WSR 03-14-105

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed June 30, 2003, 3:48 p.m. , effective July 1, 2003 ]

Date of Adoption: June 27, 2003.

Purpose: The proposed amendment will eliminate the transitional work expense from authorized WorkFirst support services. It will also reduce the amount that can be spent on different support services. These changes are needed to keep WorkFirst support services expenditures within the amount budgeted. A CR-101 preproposal statement of inquiry, WSR 03-11-087, has been filed to initiate the regular adoption process.

Citation of Existing Rules Affected by this Order: Amending WAC 388-310-0800 and 388-310-1800.

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

Other Authority: 2001-03 Supplemental Budget (section 207, chapter 10, Laws of 2003).

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest; and 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 currently [are] 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 2001-2003 supplemental budget (chapter 10, Laws of 2003) 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.
Effective Date of Rule: July 1, 2003.

July 27, 2003

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3207.3
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)) required participation before the sanction is lifted (WAC 388-310-1600);

(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)) six months 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)) $75 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)) $250 per program year x x
License/fees/liability insurance (($600)) $130 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 a transitional work expense?

(a) A transitional work expense is a special type of support services that is only paid once in a lifetime. It is 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 qualify for the second payment of five hundred dollars you must meet the following conditions:

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

(ii) 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.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending WSR 02-15-067, filed 7/11/02, effective 8/1/02)

WAC 388-310-1800   WorkFirst--Post employment services.   (1) What is the purpose of post employment services?

Post employment services help low-income parents who are working twenty hours or more a week keep and cope with their current jobs, look for better jobs, gain work skills for a career and become self sufficient.

(2) How do I obtain post employment services?

(a) You can obtain post employment services by:

(i) Asking for a referral from the local community service office;

(ii) Contacting community or technical colleges; or

(iii) Contacting the employment security department. Employment security department staff may also telephone you if you got a job while you were on TANF or SFA to see if you are interested in receiving these services.

(b) You may qualify for different services (from various state or federal programs) depending on whether you:

(i) Are a mandatory participant (that is, you currently receive TANF or SFA benefits);

(ii) Used to receive TANF or SFA benefits; or

(iii) Have never been on TANF or SFA.

(3) Who provides post employment services and what kind of services do they provide?

(a) The employment security department can help you increase your wages, increase your job skills or find a better job by providing you with:

(i) Employment and career counseling;

(ii) Labor market information;

(iii) Job leads for a better job (sometimes called job development);

(iv) On the job training;

(v) Help with finding a job that matches your interests, abilities and skills (sometimes called job matching); and

(vi) Help with finding a new job after job loss (sometimes called reemployment).

(b) Any Washington state technical and community college can approve a skill-training program for you that will help you advance up the career ladder. Their staff will talk to you, help you decide what training would work best for you and then help you get enrolled in these programs. The college may approve the following types of training for you at any certified institution:

(i) High school/GED,

(ii) Vocational education training,

(iii) Job skills training,

(iv) Adult basic education,

(v) English as a second language training, or

(vi) Preemployment training.

(4) What other services are available while you receive post employment services?

While you receive post employment services, you may qualify for:

(a) Working connections childcare if you meet the criteria for this program (described in chapter 388-290 WAC).

(b) Other support services, such as help in paying for transportation or work expenses.

(c) Other types of assistance for low-income families such as food stamps, medical assistance or help with getting child support that is due to you and your children.

(5) Who is eligible for post employment service, support services and childcare?

You may qualify for post employment services, support services and child care if you are working twenty hours or more a week, and:

(a) You are current TANF or SFA recipient. You qualify for:

(i) All types of post employment services, unless you are in sanction status;

(ii) Tuition assistance from the community and technical college system;

(iii) WorkFirst support services; and

(iv) Working connections childcare.

(b) You are a former TANF or SFA recipient. You qualify for:

(i) Employment retention services (help with keeping a job) for up to ((twenty-four)) twelve months after exiting TANF or SFA.

(ii) Wage and skill progression services (help with finding a better job and/or obtaining better wages) for up to ((twenty four)) twelve months after exiting TANF or SFA.

(iii) Tuition assistance or preemployment training from the community and technical college system;

(iv) Working connections childcare assistance; and/or

(v) WorkFirst support services for up to ((twelve)) six months after exiting TANF or SFA.

(c) You are a low wage earner (that is, your family income does not exceed one hundred seventy-five percent of the federal poverty level) who has never received TANF or SFA benefits, and are in a community or technical college-approved skill training program. You may qualify for:

(i) Tuition assistance or preemployment training from the community and technical college system; or

(ii) Working connections child care while you are in training or school for up to a total of thirty six months.

(6) What if I lose my job while I am receiving post employment services?

If you now receive or used to receive TANF or SFA, help is available to you for up to four weeks so that you can find another job and continue in your approved post employment.

(a) The employment security department will provide you with reemployment services.

(b) At the same time, your case manager can approve up to four weeks of support services and childcare for you.

[Statutory Authority: RCW 74.08A.010(4), 74.08A.340, 74.08.090, 74.04.050. 02-15-067, 388-310-1800, filed 7/11/02, effective 8/1/02. Statutory Authority: RCW 74.08A.340(2), 45 C.F.R. 260.31, RCW 74.08.090, and chapter 74.04 RCW. 00-16-055, 388-310-1800, filed 7/26/00, effective 8/1/00. Statutory Authority: RCW 74.08.090 and 74.04.050. 99-10-027, 388-310-1800, filed 4/28/99, effective 5/29/99; 97-20-129, 388-310-1800, filed 10/1/97, effective 11/1/97.]

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