Revised December 8, 2011
To describe what an assistance unit is and how it is formed for cash, medical and food assistance programs. The following sections are contained in this chapter.
This section shows who must be in an assistance unit (AU) for the Washington Basic Food Program and explains how certain living arrangements impact a client's AU and eligibility for Basic Food.
Persons sharing a residence must be one Basic Food household when they:
When a mandatory member as described in WAC 388-408-0035 moves into the home of an AU already receiving benefits under TFA, this person cannot be added to the TFA AU unless the household opts out of TFA to apply for regular Basic Food. The new member cannot receive benefits separately if they are required to be in the AU under the WAC. Refer to WAC 388-489-0015 for more information.
If a client does not currently buy and prepare food separately from others in the home **only** because they have no food or money to buy food, they may be a separate AU from the others in the home if they are not required to be in the same AU under WAC 388-408-0035 (2) **and** they intend to buy and prepare food separately from the others.
If a minor is homeless and is temporarily living at the residence of an adult who is not their parent and does not provide for them financially, they are not considered to be under parental control and can be their own assistance unit.
Examples of when a minor is not under parental control include, but are not limited to, when the minor is:
A minor is not required to have a residence or income to be eligible for Basic Food. A child should not be considered "financially dependent" unless the child receives significant and sustained financial or other in-kind support from a non-parental adult.
If the minor regularly buys and prepares food with others, everyone who does must be in the same assistance unit for Basic Food.
While there are no special eligibility requirements for homeless youth, they must be provided the same rights, protection, and accommodations as homeless individuals, including the exception to the requirement to verify residency. Other important considerations include:
If a minor child doesn't live with an adult, we decide whom to include in the AU as if the minor child was an adult. A minor child who lives alone is independent of an adult even if they have been assigned a payee.
If a minor has a payee, but they get and have control of income of at least the TANF payment standard in WAC 388-478-0060 (2), we consider them as financially independent from unrelated adults in the home.
If the payee has control of the minor’s income such as deciding which bills to pay and shopping for the minor, the child is not financially independent and must be in the adult’s AU.
An individual can only be in one AU during a given month. A child may get Basic Food in the AU where they are "living". We do not use a set number of hours or days someone must sleep in the home to decide if a child is living in the home. If a child stays with their parents who do not live together, we decide where the child lives based on the actual living arrangements.
If a child lives with both parents, both parents must be in the AU regardless of whether or not the parents buy and cook food together. An unmarried parent cannot choose to be excluded from the AU if the other parent has applied for Basic Food for the child.
If a person age 18 through 21 lives at the same address as their parents, this person can be a separate AU from the parents only if they have separate living, cooking, and sanitation facilities.
Also see WASHCAP rules (WAC 388-492-0030, (1)(c)(ii)) for SSI recipients, ages 18 through 21 living with a parent.
If someone lives at the same address as their spouse, this person can be a separate AU from their spouse only if they have separate living, cooking, and sanitation facilities.
11. Same-Sex Legally Married Couples:
As of July 28, 2014, legally married same-sex couples are treated the same as heterosexual married couples and fall under the definition of "spouses" for the purposes of determining who buys and prepares food together and are in the same food assistance AU.
12. Child living with biological parent:
Adoption ends a biological parent's parental rights as well as their legal and financial responsibilities to the child. If a child who has been adopted lives in the same home as one of their biological parents, we do not consider it any different than if they were living with an unrelated adult.
We determine if the child is in the same AU as their biological parent based whether or not the child is financially independent from their biological parent, and the arrangements for buying and preparing food.
13. Live-in attendants:
a. A client does not have to be a paid employee to be a live-in attendant.
b. Someone who must be in a client's AU under WAC 388-408-0035 (2) cannot be in a separate AU even if this person is a live-in attendant.
14. Income of an elderly and disabled AU member's spouse:
a. If an elderly and disabled person can't buy and cook their own food, but they want to be a separate AU, we compare the income of the other people who live in the home to the 165% standard.
b. We don't count the income of the elderly and disabled person's spouse in the above step because spouses who live in the same home must always be in the same AU.
15. Home-monitored AU members:
For Basic Food, AU members who live at home and are being monitored by the court or the Department of Corrections are not considered as living in an institution. They can get Basic Food benefits if they meet all other eligibility requirements.
16. Clients living in a group home:
Clients who live in certain group homes may be eligible for Basic Food even though they are living in an institution. See WAC 388-408-0040 to determine if a client living in a group home can receive Basic Food.
17. State-Funded Basic Food AUs:
We use the same rules to build an AU for state-funded Basic Food as we do for federally funded benefits.
Deciding if a Boarder Pays a Reasonable Amount for Meals
For someone to be eligible for Basic Food based on living in federally subsidized housing for the elderly, the housing must meet both of the following two conditions:
The facility must be expressly for the elderly; and
The facility must be federally subsidized.
If a residence offers an optional meal plan as a part of their normal services, we only consider a resident to be living in an institution for Basic Food if they choose to get their meals through the optional plan.
If someone chooses to get the majority of their meals through an optional meal plan, the person is living in an institution. For this person to be eligible for Basic Food benefits, the institution must meet the requirements of WAC 388-408-0040 .
A person who lives in an institution that provides meals may be eligible for Basic Food benefits when:
The person living in the institution can't eat the institution's meals because they need a special diet; and
The institution is unable or unwilling to provide the special diet.
