EMERGENCY RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
Date of Adoption: June 15, 2000.
Purpose: Based on the passage of the budget bill (HB 2487) section 208 (1)(k), this rule will count census income for cash programs. We will continue to exclude census income received by temporary employees between February 1, 2000 - December 31, 2000, for food and medical assistance programs.
Citation of Existing Rules Affected by this Order: Amending WAC 388-450-0015.
Statutory Authority for Adoption: RCW 74.08.090, 74.04.050.
Other Authority: USDA AN 00-27, HB 2487.
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: To comply with the passage of the budget bill (HB 2487) section 208 (1)(k) stated to take effect immediately, we are repealing the census income exclusion for TANF while still preserving the exclusion for food stamps and medical.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0. Effective Date of Rule: Immediately.
June 15, 2000
Marie Myerchin-Redifer, Manager
Rules and Policies Assistance Unit
2708.4This section applies to TANF/SFA, RCA, GA, TANF/SFA-related medical and food assistance programs.
(1) Excluded income is income that is not counted when determining a client's eligibility and benefit level. Types of excluded income include but are not limited to:
(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 the 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 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; and
(i) Child support payments received by TANF/SFA recipients.
(2) For food assistance programs, the following income types are excluded:
(a) Emergency additional requirements authorized to TANF/SFA and RCA clients under WAC 388-436-0001 and paid directly to a third party;
(b) Cash donations based on need received directly by the household if the donations are:
(i) Made by one or more private, nonprofit, charitable organizations; and
(ii) Do not exceed three hundred dollars in any federal fiscal year quarter.
(c) Infrequent or irregular income, received during a three-month period by a prospectively budgeted assistance unit, that:
(i) Cannot be reasonably anticipated as available; and
(ii) Does not exceed thirty dollars for all household members.
(3) For food and medical assistance programs, income received from the U.S. Census Bureau as a temporary employee between February 1, 2000 and December 31, 2000 is excluded.
(4) All income that is not excluded is considered to be part of an assistance unit's gross income.
(((4))) (5) For food assistance households not containing an
elderly or disabled member, the assistance unit is ineligible if
its gross income exceeds one hundred thirty percent of the
federal poverty level as specified in WAC 388-478-0060.
(((5))) (6) Disregarded income is income that is counted
when determining an assistance unit's gross income but is not
used when determining an assistance unit's countable income.
Types of disregarded income include but are not limited to:
(a) Earned income incentives and disregards for cash assistance; and
(b) Earned income disregard and income deductions for food assistance.
[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.]