WSR 11-11-094

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed May 18, 2011, 9:09 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 11-02-068.

Title of Rule and Other Identifying Information: The department is proposing changes to WAC 388-478-0020 Payment standards for TANF, SFA and RCA, 388-478-0035 Maximum earned income limits for TANF, SFA and RCA, and 388-436-0050 Determining financial need and benefit amount for CEAP.

Hearing Location(s): Office Building 2, Auditorium, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at http://www1.dshs.wa.gov/msa/rpau/RPAU-OB-2directions.html or by calling (360) 664-6094), on June 21, 2011, at 10:00 a.m.

Date of Intended Adoption: Not earlier than June 22, 2011.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 1115 Washington Street S.E., Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on June 21, 2011.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by June 7, 2011, 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 department is proposing to reduce payment standards and maximum earned income limits by fifteen percent.

Reasons Supporting Proposal: The department needs to make further reductions to TANF-related programs in order to achieve a balanced WorkFirst budget for the 2011-13 biennium (which begins July 1, 2011). This reduction is necessary to address a growing WorkFirst budget shortfall, driven by increased demand for services by families affected by the economic recession as described in the "WorkFirst reductions" announcement dated December 17, 2010. In November 2010, the department announced reductions necessary to keep the WorkFirst budget in balance based on a projected WorkFirst deficit of approximately $225 million for the next biennium. On December 15, 2010, Governor Gregoire announced a proposed 2011-2013 budget cut needed to close an additional $4.6 billion projected shortfall in the next state fiscal biennium, and proposed eliminating or restructuring many state programs, agencies, boards and commissions. See the governor's proposed budget for SFY 2011-2013 at http://www.governor.wa.gov/priorities/budget/press_packet.pdf.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.770, 74.08.090, and chapters 74.08A and 74.12 RCW.

Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and chapters 74.08A and 74.12 RCW.

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: Aurea Figueroa-Rogers, P.O. Box 45470, Olympia, WA 98504-5470, (360) 725-4623.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule does not have an economic impact on small businesses.

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 of the department of social and health services relating only to client medical or financial eligibility and rules concerning liability for care of dependents."

May 13, 2011

Katherine I. Vasquez

Rules Coordinator

4266.2
AMENDATORY SECTION(Amending WSR 09-14-040, filed 6/24/09, effective 7/25/09)

WAC 388-436-0050   Determining financial need and benefit amount for CEAP.   (1) To be eligible for CEAP assistance, the assistance unit's nonexcluded income, minus allowable deductions, must be less than ninety percent of the TANF payment standard for households with shelter costs. The net income limit for CEAP assistance units is:


Assistance

Unit Members

Net Income Limit
1 $ ((323)) 275
2 ((407)) 346
3 ((505)) 429
4 ((594)) 505
5 ((685)) 582
6 ((779)) 662
7 ((900)) 762
8 or more ((996)) 847

(2) The assistance unit's allowable amount of need is the lesser of:

(a) The TANF payment standard, based on assistance unit size, for households with shelter costs as specified under WAC 388-478-0020; or

(b) The assistance unit's actual emergent need, not to exceed maximum allowable amounts, for the following items:

Need Item: Maximum allowable amount by assistance unit size:

1 2 3 4 5 6 7 8 or more
Food $((217)) 184 $((276)) 235 $((341)) 290 $((402)) 342 $((463)) 394 $((526)) 447 $((600)) 510 $((664)) 564
Shelter ((265)) 225 ((334)) 284 ((416)) 354 ((490)) 417 ((564)) 479 ((639)) 543 ((740)) 629 ((818)) 695
Clothing ((31)) 26 ((39)) 33 ((48)) 41 ((57)) 48 ((65)) 55 ((75)) 64 ((85)) 72 ((96)) 82
Minor Medical Care ((184)) 156 ((234)) 199 ((290)) 247 ((341)) 290 ((393)) 334 ((444)) 377 ((516)) 439 ((570)) 485
Utilities ((89))

76

((113))

