WSR 03-03-008

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed January 6, 2003, 3:47 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-23-014.

Title of Rule: WAC 388-450-0050 How are your cash assistance and basic food benefits determined when you are participating in the community jobs (CJ) program?

Purpose: To differentiate between classic jobs and career jump jobs and explain the impact that income received from each of these programs has on cash and basic food assistance benefit amounts.

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

Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090.

Summary: The change to this rule is intended to clarify the difference between classic jobs and career jump jobs and the impact each has on cash and basic food assistance.

Reasons Supporting Proposal: Income from classic jobs is treated differently from income received from career jump jobs. If this rule is not amended, some clients would be terminated from cash assistance instead of being suspended and some clients would receive incorrect food assistance benefit amounts.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Carole McRae, 1009 College S.E., Lacey, WA 98504, (360) 413-3074.

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

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Rule: WAC 388-450-0050 How are your cash assistance and basic food benefits determined when you are participating in the community jobs (CJ) program?

Purpose and Effect: Income from classic jobs is treated differently from income received from career jump jobs. If this rule is not amended, some clients would be terminated from cash assistance instead of being suspended, and some clients would receive incorrect food assistance benefit amounts.

Proposal Changes the Following Existing Rules: Subsection (1) is modified to explain the distinction between classic jobs and career jump activities.

Subsection (2) is modified to explain the process for determining the monthly amount of wages from these activities.

Subsection (3) is modified to explain the effect of variations in the monthly hours of employment upon the TANF grant.

Subsection (4) is modified to explain how income from these activities is treated for both cash and basic food assistance.

New subsection (6) is added to explain the circumstances under which the cash assistance will terminate due to income from career jump jobs.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposed rule does not have an economic impact on small businesses. It only affects DSHS clients who are participating in the community jobs program.

RCW 34.05.328 does not apply to this rule adoption. These amendments are exempt as allowed under RCW 34.05.328 (5)(b)(vii) which states in-part, "[t]his section does not apply to... rules of the department of social and health services relating only to client medical or financial eligibility and rules concerning liability for care of dependents." This rule adopts clarifying distinctions between two employment activities which are components of the community jobs program for DSHS clients, and impact of that employment income on financial eligibility for assistance.

Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on February 25, 2003, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by February 21, 2003, phone (360) 664-6094, TTY (360) 664-6178, e-mail FernAX@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, e-mail fernaax@dshs.wa.gov, by 5:00 p.m., February 25, 2003.

Date of Intended Adoption: Not earlier than February 26, 2003.

Bonita H. Jacques

for Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3193.2
AMENDATORY SECTION(Amending WSR 01-23-044, filed 11/15/01, effective 1/1/02)

WAC 388-450-0050   How are your cash assistance and basic food ((assistance)) benefits determined when you are participating in the community jobs (CJ) program?   (1) ((When you work in the community jobs (CJ) program, you get part of your money from the job and part as a TANF grant. The department estimates your total monthly income from your CJ position based on the number of hours you, your case manager and the CJ contractor expect you to work for the month. We multiply the)) There are two different kinds of community jobs. They are:

(a) Classic jobs where your wages are subsidized by TANF or SFA; and

(b) Career jump where your wages are paid entirely by your employer beginning with the fifth month of your employment.

(2) We figure your total monthly income you get from your classic jobs or career jump job by:

(a) Estimating the number of hours you, your case manager, and the CJ contractor expect you to work for the month; and

(b) Multiplying the number of hours by the federal or state minimum wage, whichever is higher((, to get your monthly income)).

(((2))) (3) Because you are expected to participate and meet the requirements of CJ, once we determine what your total monthly income is expected to be, we do not change your TANF grant if your actual hours are more or less than anticipated.

(((3))) (4) We treat the total income we expect you to get each month from your CJ position as:

(a) Earned income for cash assistance except we do not count any of the CJ income you get in the first month of your employment.

(b) ((Unearned)) Earned income for basic food ((assistance)) if you are a career jump participant that has transferred to your employer's regular payroll and your wages are no longer being subsidized; or

(c) Unearned income for basic food while you are in subsidized employment.

(((4) For cash assistance, we do not count any of the CJ income that you get in the first month that you work in the CJ position.))

(5) If your anticipated ((CJ)) classic jobs income is more than your grant amount, your cash grant is suspended. This means that you are considered to be a TANF/SFA recipient, but you do not get a grant.

(a) The grant suspension can be up to a maximum of nine months.

(b) As long as you would be eligible for a grant if we did not count your ((CJ)) classic jobs income, you can keep participating in CJ even though your grant is suspended.

(c) The months your grant is suspended do not count toward your sixty-month lifetime limit.

(6) If your income from career jump after we subtract half of what you have earned is greater than your grant, your TANF/SFA case will close. This happens because your income is over the maximum you are allowed. You will still be able to participate in the CJ program for up to nine months.

(7) If your income from other sources alone not counting CJ income makes you ineligible for a cash grant, we terminate your grant and end your participation in CJ.

[Statutory Authority: RCW 74.04.050, 74.04.057, 74.04.510. 01-23-044, 388-450-0050, filed 11/15/01, effective 1/1/02. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 99-09-054, 388-450-0050, filed 4/19/99, effective 6/1/99; 98-16-044, 388-450-0050, filed 7/31/98, effective 9/1/98.]

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