Date of Adoption: February 3, 2004.

     Purpose: Numerous typographical errors and obsolete cross-references have been identified in WAC and must be corrected.

     Reasons Supporting Proposal: Use of cross-references in WAC is necessary to accurately determine eligibility and benefit levels.

     The department has withdrawn proposed WAC 388-450-0005 from rules proposed as WSR 04-02-058. The rule will be revised and reproposed at a later date.

     Citation of Existing Rules Affected by this Order: Amending WAC 388-310-1500, 388-310-2000, 388-410-0001, 388-436-0040, 388-440-0001, 388-444-0055, 388-450-0165, 388-466-0130, 388-478-0005, and 388-484-0005.

     Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057.

      Adopted under notice filed as WSR 03-23-112 on November 18, 2003, and continued as WSR 04-02-058 on January 6, 2004.

     Changes Other than Editing from Proposed to Adopted Version: The department has withdrawn proposed WAC 388-450-0005 from rules proposed as WSR 03-23-112. The rule will be revised and reproposed at a later date.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 10, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 10, Repealed 0.
     Effective Date of Rule: Thirty-one days after filing.

February 3, 2004

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

     If you are a mandatory participant, you must accept paid or unpaid employment (including any activity in which an employer-employee relationship exists) unless the employment:

     (a) Is not covered by industrial insurance (described in state law under Title 51 RCW) unless you are employed by a tribal government or a tribal private for-profit business;

     (b) Is available because of a labor dispute;

     (c) Has working hours or conditions that interfere with your religious beliefs or practices (and a reasonable accommodation cannot be made);

     (d) Does not meet federal, state or tribal health and safety standards; or

     (e) Has unreasonable work demands or conditions, such as working for an employer who does not pay you on schedule.

     (2) Are there any additional limitations on when I can be required to accept paid employment?

     You must accept paid employment unless the job or the employer:

     (a) Pays less than the federal, state, or tribe minimum wage, whichever is higher;

     (b) Does not provide unemployment compensation coverage (described in state law under Title 50 RCW) unless you:

     (i) Work for a tribal government or tribal for-profit business; or

     (ii) Are a treaty fishing rights related worker (and exempt under section 7873 of the Internal Revenue code);

     (c) Requires you to resign or refrain from joining a legitimate labor organization; or

     (d) Does not provide you benefits that are equal to those provided to other workers employed in similar jobs.

     (3) How many hours of unpaid employment can I be required to perform?

     You can be required to work a set number of hours of unpaid employment each month. The number of hours required will not be more than your TANF, SFA or GA-S cash grant divided by the state or federal minimum wage, whichever is higher.

     (4) What safeguards are in place to make sure I am not used to displace currently employed workers?

     The following safeguards are in place to make sure you are not used to displace currently employed workers:

     (a) You cannot be required to accept paid or unpaid employment which:

     (i) Results in another employee's job loss, reduced wages, reduced hours of employment or overtime or lost employment benefits;

     (ii) Impairs existing contracts for services or collective bargaining agreements;

     (iii) Puts you in a job or assignment, or uses you to fill a vacancy, when:

     (A) Any other person is on lay off from the same (or very similar) job within the same organizational unit; or

     (B) An employer ends the job of a regular employee (or otherwise reduces its workforce) so you can be hired.

     (iv) Reduces current employees' opportunities for promotions.

     (b) If a regular employee believes your subsidized or unpaid work activity (such as a community jobs or work experience position) violates any of the rules described above, this employee (or his or her representative) has the right to:

     (i) A grievance procedure (described in WAC ((388-200-1100)) 388-426-0005); and

     (ii) A fair hearing (described in chapter ((388-08)) 388-02 WAC).

     (5) What other rules apply specifically to subsidized or on-the-job training positions?

     If you are in a subsidized or on-the-job training position:

     (a) WorkFirst state agencies must stop paying your wage or on-the-job training subsidy to your employer if your employer's worksite or operation becomes involved in a strike, lockout or bona fide labor dispute.

