WSR 97-22-051

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

(Public Assistance)

[Filed October 31, 1997, 4:04 p.m.]

Date of Adoption: October 31, 1997.

Purpose: To exercise an option under Public Law 104-193 that allows a longer period of time between reviews of eligibility. The state plan now requires an eligibility review every twelve months instead of every six months.

Citation of Existing Rules Affected by this Order: Amending WAC 388-245-1150.

Statutory Authority for Adoption: RCW 74.04.050, 74.08.090.

Other Authority: Public Law 104-193 (1996).

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: This rule is client-beneficial. Recipients only have to have their eligibility reviewed once every twelve months instead of once every six months. This helps TANF and SFA clients focus more on employment and gives community services offices more time to assist the clients in employment efforts. The permanent rule is in process and this second emergency filing is needed so that clients will only have to have an eligibility review once every twelve months and worker time will be increased right away to help clients in employment goals.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 1, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 1, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Immediately.

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 388-245-1150 Periodic and special review of eligibility. (1) The department shall redetermine the eligibility of financial assistance recipients at least once in every ((six)) twelve months of continuous receipt of assistance. The redetermination shall include:

(a) A review of each eligibility factor and an evaluation of any change occurring since eligibility was previously established or reviewed; and

(b) For ((AFDC)) TANF and SFA recipients, a face-to-face interview at least once every twelve months.

(2) At each periodic review of eligibility the department shall provide the recipient information regarding:

(a) Significant changes in public assistance laws or department rules not previously discussed which may affect the recipient; and

(b) The recipient's legal rights and responsibilities in connection with public assistance.

(3) The department shall complete a full review if a sufficient number of factors have changed to require a redetermination of eligibility.

[Statutory Authority: RCW 74.08.090. 94-10-065 (Order 3732), 388-245-1150, filed 5/3/94, effective 6/3/94. Formerly parts of WAC 388-38-260, 388-38-280 and 388-38-285.]

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