WSR 99-14-041

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

(WorkFirst Division)

[ Filed June 30, 1999, 10:38 a.m. , effective July 1, 1999 ]

Date of Adoption: June 30, 1999.

Purpose: Effective July 1, 1999, the WorkFirst exemption for the parents of infants moves from twelve months to three months. To implement this mandated change by July 1, 1999, two existing WorkFirst rules are being changed to reflect the shortened exemption period.

Citation of Existing Rules Affected by this Order: Amending WAC 388-310-0200 and 388-310-0300.

Statutory Authority for Adoption: RCW 74.08.090 and 74.04.050.

Other Authority: 45 C.F.R. 303.11.

Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: Legislation that would provide the needed statutory mandate to support a twelve-month exemption period failed to pass in the 98/99 legislative session. Existing WAC 388-310-0200 and 388-310-0300 must be amended immediately to correctly reflect legislative intent.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: July 1, 1999.

June 30, 1999

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

2607.2
AMENDATORY SECTION(Amending WSR 99-08-051, filed 4/1/99, effective 5/2/99)

WAC 388-310-0200
WorkFirst--Activities.

(1) Who is required to participate in WorkFirst activities?

(a) You are required to participate in WorkFirst activities, and become what is called a "mandatory participant," if you:

(i) Receive TANF, GA-S or SFA cash assistance; and

(ii) Are a custodial parent or age sixteen or older; and

(iii) Are not exempt. (You can only get this exemption if you are caring for a child under ((twelve)) three months of age. See WAC 388-310-0300 for more details).

(b) Participation is voluntary for all other WorkFirst participants (those who no longer receive or have never received TANF, GA-S or SFA cash assistance).

(2) What activities do I participate in when I enter the WorkFirst program?

When you enter the WorkFirst program, you will participate in one or more of the following activities (which are described in more detail in other sections of this chapter):

(a) Paid employment (see WAC 388-310-400 (1)(a) and 388-310-1500);

(b) Self employment (see WAC 388-310-1700);

(c) Job search (see WAC 388-310-0600);

(d) Community jobs (see WAC 388-310-1300)

(e) Work experience (see WAC 388-310-1100);

(f) On-the-job training (see WAC 388-310-1200);

(g) Vocational educational training (see WAC 388-310-1000);

(h) Basic education activities (see WAC 388-310-0900);

(i) Job skills training (see WAC 388-310-1050);

(j) Community service (see WAC 388-310-1400); and/or

(k) Activities provided by tribal governments for tribal members and other American Indians (see WAC 388-310-1400(1) and 388-310-1900).

(3) If I am a mandatory participant, how much time must I spend doing WorkFirst activities?

If you are a mandatory participant, you will be required to spend up to forty hours a week working, looking for work or preparing for work. You will have an individual responsibility plan (described in WAC 388-310-500) that includes the number of hours a week that you are required to participate.

(4) What activities do I participate in after I get a job?

You may participate other activities, which are called "post employment services" (described in WAC 388-310-1800) once you are working twenty hours or more a week. Work can include a paid, unsubsidized job, self-employment, college work study or a community jobs placement. Services include:

(a) Activities that help you keep a job (called an "employment retention" service); and/or

(b) Activities that help you get a better job (called a "wage and skill progression" service).

[Statutory Authority: RCW 74.08.090 and 74.04.050.  99-08-051, § 388-310-0200, filed 4/1/99, effective 5/2/99; 97-20-129, § 388-310-0200, filed 10/1/97, effective 11/1/97.]


AMENDATORY SECTION(Amending WSR 99-10-027, filed 4/28/99, effective 5/29/99)

WAC 388-310-0300
WorkFirst--Exemptions for mandatory participants.

(1) If I am a mandatory participant, when can I be exempted from participating in WorkFirst activities?

You can claim an exemption from participating in WorkFirst activities during months that you are needed in the home to personally provide care for a child under ((twelve)) three months of age. ((You can only claim this exemption for up to twelve months in your lifetime.))

(2) Can I participate in WorkFirst while I am exempt?

You can participate in WorkFirst while you are exempt, and the time you participate does not count against your twelve-month limit. If you decide later to stop participating, and you still qualify for an exemption, you will be put back into exempt status with no financial penalty.

(3) Does an exemption from participation affect my sixty-month time limit for receiving TANF or SFA benefits?

An exemption from participation does not affect your sixty-month time limit for receiving TANF or SFA benefits (described in WAC 388-484-0005). Even if exempt from participation, you will use up one of your sixty months of TANF/SFA benefits.

[Statutory Authority: RCW 74.08.090 and 74.04.050.  99-10-027, § 388-310-0300, filed 4/28/99, effective 5/29/99; 97-20-129, § 388-310-0300, filed 10/1/97, effective 11/1/97.]

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