Economic Services Administration

WACs 388-439-0020 & 388-439-0025

The department is extending emergency amendments to the following WAC sections to more accurately align Pandemic EBT (P-EBT) program rules with federal regulations. WAC 388-439-0020, “Eligibility for pandemic EBT benefits for children under age six.” and 388-439-0025, “Eligibility for pandemic EBT benefits during the 2023 summer period.” These amendments are necessary to address discrepancies between WAC and federal regulations. Emergency rules have been in place since December 18, 2023, under WSR 24-01-090. The department is concurrently proceeding with the permanent rule change process. Refer to CR-101 filed as WSR 24-01-094 on December 18, 2023, and CR 102 filed as WSR 24-07-076 on March 18, 2024.

Angela Aikins 

Roanne Harris (360) 870-8059

WACs 388-447-0001 & 388-449-0001

The department is adopting amendments to the following WAC sections:  WAC 388-447-0001 “What are the incapacity requirements for referral to the housing and essential needs (HEN) program?” and 388-449-0001 “What are the disability requirements for the aged, blind, or disabled (ABD) program?” These amendments clarify program rules regarding disability requirements for ABD cash and incapacity requirements for the HEN Referral program. A supplemental CR-102 filed under WSR 24-03-151 addressed formal comments made after the first public comment period.

Deanna Ballard (360) 338-2896

Roanne Harris (360) 870-8059

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

The department is adopting amendments to the following WAC sections:  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?”, 388-450-0190 “How does the department figure my shelter cost income deduction for basic food?”, 388-450-0195 “Does the department use my utility costs when calculating my basic food or WASHCAP benefits?”, and 388-478-0060 “What are the income limits and maximum benefit amounts for basic food?” These amendments comply with federal laws that pertain to cost-of-living adjustments and updated utility values for the Basic Food program for federal fiscal year 2024. Related emergency rules are currently in place (effective October 1, 2023) under WSR 24-03-150. When effective, this permanent adoption will supersede the emergency rules. 

Angela Aikins 

Roanne Harris (360) 870-8059

WAC 388-478-0055

The department is adopting amendments to WAC 388-478-0055, “How much do I get from my state supplemental payments (SSP)?” Federal law requires the department to maintain a minimum threshold of state spending towards SSI state supplement payment (SSP) benefits each calendar year in order to continue to draw down federal Medicaid funds. The department may propose modifying rules in order to stay within available state funds to support this requirement. These amendments also clarify cost-of-living-adjustments to SSP standards for medically institutionalized recipients of SSI, as determined by the Social Security Administration. Related emergency rules (for the COLA portion of this proposed change) are currently in effect under WSR 24-02-041. When effective, this permanent filing supersedes the emergency rule filed under WSR 24-02-041.

Melissa Kenney (360) 764-3272

Roanne Harris (360) 870-8059

WAC 388-436-0065

The department is adopting amendments to WAC 388-436-0065 “What is the pandemic emergency assistance fund (PEAF)?” These housekeeping amendments clarify the federal poverty level (FPL) year when considering PEAF eligibility, and do not change the effect of the rule.

Melissa Kenney (360) 764-3272

Roanne Harris (360) 870-8059

WACs 388-444-0030 & 388-444-0035

The department is adopting amendments to the following WAC sections: 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?” and 388-444-0035, “Who is exempt from ABAWD time limits and minimum work requirements?” These amendments are necessary to comply with federal regulatory changes under the Fiscal Responsibility Act of 2023, effective September 1, 2023. Related emergency rules are currently in effect under WSR 24-01-133. When effective, this permanent rule will supersede the emergency rule filed as WSR 24-01-133.

Angela Aikins 

Roanne Harris (360) 870-8059

WACs 388-412-0025, 388-450-0162, 388-450-0200, 388-450-0225, 388-473-0010, 388-473-0040, 388-473-0050, 388-473-0070, 388-473-0080 & 388-478-0050

The department is adopting amendments to these WAC sections. Effective April 1, 2024, these amendments expand potential eligibility of Ongoing Additional Requirements (OAR) to individuals with an incapacity (under WAC 388-400-0070). These amendments also increase payment standards for existing OAR benefits and create new benefits to assist with things such as transportation and medical related items not covered by insurance. The Operating Budget includes funding to support this change (ESSB 5187: Chapter 475, Laws of 2023).
 

Deanna Ballard (360) 338-2896

Roanne Harris (360) 870-8059

WAC 388-310-1600

The Department is adopting amendments to WAC 388-310-1600, "WorkFirst-Sanctions." These amendments support implementation of Second Substitute House Bill 1447 (Chapter 418, Laws of 2023), which adds a good cause reason for failure to participate in WorkFirst program activities if a recipient is experiencing a hardship as defined by the department in rule.
Related emergency rules are currently in effect under WSR 23-23-093. When effective, this permanent rule will supersede the emergency rule filed as WSR 23-23-093.

Melissa Kenney (360) 764-3272

Roanne Harris (360) 870-8059

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

The Department is extending emergency amendments to the following WACs: 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?”, 388-450-0190 “How does the department figure my shelter cost income deduction for basic food?”, 388-450-0195 “Does the department use my utility costs when calculating my basic food or WASHCAP benefits?”, and 388-478-0060 “What are the income limits and maximum benefit amounts for basic food?” Extension of these amendments is necessary to reflect cost-of-living adjustments and updated utility values for the Basic Food program, effective October 1, 2023.

Angela Aikins 

Roanne Harris (360) 870-8059

WAC 388-478-0055

The department is adopting emergency amendments to WAC 388-478-0055 “How much do I get from my state supplemental payments (SSP)?” These amendments clarify the cost-of-living-adjustment (COLA) to state supplemental payment (SSP) standards for medically institutionalized recipients of SSI, as determined by the Social Security Administration.

Melissa Kenney (360) 764-3272

Roanne Harris (360) 870-8059

WACs 388-416-0005 & 388-418-0011

The department is adopting emergency amendments to the following WAC sections: WAC 388-416-0005 “How long can I get Basic Food?” and 388-418-0011 “What is a mid-certification review, and do I have to complete one in order to keep receiving benefits?” These amendments are necessary to comply with the approved federal waiver for the Elderly Simplified Application Project (ESAP), extending the Basic Food certification period from 12 months to 36 months for households where all members are age 60 or older and/or disabled adults with no earned income.
 

Angela Aikins 

Roanne Harris (360) 870-8059

WACs 388-444-0030 & 388-444-0035

The department is extending emergency amendments to the following WAC sections: 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?” and 388-444-0035, “Who is exempt from ABAWD time limits and minimum work requirements?” These amendments are necessary to comply with federal regulatory changes under the Fiscal Responsibility Act of 2023, effective September 1, 2023.
 

Angela Aikins 

Roanne Harris (360) 870-8059

WACs 388-439-0020 & 388-439-0025

The department is adopting emergency amendments to the following WAC sections to more accurately align Pandemic EBT (P-EBT) program rules with federal regulations. WAC 388-439-0020, “Eligibility for pandemic EBT benefits for children under age six.” and 388-439-0025, “Eligibility for pandemic EBT benefits during the 2023 summer period.”

Angela Aikins 

Roanne Harris (360) 870-8059

WACs 388-447-0120 & 388-449-0220

The Department is adopting amendments to the following WAC sections: 388-447-0120, “How does substance use affect my eligibility for referral to the housing and essential needs (HEN) program?” and 388-449-0220, “How does substance use affect my eligibility for the aged, blind, or disabled (ABD) cash and pregnant women assistance (PWA) programs?” These amendments implement provisions of Engrossed Substitute House Bill 1260 (Chapter 289, Laws of 2023) that expand circumstances where good cause for failing to participate in substance use disorder assessment or treatment as a condition of eligibility must be found for the ABD, HEN Referral, and PWA programs.
 

Melissa Kenney (360) 764-3272

Roanne Harris (360) 870-8059

WACs 388-484-0005 & 388-484-0006

The Department is adopting amendments to the following WAC sections to remove the 60-month time limit for child-only TANF and SFA households with an ineligible parent, per Second Substitute House Bill 1447 (Chapter 418, Laws of 2023). WAC 388-484-0005, “There is a five-year (sixty-month) time limit for TANF, SFA, and GA-S cash assistance.” and 388-484-0006, “TANF/SFA time limit extensions.” These amendments are currently in effect (since July 1, 2023) via emergency rules under WSR 23-22-007.

Melissa Kenney (360) 764-3272

Roanne Harris (360) 870-8059

WACs 388-474-0012 & 388-478-0055

The Department is adopting amendments to the following WAC sections: 388-474-0012, “What is the state supplemental payment and who can get it?” and 388-478-0055, “How much do I get from my state supplemental payments (SSP)?” These amendments provide clarity regarding the State Supplemental Payment (SSP) standard rate for individuals receiving care in a medical institution or residential setting. The SSP rate is based off the Washington state institutional personal needs allowance standard which increased on July 1, 2023, due to the passage of House Bill 1128 (Chapter 201, Laws of 2023). These amendments are currently in effect via emergency rules under WSR 23-22-015.
 

Melissa Kenney (360) 764-3272

Roanne Harris (360) 870-8059

WACs 388-418-0005, 388-470-0005, 388-470-0045 & 388-470-0070

The department is adopting amendments to the following WAC sections: 388-418-0005 “How will I know what changes to report?”, 388-470-0005 “How do resources affect my eligibility for cash assistance and basic food?”, 388-470-0045 “How do my resources count toward the resource limits for cash assistance?”, and 388-470-0070 “How vehicles are counted toward the resource limit for cash assistance.” Effective February 1, 2024, these amendments will expand resource exemptions for CSD cash programs and increase the cash resource limit from $6,000 to $12,000. These amendments are necessary to implement Second Substitute House Bill 1447 (Chapter 418, Laws of 2023). Amendments also make additional changes to improve clarity, update policy, or better align rule language with state and federal law or regulations.

