WSR 00-24-039

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed November 29, 2000, 3:22 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-18-055.

Title of Rule: Amending WAC 388-484-0005 and new section WAC 388-484-0010, TANF/SFA time limits, and Indian country disregard to TANF time limits.

Purpose: To regulate how the department will implement TANF time limits.

Statutory Authority for Adoption: RCW 74.04.005, 74.04.050, 74.04.055, 74.04.057, 74.08.090, 74.08A.010, and 42 U.S.C. 608 (a)(7).

Statute Being Implemented: RCW 74.08A.010, 42 U.S.C. 608 (a)(7).

Summary: Describes in detail the types of benefits that count as a month of assistance, types of clients affected by time limits, and exceptions to time limits. A separate WAC also describes how TANF time limits affect Indian adults living in Indian country where at least 50% of adults are not employed.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Maura Donoghue, Division of Assistance Programs, (360) 413-3214 and Eric Nelson, Division of Assistance Programs, (360) 413-3088.

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

Rule is necessary because of federal law, 42 U.S.C. 608 (a)(7).

Explanation of Rule, its Purpose, and Anticipated Effects: These rules are intended to clarify the state and federal statutory provisions for TANF time limits. These rules specify the types and benefits and clients to which the sixty-month TANF/SFA time limit apply. A separate WAC also describes the "Indian country disregard," a provision in federal statute which directs states to exempt those months of assistance received by adults living in Indian country where at least 50% of adults are not employed.

Proposal Changes the Following Existing Rules: WAC 388-484-0005 is amended to provide a more detailed explanation of time limits rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not implicate the Regulatory Fairness Act, chapter 19.85 RCW, because the rule imposes no costs on business or industry. This rule affects families' eligibility for public assistance.

RCW 34.05.328 does not apply to this rule adoption. This is an "interpretive rule," and does not meet the definition of a "significant legislative rule" per RCW 34.05.328.

Hearing Location: Blake Office Building East, 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on January 9, 2001, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Kelly Cooper, DSHS Rules Coordinator, by January 3, 2001, phone (360) 664-6094, TTY (360) 664-6178, e-mail coopekd@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by January 9, 2001.

Date of Intended Adoption: No sooner than January 10, 2001.

November 27, 2000

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

2891.3
AMENDATORY SECTION(Amending WSR 99-08-050, filed 4/1/99, effective 5/2/99)

WAC 388-484-0005   There is a five year (sixty-month) time limit for TANF, SFA and GA-S cash ((benefits)) assistance.   (1) What is the sixty-month time limit?

     ((The sixty-month time limit is a lifetime limit of cash benefits))

     (a) You can receive cash assistance for temporary assistance for needy families (TANF), state family assistance (SFA), and general assistance for pregnant women (GA-S) for a lifetime limit of sixty months. The time limit applies to cash assistance provided by any combination of these ((cash benefits)) programs, and whether or not it was received in consecutive months.

     (b) If you receive cash assistance for part of the month, it counts as a whole month against the time limit.

     (c) If you have received cash assistance from another state on or after August 1, 1997, and it was paid for with federal TANF funds, those months will count against your time limit.

     (d) The time limit does not apply to diversion cash assistance, support services, food assistance or Medicaid.

     (2) When ((does)) did the sixty-month time limit ((start)) go into effect?

     The sixty-month time limit ((starts)) applies to cash assistance received on or after August 1, 1997 for TANF and SFA ((and May 1, 1999 for GA-S)). Although the GA-S program no longer exists, the time limit applies to GA-S cash assistance received from May 1, 1999 through July 31, 1999.

     (3) ((Who)) Does ((this)) the time limit apply to me?

     The sixty-month time limit applies to ((any)) you if you are an adult needy caretaker relative(((s))) as defined in WAC 388-454-0010, or a minor parent emancipated through court order or marriage.

     (4) ((Are there)) Do any exceptions to the time limits apply to me?

     ((A month)) The department does not count months of assistance towards the sixty-month time limit ((when)) if you are:

     (a) ((Unmarried)) A nonneedy adult caretaker relative who is not a member of the assistance unit and you are receiving cash assistance on behalf of a child;

     (b) An unemancipated pregnant or parenting ((minors live)) minor living in a department approved living arrangement as defined by WAC 388-486-0005((.

