WSR 15-24-013 EMERGENCY RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Economic Services Administration) [Filed November 19, 2015, 9:04 a.m., effective November 20, 2015] Effective Date of Rule: November 20, 2015.
Purpose: The DSHS division of child support (DCS) files this second CR-103E, Rule-making order, to adopt an emergency rule amending WAC 388-14A-4200 Do I get credit for dependent disability payments paid on my behalf to my children?, in order to implement SB 5793 (chapter 124, Laws of 2015), which took effect on July 24, 2015. DCS adopted an emergency rule with [an] effective date of July 24, 2015, under WSR 15-16-004; that emergency rule expires on November 20, 2015. This second emergency rule is necessary to maintain the status quo because the final rule cannot be made effective within the time of one emergency rule. At the same time, DCS is filing a CR-102, Notice of proposed rule making, as the next step in the regular rule-making process to permanently amend WAC 388-14A-4200. DCS believes that the regular rule-making process can be completed within the span of this second emergency filing.
Citation of Existing Rules Affected by this Order: WAC 388-14A-4200.
Statutory Authority for Adoption: Implementation of SB 5793 (chapter 124, Laws of 2015), which takes effect on July 24, 2015, is authorized under RCW 26.23.030(3), 34.05.220 (1)(a), 34.05.322, 34.05.350 (1)(b), and 74.08.090.
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; and that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.
Reasons for this Finding: SB 5793 (chapter 124, Laws of 2015), which took effect on July 24, 2015, but is not yet codified, amended RCW 26.18.190 to add a new subsection (3) providing as follows:
"(3) When the veterans' administration apportions a veteran's benefits to pay child support on behalf of or on account of the child or children of the veteran, the amount paid for the child or children shall be treated for all purposes as if the veteran paid the benefits toward the satisfaction of that person's child support obligation for that period for which benefits are paid."
In order to implement SB 5793, DCS must amend WAC 388-14A-4200 Do I get credit for dependent disability payments paid on my behalf to my children?, to include credit for these benefits paid by the United States Department of Veterans Affairs (the new name of the agency formerly known as the veterans' administration).
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 1, 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: November 17, 2015.
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 11-14-065, filed 6/30/11, effective 7/31/11)
WAC 388-14A-4200 Do I get credit for dependent disability payments paid on my behalf to my children?
(1) When the department of labor and industries or a self-insurer pays compensation under chapter 51.32 RCW on behalf of or on account of the child or children of a noncustodial parent (NCP), the division of child support (DCS) treats the amount of compensation the department or self-insurer pays on behalf of the child or children as if the NCP paid the compensation toward the NCP's child support obligations.
(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) When the veterans' administration (now known as the U.S. Department of Veterans Affairs) apportions a veteran's benefits to pay child support on behalf of or on account of the child or children of the veteran, DCS treats the amount of benefits paid for the child or children for all purposes as if the veteran paid the benefits toward the satisfaction of that person's child support obligation for the period for which benefits are paid.
(4) Under no circumstances does the NCP have a right to reimbursement of any compensation paid under subsection (1), ((or)) (2), or (3) of this section.
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