Melissa Kenney (360) 764-3272

Roanne Harris (360) 870-8059

WACs 388-408-0035, 388-450-0140, 388-489-0005 & 388-489-0010

The department is adopting amendments to the following sections: WAC 388-408-0035, Who is in my assistance unit for basic food?, 388-450-0140, How does the income of an ineligible assistance unit member affect my eligibility and benefits for basic food?, 388-489-0005, Who is eligible for transitional food assistance?, and 388-489-0010, How is my transitional food assistance benefit calculated? Effective January 1, 2024, these changes implement Substitute Senate Bill 5785 (Chapter 98, Laws of 2022) to provide Transitional Food Assistance (TFA) for a period of five months to households that stop receiving Temporary Assistance for Needy Families and are not in full-family sanction status. If a household member has been in sanction, but the household is still receiving benefits, the remaining eligible household members may receive TFA.

Angela Aikins 

Roanne Harris (360) 870-8059

WAC 388-412-0040

The department is adopting amendments to WAC 388-412-0040, “Can I get my benefits replaced?” These amendments are necessary to implement section 501 of the 2023 Consolidated Appropriations Act, which allows replacement of stolen food benefits for households who are victims of skimming, cloning, or similar fraudulent methods of EBT theft. These amendments are currently in place under emergency rule filed as WSR 23-17-123.

Angela Aikins 

Roanne Harris (360) 870-8059

WAC 388-310-1600

The department is extending emergency amendments to WAC 388-310-1600, WorkFirst-Sanctions. These amendments expand good cause for not participating in WorkFirst program activities if a recipient is experiencing a hardship as defined in rule. These amendments support public health, safety, and welfare by supporting WorkFirst families who are experiencing hardship. These amendments are necessary to implement Second Substitute House Bill 1447 (Chapter 418, Laws of 2023), effective July 23, 2023.

Melissa Kenney (360) 764-3272

Roanne Harris (360) 870-8059

WACs 388-447-0120 & 388-449-0220

The department is extending emergency amendments to WAC 388-447-0120, “How does alcohol or drug dependence affect my eligibility for referral to the housing and essential needs (HEN) program?”, and WAC 388-449-0220, “How does alcohol or drug dependence affect my eligibility for the ABD cash and pregnant women assistance programs?” to expand good cause reasons for not participating in substance use disorder assessment or treatment as a condition of eligibility for the Aged, Blind, or Disabled (ABD), Housing and Essential Needs (HEN) Referral, and Pregnant Women Assistance programs. These amendments are necessary to implement Engrossed Substitute House Bill 1260 (Chapter 289, Laws of 2023), effective July 23, 2023.
 

Melissa Kenney (360) 764-3272

Roanne Harris (360) 870-8059

WACs 388-436-0050, 388-478-0020, 388-478-0027, 388-478-0033 & 388-478-0035

The Department is amending the following WAC sections: WAC 388-436-0050, “Determining financial need and benefit amount for CEAP.”, 388-478-0020, “Payment standards for TANF, SFA, and RCA.”, 388-478-0027, “What is the payment standard for pregnant women assistance (PWA)?”, 388-478-0033, “What are the payment standards for aged, blind, or disabled (ABD) cash assistance?”, and  388-478-0035, “What are the maximum earned income limits for TANF, SFA, PWA, and RCA?” Effective January 1, 2024, these amendments implement an 8% payment standard increase for the Temporary Assistance for Needy Families (TANF), State Family Assistance (SFA), Refugee Cash Assistance (RCA), Aged, Blind, or Disabled (ABD), and Pregnant Women Assistance (PWA) programs, as approved via the 2024-2025 Operating Budget. The amendments also update net income limits and allowable benefit amounts for the Consolidated Emergency Assistance Program.

Melissa Kenney (360) 764-3272

Roanne Harris (360) 870-8059

WACs 388-474-0012 & 388-478-0055

The Department is extending emergency amendments to WAC 388-474-0012, “What is a state supplemental payment and who can get it?”, and 388-478-0055, “How much do I get from my state supplemental payments (SSP)?” These amendments update the SSP standard rate for individuals who are receiving care in a medical institution or residential setting. This rate is based off the Washington state institutional personal needs allowance (PNA) standard which increased due to the passage of HB 1128 (Chapter 201, Laws of 2023), effective July 1, 2023. These amendments, which are currently in place via emergency rule making order filed as WSR 23-14-065, update the SSP standard rate for individuals who are receiving care in a medical institution or residential setting. The Department is actively undertaking procedures to permanently adopt these amendments. Refer to CR-101 filed as WSR 23-14-068 on June 28, 2023, and CR-102 filed as WSR 23-17-121 on August 18, 2023.

Melissa Kenney (360) 764-3272

Roanne Harris (360) 870-8059

WACs 388-484-0005 & 388-484-0006

The department is extending emergency amendments to WAC 388-484-0005, “There is a five-year (sixty-month) time limit for TANF, SFA, and GA-S cash assistance.”, and 388-484-0006, “TANF/SFA time limit extensions.”, to remove the 60-month time limit for child-only TANF and SFA households with an ineligible parent. These amendments meet implementation requirements for 2SHB 1447 (Chapter 418, Laws of 2023), allowing certain families exceeding the 60-month lifetime TANF time limit access to benefits needed to sustain basic needs. The department is concurrently proceeding with the permanent rule-making process. Refer to CR-101 filed as WSR 23-13-093 on June 20, 2023, and CR-102 WSR 23-20-101 was filed on October 3, 2023.
 

Melissa Kenney (360) 764-3272

Roanne Harris (360) 870-8059

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

The Department is adopting emergency amendments to 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?, 388-450-0190, How does the department figure my shelter cost income deduction for basic food?, 388-450-0195, Does the department use my utility costs when calculating my basic food or WASHCAP benefits?, and 388-478-0060, What are the income limits and maximum benefit amounts for basic food?. The department is concurrently proceeding with the permanent rule-making process.
 

WACs 388-439-0005, 388-439-0015, 388-439-0020 & 388-439-0025

The department is adopting WAC Chapter 388-439, “Pandemic EBT (P-EBT) Program” to include WAC 388-439-0005, “What is the pandemic EBT program?”, 388-439-0015, “General information about pandemic EBT benefits” 388-439-0020, “Eligibility of pandemic EBT benefits for children under age six”, and 388-439-0025, “Eligibility of pandemic EBT benefits during the 2023 summer period”.

Adoption of these rules supports implementation and extension of the Pandemic EBT program (as allowed under Section 1101 of H.R. 6201, Families First Coronavirus Response Act-and amended by Section 1108 of H.R. 1319, American Rescue Plan Act of 2021). The supplemental CR-102 filing under WSR 23-15-080 reflects USDA Food and Nutrition Service’s (FNS) recent approval of Washington’s P-EBT state plan for children in childcare for School Year 2022-2023 and Washington’s P-EBT state plan for summer 2023.

Troy Burgess (360) 725-4634 

Roanne Harris (360) 870-8059

WAC 388-414-0001

The Department is amending WAC 388-414-0001, Do I have to meet all eligibility requirements for basic food? These amendments replace an obsolete link with an updated Health and Human Services Poverty Guideline URL and do not change the effect of the rule.

Troy Burgess (360) 725-4634 

Roanne Harris (360) 870-8059

WACs 388-444-0030 & 388-444-0035

The department is amending 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?” and 388-444-0035 “Who is exempt from ABAWD time limits and minimum work requirements?” Adoption of these emergency amendments is necessary to comply with federal regulatory changes under the Fiscal Responsibility Act of 2023, effective September 1, 2023. The department is concurrently proceeding with the permanent rule change process.
 

Troy Burgess (360) 725-4634 

Roanne Harris (360) 870-8059

WACs 388-458-0040 & 388-494-0010

The department is adopting amendments to WAC 388-458-0040, “What happens if I ask for an administrative hearing before the change happens?” and creating WAC Chapter 388-494: Diaper Related Payments; 388-494-0010, “What is the diaper related payment?” Effective November 1, 2023, these amendments authorize issuance of diaper related payments to TANF and SFA households with a child under three years old, in compliance with SSB 5838 (Chapter 100, Laws of 2022).

WAC 388-412-0040

The department is adopting emergency amendments to WAC 388-412-0040, Can I get my benefits replaced? These amendments authorize replacement of Supplemental Nutrition Assistance Program (SNAP) and Food Assistance Program (FAP) benefits due to EBT card skimming, cloning, or other similar fraudulent methods. In addition, the amendments update WAC language to better align with federal rules, as needed. These amendments are necessary to comply with Title IV, Section 501 of the Consolidated Appropriation Act 2023. Emergency adoption of these rules is necessary to authorize implementation for replacing SNAP and FAP benefits stolen due to EBT card skimming, cloning, and similar fraudulent activity. This protects the health, safety, and general welfare by supporting access to public assistance.

WAC 388-446-0015

The department is adopting amendments to WAC 388-446-0015, “What is an Intentional program violation (IPV) and administrative disqualification hearings (ADH) for basic food?” These amendments align with federal regulations in 7CFR 273.16(e)(3) regarding administrative disqualification hearing notices and actions related to trafficked benefits.

WAC 388-450-0185

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?” These amendments correct a typographical error within the WAC.

WAC 388-310-1600

The department is adopting emergency amendments to WAC 388-310-1600, WorkFirst-Sanctions. These amendments expand good cause for not participating in WorkFirst program activities if a recipient is experiencing a hardship as defined in rule. These amendments are necessary to implement Second Substitute House Bill 1447 (Chapter 418, Laws of 2023), effective July 23, 2023. These amendments support public health, safety, and welfare by supporting WorkFirst families who are experiencing hardship. The department is concurrently proceeding with the permanent rule-making process. Refer to CR-101 filed as WSR 23-13-025 on June 9, 2023.

WACs 388-447-0120 & 388-449-0220

The department is adopting emergency amendments to WAC 388-447-0120, How does alcohol or drug dependence affect my eligibility for referral to the housing and essential needs (HEN) program?, and 388-449-0220, How does alcohol or drug dependence affect my eligibility for the ABD cash and pregnant women assistance programs?, to expand good cause reasons for not participating in substance use disorder assessment or treatment as a condition of eligibility for the Aged, Blind, or Disabled (ABD), Housing and Essential Needs (HEN) Referral, and Pregnant Women Assistance programs. These amendments are necessary to implement Engrossed Substitute House Bill 1260 (Chapter 289, Laws of 2023), effective July 23, 2023. The Department is concurrently proceeding with the permanent rule-making process. Refer to CR-101 filed as WSR 23-13-026 on June 9, 2023.

