WSR 20-09-095
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
[Filed April 15, 2020, 2:43 p.m.]
Continuance of WSR 20-08-102.
Preproposal statement of inquiry was filed as WSR 19-22-070.
Title of Rule and Other Identifying Information: The department is proposing amendments to WAC 388-493-0010 Working family support.
Hearing Location(s): On May 26, 2020, at 10:00 a.m., at Office Building 2, Department of Social and Health Services (DSHS) Headquarters, 1115 Washington Street S.E., Olympia, WA 98504. Public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/office-of-the-secretary/driving-directions-office-bldg-2.
Date of Intended Adoption: Not earlier than May 27, 2020.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, fax 360-664-6185, by 5:00 p.m., May 26, 2020.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, phone 360-664-6092, fax 360-664-6185, TTY 711 relay service, email Kildaja@dshs.wa.gov, by May 12, 2020.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed amendments extend the working family support program through June 30, 2021.
This notice is to announce a change in the previously scheduled public hearing on this proposed rule making, from May 5, 2020, to May 26, 2020. The previously scheduled public hearing on May 5, 2020, will not be held, and the public hearing for this proposed rule making is rescheduled to May 26, 2020. This notice also extends the written comment deadline to 5:00 p.m. on May 26, 2020.
Reasons Supporting Proposal: Proposed amendments reflect that the working family support program continues to be funded based on the 2019-2021 operating budget.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DSHS, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Jake Deskins, P.O. Box 45470, Olympia, WA 98504-5770, 360-725-4639.
A school district fiscal impact statement is not required under RCW
28A.305.135.
A cost-benefit analysis is not required under RCW
34.05.328. This amendment is 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."
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Explanation of exemptions: The proposed rules do not affect small businesses. They only affect DSHS clients.
April 15, 2020
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION(Amending WSR 17-23-050, filed 11/9/17, effective 12/10/17)
WAC 388-493-0010Working family support.
(1) What is the working family support (WFS) program?
The working family support program is administered by the department of social and health services (department) and provides an additional monthly food benefit from May 2016 through June 30, ((2019))2021 to low income families who meet specific criteria. Continuance of the program beyond June 30, ((2019))2021 is contingent on specific legislative funding for the working family support program.
(2) The following definitions apply to this program:
(a) "Co-parent" means another adult in your home who is related to your qualifying child through birth or adoption.
(b) "Qualifying child" means a child under the age of eighteen who is:
(i) Your child through birth or adoption; or
(ii) Your step-child.
(c) "Work" means subsidized or unsubsidized employment or self-employment. To determine self-employment hours, we divide your net self-employment income by the federal minimum wage.
(3) Who is eligible for the working family support program?
You may be eligible for working family support food assistance if you meet all of the following:
(a) You receive food assistance through basic food, food assistance program for legal immigrants (FAP), or transitional food assistance (TFA);
(b) Receipt of working family support food assistance would not cause your countable food assistance income to exceed the two hundred percent federal poverty level (FPL);
(c) No one in your food assistance unit receives temporary assistance for needy families (TANF) or state family assistance (SFA);
(d) A qualifying child lives in your home;
(e) You, your spouse, or co-parent work a minimum of thirty-five hours a week, and if you live with your spouse or co-parent, you must be in the same assistance unit;
(f) You provide proof of the number of hours worked; and
(g) You reside in Washington state as required under WAC 388-468-0005.
(4) How may I apply for working family support?
(a) The department will review your eligibility for the working family support program:
(i) When you apply for food assistance, or
(ii) At the time of your food assistance eligibility review.
(b) You may request the working family support benefit in person, in writing, or by phone at any time.
(5) How long may I receive working family support?
(a) You may recertify up to an additional six months for working family support if you meet the criteria listed in subsection (3) of this section and provide current proof that you, your spouse, or co-parent works a minimum of thirty-five hours a week.
(b) Working family support certification ends when:
(i) You complete either a certification or mid-certification review for food assistance under WAC 388-434-0010 or 388-418-0011, and you do not provide proof of the number of hours that you, your spouse, or your co-parent work;
(ii) You no longer receive basic food, FAP, or TFA;
(iii) You receive TANF or SFA;
(iv) You do not have a qualifying child in your home;
(v) You, your spouse, or co-parent no longer work a minimum of thirty-five hours a week; or
(vi) You are no longer a resident of Washington state.
(6) What benefits will I receive if I am eligible for the working family support program?
(a) The assistance unit will receive a separate ten dollars monthly food assistance benefit each month.
(b) Working family support benefits are not prorated.
(7) Enrollment in the working family support program is limited to ten thousand households per month.