WSR 11-21-025

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed October 11, 2011, 11:20 a.m. , effective October 29, 2011 ]


Effective Date of Rule: October 29, 2011.

Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: These rules become permanent effective October 29, 2011, which is less than thirty-one days after filing. RCW 34.05.380 (3)(a) states that a rule may become effective on an earlier date if the action is required by state or federal constitution, a statute or court order. The current emergency rule (WSR 11-14-078) that allows the department to disregard federal income tax refunds received after December 31, 2009, as income in the month received and as a resource for twelve months expires October 28, 2011. Without this rule, the department will not be able to disregard federal income tax refunds when determining eligibility for any program that is funded in whole or in part with federal funds. This will result in the department [being] out of compliance with federal requirements.

These changes are necessary to comply with "The Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010" announcement dated December 17, 2010, and in response to the United States Department of Health and Human Services instructions dated January 20, 2011, and the United States Department of Agriculture Food and Nutrition Services memo dated February 1, 2011, mandating the exclusion of income tax refunds from consideration as income in the month received and as a resource for twelve months in any program that is funded in whole or part with federal funds.

Purpose: The department is amending WAC 388-450-0015, 388-455-0005, 388-470-0045, 388-470-0055, 388-475-0550 and 388-475-0860, in order to disregard federal income tax refunds received after December 31, 2009, as income in the month received and as a resource for twelve months when determining eligibility for any program that is funded in whole or in part with federal funds.

Citation of Existing Rules Affected by this Order: Amending WAC 388-450-0015, 388-455-0005, 388-470-0045, 388-470-0055, 388-475-0550, and 388-475-0860.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and chapter 74.12 RCW.

Other Authority: "The Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010" announcement dated December 17, 2010.

Adopted under notice filed as WSR 11-16-100 on August 3, 2011.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 6, 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 6, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 6, 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 0, Repealed 0.

Date Adopted: October 6, 2011.

Katherine I. Vasquez

Rules Coordinator

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 11-22 issue of the Register.

Washington State Code Reviser's Office