WACs 388-439-0005, 388-439-0015, 388-439-0020 & 388-439-0025

The department is extending emergency adoption of WAC 388-439-0005, What is the pandemic EBT program?, 388-439-0015, General information about pandemic EBT benefits, 388-439-0020, Eligibility for pandemic EBT benefits for children under age six, and 388-439-0025, Eligibility for pandemic EBT benefits during the 2023 summer period, to support continued implementation of the Pandemic EBT (P-EBT) program. States are authorized to implement P-EBT under approved plans as long as there is a federal public health emergency designation (as allowed under Section 1101 of H.R. 6201, Families First Coronavirus Response Act, as amended by Section 1108 of H.R. 1319, American Rescue Plan Act of 2021). Changes to these emergency rules are needed per recent approval from USDA Food and Nutrition Service (FNS) regarding Washington’s P-EBT State Plan for Children in Child Care for School Year 2022-2023 and Washington’s P-EBT State Plan for Summer 2023.

WACs 388-484-0005 & 388-484-0006

The Department is amending WAC 388-484-0005, There is a five-year (sixty-month) time limit for TANF, SFA, and GA-S cash assistance, 388-484-0006, TANF/SFA time limit extensions and other related rules as may be required. Effective July 1, 2023, these amendments remove the 60-month time limit for child-only TANF and SFA households with an ineligible parent, per 2SHB 1447 (Chapter 418, Laws of 2023).

WACs 388-474-0012 & 388-478-0055

The department is amending WAC 388-474-0012, What is a state supplemental payment and who can get it?, and WAC 388-478-0055, How much do I get from my state supplemental payments (SSP)? These amendments will update the SSP standard rate for individuals who are receiving care in a medical institution or residential setting. This rate is based off the Washington state institutional personal needs allowance (PNA) standard which will increase due to the passage of HB 1128 (Chapter 201, Laws of 2023), effective July 1, 2023.

WAC 388-478-0015

The department is amending WAC 388-478-0015, Need Standards for Cash Assistance. RCW 74.04.770 requires the department to annually update standards of need using an existing, broadly-used national standard. Amendments reflect this required update using the University of Washington Center for Women’s Welfare Self-Sufficiency Standard.

WAC 388-484-0006

The Department is adopting amendments to WAC 388-454-0006. The department makes background checks on adults who are acting in place of a parent without court-ordered custody. These amendments clarify eligibility requirements for TANF and State Family Assistance “in loco parentis” households and outline DSHS responsibilities when supporting these families.

WAC 388-61-001

The department is adopting amendments to WAC 388-61-001, How does the Family Violence Amendment affect me if I am getting TANF/SFA? to update an incorrect statutory reference for the definition of “family or household member”.

WACs 388-439-0005, 388-439-0015, 388-439-0020, and 388-439-0025

The department is extending emergency adoption of WAC 388-439-0005, What is the pandemic EBT program?; WAC 388-439-0015, General information about pandemic EBT benefits; WAC 388-439-0020, Eligibility for pandemic EBT benefits for children under age six; and WAC 388-439-0025, Eligibility for pandemic EBT benefits during the 2022 summer period, to support continued implementation of the Pandemic EBT (P-EBT) program. States are authorized to implement P-EBT under approved plans as long as there is a federal public health emergency designation (as allowed under Section 1101 of H.R. 6201, Families First Coronavirus Response Act, as amended by Section 1108 of H.R. 1319, American Rescue Plan Act of 2021). Emergency adoption of these rules is necessary to support continued implementation of the P-EBT program which protects the health, safety, and general welfare of Washington residents by supporting access to public assistance.
 

WACs 388-412-0015, 388-450-0185, 388-450-0190, 388-450-0195, 388-470-0005 & 388-478-0060

The department is adopting amendments to WAC 388-412-0015, General information about your food assistance allotments., 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?, 388-450-0190, How does the department figure my shelter cost income deduction for basic food?, 388-450-0195, Does the department use my utility costs when calculating my basic food or WASHCAP benefits?, 388-470-0005, How do resources affect my eligibility for cash assistance and basic food? and 388-478-0060, What are the income limits and maximum benefit amounts for basic food? These amendments comply with federal laws that pertain to cost-of-living adjustments and updated utility values for the Basic Food program for federal fiscal year 2023. These amendments have been in place via emergency adoption since October 1, 2022, under WSR 22-20-070 and WSR 23-04-051.

WAC 388-437-0015

The department is repealing WAC 388-437-0015, Good cause extension of Social Security number (SSN) requirement for basic food applicants during COVID-19. The federal COVID-19 flexibility waiver that authorized this WAC expired September 30, 2022.

WAC 388-460-0005

The department is adopting amendments to WAC 388-460-0005, Can I choose someone to apply for basic food for my assistance unit? to more accurately align rule language with statewide protocol for approving authorized representatives to apply for Basic Food assistance for an assistance unit in which they are not a member.

WAC 388-444-0055

The department is adopting amendments to WAC 388-444-0055, What are the penalties if I refuse or fail to meet basic food work requirements?” to more accurately align with federal regulations related to Basic Food disqualification, and clarify that a Basic Food sanction can be lifted effective the first of the following month when a client meets work requirements or becomes exempt from work requirements during a Basic Food sanction.

WAC 388-464-0001

The department is adopting amendments to WAC 388-464-0001, Am I required to cooperate with quality control? These amendments more accurately align with federal regulations related to quality control for the Supplemental Nutrition Assistance Program (SNAP), and specifically clarify which programs these requirements apply to.

WACs 388-450-0015, 388-470-0045 & 388-470-0055

The department is amending WAC 388-450-0015, What types of income are not used by the department to figure out my benefits?; 388-470-0045, How do my resources count toward the resource limits for cash assistance?; and 388-470-0055, How do my resources count toward the resource limit for basic food? to clarify how the Washington Working Families Tax Credit will be treated for purposes of cash and food assistance program eligibility.

WACs 388-310-0100 & 388-450-0165

The Department is adopting amendments to WAC 388-310-0100, WorkFirst-Purpose, and 388-450-0165, Gross earned income limit for TANF/SFA, to revise obsolete policy language that was not updated when related TANF laws changed in 1999. With the passage of Public Law 104-193, there is no longer a requirement under federal law for a pregnant person with no other eligible child to be in their third trimester to qualify for TANF. In addition, these amendments remove references to “general assistance for pregnant women” which is not a current assistance program that provides WorkFirst services.

WACs 388-412-0015, 388-450-0185, 388-450-0190, 388-450-0195, 388-470-0005 & 388-478-0060

The Department is extending emergency amendments to WAC 388-412-0015, General information about your food assistance allotments, 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?, 388-450-0190, How does the department figure my shelter cost income deduction for basic food?, 388-450-0195, Does the department use my utility costs when calculating my basic food or WASHCAP benefits?, 388-470-0005, How do resources affect my eligibility for cash assistance and basic food?, and 388-478-0060, What are the income limits and maximum benefit amounts for basic food?

The US Department of Agriculture, Food, and Nutrition Services issued annual updates to standards for federal fiscal year 2023, effective October 1, 2022. These updates affect the standard deduction, shelter deduction, homeless shelter deduction, utility deduction, minimum and maximum allotments, and resource limits for the Basic Food program.

WACs 388-424-0001, 388-424-0020 & 388-466-0005

The department is adopting amendments to WAC 388-424-0001, Citizenship and immigration status – Definitions, 388-424-0020; How does my alien status impact my eligibility for federally funded basic food benefits? And 388-466-0005, Immigration status requirements for refugee cash assistance. These amendments are necessary to align department policies with federal legislation and authorization from the Office of Refugee Resettlement which expands eligibility for federally funded benefits to Humanitarian Parolee arrivals displaced from Ukraine. Emergency amendments to implement this change took effect June 24, 2022, under WSR 22-14-020, and extended under WSR 22-21-092 filed on October 17, 2022. This CR103P filing supersedes the emergency filed as WSR 22-21-092.

WACs 388-400-0030, 388-466-0120 & 388-466-0150

The department is adopting amendments to WAC sections 388-400-0030, Who is eligible for refugee cash assistance?, 388-466-0120, Refugee cash assistance (RCA), and 388-466-0150, Refugee employment and training services. These amendments are necessary to align department policies with authorization from the Office of Refugee Resettlement (ORR) to expand the eligibility period for Refugee Cash Assistance (RCA) from 8 months to 12 months pursuant to 45 CFR §400.211 and ORR P.L. 22-12. Amendments to implement this change (effective June 2, 2022) are currently in place via emergency adoption (see WSR 22-13-013 and WSR 20-20-071).

WAC 388-412-0040

The department is adopting emergency amendments to WAC 388-412-0040, “Can I get my benefits replaced” to issue replacement benefits to households whose cash benefits were either cloned or skimmed between March 1, 2022, and December 31, 2022. Loss in benefits must be reported to or verified by the department no later than March 31, 2023, and the department will provide a one-time replacement of no more than $300. Emergency adoption of these amendments is necessary to issue replacement benefits to households whose cash benefits were either cloned or skimmed between March 1, 2022 and December 31, 2022.

WACs 388-400-0060, 388-400-0070, 388-434-0005, 388-449-0001, 388-449-0150, 388-449-0200, 388-452-0005, 388-478-0006, & 388-478-0033

The department is adopting amendments to the following WAC sections: 388-400-0060, Who is eligible for aged, blind, or disabled (ABD) cash assistance?, 388-400-0070, Who is eligible for referral to the housing and essential needs (HEN) program?, 388-434-0005, How often does the department review my eligibility for benefits?, 388-449-0001, What are the disability requirements for the aged, blind, or disabled (ABD) program?, 388-449-0150, When does my eligibility for aged, blind, or disabled (ABD) cash benefits end?, 388-449-0200, Am I eligible for cash assistance for aged, blind, or disabled (ABD) while waiting for supplemental security income (SSI)?, 388-452-0005, Do I have to be interviewed in order to get cash and basic food benefits?, 388-478-0006, The clothing, personal maintenance, and necessary incidentals (CPI) payment standard for cash assistance, and 388-478-0033, What are the payment standards for aged, blind, or disabled (ABD) cash assistance?

