-273-0020 "Who may receive Washington telephone assistance program (WTAP)?", WAC 388-273-0025 "Benefits you receive as a WTAP participant", WAC 388-273-0030 "How you can apply for WTAP", and WAC 388-273-0035 "What we reimburse the local telephone company".  RCW 80.36.470 prohibits enrollment in the Washington Telephone Assistance Program if program expenditures exceed the total amount of funds made available by the legislature. The Department is repealing the above rules because the Washington Telephone Assistance Program is not funded in the State of Washington 2015-2017 biennium Legislative Budget (ESSB 6052).

Jenny Grayum
(360) 725-4583
PERMANENT ADOPTION
WSR 15-24-064
Effective Date: December 25, 2015

WAC 388-310-1300

The Department is amending WAC 388-310-1300 to allow part-time participation in the Community Jobs program for single parents and caretaker relatives with a child under the age of six.

Jenny Grayum
(360) 725-4583
PERMANENT ADOPTION
WSR 15-24-057
Effective Date: January 1, 2016

WAC 388-310-0350, 388-484-0006

The Department is amending WAC 388-310-0350 and WAC 388-484-0006 to clarify WorkFirst exemption medical evidence and treatment requirements, and create a new type of TANF/SFA time limit extension for adults who are aged, blind, or disabled.

Jenny Grayum
(360) 725-4583
PERMANENT ADOPTION
WSR 15-24-056
Effective Date: January 1, 2016

WAC 388-14A-4200

The DSHS Division of Child Support (DCS) files this second CR-103E, Rule-Making Order, to adopt an emergency rule amending WAC 388-14A-4200 ("Do I get credit for dependent disability payments paid on my behalf to my children?") in order to implement Senate Bill 5793 (Chapter 124, Laws of 2015), which took effect on July 24, 2015. DCS adopted an emergency rule with effective date of July 24, 2015 under WSR 15-16-004; that emergency rule expires on November 20, 2015. This second emergency rule is necessary to maintain the status quo because the final rule cannot be made effective within the time of one emergency rule. At the same time, DCS is filing a CR-102, Notice of Proposed Rulemaking, as the next step in the regular rulemaking process to permanently amend WAC 388-14A-4200. DCS believes that the regular rulemaking process can be completed within the span of this second emergency filing.

Nancy Koptur
(360) 664-5065
EMERGENCY ADOPTION
WSR 15-24-013
Effective Date: November 20, 2015

WAC 388-400-0050

The Department is amending WAC 388-400-0050 to implement changes authorized by the Washington State Legislature. RCW 74.08A.120 authorizes the Food Assistance Program for Legal Immigrants (FAP). Section (3) states "The benefit under the state food assistance program shall be established by the legislature in the biennial operating budget." The 2016-2017 Biennial Budget (ESSB 6052), which passed the Legislature and was signed by the Governor, increased funding for FAP from 75% of the federal benefit level and set benefits at 100% of the federal food benefit level beginning July 1, 2015.  The amendments were made via emergency rulemaking under WSR 15-21-059, filed on October 19, 2015.

Jenny Grayum
(360) 725-4583
PERMANENT ADOPTION
WSR 15-23-096
Effective Date: December 18, 2015

WAC 388-273-0020, 0030

RCW 80.36.470 prohibits enrollment in the Washington Telephone Assistance Program (WTAP) if program expenditures exceed the total amount of funds made available by the legislature. The department is repealing the above rules because the WTAP program is not funded in the State of Washington 2015-2017 biennium Legislative Budget (ESSB 6052 207).

Leslie Kozak
(360) 725-4589
EMERGENCY ADOPTION
WSR 15-23-008
Effective Date: November 5, 2015

Chapter 388-410 WAC

The Department is amending sections under chapter 388-410 WAC "Benefit Error" to clarify how state and federal food assistance overpayments are established, calculated, and recovered. Amendments address and clarify the administrative hearings procedures for reviewing overpayment appeals and procedures for requesting an overpayment write-off, compromise, or termination through the Department. Hardship language is removed.  The changes also add reference to the state funded Food Assistance Program (FAP) to clarify that FAP is one of the food assistance programs covered by these rules.

