WSR 00-05-007

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed February 4, 2000, 9:21 a.m. ]

Date of Adoption: February 4, 2000.

Purpose: The WACs being repealed are currently in conflict with state statute. This repeal will eliminate the deprivation requirement for TANF/SFA. The amended WACs will remove striker restrictions for TANF/SFA, expand TANF/SFA eligibility for some 18-21 year old children, and expand SFA eligibility for certain pregnant felons.

Citation of Existing Rules Affected by this Order: Repealing WAC 388-430-0001, 388-430-0005, 388-430-0010, 388-430-0015, 388-430-0020 and 388-430-0025; and amending WAC 388-235-9000, 388-400-0005, 388-400-0010, 388-404-0005, 388-408-0020, 388-442-0010, and 388-480-0001.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and 74.04.510.

Adopted under notice filed as WSR 99-23-033 on November 10, 1999.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 7, Repealed 6.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 7, Repealed 6.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 7, Repealed 6.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 7, Repealed 6. Effective Date of Rule: Thirty-one days after filing.

February 4, 2000

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

2670.2
AMENDATORY SECTION(Amending Order 3824, filed 1/11/95, effective 2/11/95)

WAC 388-235-9000
How benefits from other programs affect your eligibility for general assistance-unemployable.

You cannot get general assistance unemployable (GA-U) benefits if:

(1) ((The department shall deny a request for, or terminate, general assistance-unemployable (GAU) to a person:

(a) Eligible for or receiving aid to families with dependent children (AFDC);

(b) Eligible for or whose needs are met by SSI, except as provided under WAC 388-235-9300;

(c) Under sanction for failure to comply with AFDC or supplemental security income (SSI) requirements;

(d) Failing or refusing to cooperate without good cause in obtaining AFDC or SSI;

(e) Unemployable due to alcohol or drug addiction. The department shall refer such person to the alcoholism and drug addiction treatment and support program.

(2) If otherwise eligible, the department shall not deny requests for GAU to a person found ineligible for AFDC, as described under WAC 388-215-1820)) You are eligible for temporary aid for needy families (TANF) benefits;

(2) You are eligible for state family assistance (SFA) benefits unless you meet the exception allowed under WAC 388-400-0010;

(3) You have the ability to, but refuse to meet a TANF or SFA eligibility rule;

(4) You are eligible for Supplemental Security Income (SSI) benefits;

(5) You are eligible to have your needs met by SSI;

(6) You were denied benefits or your benefits were terminated by SSI for failing to follow a SSI program rule or application requirement; or

(7) We find you cannot work primarily due to alcohol or drug addiction. We will refer you to the alcoholism and drug treatment and support program.

[Statutory Authority: RCW 74.08.990 and Bordner vs. Rahm #84-2-00435-2. 95-03-048 (Order 3824), 388-235-9000, filed 1/11/95, effective 2/11/95. Statutory Authority: RCW 74.08.090. 93-16-058 (Order 3559), 388-235-9000, filed 7/29/93, effective 8/29/93. Formerly WAC 388-26-145 (part).]

2625.4
AMENDATORY SECTION(Amending WSR 98-16-044, filed 7/31/98, effective 9/1/98)

WAC 388-400-0005
Who is eligible for temporary assistance for needy families((--General eligibility requirements.))?

(1) ((To be eligible for temporary assistance for needy families (TANF), a child must:

(a) Meet the age requirements under WAC 388-404-0005;

(b) Live in the home of a relative as required under chapter 388-454 WAC;

(c) Be deprived of parental support and care as required under chapter 388-430 WAC; and

(d) Live with a parent who is not ineligible for TANF due to the time limit requirements of WAC 388-484-0005.