These amendments are necessary to implement ABD eligibility changes funded within the Supplemental Operating Budget (Chapter 297, Laws of 2022). Effective September 1, 2022, individuals age 21-64 residing in a public mental institution are potentially eligible for the ABD program if they meet all other eligibility criteria.

WAC 388-484-0006

The Department is adopting amendments to WAC 388-484-0006, TANF/SFA time limit extensions, to expand Temporary Assistance for Needy Families (TANF) time limit extension (TLE) hardship criteria under RCW 74.08A.10 (5)(a)(1) by adding a temporary TLE category related to COVID-19 pandemic recovery (effective July 1, 2022, through June 30, 2023) and a TLE category related to House Bill 1755 (Chapter 297, Laws of 2022) effective July 1, 2022.

WACs 388-439-0005, 388-439-0015, 388-439-0020, and 388-439-0025

The department is adopting the following rules: WAC 388-439-0005, What is the pandemic EBT program?, 388-439-0015, General information about pandemic EBT benefits., 388-439-0020, Eligibility for pandemic EBT benefits for children under age six., and 388-439-0025, Eligibility for pandemic EBT benefits during the 2022 summer period. Emergency adoption of these rules supports implementation of the Pandemic EBT (P-EBT) program for eligible children who do not have access to regular free or reduced-price school meals or childcare meals due to limited onsite learning or attendance in any school year in which there is a federal public health emergency designation (as allowed under Section 1101 of H.R. 6201, Families First Coronavirus Response Act, as amended by Section 1108 of H.R. 1319, American Rescue Plan Act of 2021).

WAC 388-484-0006

The department is amending WAC 388-484-0006, TANF/SFA time limit extensions. These amendments broaden TANF time limit extension hardship criteria to mitigate impacts of the COVID-19 pandemic, through June 30, 2023, as provided in the 2022 Supplemental Operating Budget (Chapter 297, Laws of 2022); and implement a time limit extension hardship category related to the state’s unemployment rate per House Bill 1755 (Chapter 24, Laws of 2022).

WAC 388-424-0001, 388-424-0020 & 388-466-0005

The department is extending emergency amendments to the following WAC sections: WAC 388-424-0001, “Citizenship and immigration status–Definitions.” 388-424-0020, “How does my alien status impact my eligibility for federally funded Basic Food benefits?” & 388-466-0005, “Immigration status requirements for refugee cash assistance.” These amendments are necessary to align department policies with federal legislation and authorization from the Office of Refugee Resettlement expanding eligibility for federally funded benefits to Humanitarian Parolee arrivals displaced from Ukraine.

WAC 388-310-0350

The department is amending WAC 388-310-0350, WorkFirst-Other exemptions from mandatory participation, to clarify the department’s ability to determine whether a TANF recipient is able to participate in WorkFirst activities during a declared state of emergency.

WAC 388-412-0046

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?

WAC 388-400-0030, 388-466-0120 & 388-466-0150

The department is extending emergency amendments filed under WSR 22-13-013 to WAC 388-400-0030, Who is eligible for refugee cash assistance?; WAC 388-466-0120, Refugee cash assistance (RCA); and WAC 388-466-0150, Refugee employment and training services.

These amendments are necessary to align department policies with authorization from the federal Office of Refugee Resettlement (ORR) to expand the eligibility period for Refugee Cash Assistance from 8 months to 12 months pursuant to 45 CFR §400.211. This change must be implemented immediately to allow access to benefits for these individuals, pursuant to federal law.

WAC 388-412-0015, 388-450-0185, 388-450-0190, 388-450-0195, 388-470-0005 & 388-478-0060

The department is adopting emergency amendments to WAC 388-412-0015, General information about your food assistance allotments, 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?, 388-450-0190, How does the department figure my shelter cost income deduction for basic food?, 388-450-0195, Does the department use my utility costs when calculating my basic food or WASHCAP benefits?, 388-470-0005, How do resources affect my eligibility for cash assistance and basic food?, and 388-478-0060, What are the income limits and maximum benefit amounts for basic food?

The US Department of Agriculture, Food and Nutrition Services has issued annual updates to standards for the federal fiscal year 2023, effective October 1, 2022. These updates affect the standard deduction, shelter deduction, homeless shelter deduction, utility deduction, minimum and maximum allotments, and resource limits for the Basic Food program.

WAC 388-310-0300 & 388-310-1450

The department is amending WAC 388-310-0300, WorkFirst-Infant care exemptions for mandatory participants, and 388-310-1450, Pregnancy to employment to improve access to home visiting and parental support for WorkFirst participants and their young children.

WAC 388-310-0800

The department is amending WAC 388-310-0800, WorkFirst – Support Services, to expand use of WorkFirst support services to include housing and utilities assistance and help families with needs related to housing stability. Underspent WorkFirst support services SFY22 funding was shifted to SFY23 to increase the level of support for these purposes. Emergency amendments to implement this change took effect July 1, 2022, under WSR 22-14-058.

WAC 388-424-0015

The department is adopting amendments to WAC 388-424-0015, Immigrant eligibility restrictions for the state family assistance, ABD cash, and PWA programs. These amendments are necessary to implement House Bill 1748 (Chapter 208, Laws of 2022) and expand Aged, Blind, or Disabled (ABD) program and Housing and Essential Needs (HEN) referral eligibility to victims of human trafficking (as defined in RCW 74.04.005).

Emergency amendments to implement this change took effect July 1, 2022 under WSR 22-14-047.

WAC 388-493-0010

The department is amending WAC 388-493-0010, Working family support, through the expedited rule making process for housekeeping purposes. The amendments remove obsolete dates and do not represent a policy change to Working Family Support.

WAC 388-436-0050 and 388-478-0005

The department is adopting amendments to WAC 388-436-0050, Determining financial need and benefit amount for CEAP and 388-478-0005, Cash assistance need and payment standards and grant maximum, to increase the Temporary Assistance for Needy Families (TANF) and State Family Assistance (SFA) payment standard for households with nine or more assistance unit members. Amendments also update net income limits and allowable benefit amounts for the Consolidated Emergency Assistance Program (CEAP).

These changes were funded in the 2022 Supplemental Operating Budget. Emergency amendments to implement this change took effect July 1, 2022, under WSR 22-14-046.

WAC 388-400-0060, 388-400-0070, 388-434-0005, 388-449-0001, 388-449-0150, 388-449-0200, 388-452-0005, 388-478-0006, and 388-478-0033

The department is continuing 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 388-434-0005, How often does the department review my eligibility for benefits?; WAC 388-449-0001, What are the disability requirements for the aged, blind, or disabled (ABD) program?; WAC 388-449-0150, When does my eligibility for aged, blind, or disabled (ABD) cash benefits end?; WAC 388-449-0200, Am I eligible for cash assistance for aged, blind, or disabled (ABD) while waiting for supplemental security income (SSI)?; WAC 388-452-0005, Do I have to be interviewed in order to get cash and basic food benefits?; WAC 388-478-0006, The clothing, personal maintenance, and necessary incidentals (CPI) payment standard for cash assistance.; and WAC 388-478-0033, What are the payment standards for aged, blind, or disabled (ABD) cash assistance?

Effective September 1, 2022, individuals aged 21-64 residing in a public mental institution are potentially eligible for the ABD program if they meet all other eligibility criteria. If ABD is approved, individuals are eligible for a clothing, personal maintenance, and necessary incidentals (CPI) monthly grant up to $41.62.

This emergency is a continuation of language filed under WSR 22-18-066, keeping in place emergency language necessary to supersede section 388-400-0060, that was adopted permanent under WSR 22-17-080 and became effective September 17, 2022.

WACs 388-400-0060, 388-400-0070, 388-434-0005, 388-449-0001, 388-449-0150, 388-449-0200, 388-452-0005, 388-478-0006, & 388-478-0033

The department is amending WAC 388-400-0060, Who is eligible for aged, blind or disabled (ABD) cash assistance?, 388-400-0070, Who is eligible for referral to the housing and essential needs (HEN) program?, 388-434-0005, How often does the department review my eligibility for benefits?, 388-449-0001, What are the disability requirements for the aged, blind, or disabled (ABD) program?, 388-449-0150, When does my eligibility for aged, blind, or disabled (ABD) cash benefits end?, 388-449-0200, Am I eligible for cash assistance for aged, blind, or disabled (ABD) while waiting for supplemental security income (SSI)?, 388-452-0005, Do I have to be interviewed in order to get cash and basic food benefits?, 388-478-0006, The clothing, personal maintenance, and necessary incidentals (CPI) payment standard for cash assistance., and 388-478-0033, What are the payment standards for aged, blind, or disabled (ABD) cash assistance?

Effective September 1, 2022, individuals aged 21-64 residing in a public mental institution are potentially eligible for the ABD program if they meet all other eligibility criteria. If ABD is approved, individuals are eligible for a clothing, personal maintenance, and necessary incidentals (CPI) monthly grant up to $41.62.

This filing supersedes language filed under WSR 22-13-171 for WAC 388-400-0060 only and does not impact any other emergency amendments adopted under WSR 22-13-171.

WSR 22-18-035 on WAC 388-14A-4300, -4302, -4303, -4304

The DSHS Division of Child Support (DCS) is amending the sections in Chapter 388-14A WAC listed above to clarify applicable lookback periods and statutes of limitations for daycare expenses under In re the Marriage of Blackburn, 12 Wn.App.2d 798, 460 P.3d 202 (2020). DCS is also making other changes regarding the circumstances in which a daycare overpayment hearing is applicable, various hearing procedures, and how notices are sent by DCS and the Office of Administrative Hearings.

WACs 388-400-0060, 388-418-0011, 388-447-0130, 388-449-0230

The department is adopting amendments to the following rules:  WAC 388-400-0060, Who is eligible for aged, blind or disabled (ABD) cash assistance?  WAC 388-418-0011, What is a mid-certification review, and do I have to complete one in order to keep receiving benefits?  WAC 388-447-0130, What referral to the housing and essential needs (HEN) program rules may the department implement during a state of emergency?  WAC 388-449-0230, What aged, blind, or disabled (ABD) program rules may the department implement during a state of emergency?  Adoption of these amendments supports elimination of the mid-certification review (MCR) requirement for Aged, Blind, or Disabled (ABD) program recipients per the Supplemental Operating Budget (Chapter 297, Laws of 2022).  These rules have been in effect since July 1, 2022, under CR-103E filed as WSR 22-13-171 on June 22, 2022.

