Economic Services Administration

WAC 388-410-0030

The department is adopting amendments to WAC 388-410-0030, “How does the department calculate and set up my basic food, FAP, or WASHCAP overpayment?” These amendments clarify that overpayments due to intentionally trafficking of food benefits will represent the entire value of the benefits determined to have been trafficked.

Sharon Hill-Laguerre (360) 870-9316

Roanne Harris (360) 870-8059

Chapter 388-60B WAC

These amendments allow domestic violence intervention treatment (DVIT) programs to provide services via HIPAA compliant video sessions, when certain standards are met. This filing is in response to a rule-making petition received from a consortium of DVIT providers seeking to preserve the ability to provide treatment through virtual platforms, which began during pandemic-related shutdowns. As applicable, these amendments make additional changes required to improve clarity, update policy, or better align rule language with state and federal law or regulations.
 

WAC 338-449-0080

The Department is amending WAC 388-449-0080, “Sequential evaluation process step IV—How does the department evaluate if I am able to perform relevant past work?” These amendments are necessary to align Aged, Blind, or Disabled (ABD) program rules with Social Security Administration’s revision of the definition of “past relevant work,” by reducing the relevant work period from 15 to five years. When effective, this permanent filing supersedes the emergency rule filed under WSR 24-21-091.

Deanna Ballard (360) 338-2896

Roanne Harris (360) 870-8059

WACs 388-487-0010, 388-487-0020 & 388-487-0030

The department is adopting WAC Chapter 388-487, “Sun Bucks,” to include the following WAC sections: WAC 388-487-0010, ”What is the sun bucks program?”, 388-487-0020, “Is my child eligible for sun bucks?”, and 388-487-0030, “General information about sun bucks benefits.” Adoption of these rules supports implementation of the Summer Electronic Benefits Transfer (EBT) program, also known as SUN Bucks. SUN Bucks is a new program authorized under the Consolidated Appropriations Act, 2023 (H.R. 2617) to provide additional food benefits to certain eligible children for designated summer periods (effective June 2024). Once effective, this filing supersedes the emergency rule filed under WSR 24-20-016.

Angela Aikins 

Roanne Harris (360) 870-8059

WAC 388-449-0080

The department is extending emergency amendments to WAC 388-449-0080, “Sequential evaluation process step IV—How does the department evaluate if I am able to perform relevant past work?” These amendments are necessary to better align Aged, Blind, or Disabled (ABD) program rules with Social Security Administration’s revision of the definition of “past relevant work,” by reducing the relevant work period from 15 to five years.
 

Deanna Ballard (360) 338-2896

Roanne Harris (360) 870-8059

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

The Department is adopting emergency 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?”, 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 are necessary to implement Supplemental Nutrition Assistance Program (SNAP) cost-of-living adjustments received from the United States Department of Agriculture, Food and Nutrition Service and must take effect October 1, 2024.

Sharon Hill-Laguerre (360) 870-9316

Roanne Harris (360) 870-8059

WAC 388-310-0800

The department is adopting amendments to WAC 388-310-0800, WorkFirst – Support Services. These amendments expand access to support services to assist with housing and utility needs for WorkFirst families. Funding for this purpose is supported within the Operating Budget and WorkFirst Spending Plan for SFY 2025. Additionally, these amendments increase support service flexibility by removing particular restrictions.

Related emergency rules are currently in place. When effective, this permanent filing supersedes the emergency rule filed under WSR 24-14-046.

Melissa Kenney (360) 764-3272

Roanne Harris (360) 870-8059

WAC 388-14A-3375

The department is amending WAC 388-14A-3375 to remove a reference to public assistance standards. Under WAC 388-14A-3375, the Division of Child Support (DCS) is authorized to provide several different types of credits towards a paying parent’s support obligations. One of these is a credit for payments made towards shelter care before service of the administrative support establishment notice. The calculation of the credit is based on one-half of the actual shelter payment or on public assistance standards. The public assistance standards referenced in WAC 388-14A-3375 were established by the Community Services Division (CSD) in WAC 388-478-0010 and have since been repealed. Public assistance standards can no longer be a basis for the credit. Removal of the reference is appropriate. DCS also proposes other technical edits in line with the Office of the Code Reviser’s drafting guidelines.