(2) To be eligible for TANF, a person must:

(a))) You can get temporary assistance for needy families (TANF), if you:

(a) Can be included in a TANF/SFA assistance unit as defined in WAC 388-408-0015 through 388-408-0030;

(b) Meet the citizenship/alien status requirements of WAC 388-424-0005;

(((b))) (c) Reside in the state of Washington, or, if you are a child, live with a ((parent or other)) caretaker relative who meets the state residency requirements of WAC 388-468-0005;

(((c) Be)) (d) Are in financial need as specified under chapters 388-450, 388-470 and 388-488 WAC;

(((d))) (e) Assign ((any)) your rights to child support and cooperate in establishing paternity and collecting child support as required under ((chapter 388-422)) WAC 388-422-0005 through 388-422-0030;

(((e))) (f) Provide ((a)) your Social Security number as required under WAC 388-476-0005;

(((f))) (g) Cooperate in a review of your eligibility as required under WAC 388-434-0005;

(((g))) (h) Cooperate in a quality assurance review as required under WAC ((388-464-0005)) 388-464-0001;

(((h))) (i) Participate in the WorkFirst program as required under chapter 388-310 WAC;

(((i) Not be participating in a strike as defined under WAC 388-480-0005;))

(j) ((Report circumstances monthly as required under chapter 388-456 WAC;

(k) )) Report changes of circumstances as required under ((chapter 388-418)) WAC 388-418-0005; ((and

(l) If a pregnant woman who is not otherwise eligible for TANF; meet the requirements of WAC 388-462-0010.

(3) TANF assistance units for children and caretaker relatives are established according to chapter 388-408 WAC.

(4) The following persons are not eligible for TANF:

(a) Persons)) (k) Meet the requirements of WAC 388-462-0010, if you are pregnant; and

(l) Meet the living arrangement and school attendance requirements of WAC 388-486-0005 and 388-486-0010, if you are an unmarried pregnant and parenting teen.

(2) In addition to rules listed in subsection (1) of this section, a child must meet the following rules to get TANF:

(a) Meet the age requirements under WAC 388-404-0005; and

(b) Live in the home of a relative as required under WAC 388-454-0005; or

(c) If living with a parent, that parent cannot have exhausted their sixty-month lifetime limit of TANF or SFA cash benefits as defined in WAC 388-484-0005.

(3) You cannot get TANF if you have been:

(a) Convicted of certain felonies and other crimes as specified in ((chapter 388-442)) WAC 388-442-0010; and

(b) ((Persons)) Convicted of unlawful practices in obtaining public assistance as specified in ((chapter 388-446)) WAC 388-446-0005 and 388-446-0010.

(((5) Unmarried pregnant and parenting teens must meet the living arrangement and school attendance requirements of chapter 388-486 WAC.))

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-400-0005, filed 7/31/98, effective 9/1/98.]


AMENDATORY SECTION(Amending WSR 98-16-044, filed 7/31/98, effective 9/1/98)

WAC 388-400-0010
Who is eligible for state family assistance((--Summary of eligibility requirements.))?

(1) To be eligible for state family assistance (SFA), ((a person must:

(a) Meet all temporary assistance for needy families (TANF) eligibility requirements except those for citizenship and alien status; and

(b) Meet the citizenship/residence requirements as specified in WAC 388-424-0015.

(2) An assistance unit is not eligible for SFA if it includes an adult who has received SFA, TANF, or a combination of SFA and TANF for a total of sixty months since August 1, 1997. Months are disregarded as specified under WAC 388-484-0005 when calculating the number of months an adult family member has received SFA or TANF.

(3) Assistance units for families with members who meet SFA and TANF citizenship/alien status requirements will be established under the TANF assistance unit rules in chapter 388-408 WAC)) certain aliens must meet Washington state residency requirements as listed in WAC 388-424-0015.

(2) You are eligible for SFA if you are not eligible for temporary assistance for needy families for the following reasons:

(a) You are a qualified alien and have been in the United States for less than five years as described in WAC 388-424-0010;

(b) You are a alien who is permanently residing in the United States under color ow law (PRUCOL) as defined in WAC 388-424-0005;

(c) You are a nineteen or twenty-year-old student that meets the education requirements of WAC 388-404-0005;

(d) You are a caretaker relative of a nineteen or twenty-year-old student that meets the education requirements of WAC 388-404-0005; or

(e) You are a pregnant woman who has been convicted of:

(i) Misrepresenting their residence in order to receive benefits from two or more states at the same time; or

(ii) A drug-related felony as described in WAC 388-442-0010.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-400-0010, filed 7/31/98, effective 9/1/98.]