Jenny Grayum
(360) 725-4583
PERMANENT ADOPTION
WSR 15-22-051
Effective Date: November 29, 2015

Chapter 388-436, 478 WAC

The department is amending the following rules to implement a 9% increase in the payment standards for TANF, SFA, RCA, and CEAP, and increase the maximum earned income limit by 9% for the TANF, SFA, RCA, PWA, and CEAP programs.

Jenny Grayum
(360) 725-4583
EMERGENCY ADOPTION
WSR 15-22-037
Effective Date: October 28, 2015

WAC 388-400-0050

The amendments under this filing incorporate the benefit level for the state-funded Food Assistance Program (FAP) for legal immigrants under the approved 2015-2016 biennial operating budget. RCW 74.08A.120 provides that the legislature shall set the benefit level for FAP in the biennial operating budget. These amendments are currently in effect via emergency rule-making filed on June 30, 2015 as WSR 15-14-115.

Jenny Grayum
(360) 725-4583
EMERGENCY ADOPTION
WSR 15-21-059
Effective Date: October 28, 2015

WAC 388-450-0185, 450-0190, 450-0195, 478-0060

The Department is required to use federally-prescribed income eligibility standards, which are revised effective October 1 of each year, as stated in 7 CFR s. 273.9.

Jenny Grayum
(360) 725-4583
EMERGENCY ADOPTION
WSR 15-20-040
Effective Date: October 1, 2015

WAC 388-400-0040

The department is amending WAC 388-400-0040 regarding the definition of "disabled" for Supplemental Nutrition Assistance Program (SNAP, or Basic Food in Washington) clients. The definition is amended to include clients that receive state general assistance benefits under chapter 388-449 WAC.

Jenny Grayum
(360) 725-4583
PERMANENT ADOPTION
WSR 15-19-099
Effective Date: October 18, 2015

WAC 388-444-0030

The Department is amending WAC 388-444-0030, "Do I have to work to be eligible for Basic Food benefits if I am an able-bodied adult without dependents (ABAWD)?" to extend the date for which the ABAWD Waiver applies. The amendments also align rules with the Code of Federal Regulations, specifically regarding living with a minor, participating at least 20 hours in a variety of activities, and replacing the Job Training Partnership Act terminology with the Workforce Innovation and Opportunity Act of 2014. These rule changes are not expected to impact eligibility and benefits for the Washington Basic Food program and the state-funded Food Assistance Program (FAP) for legal immigrants as these rules and procedures are already in effect and being applied to Basic Food eligibility decisions. Under RCW 74.08A.120, rules for FAP shall follow exactly the rules of the federal food stamp program (SNAP) except for the provisions pertaining to immigrant status.

Jenny Grayum
(360) 725-4583
PERMANENT ADOPTION
WSR 15-18-042
Effective Date: September 26, 2015

WAC 388-310-0800

The Community Services Division is amending WAC 388-310-0800, “WorkFirst – Support services.” to allow transportation allotments for other approved WorkFirst activities.

Jenny Grayum
(360) 725-4583
PERMANENT ADOPTION
WSR 15-18-024
Effective Date: September 25, 2015

Chapter 388-273 WAC

RCW 80.36.470 prohibits enrollment in the Washington Telephone Assistance Program (WTAP) if program expenditures exceed the total amount of funds made available by the legislature. The department is repealing the above rules because the WTAP program is not funded in the State of Washington 2015-2017 biennium Legislative Budget (ESSB 6052 207).

Leslie Kozak
(360) 725-4589
EMERGENCY ADOPTION
WSR 15-18-098
Effective Date: September 1, 2015

WAC 388-310-1300, 1500, 450-0050

The department is amending WAC 388-310-1300, WAC 388-310-1500, and WAC 388-450-0050 to reflect local minimum wage ordinances for the purposes of WorkFirst subsidized and unpaid employment programs.

Jenny Grayum
(360) 725-4583
PERMANENT ADOPTION
WSR 15-17-090
Effective Date: October 1, 2015

WAC 388-408-0040, 474-0012, 460-0010

The department is amending WAC 388-408-0040, WAC 388-474-0012, and WAC 388-460-0010 to update information and change references from Division of Developmental Disabilities (DDD) to Developmental Disabilities Administration (DDA), the new name for this division of the Department of Social and Health Services as of 2013.

