WSR 97-14-082

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

(Public Assistance)

[Filed July 1, 1997, 12:02 p.m., effective July 1, 1997]

Date of Adoption: June 30, 1997.

Purpose: The 1994 legislature enacted RCW 74.12.036 requiring the department to eliminate the one hundred-hour work rule for recipients of aid to families with dependent children-employable (AFDC-E). Due to federal AFDC requirements, the department was only able to suspend the one hundred-hour rule for recipients for up to eighteen months. Public Law 104-193 replaced the AFDC program with temporary assistance for needy families (TANF), which allows states to establish their own eligibility rules. This rule change fulfills the statutory requirement of RCW 74.12.036.

Citation of Existing Rules Affected by this Order: Amending WAC 388-215-1375 Deprivation--Unemployment--Defined.

Statutory Authority for Adoption: RCW 74.12.036.

Other Authority: RCW 74.08.090.

Adopted under notice filed as WSR 97-09-108 on April 23, 1997.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 1, repealed 0.

Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: This order must become effective on July 1, 1997, otherwise it may result in a loss of benefits to some clients because the existing rule, which became effective eighteen months ago, only suspended the one hundred-hour rule for recipients for eighteen months. RCW 34.05.380 (3)(c) allows for an earlier effective date if the public safety, health or welfare are imperiled.

Effective Date of Rule: July 1, 1997.

June 30, 1997

Merry A. Kogut, Manager

Rules and Policies Assistance Unit

AMENDATORY SECTION (Amending WSR 96-23-021, filed 11/12/96, effective 12/13/96)

WAC 388-215-1375 Deprivation--Unemployment--Defined. The department shall consider the qualifying parent to be unemployed when the qualifying parent is:

(1) A recipient; or

(2) An applicant who is:

(a) Employed less than one hundred hours a month; or

(((2) Is)) (b) Employed one hundred hours or more for a particular month if((:

(a))) the qualifying parent:

(i) Was employed less than one hundred hours for each of the two previous months; and

(((b))) (ii) Is expected to be employed less than one hundred hours during the next month((; or

(3) Is a recipient who works one hundred hours or more a month for up to eighteen consecutive months; or

(4) Participates in institutional and work experience training under the jobs program and is not otherwise employed over one hundred hours)).

[Statutory Authority: RCW 74.08.090 and 74.12.036. 96-23-021, 388-215-1375, filed 11/12/96, effective 12/13/96. Statutory Authority: RCW 74.08.090. 94-10-065 (Order 3732), 388-215-1375, filed 5/3/94, effective 6/3/94. Formerly WAC 388-24-074 (part).]

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