WSR 09-21-069

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed October 16, 2009, 10:59 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-16-103.

Title of Rule and Other Identifying Information: The department is amending WAC 388-422-0005 What happens to my child, spousal and medical support when I get public assistance?

Hearing Location(s): Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA 98503 (one block north of the intersection of Pacific Avenue S.E. and Alhadeff Lane. A map or directions are available at http://www.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6094), on November 24, 2009, at 10:00 a.m.

Date of Intended Adoption: Not earlier than November 25, 2009.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on November 24, 2009.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by November 10, 2009, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at johnsjl4@dshs.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The community services division, economic services administration is proposing to revise WAC 388-422-0005 What happens to my child, spousal and medical support when I get public assistance?, to clarify the effective date of assignment of child support rights, and related matters.

Reasons Supporting Proposal: The current WAC language can lead to confusion. We will propose some simple changes to clarify the intent of the policy and support the assignment policy under RCW 74.20.330.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and 74.20.330.

Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and 74.20.330.

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: Tom Berry, 712 Pear S.E., Olympia, WA 98504-5470, (360) 725-4617.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed changes do not have an economic impact on small businesses. The proposed amendments only clarify the effective date of assignment of child support rights and related matters.

A cost-benefit analysis is not required under RCW 34.05.328. This amendment is exempt as allowed under RCW 34.05.328 (5)(b)(vii) which states in part, "this section does not apply to ... rules of the department of social and health services relating only to client medical or financial eligibility and rules concerning liability for care of dependents."

October 14, 2009

Stephanie E. Vaughn

Rules Coordinator

4145.2
AMENDATORY SECTION(Amending WSR 02-19-041, filed 9/11/02, effective 10/12/02)

WAC 388-422-0005   What happens to my child, spousal and medical support when I get public assistance?   (1) The following definitions apply to this chapter:

(a) "We" means the department of social and health services.

(b) "You" means a person applying for or getting benefits from us.

(c) "Benefits" mean family medical and related alien emergency medical (AEM), TANF or SFA cash assistance.

(d) "Support" means the money paid to meet a support order whether it is called child support, spousal support, alimony, maintenance, or medical support.

(e) "Medical support" means either or both:

(i) The set dollar amount for health care costs in a support order; or

(ii) Health insurance coverage for a dependent child.

(f) "Assistance unit" or "AU" means the group of people who live together and whose income and resources we count to decide your eligibility for benefits and the amount of those benefits.

(2) When you apply for TANF or SFA cash benefits, you ((assign your rights to current support and back support (also called "arrears") under WAC 388-14A-2036. You)) permanently assign to the state your current support for the months you get assistance. ((Support for months before you begin receiving assistance)) If you applied for TANF or SFA cash benefits before October 1, 2008, support for months before you begin receiving assistance (also called "arrears" under WAC 388-14A-2036) is temporarily assigned to the state. For more information about permanently and temporarily assigned support see:

(a) Permanently assigned arrears, WAC 388-14A-2037.

(b) Temporarily assigned arrears, WAC 388-14A-2038.

(3) You assign your rights to medical support under WAC 388-505-0540 when you apply for or get benefits from the following:

(a) Family medical; or

(b) Children's medical.

(4) You assign your rights to support when ((you sign the)) your application for benefits((, or when you get cash or medical benefits)) is approved by the department.

(5) If you have a good reason (WAC 388-422-0020) DCS may not be able to establish or collect child support (WAC 388-14A-2060).

(6) If you receive any support payments before you assign your rights to support, we count this as unearned income to your AU (WAC 388-450-0025).

(7) If you receive any direct support payments ((after you assign your rights to support)) during the month you apply, you ((must send the support payments to the division of child support (DCS) under WAC 388-14A-2040(3))) must report these payments and we may count them as unearned income in determining your eligibility for benefits.

(8) If you keep any support payments you receive after you assign your rights to support, DCS may collect this money from you (WAC 388-14A-5505).

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. 02-19-041, 388-422-0005, filed 9/11/02, effective 10/12/02; 98-16-044, 388-422-0005, filed 7/31/98, effective 9/1/98. Formerly WAC 388-505-0560.]

Washington State Code Reviser's Office