96

((140)) 119 ((164)) 139 ((189)) 161 ((216)) 184 ((250)) 213 ((276)) 235
Household maintenance ((65))

55

((83))

71

((103))

88

((121)) 103 ((140)) 119 ((159)) 135 ((183)) 156 ((202)) 172
Job related transportation ((359)) 305 ((453)) 385 ((562)) 478 ((661)) 562 ((762)) 648 ((866)) 736 ((1000)) 850 ((1107)) 941
Child related transportation ((359)) 305 ((453)) 385 ((562)) 478 ((661)) 562 ((762)) 648 ((866)) 736 ((1000)) 850 ((1107)) 941

(3) The assistance unit's CEAP payment is determined by computing the difference between the allowable amount of need, as determined under subsection (2) of this section, and the total of:

(a) The assistance unit's net income, as determined under subsection (1) of this section;

(b) Cash on hand, if not already counted as income; and

(c) The value of other nonexcluded resources available to the assistance unit.

(4) The assistance unit is not eligible for CEAP if the amount of income and resources, as determined in subsection (3) of this section, is equal to or exceeds its allowable amount of need.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.660. 09-14-040, 388-436-0050, filed 6/24/09, effective 7/25/09. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, and 74.08.090. 08-18-009, 388-436-0050, filed 8/22/08, effective 9/22/08; 98-16-044, 388-436-0050, filed 7/31/98, effective 9/1/98.]


AMENDATORY SECTION(Amending WSR 08-16-105, filed 8/5/08, effective 9/5/08)

WAC 388-478-0020   Payment standards for TANF, SFA, and RCA.   (1) The maximum monthly payment standards for temporary assistance for needy families (TANF), state family assistance (SFA), and refugee cash assistance (RCA) assistance units with obligations to pay shelter costs are:


Assistance Unit Size Payment Standard Assistance Unit Size Payment Standard
1 $((359)) 305 6 $((866)) 736
2 ((453)) 385 7 ((1,000)) 850
3 ((562)) 478 8 ((1,107)) 941
4 ((661)) 562 9 ((1,215)) 1,033
5 ((762)) 648 10 or more ((1,321)) 1,123

(2) The maximum monthly payment standards for TANF, SFA, and RCA assistance units with shelter provided at no cost are:


Assistance Unit Size Payment Standard Assistance Unit Size Payment Standard
1 $((218)) 185 6 $((526)) 447
2 ((276)) 235 7 ((608)) 517
3 ((341)) 290 8 ((673)) 572
4 ((402)) 342 9 ((739)) 628
5 ((464)) 394 10 or more ((803)) 683

[Statutory Authority: RCW 74.04.050, 74.04.055, and 2008 c 329 207 (1)(e). 08-16-105, 388-478-0020, filed 8/5/08, effective 9/5/08. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-478-0020, filed 7/31/98, effective 9/1/98. Formerly WAC 388-507-0710.]


AMENDATORY SECTION(Amending WSR 08-16-105, filed 8/5/08, effective 9/5/08)

WAC 388-478-0035   Maximum earned income limits for TANF, SFA and RCA.   To be eligible for temporary assistance for needy families (TANF), state family assistance (SFA), or refugee cash assistance (RCA), a family's gross earned income must be below the following levels:


Number of Family Members Maximum Earned Income Level Number of Family Members Maximum Monthly Earned Income Level
1 $((718)) 610 6 $((1,732)) 1,472
2 ((906)) 770 7 ((2,000)) 1,700
3 ((1,124)) 955 8 ((2,214)) 1,882
4 ((1,322)) 1,124 9 ((2,430)) 2,066
5 ((1,524)) 1,295 10 or more ((2,642)) 2,246

[Statutory Authority: RCW 74.04.050, 74.04.055, and 2008 c 329 207 (1)(e). 08-16-105, 388-478-0035, filed 8/5/08, effective 9/5/08. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-478-0035, filed 7/31/98, effective 9/1/98.]

Washington State Code Reviser's Office