Some group living arrangements are not qualified group homes, but we don’t consider them institutions, because the facility doesn’t prepare the majority of meals for the persons living there. In this case, we look at the client’s living arrangements and whether or not they buy and fix food together to determine who must be in the AU under WAC 388-408-0035.
A Supported Living Provider (formerly Intensive Tenant Support Services or ITS Home) provides services to DDA clients and is licensed by DDA.
Drug or alcohol treatment centers certified by FNS as eligible for Basic Food: (Nonprofit facility authorized as a retailer under 7 CFR §278.1(e))
A facility's status as "DOH licensed and certified" in this section only refers to the facility having a Supplemental Nutrition Assistance Program (SNAP) / Basic Food endorsement.
Drug and alcohol treatment centers endorsed by DOH as eligible for Basic Food:
(Nonprofit facility authorized as a retailer under 7 CFR §237.11(e))
According to the Washington Department of Commerce's Housing Division/ Homeless Programs and the Washington State Coalition for the Homeless, there are no "for-profit" shelters for the homeless in the state of Washington. We can assume that all the homeless shelters in Washington are non-profit for the purposes of determining eligibility for homeless applicants.
The rules for women and children living in domestic violence shelters (shelters for battered women and children) should be interpreted to include men and their children who are victims of domestic violence. The term "shelters for battered women and children" can be interpreted to mean "shelters for battered persons and their children".
If the AU is homeless at the time of application or recertification, we consider the AU homeless for the entire certification period.
The 90-Day Period for Temporary Living Arrangements
This section contains rules and procedures on how to decide who is in an assistance unit for TANF, SFA, PWA, ABD cash and HEN referral.
For more complete details see these EA-Z Manual chapters: APPLICATION and INTERVIEW REQUIREMENTS OTHER HELPFUL INFORMATION
For cash programs, we decide who is in the AU at application and when someone moves in or out of the home. We make this decision before we look at financial eligibility requirements.
In general, we decide who to include in the AU based on the relationship of people living in the home and whether they meet eligibility requirements other than income or resources. We may allocate the income of someone in the home excluded from the AU to people in the AU if the excluded person is financially responsible for someone in the AU.
A client that lives in the home but is under home monitoring or home detention ordered by the courts or the Department of Corrections is living in the home. We do not consider them as inmates of a public institution. Clients that live in a public institution aren't eligible for TANF under WAC 388-400-0005.
Adoption ends the legal relationship between biological siblings.
EXAMPLE Blessica is applying for TANF for her granddaughter Mahalia. Blessica provides documentation she has temporary custody of Mahalia while her dad is incarcerated. Since Blessica is not Mahalia’s parent and she isn’t legally or financially responsible for Mahalia, she can apply for a non-needy TANF grant for Mahalia.
EXAMPLE Six months later Blessica reports Mahalia won’t be going back to her parents’ home and provides a document verifying she’s now receiving the Guardianship Assistance Program (GAP) subsidy and has accepted legal and financial responsibility for Mahalia. Since Blessica is now financially responsible for Mahalia, we can’t exclude her from the TANF AU.
NOTE: If Blessica wanted assistance for Mahalia, she would need to apply for benefits for both of them.
If a financially responsible person cannot be in the AU under WAC 388-408-0020, we allocate the income of this person to the AU. How we allocate this income varies based on why the person is ineligible. See INCOME - Allocation and Deeming.
If a minor parent gets Title IV-E foster care, the minor parent's child is not eligible for TANF or SFA. The foster care payment includes the child's needs.
Adoption support
Adoption support is money given to families that adopt children with special needs. This money is intended to help the family with the special expenses that these children have.
For cash, this money is excluded because it is assistance from another agency that does not cover ongoing living expenses. See WAC 388-450-0055 for more information.
For Basic Food, this money is budgeted as countable unearned income.
Guardianship Assistance Program (GAP)
Guardianship Assistance GAP, also known as guardianship income, is money given to caregivers who accept permanent guardianship of a child. These caregivers have accepted permanent legal and financial responsibility for the child in their care and therefore must be included in the TANF AU. The Department of Children, Youth and Families (DCYF) determined these children have special needs. This money is intended to help the family with the special expenses for the children. The income is considered the children’s income.
For cash, this money is excluded because it is assistance from another agency that does not cover ongoing living expenses. See WAC 388-450-0055 for more information.
For Basic Food, this money is budgeted as countable unearned income.
EXAMPLE A child, Mohammad is living with their half-sibling, Liam and Liam's mother, Astrid, who is not the parent of Mohammad and has no financial responsibility for this child. Astrid is working and has income. Astrid can choose to apply for non-needy TANF for Mohammad and not include Liam in the needs, since including herself and Liam would cause the assistance unit to be over income for TANF.
NOTE: In this example, if Artem and common child Ana are added to the TANF assistance unit, they are all recipients. If Artem gains employment, the household may choose to exclude Artem and Ana from the TANF assistance unit, while Olivia and her other two children, Sofia and Luka continue receiving a TANF grant.
NOTE: In this example, if the entire household is eligible when we include Alex's income, the household can choose to exclude Alex and Kimani, as we can consider this a recipient assistance unit. If the family is eligible in the month of application, you can consider them as recipients and exclude the child, Kimani and co-parent, Alex before you issue benefits.
Families can always change the status of optional TANF AU members. In some cases, removing the optional AU member from the TANF AU may increase the benefits to the family.
See Assistance Unit (AU)