WSR 97-17-101

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

(Public Assistance)

[Filed August 20, 1997, 10:30 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-12-080.

Title of Rule: WAC 388-250-1310 Gross earned income cutoff level and 388-218-1735 Gross earned income test.

Purpose: To establish a gross earned income level for the purpose of determining financial eligibility for employed applicants/recipients of the temporary assistance for needy families (TANF) program.

Statutory Authority for Adoption: RCW 74.08.090.

Statute Being Implemented: Section 308, chapter 58, Laws of 1997 (EHB 3901).

Summary: State rules for determining financial eligibility for employed TANF applicants/recipients require that a family's gross earned income does not exceed the established gross earned income level.

Reasons Supporting Proposal: Required by state law.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Cindy Anderson, Lacey Government Center, Lacey, Washington, (360) 413-3095.

Name of Proponent: Department of Social and Health Services, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: To establish a gross earned income level for the purpose of determining financial eligibility for employed applicants/recipients of the TANF program.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Does not affect small business.

RCW 34.05.328 does not apply to this rule adoption. Rules of the Department of Social and Health Services relating only to client medical or financial eligibility are exempt under RCW 34.05.328.

Hearing Location: Lacey Government Center (behind Tokyo O'Bento restaurant), 1009 College Street S.E., Room 104B, Lacey, WA 98503, on September 23, 1997, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Leslie Baldwin by September 15, 1997, phone (360) 902-7540, TTY (360) 902-8324, e-mail lbaldwin@dshs.wa.gov.

Submit Written Comments to and Identify WAC Numbers: Leslie Baldwin, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, FAX (360) 902-8292, by September 23, 1997.

Date of Intended Adoption: No sooner than September 24, 1997.

August 18, 1997

Merry A. Kogut, Manager

Rules and Policies Assistance Unit

NEW SECTION

WAC 388-250-1310 Earned income cutoff levels. Effective November 1, 1997, the department will use the following table to determine financial need for the temporary assistance for needy families (TANF) program:

Number of Gross Earned

Family Members Income Level

1 $ 698

2 880

3 1,092

4 1,284

5 1,480

6 1,682

7 1,942

8 2,150

9 2,360

10 or more 2,566

[]

NEW SECTION

WAC 388-218-1735 Gross earned income test. (1) A family's monthly gross earned income shall be below the appropriate gross earned income level.

(2) The department defines a family to include everyone receiving temporary assistance for needy families cash assistance benefits and:

(a) Ineligible household members;

(b) Disqualified household members;

(c) The unborn child of a woman in her third trimester of pregnancy; and

(d) When residing together, the husband of a woman in her third trimester of pregnancy.

(3) Gross earned income does not include:

(a) Exempt income as defined in WAC 388-218-1200, Exempt income types;

(b) Exempt and disregarded educational assistance as defined in WAC 388-218-1210, Exempt and disregarded income--Educational assistance;

(c) Disregarded Native American benefits as defined in WAC 388-218-1220, Disregarded income--Native American benefits;

(d) Other disregarded income types as defined in WAC 388-218-1230, Disregarded income types;

(e) Business expenses for self-employed clients as defined in WAC 388-218-1350, Deductible self-employment expenses;

(f) The earnings of a minor child who is:

(i) A full-time student; or

(ii) A part-time student carrying at least half the normal school load and working fewer than one hundred fifty hours per month.

(g) Court or administratively ordered support paid to meet the needs of legal dependents not living in the home, up to:

(i) The amount actually paid; or

(ii) A one-person need standard for each legal dependent.

(h) Authorized ongoing additional requirement payment as defined in chapter 388-225 WAC, Special payments.