WSR 04-22-067



(Economic Services Administration)

[ Filed October 29, 2004, 4:31 p.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 03-18-098 and 04-13-107.

     Title of Rule and Other Identifying Information: WAC 388-450-0015 What types of income are not used when figuring out my benefits?

     Hearing Location(s): Blake Office Park East (behind Goodyear Courtesy Tire), Rose Room, 4500 10th Avenue S.E., Lacey, WA, on December 7, 2004, at 10:00 a.m.

     Date of Intended Adoption: Not earlier than December 8, 2004.

     Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA, e-mail, fax (360) 664-6185, by 5:00 p.m., December 7, 2004.

     Assistance for Persons with Disabilities: Contact Fred Swenson, DSHS Rules Consultant, by December 3, 2004, TTY (360) 664-6178 or (360) 664-6097.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposed rule change will update the section to include among the allowable exclusions from income: Specific payments to children of Vietnam veterans, certain third-party vendor payments, and a reference to other exclusions specifically excluded under state or federal law. This change will also update program language.

     Reasons Supporting Proposal: The current rule needs to specifically support the criteria for these types of excludable income to ensure that they are not counted when determining eligibility for benefits and benefit levels.

     Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090.

     Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090.

     Rule is necessary because of federal law, P.L. 106-419 § 401; 38 U.S.C. 1823(c); and 7 C.F.R. 273.9 (c)(vii)(C).

     Name of Proponent: Department of Social and Health Services, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Rebecca Henrie, 1009 College S.E., Lacey, WA 98504, (360) 725-4615.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposed rule does not have an economic impact on small businesses, it only affects DSHS clients by outlining the rules clients must meet in order to be eligible for the department's cash assistance or food benefit programs.

     A cost-benefit analysis is not required under RCW 34.05.328. These amendments are exempt as allowed under RCW 34.05.328 (5)(b)(vii) which states in-part, "[t]his section does not apply to....rules of the department of social and health services relating only to client medical or financial eligibility and rules concerning liability for care of dependents."

October 25, 2004

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

AMENDATORY SECTION(Amending WSR 02-14-022, filed 6/21/02, effective 6/22/02)

WAC 388-450-0015   What types of income are not used when figuring out my benefits?   This section applies to cash assistance, ((medical programs for children, pregnant women and families)) Children's, Family, or Pregnancy Medical, and Basic Food ((assistance)) benefits.

     (1) There are some types of income that we (the department) do not count when figuring out if you can get benefits and the amount you can get. Some examples of income we do not count are:

     (a) Bona fide loans as defined in WAC 388-470-0025, except certain student loans as specified under WAC 388-450-0035;

     (b) Federal earned income tax credit (EITC) payments;

     (c) Title IV-E and state foster care maintenance payments if the foster child is not included in your assistance unit;

     (d) Energy assistance payments;

     (e) Educational assistance as specified in WAC 388-450-0035;

     (f) Native American benefits and payments as specified in WAC 388-450-0040;

     (g) Income from employment and training programs as specified in WAC 388-450-0045;

     (h) Money withheld from a client's benefit to repay an overpayment from the same income source. For Basic Food ((assistance)), this exclusion does not apply when the money is withheld to recover an intentional noncompliance overpayment from a federal, state, or local means tested program such as TANF/SFA, GA, and SSI;

     (i) Legally obligated child support payments received by TANF/SFA recipients; ((and))

     (j) Payments issued under the Department of State or Department of Justice Reception and Replacement Programs, such as Voluntary Agency (VOLAG) payments; and

     (k) Payments specifically excluded from being counted as income under state or federal law. Disregard certain payments made by the Veterans Administration to children of Vietnam veterans (P.L. 106-419, see FR 67147§3.815);

     (l) For cash and Basic Food: payments made to a third party on behalf of the household using funds that are not owed to the household; and

     (m) For medical assistance: only the portion of income used to repay the cost of obtaining that income source.

     (2) For ((medical programs for children, pregnant women, or families)) Children's, Family, or Pregnancy Medical, we also do not count any insurance proceeds or other income you have recovered as a result of being a Holocaust survivor.

[Statutory Authority: RCW 74.08.090 and 74.04.510. 02-14-022, § 388-450-0015, filed 6/21/02, effective 6/22/02. Statutory Authority: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.530 and 2000 2nd sp.s. c 1 § 210(12). 01-18-006, § 388-450-0015, filed 8/22/01, effective 9/22/01. Statutory Authority: RCW 74.08.090 and 74.04.510. 99-17-025, § 388-450-0015, filed 8/10/99, effective 10/1/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-450-0015, filed 7/31/98, effective 9/1/98. Formerly WAC 388-505-0590.]

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