WACs 388-439-0005, -0015, -0020, & -0025

Emergency adoption of these rules supports implementation of the Pandemic EBT (P-EBT) program for eligible children who do not have access to regular free or reduced-price school meals or childcare meals due to limited onsite learning or attendance in any school year in which there is a federal public health emergency designation (as allowed under Section 1101 of H.R. 6201, Families First Coronavirus Response Act, as amended by Section 1108 of H.R. 1319, American Rescue Plan Act of 2021).

WAC 388-478-0033

The department is adopting amendments to WAC 388-478-0033, What are the payment standards for aged, blind, or disabled (ABD) cash assistance? to reflect increases in the ongoing maximum monthly Aged, Blind, or Disabled (ABD) program payment standards to $417 for a single individual and $528 for a married couple.   The Supplemental Operating Budget (Chapter 297, Laws of 2022) includes funding to support this change, effective September 1, 2022.

WAC 388-412-0025

The department is amending WAC 388-412-0025, How do I receive my benefits? The amendments align policy regarding replacement of cancelled benefits from an Electronic Benefit Transfer (EBT) account with that of current federal regulations. Supplemental Nutrition Assistance Program regulations (7 CFR 274.2 (i)(3)) define that cancelled food benefits cannot be replaced.

WAC 388-310-0800

The department is amending WAC 388-310-0800, WorkFirst—Support services. Amendments expand the types of available support services to include assistance with housing and utilities in SFY 2023 to support ongoing recovery from the COVID-19 pandemic.

WAC 388-424-0015

The department is amending WAC 388-424-0015, Immigrant eligibility restrictions for the state family assistance, ABD cash, and PWA programs. Effective July 1, 2022, these amendments are necessary to implement House Bill 1748 (Chapter 208, Laws of 2022) and expand Aged, Blind, or Disabled (ABD) program and Housing and Essential Needs (HEN) referral eligibility to victims of human trafficking (as defined in RCW 74.04.005).

WAC 388-436-0050, 388-478-0005

The department is adopting emergency amendments to: WAC 388-436-0050, Determining financial need and benefit amount for CEAP and 388-478-0005, Cash assistance need and payment standards and grant maximum. These amendments reflect a change in the Temporary Assistance for Needy Families (TANF) and State Family Assistance (SFA) maximum benefit limit, from an eight-person household to ten-person household, effective July 1, 2022, per the 2021- 2023 Supplemental Operating Budget. Amendments to update related net income limits and allowable benefit amounts for the Consolidated Emergency Assistance Program, which are based on the TANF standards, are also included.

WAC 388-484-0006

The department is amending WAC 388-484-0006, TANF/SFA time limit extensions. The amendments extend a time limit extension hardship category related to impacts of the COVID-19 pandemic (commonly known as the “Coronavirus”), through June 30, 2023, as provided in the 2021-2023 Supplemental Operating Budget (Chapter 297, Laws of 2022); and implement a time limit extension hardship category related to the state’s unemployment rate per House Bill 1755 (Chapter 24, Laws of 2022).

WACs 388-424-0001, 388-424-0020, 388-466-0005

The department is amending the following WAC sections:

388-424-0001, “Citizenship and immigration status–Definitions.”

388-424-0020, “How does my alien status impact my eligibility for federally funded Basic Food benefits?”

388-466-0005, “Immigration status requirements for refugee cash assistance.”

These amendments are necessary to align department policies with federal legislation and authorization from the Office of Refugee Resettlement (ORR) expanding eligibility for federally-funded benefits to Humanitarian Parolee arrivals displaced from Ukraine.

WACs 388-400-0060, 388-418-0011, 388-447-0130, 388-449-0230

The department is amending WAC 388-400-0060, Who is eligible for aged, blind or disabled (ABD) cash assistance?; WAC 388-418-0011, What is a mid-certification review, and do I have to complete one in order to keep receiving benefits?; WAC 388-447-0130, What referral to the housing and essential needs (HEN) program rules may the department implement during a state of emergency?; and WAC 388-449-0230, What aged, blind, or disabled (ABD) program rules may the department implement during a state of emergency? These amendments eliminate the mid-certification review (MCR) requirement for recipients of the Aged, Blind or Disabled (ABD) program and Housing and Essential Needs (HEN) Referral program.

WAC 388-422-0020

The department is amending WAC 388-422-0020, “What if you are afraid that cooperating with the division of child support (DCS) may be dangerous for you or the child in your care?”  The amendments clarify terms related to good cause for non-cooperation with the Division of Child Support under the Temporary Assistance for Needy Families program.

Sarah Garcia (360) 725-4949

WAC 388-400-0030, WAC 388-466-0120, & WAC 388-466-0150

The department is amending WAC 388-400-0030, Who is eligible for refugee cash assistance?; WAC 388-466-0120, Refugee cash assistance (RCA); and WAC 388-466-0150, Refugee employment and training services.  These amendments are necessary to align department policies with authorization from the Office of Refugee Resettlement (ORR) director to expand the eligibility period for Refugee Cash Assistance (RCA) from 8 months to 12 months pursuant to 45 CFR §400.211. This change must be implemented immediately to allow access to benefits for these individuals, pursuant to federal law.

WACs 388-424-0001, -0020, 388-466-0005

The department is amending WAC 388-424-0001, Citizenship and alien status—Definitions; 388-424-0020, How does my alien status impact my eligibility for federally funded Basic Food benefits?; and 388-466-0005, Immigration status requirements for refugee cash assistance, to align state rules for public benefits eligibility of Special Immigrants from Iraq and Afghanistan paroled in the U.S. under Section 602(B)(1) of Afghan Allies Protection Act of 2009 or Sec 1059(a) of National Defense Authorization Act.

WAC 388-478-0015

The department is amending WAC 388-478-0015, Need Standards for Cash Assistance. Substitute House Bill 1151 (Chapter 9, 2021 Laws) requires the department to update standards of need using an existing, broadly-used national standard. Amendments reflect this required update using the University of Washington Center for Women’s Welfare Self-Sufficiency Standard.

WACs 388-394-0010, 388-408-0035, 388-489-0005, 388-489-0010, 388-489-0015

The department is adopting chapter 388-394 WAC, Transitional Cash Assistance: WAC section 388-394-0010, What is the transitional cash assistance (TCA) program?; and amending WAC 388-408-0035, Who is in my assistance unit for basic food?; WAC 388-489-0005, Who is eligible for transitional food assistance?; WAC 388-489-0010, How is my transitional food assistance benefit calculated?; and WAC 388-489-0015, How long will my household receive transitional food assistance? to support implementation of Substitute House Bill 1151 (Chapter 9, Laws of 2021), effective July 1, 2022. Section 2 of this legislation creates the Transitional Cash Assistance (TCA) program, a state-funded cash assistance benefit available to households with children, not simultaneously receiving TANF, who terminate basic food benefits due to exceeding the gross income limit or voluntary closure. Families receiving TCA are eligible for Transitional Food Assistance for a period of five months.

PERMANENT ADOPTION
WSR 22-12-017
Effective Date: July 1, 2022

388-434-0015

The department is extending emergency adoption of WAC 388-434-0015, Waiver of mid-certification reviews during the COVID-19 pandemic, to continue federal Supplemental Nutrition Assistance Program flexibilities regarding mid-certification reviews as allowed under Families First Coronavirus Response Act (H.R. 6201) and extended via the Continuing Appropriations Act (H.R. 8337).

WAC 388-412-0015, 388-450-0185, 388-450-0190, 388-450-0195, 388-470-0005, 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?; 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? These amendments provide the annual update of Basic Food standards related to income, deductions, and benefits.

WAC 388-14A-3140, -8100,-8130

The establishment of a joint and several administrative child support order does not work well when the goal of family reunification and the fluid nature of reunification plans are taken into account. Married parents often choose to separate (or are required to separate) so that the child can return to the home of one of them. The obligation of the parent with physical custody is suspended by WAC 388-14A-3810, leaving the parent out of the home bearing the full brunt of the joint and several administrative order, further impacting reunification efforts. When the parent out of the home seeks to modify the joint and several order, it is sometimes modified only as to that particular parent, leaving the first parent still subject to the joint and several order if the child ever leaves the first parent’s custody. This result does not align with DCS’s efforts to establish and enforce right size orders and can result in harm to families. To resolve this, DCS is changing its policy and will no longer be setting up joint obligations for married parents living together where the child is not living in the home.

WAC 388-439-0005, -0010, -0015, -0020, -0025

The department is extending emergency adoption of WAC 388-439-0005, What is the pandemic EBT program?; WAC 388-439-0010, Eligibility of pandemic EBT benefits for the 2020-2021 school year; WAC 388-439-0015, General information about pandemic EBT benefits; WAC 388-439-0020, Eligibility for pandemic EBT benefits for children under age six; and WAC 388-439-0025, Eligibility for pandemic EBT benefits during the 2021 summer period.

Emergency adoption of these rules support implementation of the Pandemic EBT (P-EBT) program for eligible children who do not have access to regular free or reduced-price school meals or childcare meals due to limited onsite learning or attendance in any school year in which there is a federal public health emergency designation (as allowed under Section 1101 of H.R. 6201, Families First Coronavirus Response Act, as amended by Section 1108 of H.R. 1319, American Rescue Plan Act of 2021).

WAC 388-449-0001, -0200

The department is amending WAC 388-449-0001, What are the disability requirements for the aged, blind, or disabled (ABD) program?; and WAC 388-449-0200, Am I eligible for cash assistance for aged, blind, or disabled (ABD) while waiting for supplemental security income (SSI)? to clarify that persons eligible for services through the Developmental Disabilities Administration (for a medical condition expected to last twelve months or more or result in death) are eligible for ABD. Amendments also clarify good cause for not participating in medical treatment for one’s disabling condition(s).

WAC 388-436-0065

The department is adopting WAC 388-436-0065, What is the pandemic emergency assistance fund (PEAF)?  Adoption of this rule supports issuance of cash benefits from the Pandemic Emergency Assistance Fund, a one-time payment to all families with children receiving Temporary Assistance for Needy Families, State Family Assistance, or Basic Food (state or federally funded) whose household income is at or below 75% of the Federal Poverty Level. The rule provides definitions and eligibility requirements associated with these funds. PEAF funds are part of the federal American Rescue Plan Act of 2021.

