WSR 03-12-025

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed May 29, 2003, 8:39 a.m. ]

     Date of Adoption: May 27, 2003.

     Purpose: The proposed amendment will eliminate the transitional work expense from authorized WorkFirst support services. The second emergency filing is necessary as there will be more changes to WorkFirst support services required to keep the expenditures within the amount budgeted. The department has filed a preproposal statement of inquiry as WSR 03-11-087 and has initiated rule-making proceedings to adopt this as a permanent rule.

     Citation of Existing Rules Affected by this Order: Amending WAC 388-310-0800.

     Statutory Authority for Adoption: RCW 74.08.090, 74.04.050, 78.08A.340.

     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: This change is necessary to save federal TANF funds that are currently being overexpended. If we overexpend federal funds, we must use general state funds to make up the overexpenditure. We do not have the authority to do this because funds have not been appropriated for this purpose.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
     Effective Date of Rule: Immediately.

January 27, 2003

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3207.1
AMENDATORY SECTION(Amending WSR 02-11-130, filed 5/21/02, effective 7/1/02)

WAC 388-310-0800   WorkFirst--Support services.   (1) Who can get support services?

     People who can get support services include:

     (a) WorkFirst participants who receive a TANF cash grant;

     (b) Sanctioned WorkFirst participants during the two-week participation before the sanction is lifted;

     (c) Unmarried or pregnant minors who are income eligible to receive TANF and are:

     (i) Living in a department approved living arrangement (WAC 388-486-0005) and are meeting the school requirements (WAC 388-486-0010); or

     (ii) Are actively working with a social worker and need support services to remove the barriers that are preventing them from living in a department approved living arrangements and/or meeting the school requirements.

     (d) Former WorkFirst recipients who are working at least twenty hours or more per week for up to one year after leaving TANF if they need support services to meet a temporary emergency. This can include up to four weeks of support services if they lose a job and are looking for another one (see also WAC 388-310-1800); or

     (e) American Indians who receive a TANF cash grant and have identified specific needs due to location or employment.

     (2) Why do I receive support services?

     Although not an entitlement, you may receive support services for the following reasons:

     (a) To help you participate in work and WorkFirst activities that lead to independence.

     (b) To help you to participate in job search, accept a job, keep working, advance in your job and/or increase your wages.

     (c) You can also get help in paying your child care expenses through the working connections child care assistance program. (Chapter 388-290 WAC describes the rules for this child care assistance program.)

     (3) What type of support services may I receive and what limits apply?

     There is a limit of three thousand dollars per person per program year (July 1st to June 30th) for WorkFirst support services you may receive. Most types of support services have dollar limits.

     The chart below shows the types of support services that are available for the different activities (as indicated by an "x") and the limits that apply.

     Definitions:

     • Work-related activities include looking for work or participating in workplace activities, such as community jobs or a work experience position.

     •• Safety-related activities include meeting significant or emergency family safety needs, such as dealing with family violence. When approved, safety-related support services can exceed the dollar or category limits listed below.

     ••• Some support services are available if you need them for other required activities in your IRP.

Type of support service

Limit

Work

••

Safety

•••

Other

Reasonable accommodation for employment $1,000 for each request x
Clothing/uniforms $200 per adult per program year x
Diapers $50 per child per month x
Haircut $40 per each request x
Lunch Same rate as established by OFM for state employees x
Personal hygiene $50 per adult per program year x
Professional, trade, association, union and bonds $300 for each fee x
Relocation related to employment (can include rent, housing, and deposits) $1,000 per program year x
Short-term lodging and meals in connection with job interviews/tests Same rate as established by OFM for state employees x
Tools/equipment $500 per program year x
Car repair needed to restore car to operable condition $500 per program year x x
License/fees/liability insurance $600 per program year x x
Mileage, transportation, and/or public transportation Same rate as established by OFM for state employees x x
Transportation allotment Up to:

$10 for immediate need, or

$20 twice a month if you live within 40 miles of your local WorkFirst office, or

$30 twice a month if you live more than 40 miles from your local WorkFirst office.

x x
Counseling No limit x x x
Educational expenses $300 for each request if it is an approved activity in your IRP and you do not qualify for sufficient student financial aid to meet the cost x x
Medical exams (not covered by Medicaid) $150 per exam x x x
Public transportation $150 per month x x x
Testing-diagnostic $200 each x x x

     (4) What are the other requirements to receive support services?

     Other restrictions on receiving support services are determined by the department or its agents. They will decide what support services you receive, as follows:

     (a) It is within available funds; and

     (b) It does not assist, promote, or deter religious activity; and

     (c) There is no other way to meet the cost.

     (5) What ((is)) was a transitional work expense?

     (a) A transitional work expense ((is)) was a special type of support services that is only paid once in a lifetime. It ((is)) was authorized in two payments of five hundred dollars to cover your work expenses and help you exit TANF sooner and stay off of assistance longer. ((The first payment is made in the month after your TANF grant closes if you can show you have a plan for staying employed and off of TANF.

     (b) To qualify for the first transitional work expense payment of five hundred dollars, you must also meet the following conditions:

     (i) You are in unsubsidized employment; or

     (ii) You are in subsidized employment that does not use TANF funds or does not end with your TANF grant; and

     (iii) You are in the assistance unit and getting a TANF/SFA grant of one hundred dollars or less a month; and

     (iv) Neither you or anyone else in your assistance unit is in sanction status; and

     (v) You voluntarily stop getting your TANF/SFA grant.

     (c) To)) Effective February 1, 2003, transitional work expenses are no longer available.

     (b) You may still qualify for the second payment of five hundred dollars if you ((must)) meet the following conditions:

     (i) You received your first transitional work expense payment of five hundred dollars on or before January 31, 2003; and

     (ii) You have not received a TANF/SFA grant or diversion cash assistance (DCA) for three months after you stopped your TANF/SFA grant; and

     (((ii))) (iii) You are still employed.

     (6) What happens to my support services if I do not participate as required?

     The department will give you ten days notice, following the rules in WAC 388-310-1600, then discontinue your support services until you participate as required.

[Statutory Authority: RCW 74.08.090, 74.04.050, 78.08A.340, and [WSR] 99-14-043. 02-11-130, § 388-310-0800, filed 5/21/02, effective 7/1/02; 01-17-053, § 388-310-0800, filed 8/13/01, effective 9/1/01. Statutory Authority: RCW 74.08.090, 74.04.050, and 78.08A.340. 00-13-106, § 388-310-0800, filed 6/21/00, effective 7/1/00. Statutory Authority: RCW 74.08.090 and 74.04.050. 99-14-043, § 388-310-0800, filed 6/30/99, effective 7/31/99; 97-20-129, § 388-310-0800, filed 10/1/97, effective 11/1/97.]

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