     (b))); or

     (c) An American Indian or Native Alaskan adult and you are living in Indian country, as defined under 18 U.S.C. 1151, or an Alaskan Native village((, if during the months the needy caretaker relative(s) received)) and you are receiving TANF, SFA, or GA-S cash ((benefits)) assistance during a period when at least fifty percent of the adults living ((on the reservation)) in Indian country or in the village were ((unemployed)) not employed. See WAC 388-484-0010.

     (5) What happens if a member of my assistance unit has received sixty months of TANF, SFA, and GA-S cash benefits?

     ((The entire assistance unit becomes ineligible for TANF, SFA, or GA-S cash benefits)) Once any ((member)) adult or emancipated minor in the assistance unit has received sixty months of ((these benefits)) cash assistance, the entire assistance unit becomes ineligible for TANF or SFA cash assistance. Some people may be eligible for an extended period of cash assistance based on hardship criteria to be developed by the department.

     (6) What can I do if I disagree with how the department has counted my months of cash assistance?

     (a) If you disagree with how the department has counted your months of cash assistance, you may ask for a hearing within ninety days of receiving notice of the count.

     (b) If your cash assistance is terminated after sixty months and you ask for a hearing as provided under chapter 388-02 WAC, your cash assistance will be continued during the course of your appeal. You must repay the cash assistance, however, if the department's decision is found to be correct.

[Statutory Authority: RCW 74.04.005, 74.04.050, 74.04.055, 74.04.057 and 74.08.090.      99-08-050, § 388-484-0005, filed 4/1/99, effective 5/2/99.      Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090.      98-16-044, § 388-484-0005, filed 7/31/98, effective 9/1/98.]


NEW SECTION
WAC 388-484-0010   How does the five-year (sixty-month) time limit for TANF, SFA and GA-S cash assistance apply to American Indians or Alaskan Natives living in Indian country?   (1) If you are American Indian or Alaskan Native, time limits on temporary assistance for needy families (TANF), state family assistance (SFA) and general assistance for pregnant women (from May 1, 1999 to July 31, 1999) do not count under certain circumstances.

     If you are an American Indian or Alaskan Native adult, months of cash assistance do not count against the sixty-month lifetime limit if you live in Indian country or an Alaskan Native village where at least fifty percent of adults are not employed.

     (2) Do time limits on cash assistance apply if I am not an American Indian or Alaskan Native but I am the custodial parent of an American Indian or Alaskan Native child?

     If you are a non-American Indian or non-Alaskan Native custodial parent of an American Indian or Alaskan Native child or children living in a qualifying area of Indian country, your months on assistance will count against your lifetime limit. You may, however, receive more than sixty months of assistance under hardship criteria to be developed by the department.

     (3) Where must I live to qualify for the Indian country exemption to time limits?

     To qualify for this exemption to TANF time limits, you must live in "Indian country." The department uses the "Indian country" definition in federal law at 18 U.S.C. 1151. Indian country is defined as reservations, dependent Indian communities, and allotments. Dependent Indian communities must be set aside by the federal government for the use of Indians and be under federal superintendence. Near reservation areas (areas or communities adjacent or contiguous to reservations) are not considered Indian country for purposes of this exemption.

     (4) Can I live on the reservation or Indian country belonging to a tribe other than my own to qualify for this time limit exemption?

     Yes. You do not need to be an American Indian or Alaskan Native of the same tribe as the reservation or other area of Indian country on which you reside.

     (5) How does the department determine if at least fifty percent of adults living in Indian country are not employed?

     The department uses the most current biennial Indian Service Population and Labor Force Estimates Report published by the Bureau of Indian Affairs (BIA), or any successor report, as the default data source to determine if the not employed rates for areas of Indian country are at least fifty percent.

     (6) What if a tribe disagrees with the not employed rate published in the BIA Indian Service Population and Labor Force Estimates Report?

     A tribe may provide alternative data, based on similar periods to the Indian Service Population and Labor Force Estimates Report, to demonstrate that the not employed rate is at least fifty percent.

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