Jenny Grayum
(360) 725-4583
PERMANENT ADOPTION
WSR 15-16-022
Effective Date: August 25, 2015

Chapter 388-273 WAC

The Community Services Division is repealing WAC 388-273-0020, "Who may receive Washington telephone assistance program (WTAP)?", and WAC 388-273-0030, "How you can apply for WTAP.".

Leslie Kozak
(360) 725-4589
EMERGENCY ADOPTION
WSR 15-16-074
Effective Date: July 31, 2015

Chapter 388-14A WAC

The DSHS Division of Child Support (DCS) files this CR-103E, Rule-Making Order, to adopt an emergency rule amending WAC 388-14A-4200 (“Do I get credit for dependent disability payments paid on my behalf to my children?”) in order to implement Senate Bill 5793 (Chapter 124, Laws of 2015), which takes effect on July 24, 2015. At the same time, DCS is filing a CR-101, Preproposal Statement of Inquiry, to commence the regular rulemaking process to permanently amend WAC 388-14A-4200. DCS hopes that the regular rulemaking process can be completed within the span of this emergency filing, but recognizes that the timelines under Chapter 34.05 RCW may require the adoption of a second emergency rule to maintain the status quo if the final rule cannot be made effective within that time.

Nancy Koptur
(360) 664-5065
EMERGENCY ADOPTION
WSR 15-16-004
Effective Date: July 24, 2015

WAC 388-400-0050

The amendments under this filing incorporate the benefit level for the state-funded Food Assistance Program (FAP) for legal immigrants under the approved 2015-2016 biennial operating budget. RCW 74.08A.120 provides that the legislature shall set the benefit level for FAP in the biennial operating budget.

Jenny Grayum
(360) 725-4583
EMERGENCY ADOPTION
WSR 15-14-115
Effective Date: July 1, 2015

WAC 388-478-0020, 478-0035, 436-0050

The Washington State 2015-17 biennial operating budget provides funding to increase the TANF payment standard by 9%. This increase will provide essential financial supports to needy families and their vulnerable children.

Jenny Grayum
(360) 725-4583
EMERGENCY ADOPTION
WSR 15-15-005
Effective Date: July 1, 2015

WAC 388-478-0006

The Community Services Division, Economic Services Administration is creating WAC 388-478-0006 to establish the Clothing, Personal Maintenance, and Necessary Incidentals (CPI) payment standard for cash assistance programs. Currently, the Department relies on WAC 182-515-1500 and WAC 182-513-1300 to establish the CPI payment standards for cash assistance. The Health Care Authority (HCA) plans to repeal both rules, since they pertain directly to cash assistance. The Department is establishing CPI standards in the WAC 388-478-0006, as supported by RCW 74.04.770.

Jenny Grayum
(360) 725-4583
PERMANENT ADOPTION
WSR 15-12-021
Effective Date: July 1, 2015

WAC 388-450-0085

This department is amending WAC 388-450-0085, “Does the department count all of my self-employment income to determine if I am eligible for benefits?”, to allow households with self-employment income and who receive cash and/or food assistance to take the greater of:  A standard 50% deduction from the gross self-employment income; or  A deduction consisting of actual verified and allowable cost of producing self-employment income. This rule replaces the current $100 standard self-employment income deduction for cost of doing business.

Jenny Grayum
(360) 725-4583
PERMANENT ADOPTION
WSR 15-09-135
Effective Date: August 1, 2015

WAC 388-418-0005

The Department of Social and Health Services (DSHS) is amending WAC 388-418-0005, "How will I know what changes to report?", to correct the policy concerning when categorically eligible (CE) Basic Food and Food Assistance Program (FAP) households must report changes in income during the certification period. These amendments are currently in effect via emergency rule-making filed on December 26, 2014 as WSR 15-02-010. A public hearing was held March 24, 2015. The permanent rule was filed April 9, 2015 and will be effective May 10, 2015. DSHS is removing outdated references to long term care, SSI-related medical, children’s medical, pregnancy medical and other medical benefits under this rule.

Jenny Grayum
(360) 725-4583
EMERGENCY ADOPTION
WSR 15-09-078
Effective Date: April 16, 2015

WAC 388-310-0300, 1450

The Department is amending by permanent adoption WAC 388-310-0300, "WorkFirst – Infant care exemptions for mandatory participants"; and WAC 388-310-1450, "Pregnancy to employment". These rule changes clarify WorkFirst participation requirements for clients utilizing WorkFirst infant exemption and the pregnancy to employment pathway.

