WSR 97-10-038

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

(Public Assistance)

[Filed April 30, 1997, 4:36 p.m., effective May 1, 1997]

Date of Adoption: April 30, 1997.

Purpose: To comply with the federal requirement in Public Law 104-193 that temporary assistance to needy families (TANF) impose a ten-year disqualification period for persons convicted of fraudulently misrepresenting their place of residence in order to obtain assistance in two or more states. To deny assistance to TANF applicants and recipients who have been convicted of unlawful practices in obtaining TANF or general assistance.

Citation of Existing Rules Affected by this Order: Amending WAC 388-46-110 Disqualification period for applicants and recipients convicted of unlawful practices in obtaining assistance.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, and 74.08.290.

Other Authority: Public Law 104-193, Section 103 (a)(1) (1996).

Adopted under notice filed as WSR 97-05-070 on February 19, 1997.

Changes Other than Editing from Proposed to Adopted Version: None. Removed reference to state court in order to clarify that this rule applies to any conviction for unlawful practices in obtaining temporary assistance to needy families or general assistance.

Number of Sections Adopted in Order to Comply with Federal Statute: New 1, amended 1, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: RCW 34.05.380 (3)(a) allows a rule to become effective immediately if such action is required by the state or federal Constitution, a statute, or court order. This rule is required by Public Law 104-193 and by RCW 74.08.029.

Effective Date of Rule: May 1, 1997.

April 30, 1997

Merry A. Kogut, Manager

Rules and Policies Assistance Unit

AMENDATORY SECTION (Amending Order 3892, filed 9/6/95, effective 10/7/95)

WAC 388-46-110 Disqualification period for recipients convicted of unlawfully obtaining assistance. (1) An applicant or recipient who has been convicted of unlawful practices in obtaining temporary assistance to needy families (TANF) or general assistance ((shall)) will be disqualified from receiving further TANF or general assistance benefits.

(2) For general assistance, the disqualification ((shall)) will apply only to convictions based on actions which occurred on or after July 23, 1995. For TANF, the disqualification will apply only to convictions based on actions which occurred on or after May 1, 1997.

(3) The length of the disqualification shall be for a period to be determined by the court, but in no event less than six months upon the first conviction and no less than twelve months for a second or subsequent violation.

(4) The disqualification applies only to the person convicted of unlawful practices.

(5) The disqualification period begins on the date the individual is convicted of unlawful practices related to obtaining assistance.

(6) The department shall terminate benefits to a recipient disqualified under this section following notice requirements specified under chapter 388-245 WAC. The department shall deny benefits to an applicant according to chapter 388-215 WAC for the duration of the disqualification period.

[Statutory Authority: RCW 74.08.331, 74.08.290 and 1995 c 379. 95-19-003 (Order 3892), 388-46-110, filed 9/6/95, effective 10/7/95.]

NEW SECTION

WAC 388-46-120 Disqualification period for temporary assistance to needy families (TANF) applicants or recipients convicted of misrepresenting residence to obtain assistance in two or more states. (1) An applicant or recipient of TANF will be disqualified from receiving further benefits under TANF if the individual is convicted in federal or state court of having made a fraudulent statement or representation with respect to the place of residence of the individual in order to receive assistance simultaneously from two or more states.

(2) For the purposes of determining the disqualification of an applicant or recipient under subsection (1) of this section, assistance is defined as receipt of benefits funded by the following:

(a) TANF and any other benefit authorized by Title IV-A of the Social Security Act;

(b) Any benefit authorized by The Food Stamp Act of 1997;

(c) Any benefit authorized by Title XIX, Medicaid; and

(d) Supplemental Security Income benefits authorized by Title XVI.

(3) The disqualification will apply only to convictions based on actions which occur on or after May 1, 1997.

(4) The length of the disqualification is ten years or the period determined by the court under WAC 388-46-110, whichever is longer.

(5) The disqualification applies only to the person convicted of fraud in a federal or state court.

(6) The disqualification period begins on the date the individual is convicted of having made fraudulent statement or representation with respect to the place of residence of the individual in order to receive assistance simultaneously from two states.

(7) The provisions of subsections (1) through (6) of this section do not apply to the conviction of an individual when the President of the United States has granted a pardon with respect to the conduct which was the subject of the conviction. The disregard of the provisions because of a pardon is effective the date the pardon is granted and continues for each month thereafter.

[]

Legislature Code Reviser

Register

Washington State Code Reviser's Office