2624.4
AMENDATORY SECTION(Amending WSR 98-16-044, filed 7/31/98, effective 9/1/98)

WAC 388-404-0005
((Age of child eligible)) How does a child's age affect their eligibility for TANF, SFA ((and)) or GA-H((.))?

(1) To be eligible for temporary assistance for needy families (TANF), state family assistance (SFA) or general assistance for children (GA-H), a child must be:

(((1))) (a) Under age eighteen; or

(((2))) (b) Under age nineteen((;)), and((:

(a) Participating full-time in a secondary school program or the equivalent level of vocational or technical training; and

(b) Reasonably expected to complete the program by the end of the month in which the child reaches age nineteen)) participating full-time in a secondary education program or the equivalent level of vocational or technical training.

(i) "Participating" means the educational or training institution has determined:

(A) The child's school attendance is satisfactory; and

(B) The child is making acceptable progress toward completing the program.

(ii) "Full-time" attendance and course load requirements are defined by the educational or training institution.

(2) A child who does not qualify for assistance under subsection (1) of this section may qualify for SFA if the child is under age twenty-one, and:

(a) Receiving a special education due to their disability as specified in RCW 28A.155.020; or

(b) Participating full-time in a secondary education program or the equivalent level of vocational training as defined in (1)(b) above.

(3) Children who receive SFA under WAC 388-404-0005 and who are nineteen years of age or older are not eligible for family medical or SFA related medical.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-404-0005, filed 7/31/98, effective 9/1/98.]

2626.4
AMENDATORY SECTION(Amending WSR 98-16-044, filed 7/31/98, effective 9/1/98)

WAC 388-408-0020
((Persons)) Who is excluded from TANF and SFA assistance units((.))?

((The following persons may not be included in a TANF or SFA assistance unit:

(1) Persons who are ineligible for reasons other than income and resources, except for adult family members who would make the family ineligible due to the TANF/SFA time limit as specified in chapter 388-484 WAC. Examples of persons who are ineligible for reasons other than income and resources are:

(a) Children who are not deprived of parental support and care as specified in chapter 388-430 WAC;

(b) Aliens who do not meet citizenship or alien status requirements for TANF or SFA as specified in chapter 388-424 WAC; and

(c) Children who do not live with relatives as specified in chapter 388-454 WAC.

(2) An adopted child if:

(a) The child)) (1) For the purpose of this section, "excluded" means that you will not be included when the department counts the number of people in the assistance unit to determine the payment standard for that assistance unit.

(2) This section describes the reasons why the department may exclude you from the TANF or SFA assistance unit.

(a) The department cannot exclude you from TANF or SFA assistance unit if the only reason you want to be excluded is that your income or resources make the assistance unit ineligible or reduces the amount of assistance it can receive.

(b) If the department excludes you from the TANF or SFA assistance unit, we will not count your income unless you are financially responsible for a member of the assistance unit. The rules for determining who is financially responsible and how the department counts their income and resources are WAC 388-450-0095 through 388-450-0130.

(3) The department will exclude you from an assistance unit if you are:

(a) An adopted child who:

(i) Receives federal, state or local adoption assistance; and

(((b))) (ii) Including ((the child)) you in the assistance unit would reduce the assistance unit's grant due to budgeting the adoption assistance income.

(((3) Minor parents or children who have))

(b) A minor parent or child who has been placed in Title IV-E, state, or locally funded foster care except for temporary absences allowed for under WAC 388-454-0015;

(((4))) (c) An adult parent in a two-parent household when:

(((a))) (i) The other parent is unmarried and under the age of eighteen; and

(((b))) (ii) The department determines the living arrangement is not appropriate under WAC 388-486-0005.

(((5))) (d) A recipient of SSI benefits((.)).

(e) Not included in the assistance unit at the option of your family as allowed under WAC 388-450-0025; or

(f) Ineligible for TANF or SFA because you do not meet an eligibility requirement that is not related to your ownership of income or resources:

(i) Eligibility requirements for TANF are listed in WAC 388-400-0005.

