WSR 14-17-127 PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
[Filed August 20, 2014, 10:15 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-09-110.
Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-450-0035 Educational benefits.
Hearing Location(s): Office Building 2, Lookout Room, 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), on September 23, 2014, at 10:00 a.m.
Date of Intended Adoption: Not earlier than September 24, 2014.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., September 23, 2014.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, by September 9, 2014, TTY (360) 664-6178 or (360) 664-6092 or by e-mail Kildaja@dshs.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This department is proposing to amend the rule to remove obsolete information that state-funded work study can be categorized under Title IV Higher Education or Bureau of Indian Affairs sources. The proposed change does not impact cash assistance programs.
Proposed changes are not expected to impact eligibility and benefits for the Washington Basic Food program and the state-funded food assistance program (FAP) for legal immigrants as these rules and procedures are already in effect and being applied to Basic Food eligibility decisions. Under RCW 74.08A.120, rules for FAP shall follow exactly the rules of the federal food stamp program except for the provisions pertaining to immigrant status.
Reasons Supporting Proposal: The state work study (SWS) 2012-2013 program manual contains information about changes in funding sources for SWS. The federal government eliminated Title IV funding for two federal education assistance programs (special leveraging educational assistance partnership (SLEAP) and the leveraging educational assistance partnership (LEAP)).
Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 74.08.090.
Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 74.08.090, 7 C.F.R. 273.2(j).
Rule is necessary because of federal law, 7 C.F.R. 273.2(j).
Name of Proponent: DSHS, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Robert Thibodeau, 712 Pear Street S.E., Olympia, WA 98504, (360) 725-4634.
No small business economic impact statement has been prepared under chapter 19.85 RCW. These proposed rules do not have an economic impact on small businesses. The proposed amendment only affects certain households with students served by DSHS who receive food assistance under Basic Food and receive education assistance income from an SWS program.
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."
August 14, 2014
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 13-18-007, filed 8/22/13, effective 10/1/13)
WAC 388-450-0035 Educational benefits.
This section applies to cash assistance and food assistance.
(1) We do not count:
(a) Educational assistance in the form of grants, loans or work study, issued from Title IV of the Higher Education Amendments (Title IV - HEA) and Bureau of Indian Affairs (BIA) education assistance programs. Examples of Title IV - HEA and BIA educational assistance include but are not limited to:
(i) ((College work study (federal and state);
(ii))) Pell grants; and
(((iii))) (ii) BIA higher education grants.
(b) Educational assistance in the form of grants, loans or work-study made available under any program administered by the Department of Education (DOE) to an undergraduate student. Examples of programs administered by DOE include, but are not limited to:
(i) Christa McAuliffe Fellowship Program;
(ii) Jacob K. Javits Fellowship Program; and
(iii) Library Career Training Program.
(2) For assistance in the form of grants, loans or work-study under the Carl D. Perkins Vocational and Applied Technology Education Act, P.L. 101-392:
(a) If you are attending school half-time or more, we subtract the following expenses:
(i) Tuition;
(ii) Fees;
(iii) Costs for purchase or rental of equipment, materials, or supplies required of all students in the same course of study;
(iv) Books;
(v) Supplies;
(vi) Transportation;
(vii) Dependent care; and
(viii) Miscellaneous personal expenses.
(b) If you are attending school less than half-time, we subtract the following expenses:
(i) Tuition;
(ii) Fees; and
(iii) Costs for purchase or rental of equipment, materials, or supplies required of all students in the same course of study.
(c) For cash assistance, we also subtract the difference between the appropriate need standard and payment standard for your family size.
(d) Any remaining income is unearned income and budgeted using the appropriate budgeting method for the assistance unit.
(3) If you are participating in WorkFirst work study or state-funded college work study, that work study income is:
(a) Not counted for cash assistance;
(b) Counted as earned income for food assistance.
(4) If you are participating in a work study program that is not excluded in subsection (1), or for cash assistance, under subsection (3) of this section, we count that work study income as earned income:
(a) You get any applicable earned income disregards;
(b) For cash assistance, we also subtract the difference between the need standard and payment standard for your family size as described in chapter 388-478 WAC; and
(c) Budgeting remaining income using the appropriate budgeting method for the assistance unit.
(5) If you get Veteran's Administration Educational Assistance:
(a) All applicable attendance costs ((as)) is subtracted; and
(b) The remaining unearned income is budgeted using the appropriate budgeting method for the assistance unit.
| ||||||