WAC 388-437-0005

The department is adopting amendments to WAC 388-437-0005, Changes to food assistance in response to the COVID-19 pandemic, to define that households receiving a zero benefit are not eligible for emergency adjustments to food assistance benefit issuances, and households that are eligible to receive an emergency adjustment will receive a minimum of $95, as implemented under the Families First Coronavirus Response Act (H.R. 6201, Section 2302).

WAC 388-424-0001, -0020, WAC 388-466-0005

The department is extending emergency amendments to WAC 388-424-0001, Citizenship and alien status - Definitions; WAC 388-424-0020, How does my alien status impact my eligibility for federally funded Basic Food benefits?; and WAC 388-466-0005, Immigration status requirements for refugee cash assistance.
These amendments are necessary to allow evacuees from Afghanistan paroled into the U.S. as humanitarian parolees under the Afghanistan Supplemental Appropriations Act, 2022, P.L. 117-43, sec. 2502, to receive federally funded benefits to the same extent as refugees.

Chapters 388-412, 450, 470, 478 WAC

The Department is extending emergency amendments to WAC 388-412-0015, General information about your food assistance allotments; 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?; 388-450-0190, How does the department figure my shelter cost income deduction for basic food?; 388-450-0195, Does the department use my utility costs when calculating my basic food or WASHCAP benefits?; 388-470-0005, How do resources affect my eligibility for cash assistance and basic food?; and 388-478-0060, What are the income limits and maximum benefit amounts for basic food? These emergency amendments have been in place under WSR 21-20-005. The department is actively undertaking procedures to adopt the permanent rule, including filing preproposal statement of inquiry under WSR 21-19-152 on September 22, 2021.

WAC 388-434-0015

The department is adopting WAC 388-434-0015, Waiver of mid-certification reviews during the COVID-19 pandemic, to implement administrative flexibilities regarding mid-certification reviews as allowed under Families First Coronavirus Response Act (H.R. 6201), extended via the Continuing Appropriations Act (H.R. 8337).

EMERGENCY ADOPTION
WSR 22-03-045
Effective Date: January 12, 2022

Chapter 388-14A WAC

This proposal implements incarceration abatement and modification request/hearing notification service as enacted in SHB 2302 (Chapter 227, Laws of 2020). Establishes the process by which qualifying incarcerated individuals have their child support obligations abated. Also clarifies under WAC 388-14A-3925 that the Office of Administrative Hearings (OAH), not the Division of Child Support, serves copies of requests for modification and notice of hearings.

Chapter 388-400, 424 WAC

The department is adopting new WAC 388-424-0035, Verifications – Survivors of certain crimes; and amendments to WAC sections: 388-400-0010, Who is eligible for state family assistance?; 388-424-0001, Citizenship and alien status – Definitions; 388-424-0009, Citizenship and alien status – Social Security number (SSN) requirements; 388-424-0010, Citizenship and alien status – Eligibility for TANF; 388-424-0015, Immigrant eligibility restrictions for the state family assistance, ABD cash and PWA programs; and 388-424-0030, How does my alien status impact my eligibility for state-funded benefits under the food assistance program? These adoptions support implementation of 3SSB 5164 (Chapter 136, Laws of 2020). Effective February 1, 2022, victims of human trafficking and other certain crimes, and their qualifying family members are eligible for the Food Assistance Program for legal immigrants and State Family Assistance.
 

PERMANENT ADOPTION
WSR 22-02-014
Effective Date: February 1, 2022

WAC 388-444-0010

The department is amending WAC 388-444-0010, “Who is exempt from work registration while receiving basic food?” Third Substitute Senate Bill 5164 (Chapter 136, Laws of 2020) allows individuals applying for T and U visas, asylum, and “victims of human trafficking” to be eligible for the state-funded Food Assistance Program (FAP). These individuals are not eligible to work in the United States and cannot register for work, which is currently required by FAP. This amendment will add an exemption from work registration for individuals who are not legally able to work due to their immigration status.
 

WAC 388-310-0800, 1800

The department is amending WAC sections 388-310-0800, WorkFirst – Support services; and 388-310-1800, WorkFirst – Post employment services, to expand access to support services for WorkFirst participants by allowing more supports for participation activities, increasing the annual support services limit to $5000 per person per program year, and providing certain post-TANF transportation related supports for up to 3 months after exiting TANF.

WAC 388-437-0005

The department is extending emergency amendments to WAC 388-437-0005, Changes to food assistance in response to the COVID-19 pandemic, to define that households that receive a zero benefit are not eligible for emergency adjustments to food assistance benefit issuances and households that are eligible to receive an emergency adjustment will receive a minimum of $95, as implemented under the Families First Coronavirus Response Act (H.R. 6201, Section 2302). 

EMERGENCY ADOPTION
WSR 22-01-035
Effective Date: December 10, 2021

WAC 388-14A-4900

The Division of Child Support (DCS) is enacting WAC 388-14A-4900 – Insurers must report claim information to the division of child support and withhold payments if directed. Beginning January 1, 2022, insurers will be required to report insurance claims to DCS under RCW 26.23.037. This permanent rule will ensure that insurers provide the necessary information under the law for these insurance intercept actions.

Chapter 388-14A WAC

This proposal will update our income imputation WAC (388-14A-3205) to align with updated federal/state standards and current DCS practice. This proposal will also implement authorized changed to our notice of support owed process, which will increase efficiencies and improve outcomes for our clients.

WAC 388-14A-2210

Due to the ongoing national and state emergency relating to COVID-19, the United States Postal Service (USPS) made temporary changes to its certified mail signature gathering procedures to limit direct contact with recipients. This emergency WAC clarifies that these temporary procedures employed by USPS are acceptable for purposes of certified mail service. DCS has filed a CR-101 and is currently working with internal and external stakeholders on permanent rulemaking on this subject. On July 16, 2021, USPS issued updated guidance to its employees that unvaccinated mail carriers should still wear masks and maintain social distancing. Additionally, on July 27, 2021, the Centers for Disease Control and Prevention issued new guidance encouraging vaccinated people to wear masks and maintain social distancing even indoors in settings of high risk. As a result of these recent updates, special COVID-19 delivery practices for certified mail will likely continue. The department filed a CR 103P for permanent adoption under WSR 21-23-103. This emergency will be in place until the effective date of the permanent, December 18, 2021.

Chapter 388-439 WAC

The department is extending emergency adoption of WAC 388-439-0005, What is the pandemic EBT program?; WAC 388-439-0010, Eligibility of pandemic EBT benefits for the 2020-2021 school year; WAC 388-439-0015, General information about pandemic EBT benefits; WAC 388-439-0020, Eligibility for pandemic EBT benefits for children under age six; and WAC 388-439-0025, Eligibility for pandemic EBT benefits during the 2021 summer period. Emergency adoption of these rules support implementation of the Pandemic EBT (P-EBT) program for eligible children who do not have access to regular free or reduced-price school meals or childcare meals due to limited onsite learning or attendance in any school year in which there is a federal public health emergency designation (as allowed under Section 1101 of H.R. 6201, Families First Coronavirus Response Act, as amended by Section 1108 of H.R. 1319, American Rescue Plan Act of 2021).

WAC 388-14A-2210

The Division of Child Support (DCS) is enacting WAC 388-14A-2210 “What is the procedure for service by certified mail due to COVID-19?” Due to the COVID-19 pandemic, the United States Postal Service (USPS) has altered certified mail delivery practices to limit in-person contact for signatures. DCS relies on the certified mail return receipt requested delivery method for service of various notices. Because these USPS practices do not have a projected end date at this time, DCS is proposing a permanent rule to ensure due process and adequate service under the modified USPS processes.
 

WAC 388-478-0015

The department is amending WAC 388-478-0015 “Need standards for cash assistance” to update cash assistance program need standards, as required annually by RCW 74.04.770.
 

WAC 388-474-0020

The department is adopting amendments to WAC 388-474-0020, “What can an aged, blind, or disabled (ABD) cash assistance client expect when supplemental security income (SSI) benefits begin?” to support a corrective action plan and address errors when an ABD client signs an interim assistance reimbursement authorization (IARA). Amendments also intend to support ABD program outcomes and better align with Social Security Administration policies and procedures.

WAC 388-454-0006

The department is adopting amendments to WAC 388-454-0006, The department makes background checks on adults who are acting in place of a parent without court-ordered custody. These amendments align TANF and SFA background check rules with Second Substitute House Bill 1645 (Chapter 270, Laws of 2020) and related Department of Children Youth and Families policies, and clarify that the department will not consider a founded finding of abuse, neglect, or dependency for clients who have a verified Certificate of Parental Improvement. Amendments also clarify that the department will not consider a conviction that is pardoned, vacated, or that the client has received a certificate of rehabilitation, for the purposes of this section.

WACs 388-424-0001, 0020, 466-0005

The department is adopting emergency amendments to WAC 388-424-0001, Citizenship and alien status - Definitions; WAC 388-424-0020, How does my alien status impact my eligibility for federally funded Basic Food benefits?; and WAC 388-466-0005, Immigration status requirements for refugee cash assistance. These amendments are necessary to allow evacuees from Afghanistan paroled into the U.S. as humanitarian parolees under the Afghanistan Supplemental Appropriations Act, 2022, P.L. 117-43, sec. 2502, to receive federally funded benefits to the same extent as refugees. This second emergency adoption amends and supersedes the emergency rule adopted under WSR 21-17-098.

WAC 388-484-0006

The department is adopting amendments to WAC 388-484-0006, TANF/SFA time limit extensions. These amendments add a time limit extension hardship category [under 74.08A.010(5)(a)(1)] to support the Operating Budget: Senate Bill 5092 (Chapter 334, Laws of 2021) effective July 1, 2021, and a time limit extension hardship category to implement Second Substitute Senate Bill 5214 (Chapter 239, Laws of 2021) effective July 25, 2021 (90 days after session ended).  Upon the effective date, this permanent filing supersedes the emergency rule filed as WSR 21-21-067.

WAC 388-458-0011

The department is amending WAC 388-458-0011, DSHS sends you a denial letter when you can’t get benefits, to more accurately align rule language with federal SNAP regulations. The amendments support processes and procedures when mailing a denial notice to a client who has not provided information on the 30th day after application.

