WSR 04-14-043

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed June 29, 2004, 4:15 p.m. , effective July 1, 2004 ]


Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: The earlier effective date is needed because of an imminent peril to the public health, safety or welfare: Clients are currently at risk of losing benefits or having overpayments created (receiving too many benefits) that would have to be paid back to the state.

Purpose: This amendment to WAC 388-450-0050 How are your cash and Basic Food benefits determined when you are participating in the community jobs (CJ) program?, will simplify the language to define what subsidized and unsubsidized income is for community jobs and how each affects Basic Food and TANF/SFA benefits. This distinction simplifies how the field budgets the income from community jobs.

Citation of Existing Rules Affected by this Order: Amending WAC 388-450-0050.

Statutory Authority for Adoption: RCW 74.08.090, 74.04.050, 74.08A.340.

Adopted under notice filed as WSR 04-11-084 on May 18, 2004.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: June 29, 2004.

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3398.1
AMENDATORY SECTION(Amending WSR 03-06-095, filed 3/4/03, effective 5/1/03)

WAC 388-450-0050   How ((are)) does your participation in the community jobs (CJ) program affect your cash assistance and Basic Food benefits ((determined when you are participating in the community jobs (CJ) program))?   (1) There are two different ((kinds of)) types of income in the community jobs program. They are:

(a) ((Classic jobs)) Subsidized, where your wages are ((subsidized by)) paid from TANF or SFA funds; and

(b) ((Career jump)) Unsubsidized, where your wages are paid entirely by your employer ((beginning with the fifth month of your employment)).

(2) We figure your total monthly subsidized or unsubsidized income ((you get from your classic jobs or career jump job)) by:

(a) Estimating the number of hours you, your case manager, and the CJ contractor expect you to work for the month; and

(b) Multiplying the number of hours by the federal or state minimum wage, whichever is higher.

(3) Because you are expected to participate and meet the requirements of CJ, once we determine what your total monthly income is expected to be, we do not change your TANF grant if your actual hours are more or less than anticipated.

(4) We treat the total income we expect you to get each month from your CJ position as:

(a) Earned income for cash assistance, except we do not count any of the CJ income ((you get in)) for the first month ((of your employment)) you receive your paycheck.

(b) Earned income for Basic Food ((if you are a career jump participant that has)) after you have been transferred to your employer's regular unsubsidized payroll ((and your wages are no longer being subsidized)); or

(c) Unearned income for Basic Food while you ((are in)) have subsidized ((employment)) income.

(5) If your anticipated ((classic jobs)) subsidized income is more than your grant amount, your cash grant is suspended. This means that you are still considered ((to be)) a TANF/SFA recipient, but you do not get a grant.

(a) ((The)) Your grant ((suspension)) can be suspended up to a maximum of nine months.

(b) You can keep participating in CJ even though your grant is suspended, as long as you would be eligible for a grant if we did not count your ((classic jobs)) subsidized income((, you can keep participating in CJ even though your grant is suspended)).

(c) The months your grant is suspended do not count toward your sixty-month lifetime limit.

(6) If your unsubsidized income ((from career jump)), after we subtract half of what you have earned is greater than your grant, your TANF/SFA case will close. This happens because your income is over the maximum you are allowed. You will still be able to participate in the CJ program for up to a total of nine months.

(7) If your income from other sources alone, not counting CJ income makes you ineligible for a cash grant, we terminate your grant and end your participation in CJ.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. 03-06-095, 388-450-0050, filed 3/4/03, effective 5/1/03. Statutory Authority: RCW 74.04.050, 74.04.057, 74.04.510. 01-23-044, 388-450-0050, filed 11/15/01, effective 1/1/02. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 99-09-054, 388-450-0050, filed 4/19/99, effective 6/1/99; 98-16-044, 388-450-0050, filed 7/31/98, effective 9/1/98.]

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