BILL REQ. #: S-3969.1
State of Washington | 62nd Legislature | 2012 Regular Session |
Read first time 01/24/12. Referred to Committee on Human Services & Corrections.
AN ACT Relating to determination of income and resources for the purposes of eligibility for public assistance; and reenacting and amending RCW 74.04.005.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 74.04.005 and 2011 1st sp.s. c 36 s 8 and 2011 1st
sp.s. c 15 s 61 are each reenacted and amended to read as follows:
For the purposes of this title, unless the context indicates
otherwise, the following definitions shall apply:
(1) "Aged, blind, or disabled assistance program" means the program
established under RCW 74.62.030.
(2) "Applicant" means any person who has made a request, or on
behalf of whom a request has been made, to any county or local office
for assistance.
(3) "Authority" means the health care authority.
(4) "County or local office" means the administrative office for
one or more counties or designated service areas.
(5) "Department" means the department of social and health
services.
(6) "Director" means the director of the health care authority.
(7) "Essential needs and housing support program" means the program
established in RCW 43.185C.220.
(8) "Federal aid assistance" means the specific categories of
assistance for which provision is made in any federal law existing or
hereafter passed by which payments are made from the federal government
to the state in aid or in respect to payment by the state for public
assistance rendered to any category of needy persons for which
provision for federal funds or aid may from time to time be made, or a
federally administered needs-based program.
(9) "Income" means:
(a) All appreciable gains in real or personal property (cash or
kind) or other assets, which are received by or become available for
use and enjoyment by an applicant or recipient during the month of
application or after applying for or receiving public assistance.
Assets of a business owned or controlled, in whole or in part, by the
applicant or recipient and from which the applicant or recipient
receives a salary is considered income for the purposes of this
chapter. The department may by rule and regulation exempt income
received by an applicant for or recipient of public assistance which
can be used by him or her to decrease his or her need for public
assistance or to aid in rehabilitating him or her or his or her
dependents, but such exemption shall not, unless otherwise provided in
this title, exceed the exemptions of resources granted under this
chapter to an applicant for public assistance. In addition, for cash
assistance the department may disregard income pursuant to RCW
74.08A.230 and 74.12.350.
(b) If, under applicable federal requirements, the state has the
option of considering property in the form of lump sum compensatory
awards or related settlements received by an applicant or recipient as
income or as a resource, the department shall consider such property to
be a resource.
(10) "Need" means the difference between the applicant's or
recipient's standards of assistance for himself or herself and the
dependent members of his or her family, as measured by the standards of
the department, and value of all nonexempt resources and nonexempt
income received by or available to the applicant or recipient and the
dependent members of his or her family.
(11) "Public assistance" or "assistance" means public aid to
persons in need thereof for any cause, including services, medical
care, assistance grants, disbursing orders, work relief, benefits under
RCW 74.62.030 and 43.185C.220, and federal aid assistance.
(12) "Recipient" means any person receiving assistance and in
addition those dependents whose needs are included in the recipient's
assistance.
(13) "Resource" means any asset, tangible or intangible, including
ownership in a business, whether that business is a partnership,
limited liability company, or corporation, owned by ((or)), available
to, or whose assets may be available to, the applicant at the time of
application, which can be applied toward meeting the applicant's need,
either directly or by conversion into money or its equivalent. The
department may by rule designate resources that an applicant may retain
and not be ineligible for public assistance because of such resources.
Exempt resources shall include, but are not limited to:
(a) A home that an applicant, recipient, or their dependents is
living in, including the surrounding property;
(b) Household furnishings and personal effects;
(c) A motor vehicle, other than a motor home, used and useful
having an equity value not to exceed five thousand dollars;
(d) A motor vehicle necessary to transport a household member with
a physical disability. This exclusion is limited to one vehicle per
person with a physical disability;
(e) All other resources, including any excess of values exempted,
not to exceed one thousand dollars or other limit as set by the
department, to be consistent with limitations on resources and
exemptions necessary for federal aid assistance. The department shall
also allow recipients of temporary assistance for needy families to
exempt savings accounts with combined balances of up to an additional
three thousand dollars;
(f) Applicants for or recipients of benefits under RCW 74.62.030
and 43.185C.220 shall have their eligibility based on resource
limitations consistent with the temporary assistance for needy families
program rules adopted by the department; and
(g) If an applicant for or recipient of public assistance possesses
property and belongings in excess of the ceiling value, such value
shall be used in determining the need of the applicant or recipient,
except that: (i) The department may exempt resources or income when
the income and resources are determined necessary to the applicant's or
recipient's restoration to independence, to decrease the need for
public assistance, or to aid in rehabilitating the applicant or
recipient or a dependent of the applicant or recipient; and (ii) the
department may provide grant assistance for a period not to exceed nine
months from the date the agreement is signed pursuant to this section
to persons who are otherwise ineligible because of excess real property
owned by such persons when they are making a good faith effort to
dispose of that property if:
(A) The applicant or recipient signs an agreement to repay the
lesser of the amount of aid received or the net proceeds of such sale;
(B) If the owner of the excess property ceases to make good faith
efforts to sell the property, the entire amount of assistance may
become an overpayment and a debt due the state and may be recovered
pursuant to RCW 43.20B.630;
(C) Applicants and recipients are advised of their right to a fair
hearing and afforded the opportunity to challenge a decision that good
faith efforts to sell have ceased, prior to assessment of an
overpayment under this section; and
(D) At the time assistance is authorized, the department files a
lien without a sum certain on the specific property.
(14) "Secretary" means the secretary of social and health services.
(15) "Standards of assistance" means the level of income required
by an applicant or recipient to maintain a level of living specified by
the department.
(16) For purposes of determining eligibility for public assistance
and participation levels in the cost of medical care, the department
shall exempt restitution payments made to people of Japanese and Aleut
ancestry pursuant to the Civil Liberties Act of 1988 and the Aleutian
and Pribilof Island Restitution Act passed by congress, P.L. 100-383,
including all income and resources derived therefrom.
(17) In the construction of words and phrases used in this title,
the singular number shall include the plural, the masculine gender
shall include both the feminine and neuter genders, and the present
tense shall include the past and future tenses, unless the context
thereof shall clearly indicate to the contrary.