     (b) If your wage subsidy or on-the-job training agreement is ended (and we stop paying any subsidies to your employer) because you were used to displace another employee, it will be up to you and the employer to decide whether you can (or want to) keep working there.

[Statutory Authority: RCW 74.08.090 and 74.04.050. 99-10-027, § 388-310-1500, filed 4/28/99, effective 5/29/99; 97-20-129, § 388-310-1500, filed 10/1/97, effective 11/1/97.]

     Individual development accounts (IDAs) are special savings accounts for people eligible for or receiving TANF or SFA. The IDA's will help families save money for qualified purchases that will help them become financially self-sufficient. Your IDA account may only be used for the following qualified purchase: Acquisition cost for a first home, postsecondary education expenses, or business expenses for self-employment. You may only deposit income that you have earned through work into an IDA, the state matches those funds, helping you reach your goal more quickly.

     (2) Who helps you set up an IDA?

     The state office of trade and economic development (OTED) administers the IDA program. OTED contracts with local nonprofit agencies to enroll participants in the IDA program, monitor account activity and provide training and other support services while you are enrolled.

     (3) Who can enroll in the IDA program?

     To enroll in the IDA program, you must receive (or be eligible to receive) TANF or SFA assistance, or post TANF families with income below one hundred seventy-five percent of the federal poverty level. You may remain enrolled in the program for three years from the date of opening your IDA account.

     (4) What happens once you enroll in the IDA program?

     Once you've enrolled, your IDA contractor will help you develop an individual savings plan that identifies the steps you must take to earn the match. To earn the match you must:

     (a) Attend financial skills classes to learn how to manage your personal finances.

     (b) Open your savings account at a financial institution that is participating in the IDA program through an agreement with the IDA contractor.

     (c) Deposit savings from earned income into your account on at least a quarterly basis.

     (5) How are your IDA matching funds handled?

     Your matching funds are held in a separate account until you are ready to make a qualified purchase. The IDA contractor provides you with monthly statements showing the amount of matching funds you have earned.

     (6) How much money can you save with an IDA?

     The state will give you up to two dollars for every dollar you save, up to a maximum match of four thousand dollars. So, if you save two thousand dollars (the maximum amount allowed), you could earn four thousand dollars in match, for a total of six thousand dollars.

     (7) When can you withdraw money from your account?

     When you have an IDA, you really have two types of accounts: your own savings account and a trust account holding your match funds.

     (a) You can withdraw your own savings at any time - it's your money; but you will forfeit any match that was earned on those funds and could jeopardize your ability to stay in the program. You also need to report any withdrawals to your DSHS case manager if you are receiving any type of public assistance benefits.

     (b) You cannot withdraw your match until you are ready to purchase your asset and have met all of the requirements in your individual savings plan. At that time, the IDA contractor will withdraw the matching funds and pay them directly to the person or organization that you are purchasing your asset from (such as the mortgage company, college, or bank).

     (8) Will having an IDA affect your eligibility for other public assistance programs?

     The funds held in your IDA cannot be taken into consideration when determining if you qualify for TANF, Social Security, Food Stamps, or Medicaid. However, if you withdraw savings from your IDA other than to purchase your asset, or if you leave the IDA program early, your eligibility could be affected. See WAC ((388-470-0065)) 388-470-0045 for more details about how IDAs affect your eligibility for other types of public assistance benefits.

[Statutory Authority: RCW 74.04.050, 74.08.090, 74.08A.220. 01-03-042, § 388-310-2000, filed 1/9/01, effective 2/9/01.]

     (2) There are two types of cash/medical overpayments:

     (a) Intentional overpayments, presumed to exist when the client willfully or knowingly:

     (i) Fails to report within twenty days a change in circumstances that affects eligibility; or

     (ii) Misstates or fails to reveal a fact affecting eligibility as specified in WAC 388-446-0001.

