WSR 05-03-078

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed January 17, 2005, 12:55 p.m. , effective February 17, 2005 ]


Purpose: To amend WAC 388-450-0015 What types of income are not used when figuring out my benefits?, to specifically support the following excludable income types for assistance determinations: Certain payments to children of Vietnam veterans, certain third-party vendor payments, and a reference to other exclusions specifically excluded under state or federal law. This amendment is also necessary to update program language.

Citation of Existing Rules Affected by this Order: Amending WAC 388-450-0015.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090.

Other Authority: Public Law 106-419.

Adopted under notice filed as WSR 04-22-067 on October 29, 2004.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 1, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: January 10, 2005.

Andy Fernando, Manager

Rules and Policies Assistance Unit

3461.2
AMENDATORY SECTION(Amending WSR 02-14-022, filed 6/21/02, effective 6/22/02)

WAC 388-450-0015   What types of income are not used when figuring out my benefits?   This section applies to cash assistance, ((medical programs for children, pregnant women and families)) Children's, Family, or Pregnancy Medical, and Basic Food ((assistance)) benefits.

(1) There are some types of income that we (the department) do not count when figuring out if you can get benefits and the amount you can get. Some examples of income we do not count are:

(a) Bona fide loans as defined in WAC 388-470-0025, except certain student loans as specified under WAC 388-450-0035;

(b) Federal earned income tax credit (EITC) payments;

(c) Title IV-E and state foster care maintenance payments if the foster child is not included in your assistance unit;

(d) Energy assistance payments;

(e) Educational assistance as specified in WAC 388-450-0035;

(f) Native American benefits and payments as specified in WAC 388-450-0040;

(g) Income from employment and training programs as specified in WAC 388-450-0045;

(h) Money withheld from a client's benefit to repay an overpayment from the same income source. For Basic Food ((assistance)), this exclusion does not apply when the money is withheld to recover an intentional noncompliance overpayment from a federal, state, or local means tested program such as TANF/SFA, GA, and SSI;

(i) Legally obligated child support payments received by TANF/SFA recipients; ((and))

(j) Payments issued under the Department of State or Department of Justice Reception and Replacement Programs, such as Voluntary Agency (VOLAG) payments; and

(k) Payments specifically excluded from being counted as income under state or federal law. Disregard certain payments made by the Veterans Administration to children of Vietnam veterans (P.L. 106-419, see FR 671473.815);

(l) For cash and Basic Food: payments made to a third party on behalf of the household using funds that are not owed to the household; and

(m) For medical assistance: only the portion of income used to repay the cost of obtaining that income source.

(2) For ((medical programs for children, pregnant women, or families)) Children's, Family, or Pregnancy Medical, we also do not count any insurance proceeds or other income you have recovered as a result of being a Holocaust survivor.

[Statutory Authority: RCW 74.08.090 and 74.04.510. 02-14-022, 388-450-0015, filed 6/21/02, effective 6/22/02. Statutory Authority: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.530 and 2000 2nd sp.s. c 1 210(12). 01-18-006, 388-450-0015, filed 8/22/01, effective 9/22/01. Statutory Authority: RCW 74.08.090 and 74.04.510. 99-17-025, 388-450-0015, filed 8/10/99, effective 10/1/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-450-0015, filed 7/31/98, effective 9/1/98. Formerly WAC 388-505-0590.]

Washington State Code Reviser's Office