WSR 11-14-064

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed June 30, 2011, 9:20 a.m. , effective June 30, 2011, 9:20 a.m. ]


Effective Date of Rule: Immediately.

Purpose: The division of child support (DCS) is filing this emergency amendment to strike subsection (4) of WAC 388-14A-4200 because we believe that subsection (4) goes beyond the intent of RCW 26.18.190, the statute which the rule is meant to implement. This amendment qualifies for emergency rule making because subsection (4) of the current rule does not allow DCS to give credit to a noncustodial parent (NCP) for dependent disability payments paid on the NCP's behalf for his or her children unless the payments are made to the custodial payment or the state. RCW 26.18.190 does not contain this limitation.

The rule-making hearing for the permanent rule is scheduled for June 21, 2011. DCS adopted an emergency rule under WSR 11-07-073 to make this change effective as of March 22, 2011. The emergency rule expires on July 20, 2011. Under RCW 34.05.380, a Rule-making Order is effective thirty-one days after it is filed, unless a later date is required by statute or specified in the order of adoption. DCS will need to file a second emergency rule because the CR-103P cannot be filed by the DSHS rules and policies assistance unit (RPAU) until June 22, 2011, the day after the scheduled rule-making hearing. The earliest possible date when the permanent rule can be final is July 22, and in our experience it can take several days to process the filing of the CR-103P.

Citation of Existing Rules Affected by this Order: Amending WAC 388-14A-4200.

Statutory Authority for Adoption: RCW 26.18.190, 26.23.035, 74.08.090, and 74.20A.055.

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 amendment qualifies for emergency rule making because subsection (4) of the current rule does not allow DCS to give credit to a noncustodial parent for dependent disability payments paid on the NCP's behalf for his or her children unless the payments are made to the custodial payment or the state. RCW 26.18.190 does not contain this limitation.

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 24, 2011.

Katherine I. Vasquez

Rules Coordinator

4280.1
AMENDATORY SECTION(Amending WSR 01-03-089, filed 1/17/01, effective 2/17/01)

WAC 388-14A-4200   Do I get credit for dependent disability payments paid on my behalf to my children?   (1) When the department of labor and industries or a self-insurer pays compensation under chapter 51.32 RCW on behalf of or on account of the child or children of a noncustodial parent (NCP), the division of child support (DCS) treats the amount of compensation the department or self-insurer pays on behalf of the child or children as if the NCP paid the compensation toward the NCP's child support obligations.

(2) When the Social Security administration pays Social Security disability dependency benefits, retirement benefits, or survivors insurance benefits on behalf of or on account of the child or children of an NCP who is a disabled person, a retired person, or a deceased person, DCS treats the amount of benefits paid for the child or children as if the NCP paid the benefits toward the NCP's child support obligation for the period for which benefits are paid.

(3) Under no circumstances does the NCP have a right to reimbursement of any compensation paid under subsection (1) or (2) of this section.

(((4) The NCP gets credit only for payments made to the custodial parent or the state. The NCP does not get credit for dependent payments made to the NCP.))

[Statutory Authority: RCW 74.08.090, 26.18.190, 74.20A.055. 01-03-089, 388-14A-4200, filed 1/17/01, effective 2/17/01. Formerly WAC 388-11-280.]

Washington State Code Reviser's Office