     (b) Unintentional overpayments, which includes all other client-caused and all department-caused overpayments.

     (3) If you request a fair hearing and the fair hearing decision is in favor of the department, then:

     (a) Some or all of the continued assistance you get before the fair hearing decision must be paid back to the department (see WAC ((388-418-0030))) 388-418-0020; and

     (b) The amount of assistance you must pay back will be limited to sixty days of assistance, starting with the day after the department receives your hearing request.

     (4) If you receive child support payments directly from the noncustodial parent, you must turn these payments over to the division of child support (DCS). These payments are not cash assistance overpayments.

[Statutory Authority: RCW 74.04.510 and 7 C.F.R. 273.9 (d)(6). 99-24-131, § 388-410-0001, filed 12/1/99, effective 1/1/00. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-410-0001, filed 7/31/98, effective 9/1/98.]

     (1) A home as defined under WAC ((388-470-0030)) 388-470-0045;

     (2) One vehicle, running and used regularly by the assistance unit, with an equity value not to exceed one thousand five hundred dollars);

     (3) Household furnishings being used by the assistance unit;

     (4) Personal items being used by members of the assistance unit;

     (5) Tools and equipment being used in the applicant's occupation;

     (6) The value of the coupon allotment under the Food Stamp Act of 1977, as amended;

     (7) Benefits received under the women, infants and children program (WIC) of the child nutrition Act of 1966, as amended, and the special food service program for children under the National School Lunch Act, as amended;

     (8) Energy assistance payments;

     (9) Grants, loans, or work study to a student under Title IV of the Higher Education Amendments or Bureau of Indian Affairs for attendance costs as identified by the institution;

     (10) Income and resources of an SSI recipient;

     (11) Livestock when the products are consumed by members of the assistance unit;

     (12) All resources and income excluded for the TANF program under WAC ((388-450-0015, 388-470-0020, and 388-470-0025)) 388-470-0045 and by federal law.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-436-0040, filed 7/31/98, effective 9/1/98.]

     (a) The exception would not contradict a specific provision of federal law or state statute; and

     (b) The client's situation differs from the majority; and

     (c) It is in the interest of overall economy and the client's welfare; and

     (d) It increases opportunities for the client to function effectively; or

     (e) A client has an impairment or limitation that significantly interferes with the usual procedures required to determine eligibility and payment.

     (2) The secretary or the secretary's designee makes the final decision on all requests for exceptions to a rule.

     (3) Clients have no fair hearing rights as defined under chapter ((388-08)) 388-02 WAC regarding exception to rule decisions by department staff.

     (4) Clients who do not agree with a decision on an exception to rule may file a complaint according to chapter 388-426 WAC.

     (5) This section does not apply to requests for noncovered medical or dental services or related equipment. See WAC 388-501-0160.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, and 74.08.090. 00-03-034, § 388-440-0001, filed 1/12/00, effective 2/12/00; 98-16-044, § 388-440-0001, filed 7/31/98, effective 9/1/98.]

     (2) If you do not follow these rules unless you have good cause, you cannot receive food assistance for the following periods of time and until you comply with program requirements:

     (a) For the first failure to comply, one month;

     (b) For the second failure to comply, three months; and

     (c) For the third or subsequent failure to comply, six months.

     (3) If you become exempt under WAC 388-444-0015 and are otherwise eligible, you may begin to receive food assistance.

     (4) If you are nonexempt and you do not comply with the work requirements of the following programs, you cannot receive food assistance:

     (a) WorkFirst;

     (b) Unemployment compensation;

     (c) The refugee cash assistance program.

     (5) Within ten days after learning of your refusal to participate in your program, the financial worker will send you a notice that your food assistance will end unless you comply with your program requirements.