Jenny Grayum
(360) 725-4583
PERMANENT ADOPTION
WSR 15-09-037
Effective Date: May 10, 2015

WAC 388-418-0005

The Department is amending WAC 388-418-0005, "How will I know what changes to report?", to correct the policy concerning when categorically eligible (CE) Basic Food and Food Assistance Program (FAP) households must report changes in income during the certification period. The Department is removing outdated references to long term care, SSI-related medical, children’s medical, pregnancy medical, and other medical benefits under this rule.

Jenny Grayum
(360) 725-4583
PERMANENT ADOPTION
WSR 15-09-036
Effective Date: May 10, 2015

WAC 388-414-0001, 468-0005

This department is amending WAC 388-414-0001 to fully incorporate requirements under Title 7 of the Code of Federal Regulations (CFR) §273.2 (j) related to categorical eligibility (CE) for the federal Supplemental Nutrition Assistance Program (SNAP) and the requirement to verify residency if questionable at application and recertification for certain households.

The department is also amending WAC 388-468-0005 to clarify that households considered Categorically Eligible (CE) based on the receipt of non-cash public assistance benefits (broad-based categorical eligibility) have the same state residency verification requirements as non-CE households and both household types can be out of state for more than one month and still be considered state residents.

Jenny Grayum
(360) 725-4583
PERMANENT ADOPTION
WSR 15-05-010
Effective Date: March 8, 2015

Chapters 388-412, 450, 470, 478 WAC

To update Basic Food standards for Federal Fiscal Year 2015 in order to comply with USDA FNS.

Jenny Grayum
(360) 725-4583
EMERGENCY ADOPTION
WSR 15-04-036
Effective Date: January 27, 2015

Chapter 388-449 WAC

These changes are necessary to conform to Senate Bill (SB) 6573, Laws of 2014, which restores the more restrictive ABD disability standard previously in place until December 31, 2013 by increasing the minimum duration from 9 to 12 months and consideration of an individual’s ability to perform past work from 10 to 15 years.

Jenny Grayum
(360) 725-4583
PERMANENT ADOPTION
WSR 15-03-031
Effective Date: February 12, 2015

Chapters 388-412, 450, 470, 478 WAC

The department is amending sections to implement annual adjustment standards for the Washington Basic Food Program.

Jenny Grayum
(360) 725-4583
PERMANENT ADOPTION
WSR 15-02-041
Effective Date: February 2, 2015

WAC 388-418-0005

The Department is amending WAC 388-418-0005, "How will I know what changes to report?", to correct the policy concerning when categorically eligible (CE) Basic Food and Food Assistance Program (FAP) households must report changes in income during the certification period. The Department is removing outdated references to long term care, SSI-related medical, children’s medical, pregnancy medical, and other medical benefits under this rule.

 

Jenny Grayum
(360) 725-4583
EMERGENCY ADOPTION
WSR 15-02-010
Effective Date: December 26, 2014
Title 388 WAC

Amendments in Chapter 388 WAC remove medical references, support the creation of the Housing and Essential Needs (HEN) Referral Program and remove references to the Alcohol and Drug Addiction Treatment and Support Act (ADATSA).

Jenny Grayum
(360) 725-4583
PERMANENT ADOPTION
WSR 15-02-006
Effective Date: January 26, 2015
WAC 388-478-0015

This rule filing is required by state law, RCW 74.04.770 which states the department must establish consolidated standards of need each year.

Jenny Grayum
(360) 725-4583
PERMANENT ADOPTION
WSR 14-24-072
Effective Date: January 1, 2015
WAC 388-450-0035

The department created WAC 388-400-0047 “Am I eligible for the Heat and Eat program?” to provide an energy assistance payment to select Basic Food and Food Assistance Program (FAP) for legal immigrant’s households who are not eligible for the Standard Utility Allowance income deduction for SNAP, do not receive the maximum monthly benefit for Basic Food or FAP, and are not receiving Basic Food through WASHCAP.

