WSR 05-07-133

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed March 22, 2005, 4:40 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-19-101.

Title of Rule and Other Identifying Information: WAC 388-450A-0010 Can my subsidized income be garnished?

Hearing Location(s): Blake Office Park East (behind Goodyear Courtesy Tire), Rose Room, 4500 10th Avenue S.E., Lacey, WA, on April 26, 2005, at 10:00 a.m.

Date of Intended Adoption: Not earlier than April 27, 2005.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA, e-mail fernaax@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., April 26, 2005.

Assistance for Persons with Disabilities: Contact Fred Swenson, DSHS Rules Consultant, by April 1, 2005, TTY (360) 664-6178 or (360) 664-6097.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This a new rule to prevent TANF subsidized wages from being garnished per RCW 74.04.280 and to encourage participation by TANF parents in working TANF subsidized jobs.

Reasons Supporting Proposal: RCW 74.04.280 states that TANF funded programs may not be garnished. This WAC would stop any garnishment of WorkFirst programs such as Community Jobs and WorkFirst work-study, which are subsidized with TANF funds.

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

Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.280, 74.08.090.

Rule is not necessitated by federal law, federal or state court decision.

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

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Ian Horlor, Lacey Government Center, (360) 725-4634.

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 outlining the rules clients must meet in order to be eligible for the department's cash assistance or food benefit programs.

A cost-benefit analysis is not required under RCW 34.05.328. These amendments are exempt as allowed under RCW 34.05.328 (5)(b)(vii) which states in-part, "[t]his section does not apply to.... Rules adopting...without material change...Washington state statutes..."

March 18, 2005

Andy Fernando, Manager

Rules and Policies Assistance Unit

3532.1
NEW SECTION
WAC 388-450A-0010   Can my subsidized income be garnished?   (1) Your subsidized income cannot be garnished. Subsidized income is income that is partly or entirely paid from temporary assistance for needy families (TANF) funds. Examples of subsidized income are community jobs and WorkFirst work study.

(2) For how your subsidized income affects your benefits, see WAC 388-450-0035 or 388-450-0050.

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Washington State Code Reviser's Office