     (6) If you do not comply within ten days, you will be issued a notice disqualifying you from receiving food assistance until you comply with your program, or until you meet the FS E&T disqualification requirements in subsection (2) of this section.

     (7) After the penalty period in subsection (2) of this section is over, and you have complied with your program requirements, and you are otherwise eligible, you may receive food assistance:

     (a) If you are alone in the assistance unit and apply to reestablish eligibility; or

     (b) If you are a member of an assistance unit, you may resume receiving food assistance.

     (8) During the penalty period, if you begin to participate in one of the programs listed in subsection (4)(a) through (c) and that penalty is removed, the FS E&T disqualification also ends. If you are otherwise eligible, you may begin to receive food assistance.

     (9) You have a right to a fair hearing as provided in ((WAC 388-08-413)) chapter 388-02 WAC.

[Statutory Authority: RCW 74.04.050 and 74.04.510. 00-04-006, § 388-444-0055, filed 1/20/00, effective 3/1/00. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-444-0055, filed 7/31/98, effective 9/1/98.]

     (1) "Family" means:

     (a) All adults and children who would otherwise be included in the assistance unit under WAC 388-408-0015, but who do not meet TANF/SFA eligibility requirements;

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

     (c) The husband of a woman in her third trimester of pregnancy, when residing together.

     (2) "Gross earned income" does not include excluded income, as provided in WAC 388-450-0015.

     (3) The following amounts are disregarded when determining a family's gross earned income:

     (a) Court or administratively ordered current or back support paid to meet the needs of legal dependents, up to:

     (i) The amount actually paid; or

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

     (b) Authorized ongoing additional requirement payment as defined in chapter 388-473 WAC ((388-255-1050 through 388-255-1250)).

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-450-0165, filed 7/31/98, effective 9/1/98.]

     Any individual can apply for refugee medical assistance (RMA) and have eligibility determined by the department of social and health services (DSHS).

     (2) Who is eligible for refugee medical assistance?

     (a) You are eligible for RMA if you meet all of the following conditions:

     (i) Immigration status requirements of WAC 388-466-0005;

     (ii) Income and resource requirements of WAC ((388-466-0010)) 388-466-0140;

     (iii) Monthly income standards up to two hundred percent of the federal poverty level (FPL). Spenddown is available for applicants whose income exceeds two hundred percent of FPL (see WAC 388-519-0110); and

     (iv) Provide the name of the voluntary agency (VOLAG) which helped bring you to this country, so that DSHS can promptly notify the agency (or sponsor) about your application for RMA.

     (b) You are eligible for RMA if you meet one of the following conditions:

     (i) Receive refugee cash assistance (RCA) and are not eligible for Medicaid or children's health insurance program (CHIP); or

     (ii) Choose not to apply for or receive RCA and are not eligible for Medicaid or CHIP, but still meet RMA eligibility requirements.

     (3) Who is not eligible for refugee medical assistance?

     You are not eligible to receive RMA if you are:

     (a) Already eligible for Medicaid or CHIP;

     (b) A full-time student in an institution of higher education unless the educational activity is part of a department-approved individual responsibility plan (IRP);

     (c) A nonrefugee spouse of a refugee.

     (4) If I have already received a cash assistance grant from voluntary agency (VOLAG), will it affect my eligibility for RMA?

     No. A cash assistance payment provided to you by your VOLAG is not counted in determining eligibility for RMA.

     (5) If I get a job after I have applied but before I have been approved for RMA, will my new income be counted in determining my eligibility?

     No. Your RMA eligibility is determined on the basis of your income and resources on the date of the application.

     (6) Will my sponsor's income and resources be considered in determining my eligibility for RMA?

     Your sponsor's income and resources are not considered in determining your eligibility for RMA unless your sponsor is a member of your assistance unit.

     (7) How do I find out if I am eligible for RMA?

     DSHS will send you a letter in both English and your primary language informing you about your eligibility. DSHS will also let you know in writing every time there are any changes or actions taken on your case.

