WSR 03-09-073

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed April 15, 2003, 4:36 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-06-057.

Title of Rule: WAC 388-450-0080 What is self-employment income and 388-450-0085 How does we count your self-employment income?

Purpose: The department is amending the rules to clarify what activities qualify as self-employment, what deductions the department allows for self-employed individuals, and rewrite the text of the rules to be more easily understood.

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

Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510.

Summary: These rules explain which income-earning activities qualify as self-employment and what dedications the department allows when calculating self-employment income for cash, basic food, and medical programs for children, pregnant women and families.

Reasons Supporting Proposal: These changes are necessary to clarify which activities the department counts as self-employment, and how the department calculates an individual's self-employment income.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: John Camp, 1009 College S.E., Lacey, WA 98504, (360) 413-3232.

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

Rule is necessary because of federal law, Title 7 of the Code of Federal Regulations, Part 273.9(b).

Explanation of Rule, its Purpose, and Anticipated Effects: Rule: WAC 388-450-0080 What is self-employment income and 388-450-0085 How does we count your self-employment income?

Purpose and Effect: See Purpose, Summary, and Reasons Supporting Proposal above.

Proposal Changes the Following Existing Rules: See Purpose, Summary, and Reasons Supporting Proposal above.

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 by modifying immigrant eligibility provisions to the sponsor deeming requirements for food assistance benefits.

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 state 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 federal requirements mandated by Title 7 of the Code of Federal Regulations Part 273, 273.9(b) regarding self-employment income for federal food stamp benefits. The department also applies the same requirements for cash assistance and medical benefits for children, pregnant women and families.

Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on May 27, 2003, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by May 23, 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., May 27, 2003.

Date of Intended Adoption: No earlier than May 28, 2003.

April 14, 2003

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3226.2
AMENDATORY SECTION(Amending WSR 01-19-020, filed 9/11/01, effective 10/1/01)

WAC 388-450-0080   What is self-employment income?   This section applies to TANF/SFA, GA, RCA, Basic Food ((assistance)), and medical programs for children, pregnant women and families.

(1) Self-employment income is income you earn from operating a business ((you own or operate rather than income from an employer. It does not have to be a licensed business to qualify as self-employment. Some examples of self-employment include:

(a) Childcare;

(b) Operating an adult family home;

(c) Farming/fishing;

(d) Driving a taxi cab;

(e) Selling self-produced or supplied items;

(f) Working as a subcontractor; and

(g) Operating a lodging for roomers and/or boarders. Roomer income includes money paid to you for shelter costs by someone who lives with you if you:

(i) Own your residence; or

(ii) Rent your residence and charge the other people more than the total rent)), performing a service, selling items you make, or re-selling items to make a profit.

(2) ((Most self-employment income is considered earned income as described in WAC 388-450-0030.

(3))) You are self-employed if you earn income without having an employer/employee relationship with the person who pays you. Your self-employment does not have to be a licensed business for your business or activity to qualify as self-employment. Some examples of self-employment include:

(a) Childcare;

(b) Driving a taxi cab;

(c) Farming/fishing;

(d) Odd jobs such as mowing lawns, house painting, gutter cleaning, or car maintenance;

(e) Operating a lodging for roomers and/or boarders. Roomer income includes money paid to you for shelter costs by someone who lives with you if you:

(i) Own your residence; or

(ii) Rent all or a part of your residence and the total rent you charge all others in your home is more than your total rent.

(f) Operating an adult family home;

(g) Providing services such as a massage therapist or a professional escort;

(h) Retainer fees to reserve a bed for a foster child;

(i) Selling self-produced or supplied items;

(j) Selling or donating your own biological products such as blood, plasma, eggs, sperm, or hair; and

(k) Working as a subcontractor.

(3) If you are an employee of a company or individual who performs the activities listed in subsection (2) above as a part of your job, we do not count the activity as self-employment. If the person or company who pays you must report your income using IRS form W-2, you are an employee.

(4) Most self-employment income is considered earned income as described in WAC 388-450-0030.

(5) For TANF/SFA and Basic Food ((assistance)) there are special rules about renting or leasing out property or real estate that you own.

(a) We count the income you get as unearned income unless you spend at least twenty hours per week managing the property.

(b) For TANF/SFA, we count the income as unearned income unless the use of the property is a part of your approved individual responsibility plan.

[Statutory Authority: RCW 74.08.090 and 74.04.510. 01-19-020, 388-450-0080, filed 9/11/01, effective 10/1/01; 99-16-024, 388-450-0080, 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, 388-450-0080, filed 7/31/98, effective 9/1/98.]


AMENDATORY SECTION(Amending WSR 01-19-020, filed 9/11/01, effective 10/1/01)

WAC 388-450-0085   How we count your self-employment income?   This section applies to TANF/SFA, GA, RCA, Basic Food ((assistance)), and medical programs for children, pregnant women and families.

(1) We decide how much of your self-employment income to count by:

(a) Adding together your gross self-employment income and ((your capital gains (all of the income you receive from the sale of)) any profit you make from selling your business property or equipment(()));

(b) Subtracting your business expenses as described in subsection (2) below; and

(c) Dividing the remaining amount of self-employment income by the number of months over which the income will be averaged.

(2) We automatically subtract one hundred dollars as a business expense even if your costs are less than this. If you want to claim more than one hundred dollars, you must itemize and provide proof of your expenses in order for us to count them. We never allow the following expenses:

(a) Federal, state, and local income taxes;

(b) Money set aside for retirement purposes;

(c) Personal work-related expenses (such as travel to and from work);

(d) Net losses from previous periods;

(e) Depreciation; or

(f) Any amount that exceeds the payment you get from a boarder for lodging and meals.

(3) If you have worked at your business for less than a year, we figure your gross self-employment income by averaging:

(a) The income over the period of time the business has been in operation; and

(b) The monthly amount estimated for the coming year.

[Statutory Authority: RCW 74.08.090 and 74.04.510. 01-19-020, 388-450-0085, filed 9/11/01, effective 10/1/01; 99-16-024, 388-450-0085, 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, 388-450-0085, filed 7/31/98, effective 9/1/98.]

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