Bob Thibodeau
(360) 725-4634
PERMANENT ADOPTION
WSR 14-22-078
Effective Date: December 4, 2014
WAC 388-400-0047

The department created WAC 388-400-0047 “Am I eligible for the Heat and Eat program?” to provide an energy assistance payment to select Basic Food and Food Assistance Program (FAP) for legal immigrant’s households who are not eligible for the Standard Utility Allowance income deduction for SNAP, do not receive the maximum monthly benefit for Basic Food or FAP, and are not receiving Basic Food through WASHCAP.

Jenny Grayum
(360) 725-4583
PERMANENT ADOPTION
WSR 14-22-076
Effective Date: January 1, 2015
Chapter 388-492 WAC

The Department amended chapter 388-492 WAC to clarify the differences and similarities in definitions, eligibility requirements, reporting requirements, and benefit calculation for the Washington State Combined Application Program (WASHCAP) demonstration project and Basic Food.

Holly St. John
(360) 725-4895
PERMANENT ADOPTION
WSR 14-22-075
Effective Date: December 4, 2014
Chapter 388-406, 418, 424, 436, 450, 472, 473 WAC

Amendments in Chapter 388 WAC remove medical references, support the creation of the Housing and Essential Needs (HEN) Referral Program and remove references to the Alcohol and Drug Addiction Treatment and Support Act(ADATSA). These amendments are currently in effect via emergency rule-making filed on September 24, 2014 as WSR 14-20-042.

Jenny Grayum
(360) 725-4583
EMERGENCY ADOPTION
WSR 14-22-067
Effective Date: November 1, 2014
Chapter 388-449 WAC

Amendments are made to reduce the time period before closure of TANF/SFA due to failure to meet WorkFirst requirements without good cause, and to add home visitation prior to sanction for WorkFirst participants who fail to attend a good cause appointment.

Erik Peterson
(360) 725-4622
EMERGENCY ADOPTION
WSR 14-22-031
Effective Date: October 28, 2014
WAC 388-310-1600

Amendments are made to reduce the time period before closure of TANF/SFA due to failure to meet WorkFirst requirements without good cause, and to add home visitation prior to sanction for WorkFirst participants who fail to attend a good cause appointment.

Jenny Grayum
(360) 725-4583
PERMANENT ADOPTION
WSR 14-20-104
Effective Date: November 1, 2014
WAC 388-450-0162

Amendments are made to apply the 50% income disregard to countable unearned as well as earned income for the purpose of Child-Only TANF means testing only.

Jenny Grayum
(360) 725-4583
PERMANENT ADOPTION
WSR 14-20-042
Effective Date: November 1, 2014
WAC 388-436-0002

Amendments are made to increase the amount of Additional Requirements for Emergent Needs (AREN) payments that can be issued from a $750.00 maximum lifetime limit to a $750.00 maximum in a 12-month period.

Jenny Grayum
(360) 725-4583
PERMANENT ADOPTION
WSR 14-19-027
Effective Date: October 9, 2014
Title 388 WAC

Amendments in multiple chapters to implement annual adjustments to standards for the Washington Basic Food Program

Jenny Grayum
(360) 725-4583
EMERGENCY ADOPTION
WSR 14-20-103
Effective Date: October 1, 2014
Title 388 WAC

Amendments in Title 388 WAC remove medical references, support the creation of the Housing and Essential
Needs (HEN) Referral Program and remove references to the Alcohol and Drug Addiction Treatment and Support Act
(ADATSA).

Jenny Grayum
(360) 725-4583
EMERGENCY ADOPTION
WSR 14-20-043
Effective Date: September 24, 2014
WAC 388-444-0030, 0040

These changes extend the date for which the ABAWD Waiver applies, as well as to clarify the verbiage of Workfare as related to work requirements for ABAWDs.

Jenny Grayum
(360) 725-4583
PERMANENT ADOPTION
WSR 14-18-028
Effective Date: September 26, 2014
WAC 388-414-0001

These rule changes are not expected to impact eligibility and benefits for the Washington Basic Food program and the state funded Food Assistance Program (FAP) for legal immigrants as these rules and procedures are already in effect and being applied to Basic Food eligibility decisions.

Jenny Grayum
(360) 725-4583
PERMANENT ADOPTION
WSR 14-15-070
Effective Date: August 15, 2014