     (8) Will RMA cover my medical expenses that occurred after I arrived in the U.S. but before I applied for RMA?

     You may be eligible for RMA coverage of your medical expenses for three months prior to the first day of the month of your application. Eligibility determination will be made according to Medicaid rules.

     (9) If I am an asylee, what date will be used as an entry date?

     If you are an asylee, your entry date will be the date that your asylum status is granted. For example, if you entered the United States on December 1, 1999 as a tourist, then applied for asylum on April 1, 2000, interviewed with the asylum office on July 1, 2000 and granted asylum on September 1, 2000, your date of entry is September 1, 2000. On September 1, 2000 you may be eligible for refugee medical assistance.

     (10) When does my RMA end?

     Your refugee medical assistance will end on the last day of the eighth month from the month of your entry into the United States. Start counting the eight months from the first day of the month of your entry into the U.S. For example, if you entered the U.S. on May 28, 2000, your last month is December 2000.

     (11) What happens if my earned income goes above the income standards?

     (a) If you are getting RMA, your medical eligibility will not be ((effected)) affected by the amount of your earnings;

     (b) If you were getting Medicaid and it was terminated because of your earnings, we will transfer you to RMA for the rest of your RMA eligibility period. You will not need to apply.

     (12) Will my spouse also be eligible for RMA, if he/she arrives into the U.S. after me?

     When your spouse arrives in the U.S., we will determine his/her eligibility for Medicaid and other medical programs. Your spouse may be eligible for RMA; if so, he/she would have a maximum of eight months of RMA starting on the first day of the month of his/her arrival.

     (13) What do I do if I disagree with a decision or action that has been taken by DSHS on my case?

     If you disagree with the decision or action taken on your case by department you have the right to request a review of your case or request a fair hearing (see WAC 388-02-0090). Your request must be made within ninety days of the decision or action).

     (14) What happens to my medical coverage after my eligibility period is over?

     We will determine your eligibility for other medical programs. You may have to complete an application for another program.

[Statutory Authority: RCW 74.08.090, 74.08A.320. 00-21-065, § 388-466-0130, filed 10/16/00, effective 11/1/00.]

     (2) Payment standards for assistance units in medical institutions and other facilities are based on the need for clothing, personal maintenance, and necessary incidentals (see WAC 388-478-0040 and 388-478-0045).

     (3) Need and payment standards for persons and families who do not reside in medical institutions and other facilities are based on their obligation to pay for shelter.

     (a) Eligibility and benefit levels for persons and families who meet the requirements in WAC 388-478-0010 are determined using standards for assistance units with an obligation to pay shelter costs.

     (b) Eligibility and benefit levels for all other persons and families are determined using standards for assistance units who have shelter provided at no cost.

     (c) For recent arrivals to Washington state who apply for temporary assistance for needy families (TANF), see WAC ((388-478-0025)) 388-468-0005.

     (4) The monthly grant for an assistance unit containing eight or more persons cannot exceed the grant maximum of one thousand seventy-five dollars.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-478-0005, filed 7/31/98, effective 9/1/98.]

     (a) You can receive cash assistance for temporary assistance for needy families (TANF), state family assistance (SFA), and general assistance for pregnant women (GA-S) for a lifetime limit of sixty months. The time limit applies to cash assistance provided by any combination of these programs, and whether or not it was received in consecutive months.

     (b) If you receive cash assistance for part of the month, it counts as a whole month against the time limit.

     (c) If you have received cash assistance from another state on or after August 1, 1997, and it was paid for with federal TANF funds, those months will count against your time limit.

     (d) The time limit does not apply to diversion cash assistance, support services, food assistance or Medicaid.

     (2) When did the sixty-month time limit go into effect?

     The sixty-month time limit applies to cash assistance received on or after August 1, 1997 for TANF and SFA. Although the GA-S program no longer exists, the time limit applies to GA-S cash assistance received from May 1, 1999 through July 31, 1999.

