WSR 10-17-103

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed August 17, 2010, 11:48 a.m. , effective August 19, 2010 ]


Effective Date of Rule: August 19, 2010.

Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: These rules become permanent effective August 19, 2010, which is less than thirty-one days after filing. RCW 34.05.380 (3)(c) states that a rule may become effective on a subsequent earlier date if the action is necessary because of imminent peril to the public health, safety, or welfare. The current emergency rule (WSR 10-09-112) that allows the department to exclude $25 federal weekly supplement as income in determining eligibility and benefits for cash programs expires August 19, 2010. Without this rule, the department will have to count these payments as income for cash programs decreasing the amount of cash assistance the department provides to individuals who have lost their jobs during this economic crisis. This will result in less income for families which was not the intent of the federal economic stimulus.

In addition, RCW 34.05.380 [(3)](a) states that a rule may become effective on a subsequent earlier date if the action is required by state or federal constitution, a statue [statute] or court order. On November 6, 2009, the president signed the Worker, Homeownership, and Business Assistance Act of 2009. Section 8 of the act requires that the $25 federal supplemental unemployment compensation benefit be excluded as income or a resource when determining eligibility and benefits for the supplemental nutrition assistance program (SNAP). SNAP is administered under the Washington Basic Food program in Washington. As federal regulations require these funds to be excluded for medicaid and SNAP, the department will exclude the payments for cash in order to provide consistent treatment of the payment across program lines.

Purpose: The department is amending WAC 388-450-0015 to exclude the federal $25 supplemental weekly unemployment compensation payment authorized by the American Recovery and Reinvestment Act of 2009 for cash programs. This will increase the aid the department provides to individuals who have lost their jobs during the economic downturn as intended by the federal economic stimulus. When effective, this permanent filing will supersede emergency rules filed as WSR 10-09-112 and 10-02-038.

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

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

Other Authority: Worker, Homeownership, and Business Assistance Act of 2009.

Adopted under notice filed as WSR 10-12-108 on June 2, 2010.

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: August 5, 2010

Katherine I. Vasquez

Rules Coordinator

4166.1
AMENDATORY SECTION(Amending WSR 09-15-085 [and 09-16-095], filed 7/14/09 [and 8/4/09], effective 11/15/09)

WAC 388-450-0015   What types of income does the department not use to figure out my benefits?   This section applies to cash assistance, children's, family, or pregnancy medical, and basic food benefits.

(1) There are some types of income we do not count to figure 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 388-470-0045, except certain student loans as specified under WAC 388-450-0035;

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

(c) Federal economic stimulus payments that are excluded for federal and federally assisted state programs;

(d) Federal twenty-five dollar supplemental weekly unemployment compensation payment authorized by the American Recovery and Reinvestment Act of 2009;

(e) Title IV-E and state foster care maintenance payments if you choose not to include the foster child in your assistance unit;

(((e))) (f) Energy assistance payments;

(((f))) (g) Educational assistance we do not count under WAC 388-450-0035;

(((g))) (h) Native American benefits and payments we do not count under WAC 388-450-0040;

(((h))) (i) Income from employment and training programs we do not count under WAC 388-450-0045;

(((i))) (j) Money withheld from a benefit to repay an overpayment from the same income source. For Basic Food, we do not exclude money that is withheld because you were overpaid for purposely not meeting requirements of a federal, state, or local means tested program such as TANF/SFA, GA, and SSI;

(((j))) (k) Legally obligated child support payments received by someone who gets TANF/SFA benefits;

(((k))) (l) One-time payments issued under the Department of State or Department of Justice Reception and Replacement Programs, such as Voluntary Agency (VOLAG) payments; and

(((l))) (m) Payments we are directly told to exclude as income under state or federal law.

(((m))) (n) For cash and Basic Food: Payments made to someone outside of the household for the benefits of the assistance unit using funds that are not owed to the household;

(((n))) (o) For Basic Food only: The total monthly amount of all legally obligated current or back child support payments paid by the assistance unit to someone outside of the assistance unit for:

(i) A person who is not in the assistance unit; or

(ii) A person who is in the assistance unit to cover a period of time when they were not living with the member of the assistance unit responsible for paying the child support on their behalf.

(((o))) (p) For medical assistance: Only the portion of income used to repay the cost of obtaining that income source.

(2) For 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 74.04.005, 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090, and P.L. 107-171, section 4101. 09-15-085, 388-450-0015, filed 7/14/09, effective 11/15/09. Statutory Authority: RCW 74.04.005, 74.04.050, 74.04.055, 74.04.057, 74.04.510 and 74.08.090. 09-09-103, 388-450-0015, filed 4/20/09, effective 4/21/09; 06-07-078, 388-450-0015, filed 3/13/06, effective 5/1/06. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090 and Public Law 106-419. 05-03-078, 388-450-0015, filed 1/17/05, effective 2/17/05. 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.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

Washington State Code Reviser's Office