WSR 05-02-017

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed December 27, 2004, 1:45 p.m. , effective January 27, 2005 ]


Purpose: To amend WAC 388-408-0025 When can I choose who is in my TANF or SFA assistance unit, in order to clarify that the child's caretaker relative may choose to include the child only in the grant when the caretaker relative is not the child's parent and does not live with the child's parents.

Citation of Existing Rules Affected by this Order: Amending WAC 388-408-0025.

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

Adopted under notice filed as WSR 04-17-115 on August 17, 2004.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: December 21, 2004.

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3449.1
AMENDATORY SECTION(Amending WSR 01-03-121, filed 1/22/01, effective 3/1/01)

WAC 388-408-0025   When can I choose who is in my TANF or SFA assistance unit?   If you are a child's parent or other caretaker relative (a relative who cares for the child's basic needs as defined in WAC 388-454-0010), use the table below to find who you may choose to include or exclude in your TANF or SFA AU. If you include a child in your AU, it could cause you to get more or less benefits. If someone is not allowed in the AU under WAC 388-408-0020, you cannot choose to include them in your TANF or SFA AU.


(1) If you are the parent of the child, you may choose whether or not to include: (a) Yourself in the AU if the child gets SSI; and

(b) The child in the AU if:

(i) You already receive TANF or SFA;

(ii) You are not married to the child's other parent; and

(iii) The child lives with both parents.

(2) If you are not the child's parent, and do not live with the parents of the child, you may choose to ((include either)): (a) Include yourself if you are a relative defined in WAC 388-454-0010; ((or))

(b) Include someone else that cares for the child and is a relative defined in WAC 388-454-0010; or

(c) Receive a grant for the child only.

(3) If you are the child's parent or caretaker relative, you may choose whether or not to include any of the following children: (a) Brothers or sisters of a child who gets SSI;

(b) Stepsisters and stepbrothers of a child; and

(c) Other children that are not the child's brother or sister.

[Statutory Authority: RCW 74.04.050, 74.04.057, 2000 2nd sp.s. c 1. 01-03-121, 388-408-0025, filed 1/22/01, effective 3/1/01. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-408-0025, filed 7/31/98, effective 9/1/98.]

Washington State Code Reviser's Office