     (3) Does the time limit apply to me?

     The sixty-month time limit applies to you for any month in which you are a parent or other relative as defined in WAC 388-454-0010, or a minor parent emancipated through court order or marriage.

     (4) Do any exceptions to the time limits apply to me?

     The department does not count months of assistance towards the sixty-month time limit if you are:

     (a) An adult caretaker, as described in WAC 388-454-0005 through ((488-454-0010)) 388-454-0010, who is not a member of the assistance unit and you are receiving cash assistance on behalf of a child;

     (b) An unemancipated pregnant or parenting minor living in a department approved living arrangement as defined by WAC 388-486-0005; or

     (c) An American Indian or Native Alaskan adult and you are living in Indian country, as defined under 18 U.S.C. 1151, or an Alaskan Native village and you are receiving TANF, SFA, or GA-S cash assistance during a period when at least fifty percent of the adults living in Indian country or in the village were not employed. See WAC 388-484-0010.

     (5) What happens if a member of my assistance unit has received sixty months of TANF, SFA, and GA-S cash benefits?

     Once any adult or emancipated minor in the assistance unit has received sixty months of cash assistance, the entire assistance unit becomes ineligible for TANF or SFA cash assistance, unless you are eligible for an extended period of cash assistance called a TANF/SFA time limit extension under WAC 388-484-0006.

     (6) What can I do if I disagree with how the department has counted my months of cash assistance?

     (a) If you disagree with how we counted your months of cash assistance, you may ask for a hearing within ninety days of the date we sent you a letter telling you how many months we are counting.

     (b) You will get continued benefits (the amount you were getting before the change) if:

     (i) You have used all sixty months of benefits according to our records;

     (ii) Your cash assistance payment has been changed to a Child SafetyNet Payment, as described in WAC 388-310-1650; and

     (iii) You ask for a hearing within the ten-day notice period, as described in chapter 388-458 WAC.

     (c) If you get continued benefits and the administrative law judge (ALJ) agrees with our decision, you may have to pay back the continued benefits after the hearing, as described in chapter 388-410 WAC.

     (7) Does the department ever change the number of months that count against my time limit?

     We change the number of months we count in the following situations:

     (a) You repay an overpayment for a month where you received benefits but were not eligible for any of the benefits you received. We subtract one month for each month that you completely repay. If you were eligible for some of the benefits you received, we still count that month against your time limit.

     (b) We did not close your grant on time when the division of child support (DCS) collected money for you that was over your grant amount two months in a row, as described in WAC 388-422-0030.

     (c) An ALJ decides at a fair hearing that we should change the number of months we count.

     (d) You start getting worker's compensation payments from the department of labor and industries (L&I) and your L&I benefits have been reduced by the payments we made to you.

     (e) You participated in the excess real property (ERP) program in order to get assistance and we collected the funds when your property sold.

     (f) Another state gave us incorrect information about the number of months you got cash assistance from them.

[Statutory Authority: RCW 74.08.090, 74.04.050, and 78.08A.340. 03-06-046, § 388-484-0005, filed 2/28/03, effective 3/31/03. Statutory Authority: RCW 74.08A.010(4), 74.08A.340, 74.08.090, 74.04.050. 02-12-068, § 388-484-0005, filed 5/31/02, effective 6/1/02. Statutory Authority: RCW 74.04.005, 74.04.050, 74.04.055, 74.04.057, 74.08.090, 74.08A.010, and 42 U.S.C. 608 (a)(7). 01-04-016, § 388-484-0005, filed 1/26/01, effective 2/1/01. Statutory Authority: RCW 74.04.005, 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 99-08-050, § 388-484-0005, filed 4/1/99, effective 5/2/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-484-0005, filed 7/31/98, effective 9/1/98.]

© Washington State Code Reviser's Office