EMERGENCY RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
Effective Date of Rule: Immediately.
Purpose: The division of child support (DCS) is filing this emergency amendment to strike subsection (4) of WAC 388-14A-4200 because we believe that subsection (4) goes beyond the intent of RCW 26.18.190, the statute which the rule is meant to implement.
This amendment qualifies for emergency rule making because subsection (4) of the current rule does not allow DCS to give credit to a noncustodial parent (NCP) for dependent disability payments paid on the NCP's behalf for his or her children unless the payments are made to the custodial payment or the state. RCW 26.18.190 does not contain this limitation.
DCS is also filing a CR-101, preproposal statement of inquiry, at this time to start the regular rule-making process.
Citation of Existing Rules Affected by this Order: Amending WAC 388-14A-4200.
Statutory Authority for Adoption: RCW 26.18.190, 26.23.035, 74.08.090, and 74.20A.055.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: This amendment qualifies for emergency rule making because subsection (4) of the current rule does not allow DCS to give credit to a noncustodial parent for dependent disability payments paid on the NCP's behalf for his or her children unless the payments are made to the custodial payment or the state. RCW 26.18.190 does not contain this limitation.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: March 18, 2011.
Katherine I. Vasquez
Rules Coordinator
4280.1(2) When the Social Security administration pays Social Security disability dependency benefits, retirement benefits, or survivors insurance benefits on behalf of or on account of the child or children of an NCP who is a disabled person, a retired person, or a deceased person, DCS treats the amount of benefits paid for the child or children as if the NCP paid the benefits toward the NCP's child support obligation for the period for which benefits are paid.
(3) Under no circumstances does the NCP have a right to reimbursement of any compensation paid under subsection (1) or (2) of this section.
(((4) The NCP gets credit only for payments made to the
custodial parent or the state. The NCP does not get credit
for dependent payments made to the NCP.))
[Statutory Authority: RCW 74.08.090, 26.18.190, 74.20A.055. 01-03-089, § 388-14A-4200, filed 1/17/01, effective 2/17/01. Formerly WAC 388-11-280.]