WAC 388-310-0300, 388-310-1450 & 388-484-0006

The department is amending the following WAC sections: WAC 388-310-0300, “WorkFirst - Infant care exemptions for mandatory participants.”, 388-310-1450, “Pregnancy to employment.” and 388-484-0006 “TANF/SFA time limit extensions.” These amendments support implementation of Substitute House Bill 2007 (Chapter 181, Laws of 2024), effective July 1, 2024, which creates a TANF time limit extension for households caring for a child under the age of two that qualify for an infant, toddler, or postpartum exemption from WorkFirst activities. As applicable, these amendments make additional changes required to improve clarity, update policy, or better align rule language with state and federal law or regulations. Related emergency rules are currently in effect under WSR 24-14-045. When effective, this permanent filing supersedes the emergency rule filed under WSR 24-14-045.

Melissa Kenney (360) 764-3272

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?” Effective July 1, 2024, these amendments support funding provided in the Operating Budget (Chapter 376, Laws of 2024) to replace cash benefits stolen by skimming, cloning, or other fraudulent methods up to two times per federal fiscal year. In addition, the amendments update WAC language to align with federal rules requiring a signed statement from a household prior to replacing food purchased with food assistance benefits that were destroyed in a household disaster or misfortune. Once effective, this permanent filing supersedes the emergency rule filed under WSR 24-14-047.

Deanna Ballard (360) 338-2896

Roanne Harris (360) 870-8059

WAC 388-310-0800

The department is adopting emergency amendments to WAC 388-310-0800, “WorkFirst – Support Services.” Effective July 1, 2024, these amendments will restore WorkFirst support services to address housing and utility needs for participants. Funding for these services is supported within the WorkFirst Spending Plan for state fiscal year 2025.

Melissa Kenney (360) 764-3272

Roanne Harris (360) 870-8059

WAC 388-449-0080

The department is adopting emergency amendments to WAC 388-449-0080, “Sequential evaluation process step IV—How does the department evaluate if I am able to perform relevant past work?” These amendments are necessary to align Aged, Blind, or Disabled (ABD) program rules with Social Security Administration’s revision of the definition of “past relevant work,” by reducing the relevant work period from 15 years to five years.

Deanna Ballard (360) 338-2896

Roanne Harris (360) 870-8059

WACs 388-416-0005, 388-418-0011 & 388-450-0200

The department is adopting amendments to the following WAC sections: WAC 388-416-0005, “How long can I get basic food?”, 388-418-0011, “What is a mid-certification review, and do I have to complete one in order to keep receiving benefits?”, and 388-450-0200, “Will the medical expenses of elderly persons or individuals with disabilities in my assistance unit be used as an income deduction for basic food?” 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. Related emergency rules are currently in place. When effective, this permanent filing supersedes the emergency rule filed under WSR 24-10-045.

Angela Aikins 

Roanne Harris (360) 870-8059

WACs 388-487-0010, 388-487-0020 & 388-487-0030

The department is creating WAC Chapter 388-487, “SUN Bucks,” and adopting the following WAC sections: WAC 388-487-0010, “What is the sun bucks program?”, 388-487-0020, “Is my child eligible for sun bucks?”, and 388-487-0030, “General information about sun bucks benefits.” Adoption of these rules will support implementation of the new Summer EBT program, known as “SUN Bucks,” beginning after the 2023-2024 school session in accordance with a federally approved state plan.

Joyce Hensen (425) 999-5162

Roanne Harris (360) 870-8059

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

The department is amending the following WAC sections:  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 more accurately align Pandemic EBT (P-EBT) program rules with federal regulations. Related emergency rules are currently in place. When effective, this permanent filing supersedes the emergency rule filed under WSR 24-09-060.

Angela Aikins 

Roanne Harris (360) 870-8059

WAC 388-437-0001

The department is amending WAC 388-437-0001, “Disaster food stamp program.” These housekeeping amendments correct the name of the program from “food stamp” to “supplemental nutritional assistance” without changing the effect of the rule.

Angela Aikins 

Roanne Harris (360) 870-8059

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 388-450-0185, 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 388-436-0065

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 388-412-0025, 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

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

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 388-439-0020 & 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 388-484-0005 & 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 388-418-0005, 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

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

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 388-474-0012 & 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 388-450-0185, 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.
 

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 388-458-0040 & 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 388-446-0015

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 388-310-1600

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 388-439-0005, 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 388-474-0012 & 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 388-484-0006

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.

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.
 

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 388-444-0055

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.

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 388-412-0015, 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 388-400-0030, 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).

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.

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 388-424-0001, 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 388-412-0046

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 388-412-0015, 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 388-310-0800

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 388-493-0010

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 388-400-0060, 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.

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 388-439-0005, -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 388-412-0025

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 388-424-0015

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 388-484-0006

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 388-400-0060, 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 388-400-0030, 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.

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.

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 388-14A-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 388-449-0001, -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 388-437-0005

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).

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.

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.

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 388-437-0005

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