WSR 14-22-078
PERMANENT RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
[Filed November 3, 2014, 12:14 p.m., effective December 4, 2014]
Effective Date of Rule: Thirty-one days after filing.
Purpose: This department is amending this rule to remove obsolete information that state-funded work study can be categorized under Title IV Higher Education (HEA) or Bureau of Indian Affairs (BIA) sources. The change does not impact cash assistance programs.
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)).
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Formerly, the comingling of federal Title IV funds from LEAP and SLEAP with SWS funding exempted student earnings from welfare benefit income control calculations.
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With the elimination of LEAP and SLEAP, SWS earnings no longer can be classified as Title IV and will now be counted as income for Basic Food for SWS students in this category.
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Income from SWS will remain exempt for cash assistance eligibility.
Citation of Existing Rules Affected by this Order: Amending WAC 388-450-0035.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 74.08.090.
Other Authority: 7 C.F.R. 273.9(c).
Adopted under notice filed as WSR 14-17-127 on August 20, 2014.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: October 30, 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.
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.