(ii) Eligibility requirements for SFA are listed in WAC 388-400-0010.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-408-0020, filed 7/31/98, effective 9/1/98.]

2669.1
AMENDATORY SECTION(Amending WSR 99-16-024, filed 7/26/99, effective 9/1/99)

WAC 388-442-0010
((Felons)) How being a felon impacts your eligibility for benefits.

(1) ((A person is)) You are not eligible for TANF/SFA, GA and/or food assistance if ((the person is)) you are:

(a) Fleeing to avoid prosecution, custody, or confinement after conviction of a crime, or an attempt to commit a crime which is considered a felony in the place from which ((they were)) you are fleeing; or

(b) Violating a condition of probation or parole as determined by an administrative body or court that has the authority to make this decision.

(2) ((A person is)) You are not eligible for TANF/SFA and/or food assistance if you were convicted of a felony committed after August 21, 1996 involving an element of possession, use, or distribution of an illegal drug, unless ((the person)) you:

(a) ((Was)) Were convicted only of possession or use of an illegal drug; and

(b) ((Was)) Were not convicted of a felony for illegal drugs within three years of the latest conviction; and

(c) ((Was)) Were assessed as chemically dependent by a program certified by the division of alcohol and substance abuse (DASA); and

(d) ((Is)) Are taking part in or ((has)) have completed a rehabilitation plan consisting of chemical dependency treatment and job services.

(3) If you are pregnant, but cannot get TANF/SFA because you were convicted of a drug-related felony, you can get SFA while you are pregnant if you meet all other TANF/SFA eligibility criteria under WAC 388-400-0005 or 388-400-0010.

[Statutory Authority: RCW 74.08.090 and 74.04.510. 99-16-024, 388-442-0010, filed 7/26/99, effective 9/1/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-442-0010, filed 7/31/98, effective 9/1/98.]

2627.4
AMENDATORY SECTION(Amending WSR 98-16-044, filed 7/31/98, effective 9/1/98)

WAC 388-480-0001
((Strikers)) How being on strike effects food assistance benefits.

(1) A strike is ((defined as a concerted)) a work stoppage, slowdown or other interruption of work ((initiated)) caused by employees. (((2) An individual is)) You are not considered ((a striker)) to be on strike if you are:

(a) Locked out by ((the)) your employer;

(b) Unable to work ((as a result of)) because work is not available as a result of striking employees;

(c) Not ((part of the bargaining unit)) a member of the bargaining unit on strike and ((fearful of personal injury from crossing)) you fear someone may physically hurt you if you cross a picket line((s)); or

(d) Exempt from work registration the day before the strike ((())for any reason((s)) other than ((employment)) being employed over thirty hours per week(())).

(((3) TANF/SFA, GA-H or RCA recipients are not eligible for any month in which a parent or the only eligible child is participating in a strike on the last day of the month.

(4) In TANF/SFA, GA-H or RCA assistance units, if a member other than the parent or only eligible child is on strike on the last day of the month, only that person is ineligible.

(5) Applicants))

(2) If you apply for food assistance ((are ineligible if participating in a)), you will not be eligible if you are on strike unless:

(a) ((The)) Your household met all income and resource eligibility standards the day ((prior to)) before the strike; and

(b) ((Is)) You are otherwise eligible at the time ((of application)) you apply.

(((6) Food assistance households are not eligible for))

(3) You will not receive an increase in your food assistance benefits solely due to ((a decrease in)) receiving less income as a direct result of ((participation in a)) being on strike.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-480-0001, filed 7/31/98, effective 9/1/98.]

2623.1
REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 388-430-0001 Establishing deprivation.
WAC 388-430-0005 Deprivation due to absence.
WAC 388-430-0010 Definition of maintenance, physical care and guidance.
WAC 388-430-0015 Deprivation due to incapacity.
WAC 388-430-0020 Deprivation due to unemployment.
WAC 388-430-0025 Work quarters.

Washington State Code Reviser's Office