PERMANENT RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
Date of Adoption: January 15, 2003.
Purpose: Amending WAC 388-450-0045 to reflect the current federal requirement to exclude payments made through AmeriCorps and AmeriCorps VISTA as income.
Citation of Existing Rules Affected by this Order: Amending WAC 388-450-0045.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510.
Adopted under notice filed as WSR 02-23-084 on November 19, 2002.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.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Repealed 0;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Repealed 0;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 1,
Repealed 0.
Effective Date of Rule:
March 1, 2003.
January 13, 2003
Brian H. Lindgren, Manager
Rules and Policies Assistance Unit
3188.1(1) We treat payments issued under the Workforce Investment Act (WIA) as follows:
(a) For cash assistance and medical programs for families, children, and pregnant women, we exclude all payments.
(b) For Basic Food ((assistance)):
(i) We exclude OJT earnings for children who are eighteen years of age or younger and under parental control as described in WAC 388-408-0035.
(ii) We count OJT earnings as earned income for people who are:
(A) Age nineteen and older; or
(B) Age eighteen or younger and not under parental control.
(iii) We exclude all other payments.
(2) We ((treat)) exclude all payments issued under the
National and Community Service Trust Act of 1993
(((AmeriCorps) as follows:
(a) We exclude OJT earnings for children who are eighteen years of age or younger and under parental control as described in WAC 388-408-0035 (2)(c).
(b) We count OJT earnings as earned income for people who are:
(i) Age nineteen and older; or
(ii) Age eighteen or younger and not under parental control.
(c) We exclude all other payments)). This includes payments made through the AmeriCorps and AmeriCorps VISTA programs.
(3) We ((exclude)) treat payments issued under Title
((II)) I of the Domestic Volunteer Act of 1973, such as
((Retired Senior Volunteer Program (RSVP).
(4) We treat payments issued under Title I of the Domestic Volunteer Act of 1973,such as VISTA,)) University Year for Action, and Urban Crime Prevention Program as follows:
(a) For cash assistance and medical programs for families, children, and pregnant women, we exclude all payments.
(b) For Basic Food ((assistance)), we count most payments
as earned income. We exclude the payments if you got:
(i) Basic Food ((assistance)) or cash assistance at the
time you joined the Title I program; or
(ii) You were participating in the Title I program and
got an income disregard at the time of conversion to the Food
Stamp Act of 1977. We will continue to exclude the payments
you get even if you do not get Basic Food ((assistance)) every
month.
(4) We exclude all payments issued under Title II of the Domestic Volunteer Act of 1973. These include:
(a) Retired Senior Volunteer Program (RSVP);
(b) Foster Grandparents Program; and
(c) Senior Companion Program.
(5) We count training allowances from vocational and rehabilitative programs as earned income when:
(a) The program is recognized by federal, state, or local governments; and
(b) The allowance is not a reimbursement.
(6) When GAU clients receive training allowances we allow:
(a) The earned income incentive and work expense deduction specified under WAC 388-450-0175, when applicable; and
(b) The actual cost of uniforms or special clothing required for the course as a deduction, if enrolled in a remedial education or vocational training course.
(7) We exclude support service payments received by or made on behalf of WorkFirst participants.
[Statutory Authority: RCW 74.08.090 and 74.04.510. 02-03-019, § 388-450-0045, filed 1/4/02, effective 2/1/02; 99-16-024, § 388-450-0045, filed 7/26/99, effective 9/1/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-450-0045, filed 7/31/98, effective 9/1/98.]