WSR 10-02-037

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed December 30, 2009, 9:09 a.m. , effective January 30, 2010 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: The community services division, economic services administration is amending 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. This amendment includes some simple changes to clarify the intent of the policy and support the assignment policy under RCW 74.20.330.

Citation of Existing Rules Affected by this Order: Amending WAC 388-422-0005.

Statutory Authority for Adoption: RCW 74.04.005, 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090, and 74.20.330.

Adopted under notice filed as WSR 09-21-069 on October 16, 2009.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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 22, 2009.

Don Goldsby, Manager

Rules and Policies Assistance Unit

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