WSR 97-22-050

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

(Public Assistance)

[Filed October 31, 1997, 4:00 p.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-11-080 on May 21, 1997.

Title of Rule: WAC 388-245-1510 Effective dates.

Purpose: To exercise an option under Public Law 104-193 that allows waiving retroactive case overpayments for temporary assistance to needy families (TANF) and to state family assistance (SFA) clients who timely report a change in their earned income.

Statutory Authority for Adoption: RCW 74.04.050, 74.08.090.

Statute Being Implemented: Public Law 104-193, 1996.

Summary: When clients' earned income makes them ineligible for assistance, they are ineligible effective the first day of the month following the month in which they received the earned income if they report the income on time. If they don't report the income on time, they are ineligible the month they receive the income. If clients who do not report their income on time have received and cashed their public assistance check for that month, the assistance is an overpayment.

Reasons Supporting Proposal: To make it more beneficial for TANF and SFA recipients to enter the workforce.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Virginia H. Paynter, WorkFirst Division, (360) 413-3098.

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: WAC 388-245-1510 Effective dates, when clients, who are working, report their earned income on time and that income makes them ineligible for assistance, they are ineligible the first day of the month following the month in which they received the earned income. If clients do not report their earned income on time, they are ineligible the month they receive the income. If they have received and cashed their public assistance check for that month, the assistance is an overpayment. This will help recipients transition more easily from assistance to work because they won't have an overpayment if they report their income on time.

Proposal Changes the Following Existing Rules: WAC 388-245-1510 Effective dates, allows waiving retroactive case overpayments to clients who timely report earned income. This was not allowed under the former aid to families with dependent children (AFDC) program.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule change does not impact small businesses.

RCW 34.05.328 does not apply to this rule adoption. The Department of Social and Health Services rules relating to medical and financial eligibility are exempt.

Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on December 9, 1997, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Paige Wall by November 26, 1997, phone (360) 902-7540, TTY (360) 902-8324, e-mail pwall@dshs.wa.gov.

Submit Written Comments to and Identify WAC Numbers: Paige Wall, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, FAX (360) 902-8292, by December 9, 1997.

Date of Intended Adoption: No sooner than December 10, 1997.

October 31, 1997

Merry A. Kogut, Manager

Rules and Policies Assistance Unit

AMENDATORY SECTION (Amending WSR 94-10-065, filed 5/3/94, effective 6/3/94)

WAC 388-245-1510 Effective date of ineligibility for terminated grants. (1) When a change in income((, including the receipt of a lump-sum payment,)) causes ineligibility for more than one month, the ((recipient)) effective date of ineligibility shall be ((ineligible effective the first day of the month of receipt.)) determined as follows:

(a) When recurrent income (WAC 388-22-030), received in the budget month (WAC 388-218-1050(3)), causes ineligibility, the assistance unit shall be ineligible on the first day of the payment month (WAC 388-218-1050(17)) if the following circumstances are met:

(i) The assistance unit is subject to retrospective income budgeting (WAC 388-218-1910), and

(ii) The income is reported timely as required under WAC 388-245-1715 for nonmonthly reporting households or under WAC 388-245-2050 for households required to report monthly.

(b) For all other changes in income which cause ineligibility, including the receipt of a lump-sum payment, the assistance unit shall be ineligible on the first day of the month in which the income is received.

(2) When the change causes ineligibility for one month only, the department shall follow WAC 388-245-1400 and 388-245-1410.

(3) When a change of circumstances other than increased income renders the assistance unit or any member of the assistance unit ineligible, the effective date of the recipient's ineligibility shall be the first day of the month following the month in which the change occurred, except for:

(a) Striking workers, see WAC 388-215-1540.

(b) Clients who receive general assistance based on the relinquishment of a child for adoption.

[Statutory Authority: RCW 74.08.090. 94-10-065 (Order 3732), 388-245-1510, filed 5/3/94, effective 6/3/94. Formerly WAC 388-33-135 (part).]

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