WAC 388-436-0050, 478-0020, 0027, 0035

The department is extending emergency amendments for WAC 388-478-0020, Payment standards for TANF, SFA and RCA; WAC 388-478-0027, What is the payment standard for pregnant women assistance (PWA)?;  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. These amendments implement a 15% payment standard increase (effective July 1, 2021) for the TANF, SFA, RCA, and PWA programs, approved via the 2021-2023 Operating Budget. Amendments also update net income limits and allowable benefit amounts for the Consolidated Emergency Assistance Program.

WAC 388-432-0005

The department is extending emergency amendments to WAC 388-432-0005, Can I get help from DSHS for a family emergency without receiving monthly cash assistance? These amendments are necessary to support Substitute House Bill 2441 (Chapter 338, Laws of 2020) and align with changes to Temporary Assistance for Needy Families (TANF) sanction rules effective July 1, 2021.

WAC 388-484-0006

The department is extending emergency amendments to WAC 388-484-0006, TANF/SFA time limit extensions. These amendments add a time limit extension hardship category [under 74.08A.010(5)(a)(1)] to support the Operating Budget: Senate Bill 5092 (Chapter 334, Laws of 2021) effective July 1, 2021, and a time limit extension hardship category to implement Second Substitute Senate Bill 5214 (Chapter 239, Laws of 2021) effective July 25, 2021 (90 days after session ended).

WAC 388-432-0005

The department is adopting amendments to WAC 388-432-0005, “Can I get help from DSHS for a family emergency without receiving monthly cash assistance?” to align Diversion Cash Assistance (DCA) rules with Substitute House Bill 2441 (Chapter 388, Laws of 2020) changes implemented on July 1, 2021, and allow families whose TANF closed in sanction between July 1, 2010 and June 30, 2021 to potentially qualify for DCA.

WAC 388-436-0050, 478-0020, 0027, 0035

The department is amending WAC 388-478-0020, Payment standards for TANF, SFA and RCA; WAC 388-478-0027, What is the payment standard for pregnant women assistance (PWA)?; 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. These amendments implement a 15% payment standard increase (effective July 1, 2021) for the TANF, SFA, RCA, and PWA programs, approved via the 2021-2023 Operating Budget. Amendments also update net income limits and allowable benefit amounts for the Consolidated Emergency Assistance Program.

Chapter 388-14A WAC

The DSHS Division of Child Support (DCS) files this CR-103E, Rule-Making Order, to extend emergency rules amending chapter 388-14A in order to implement Substitute House Bill 2302 (SHB 2302, Chapter 227, Laws of 2020) regarding abatement of child support obligations for certain incarcerated individuals as well as other administrative provisions regarding service and mailing of modification requests and hearing notices. Relevant provisions of SHB 2302 took effect February 1, 2021.

WAC 388-310-0800

The department is extending emergency amendments to WAC 388-310-0800, WorkFirst—Support services, to expand access to WorkFirst support services during the time of and recovery from the COVID-19 pandemic.
 

WAC 388-444-0100

The department is amending WAC 388-450-0100, Allocating Income-Definitions. These amendments correct dates for temporary absence which align with prior permanent filing under WSR 08-14-105 [see changes to WAC 388-418-0007 (6)] and replace outdated language without changing the effect of the rule.

WACs 388-412-0015, 388-450-0185, 0190, 0195, 388-470-0005, 388-478-0060

The department is planning to amend WAC 388-412-0015, General information about your food assistance allotments; 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?; 388-450-0190, How does the department figure my shelter cost income deduction for basic food?; 388-450-0195, Does the department use my utility costs when calculating my basic food or WASHCAP benefits?; 388-470-0005, How do resources affect my eligibility for cash assistance and basic food?; and 388-478-0060, What are the income limits and maximum benefit amounts for basic food?; and other related rules as may be required.

WAC 388-480-0001

The department is amending WAC 388-480-0001, Does being on strike impact my eligibility for the Washington Basic Food program? This housekeeping amendment to WAC 388-480-0001 corrects a typographical error without changing the effect of the rule.

WACs 388-444-0015, 0025

The department is amending WAC 388-444-0015, How can the basic food employment and training (BF E&T) program help me find work? and WAC 388-444-0025, What expenses will the department pay to help me participate in BF E&T? These amendments better align Basic Food Employment and Training (BFET) rule language with federal regulations and clarify eligibility rules and services available through the program.

WACs 388-424-0001, 388-466-0005

The department is amending WAC 388-424-0001, Citizenship and alien status – Definitions and WAC 388-466-0005, Immigration status requirements for refugee assistance. These amendments are necessary to allow Special Immigrants from Iraq and Afghanistan, who entered the U.S. as parolees (under Section 602(B)(1) of Afghan Allies Protection Act of 2009 or Sec 1059(a) of National Defense Authorization Act), to be eligible for federally funded benefits. This change must be implemented immediately to allow access to benefits for these individuals, pursuant to federal law.

WAC 388-482-0005

The department is amending WAC 388-482-0005, How does being a student of higher education affect my eligibility for Washington basic food program? to align rule language with federal regulations related to student eligibility for the Supplemental Nutrition Assistance Program (SNAP) and implement changes to student eligibility for Basic Food as provided in the Consolidated Appropriation Act, 2021 (H.R. 133, Section 702) due to the Coronavirus (COVID-19) pandemic.

WAC 388-436-0055

The department is amending WAC 388-436-0055, What is the disaster cash assistance program (DCAP)? to update and clarify Disaster Cash Assistance Program and related Consolidated Emergency Assistance Program rules and to comply with Substitute House Bill 1151 (Chapter 9, Laws of 2021).

WAC 388-437-0005

The department is amending WAC 388-437-0005, Changes to food assistance in response to the COVID-19 pandemic, to define that households that receive a zero benefit are not eligible for emergency adjustments to food assistance benefit issuances and that households that are eligible to receive an emergency adjustment will receive a minimum of $95, as implemented under the Families First Coronavirus Response Act (H.R. 6201, Section 2302).

WAC 388-437-0015, 476-0005

The department is adopting WAC 388-437-0015, “Good cause extension of Social Security number (SSN) requirement for basic food applicants during COVID-19” and amending WAC 388-476-0005, “Social Security number requirements,” to allow good cause for not providing a Social Security number during the COVID-19 pandemic, contingent upon ongoing federal approval, and clarify timeframes for showing good cause in accordance with federal regulations.

WAC 388-14A-2210

Due to the ongoing national and state emergency relating to COVID-19, the United States Postal Service (USPS) made temporary changes to its certified mail signature gathering procedures to limit direct contact with recipients. This emergency WAC clarifies that these temporary procedures employed by USPS are acceptable for purposes of certified mail service. DCS has filed a CR-101 and is currently working with internal and external stakeholders on permanent rulemaking on this subject. On July 16, 2021, USPS issued updated guidance to its employees that unvaccinated mail carriers should still wear masks and maintain social distancing. Additionally, on July 27, 2021, the Centers for Disease Control and Prevention issued new guidance encouraging vaccinated people to wear masks and maintain social distancing even indoors in settings of high risk. As a result of these recent updates, special COVID-19 delivery practices for certified mail will likely continue.

Chapter 388-439 WAC

The Department is extending adoption of WAC 388-439-0005, What is the pandemic EBT program?; WAC 388-439-0010, Eligibility of pandemic EBT benefits for the 2020-2021 school year; WAC 388-439-0015, General information about pandemic EBT benefits. The Department is also adopting WAC 388-439-0020, Eligibility for pandemic EBT benefits for children under age six; and WAC 388-439-0025, Eligibility for pandemic EBT benefits during the 2021 summer period. Emergency adoption of these rules supports implementation, expansion, and extension of the Pandemic EBT (P-EBT) program for eligible children who do not have regular access to free or reduced-price school meals or childcare meals due to limited on-site learning or attendance as a result of the COVID-19 pandemic during the 2020-2021 school year, and extended into the 2021 summer, as allowed under Section 1101 of H.R. 6201, Families First Coronavirus Response Act, as amended by Section 1108 of H.R. 1319, American Rescue Plan Act.

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? These amendments are necessary to support Substitute House Bill 2441 (Chapter 338, Laws of 2020) and align with changes to Temporary Assistance for Needy Families (TANF) sanction rules effective July 1, 2021.

WAC 388-484-0006

The department is amending WAC 388-484-0006, TANF/SFA time limit extensions. These amendments add a time limit extension hardship category [under RCW 74.08A.010(5)(a)(1)] to support the Operating Budget: Senate Bill 5092 (Chapter 334, Laws of 2021) effective July 1, 2021, and a time limit extension hardship category to implement Second Substitute Senate Bill 5214 (Chapter 239, Laws of 2021) effective July 25, 2021 (90 days after session ended).

WAC 388-412-0025

The department is amending WAC 388-412-0025, How do I receive my benefits? to align our processes and procedures with federal rules when suspending Electronic Benefit Transfer (EBT) benefits for incarcerated individuals and recouping unused benefits on EBT cards.

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. This permanent rule making order supersedes the emergency Rule Making Order filed as WSR 21-12-043 on May 25, 2021.

WAC 388-436-0050, 478-0020, 0027, 0035

The Department is amending WAC 388-478-0020, Payment standards for TANF, SFA and RCA; WAC 388-478-0027, What is the payment standard for pregnant women assistance (PWA)?;  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.

Chapter 388-14A WAC

The DSHS Division of Child Support (DCS) files this CR-103E, Rule-Making Order, to extend emergency rules amending chapter 388-14A in order to implement Substitute House Bill 2302 (SHB 2302, Chapter 227, Laws of 2020) regarding abatement of child support obligations for certain incarcerated individuals as well as other administrative provisions regarding service and mailing of modification requests and hearing notices. Relevant provisions of SHB 2302 took effect February 1, 2021.

WAC 388-310-0800

The department is amending WAC 388-310-0800, WorkFirst—Support services, to expand access of support services during the time of and recovery from the COVID-19 pandemic.

WAC 388-412-0015

The Consolidated Appropriations Act of 2021, P.L. 116-260, enacted December 27, 2020, increased the minimum allotment for SNAP (Basic Food) from $16.00 to $19.00. The American Rescue Plan Act of 2021, P.L. 117-2, enacted March 11, 2021, made this change effective through September 30, 2021.

