PERMANENT RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
Date of Adoption: October 21, 2002.
Purpose: The purpose of this rule is to explain how we treat the income of people who have family members that cannot receive assistance because of their alien status.
Citation of Existing Rules Affected by this Order: Amending WAC 388-450-0106.
Statutory Authority for Adoption: RCW 74.08.090 and 74.04.510.
Adopted under notice filed as WSR 02-16-033 on July 29, 2002.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 1, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: If we do
not implement this rule, needy clients would receive incorrect
benefits, thereby exposing the department to potential federal
sanctions. The earlier effective date is also necessary to
prevent the imminent peril to the welfare of these needy
clients.
Effective Date of Rule:
October 24, 2002.
October 18, 2002
Brian H. Lindgren, Manager
Rules and Policies Assistance Unit
3090.2 ((When a)) If you are included in the assistance unit and
you are financially responsible ((person)) for someone, as
defined in WAC 388-450-0100(((3), is included in the
assistance unit, that person's income is allocated to
household members who are excluded from the assistance unit
because of their alien status, as defined in WAC 388-450-0100
(4)(a), after allowing the following deductions)), who does
not meet the alien requirements described in WAC 388-424-0005,
we do not count all of your income. We subtract some of it so
that you can use that part to help support the people who
cannot get assistance. To figure out how much we count, we
take the following seven steps:
(1) ((The)) We start by only counting fifty percent of
your earned income ((incentive for TANF/SFA assistance units
or the ninety dollar work expense deduction for RCA assistance
units, if the income is earned)), as defined in WAC 388-450-0030;
(2) ((An amount equal to)) We add all of your unearned
income, as defined in WAC 388-450-0025.
(3) We subtract the difference between the following payment standards (payment standards can be found in WAC 388-478-0020):
(a) One that ((would include the)) includes both eligible
assistance unit members and those ((individuals excluded from
the assistance unit)) who cannot get assistance because of
their alien status; and
(b) One that includes only the eligible assistance unit members.
(((3))) (4) We subtract the payment standard ((amount
equal to)) for the number of people who are ineligible
((persons)) for reasons other than alien status, as defined in
WAC 388-450-0100 (4)(b) through (f)((;
(4) An amount not to exceed the need standard, as defined in WAC 388-478-0015, for)).
(5) We subtract any court or administratively ordered
((current or back)) child support ((paid)) you pay for legal
dependents((; and
(5) The)). This includes both current and back support. The amount cannot be more than the need standard in WAC 388-478-0015 for the number of dependents.
(6) We subtract any employment-related child care
expenses ((for which the household is liable)) you have.
(7) Then, we count whatever is left as unearned income.
[Statutory Authority: RCW 74.08.090 and 74.04.510. 99-16-024, § 388-450-0106, filed 7/26/99, effective 9/1/99. Statutory Authority: RCW 74.04.005 and 74.08.090. 98-24-037, § 388-450-0106, filed 11/24/98, effective 12/25/98.]