WAC 388-484-0006

The department is amending WAC 388-484-0006, TANF/SFA time limit extensions, to implement statutory requirements under Second Substitute Senate Bill 6478 (Chapter 320, Laws of 2020) and expand the definition of homelessness, as defined in the McKinney-Vento Homeless Assistance Act.

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

The Department is extending emergency amendments to the following rules 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?; and WAC 388-450-0195, Does the department use my utility costs when calculating my basic food or WASHCAP benefits? The Department is also extending emergency amendments to the following WAC to implement annual adjustments to standards and to include a 15 percent increase to maximum allotments allowed by H.R.133 Consolidated Appropriations Act 2021: WAC 388-478-0060, What are the income limits and maximum benefit amounts for basic food?

WAC 388-310-1600

WAC 388-310-1600, WorkFirst-Sanctions, to support implementation of Substitute House Bill 2441 (Chapter 338, Laws of 2020), effective July 1, 2021, which extends the amount of time a Temporary Assistance for Needy Families (TANF) program recipient can remain in sanction status due to noncompliance with WorkFirst activities before the assistance grant is terminated.

WAC 388-482-0005

The department continues to amend WAC 388-482-0005, How does being a student of higher education affect my eligibility for the Washington basic food program?, under emergency rule to implement changes to student eligibility for Basic Food as provided in the Consolidated Appropriation Act, 2021 (H.R. 133, Section 702) due to the Coronavirus (COVID-19) pandemic.

WAC 388-310-0350

The department is amending WAC 388-310-0350, WorkFirst – Other exemptions from mandatory participation, to expand and clarify exemptions from mandatory participation when clients are unable to participate in WorkFirst activities due to a declared state of emergency.

WAC 388-14A-5015, 5100

The DSHS Division of Child Support (DCS) is amending WAC 388-14A-5015 and WAC 388-14A-5100 to align WACs with the Legislature’s re-enactment of pass-through payments in 2SSB 5144 (Chapter 349, Laws of 2020).

WAC 388-437-0015, 476-0005

The department is adopting WAC 388-437-0015, “Good cause extension of Social Security number (SSN) requirement for basic food applicants during COVID-19,” to comply with approval from the US Department of Agriculture (USDA) Food and Nutrition Service (FNS) and extend the amount of time an applicant or recipient can provide their SSN during the COVID-19 pandemic. The department is also amending WAC 388-476-0005, “Social Security number requirements,” to better align rule language with federal regulations governing the Supplemental Nutrition Assistance Program (SNAP).

WAC 388-437-0005

The department is amending WAC 388-437-0005, Changes to food assistance in response to the COVID-19 pandemic, to define that households that receive a zero benefit are not eligible for emergency adjustments to food assistance benefit issuances implemented under the Families First Coronavirus Response Act (H.R. 6201, Section 2302).

WAC 388-436-0015, 0040, 0050, 0055

The department is amending WAC 388-436-0015, Consolidated emergency assistance program (CEAP); 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 adjust Consolidated Emergency Assistance and related Disaster Cash Assistance program rules in alignment with the current state of emergency and order from the Governor under RCW 74.04.660 (6).

WAC 388-437-0002

The department is adopting WAC 388-437-0002, What is the minimum emergency food assistance allotment an assistance unit may receive?, to expand adjustments to food assistance benefit issuances implemented under the Families First Coronavirus Response Act (H.R. 6201, Section 2302) and updated guidance from Food and Nutrition Services issued on April 1, 2021.

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 clarifies that these temporary procedures employed by USPS are acceptable for purposes of certified mail service. The Division of Child Support (DCS) has filed a CR-101 Preproposal Statement of Inquiry under WSR 20-09-148 and is currently working with internal and external stakeholders on permanent rulemaking on this subject. 

Chapter 388-439 WAC

The department is adopting WAC 388-439-0005, What is the pandemic EBT program?; WAC 388-439-0010, Eligibility of pandemic EBT benefits for the 2020-2021 school year; and WAC 388-439-0015, General information about pandemic EBT benefits. Emergency adoption of these rules supports implementation of the Pandemic EBT (P-EBT) program for eligible children who do not have access to free or reduced-price school meals due to school closure or lack of in-person instruction as a result of the COVID-19 pandemic, as allowed under Section 1101 of H.R. 6201, Families First Coronavirus Response Act (as amended by Section 4601 of H.R. 8337, Continuing Appropriations Act, 2021 and Other Extensions Act of 2020).

WAC 388-444-0010, 0030, 0035

The department is amending WAC 388-444-0010, Who is exempt from work registration while receiving basic food?; 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?; and WAC 388-444-0035, Who is exempt from ABAWD time limits and minimum work requirements? These amendments will align rules regarding basic food work registration and able bodied adults without dependents (ABAWD) work requirements more closely with federal Supplemental Nutrition Assistance Program regulations, and strike obsolete or duplicative language.

WAC 388-484-0006

The department is extending emergency amendments to WAC 388-484-0006, TANF/SFA time limit extensions, that 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”). This emergency rule is effective March 25, 2021 through June 30, 2021.

WAC 388-437-0005

The department is adopting WAC 388-437-0005, Changes to food assistance in response to the COVID-19 pandemic, allowing the department to adjust food assistance benefit issuances as provided under the Families First Coronavirus Response Act (H.R. 6201 Section 2302). These adjustments to food benefit issuances have been in effect since March 31, 2020 under emergency rule adoptions filed as WSR 20-08-107, WSR 20-10-048, WSR 20-18-029, and WSR 21-01-193.

Chapter 388-447, 449 WAC

The department is extending emergency amendments to 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 ABD and HEN Referral clients and medical providers resulting from the ongoing COVID-19 virus (commonly referred to as the “Coronavirus”) public health crisis.

WAC 388-434-0005

The department is adopting housekeeping amendments to WAC 388-434-0005, How often does the department review my eligibility for benefits?, to update outdated terminology without changing the effect of the rule.

WAC 388-310-0350

The department is extending emergency amendments to WAC 388-310-0350, WorkFirst – Other exemptions from mandatory participation, which temporarily exempt participants from mandatory WorkFirst participation. This emergency rule is effective March 13, 2021 through June 30, 2021.

WAC 388-447-0130, 449-0230

The department is adopting WAC 388-447-0130, What referral to the housing and essential needs (HEN) program rules may the department implement during a state of emergency?; and WAC 388-449-0230, What aged, blind, or disabled (ABD) program rules may the department implement during a state of emergency?, to mitigate impacts ABD and HEN Referral program clients and their medical providers during the Coronavirus (COVID-19) pandemic and future states of emergency. 

WAC 388-434-0015

The department is extending emergency adoption of WAC 388-434-0015, Extension of certification periods and waiver of eligibility reviews and mid-certification reviews during the COVID-19 pandemic, to implement administrative flexibilities regarding certification periods and mid-certification reviews as allowed under H.R. 8337, Continuing Appropriations Act, 2021 and Other Extensions Act of 2020. This is the third emergency filing on this subject and extends the second emergency rule filed as WSR 20-22-065 on October 30, 2020. The first emergency rule filed as WSR 20-10-046 on April 29, 2020 for the months of April, May, and June 2020 was intentionally allowed to expire.

Chapter 388-14A WAC

The DSHS Division of Child Support (DCS) files this CR-103E, Rule-Making Order, to adopt emergency rules amending chapter 388-14A WAC to implement Substitute House Bill 2302 (SHB 2302, Chapter 227, Laws of 2020) regarding abatement of child support obligations for certain incarcerated individuals as well as other administrative provisions regarding service and mailing of modification requests and hearing notices. Relevant provisions of SHB 2302 took effect on February 1, 2021. This filing cancels and supersedes the CR-103E Rule-Making Order filed as WSR 21-05-011 on February 4, 2021.

Chapter 388-14A WAC

The DSHS Division of Child Support (DCS) files this CR-103E, Rule-Making Order, to adopt emergency rules amending chapter 388-14A WAC in order to implement Substitute House Bill 2302 (SHB 2302, Chapter 227, Laws of 2020) regarding abatement. Relevant provisions of SHB 2302 took effect February 1, 2021.

WAC 388-482-0005

The department is amending WAC 388-482-0005, How does being a student of higher education affect my eligibility for the Washington basic food program?, to implement changes to student eligibility for Basic Food as provided in the Consolidated Appropriation Act, 2021 (H.R. 133, Section 702) due to the Coronavirus (COVID-19) pandemic.

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

The department is extending emergency amendments to the following rules, which 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?; and WAC 388-450-0195, Does the department use my utility costs when calculating my basic food or WASHCAP benefits?

WAC 388-437-0015, 476-0005

The department is adopting WAC 388-437-0015, Good cause extension of social security number (SSN) requirement for basic food applicants during COVID-19, to comply with approval from the US Department of Agriculture (USDA), Food and Nutrition Service (FNS) to extend the amount of time good cause for failure to provide the SSN is allowed during the COVID-19 pandemic. The department is also amending WAC 388-476-0005, Social Security number requirements, to align rule language more closely with federal regulation governing the Supplemental Nutrition Assistance Program (SNAP). The department filed a CR-101 Preproposal Statement of Inquiry for WAC 388-437-0015 as WSR 21-03-009 on January 8, 2021, and a CR-101 Preproposal Statement of Inquiry for WAC 388-476-0005 as WSR 20-22-079 on November 3, 2020 to begin the permanent rulemaking process.

WAC 388-437-0005

The department is extending emergency WAC 388-437-0005, Changes to food assistance in response to the COVID-19 pandemic, to continue adjustments to food assistance benefit issuances implemented under the Families First Coronavirus Response Act (H.R. 6201, Section 2302). This subsequent emergency adoption extends the emergency rule adopted as WSR 20-18-029. The department filed a CR-101 Preproposal Statement of Inquiry as WSR 20-17-124 and a CR-102 Proposed Rule Making as WSR 20-24-072, and a public hearing on the proposed rule is scheduled for January 5, 2021. 

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. The department filed a CR 101 preproposal statement of inquire under WSR 20-09-148 and is actively pursuing permanent adoption, drafting language to propose under a CR 102 proposal.