WSR 97-09-108

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

(Public Assistance)

[Filed April 23, 1997, 11:35 a.m.]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: WAC 388-215-1375 Deprivation--Unemployment--Defined.

Purpose: The 1994 legislature enacted RCW 74.12.036 requiring the department to eliminate the one-hundred-hour work rule for recipients of aid to families with dependent children-employable (AFDC-E). Due to federal AFDC requirements, the department was only able to suspend the one-hundred-hour rule for recipients for up to eighteen months. Public Law 104-193 replaced the AFDC program with temporary assistance for needy families (TANF), which allows states to establish their own eligibility rules. The rule change fulfills the statutory requirement of RCW 74.12.036.

Statutory Authority for Adoption: RCW 74.08.090.

Statute Being Implemented: RCW 74.12.036.

Summary: As required by RCW 74.12.036, the department must eliminate the one-hundred-hour work rule for recipients of TANF unemployed parent program.

Reasons Supporting Proposal: (1) It is mandated by state law. (2) under the current rule, recipients are allowed to work over one hundred hours, but only for eighteen months. This rule change removes the time limit. (3) This rule change improves the chances of recipients achieving self-sufficiency by allowing the qualifying parent to work over one hundred hours per month and still maintain their program eligibility.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Kevin Sullivan, WorkFirst Division, (360) 413-3093.

Name of Proponent: Department of Social and Health Services, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: WAC 388-215-1375 Deprivation--Unemployment--Defined, redefines unemployment for recipient qualifying parents under the TANF unemployed parent program, allowing them to work one hundred hours or more per month and still be considered unemployed for the purposes of program eligibility.

Proposal Changes the Following Existing Rules: The previous rule allowed recipient qualifying parents to work one hundred hours or more for up to eighteen consecutive months. This rule eliminates the eighteen month time restriction.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule change does not impact small businesses. It only affects applicants and recipients of temporary assistance for needy families.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Section 201 (RCW 34.05.328) does not apply to the Department of Social and Health Services.

Hearing Location: Lacey Government Center (behind Tokyo Bento restaurant), 1009 College Street S.E., Room 104-A, Lacey, WA 98503, on May 27, 1997, at 10:00.

Assistance for Persons with Disabilities: Contact Leslie Baldwin by May 13, 1997, (360) 902-7540 or TTY (360) 902-8324.

Submit Written Comments to: Leslie Baldwin, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, FAX (360) 902-8292, by May 27, 1997.

Date of Intended Adoption: No sooner than May 28, 1997.

April 23, 1997

Merry A. Kogut, Manager

Rules and Policies Assistance Unit

AMENDATORY SECTION (Amending WSR 96-23-021, filed 11/12/96, effective 12/13/96)

WAC 388-215-1375 Deprivation--Unemployment--Defined. The department shall consider the qualifying parent to be unemployed when the qualifying parent is:

(1) A recipient; or

(2) An applicant who is:

(a) Employed less than one hundred hours a month; or

(((2) Is)) (b) Employed one hundred hours or more for a particular month if((:

(a))) the qualifying parent:

(i) Was employed less than one hundred hours for each of the two previous months; and

(((b))) (ii) Is expected to be employed less than one hundred hours during the next month((; or

(3) Is a recipient who works one hundred hours or more a month for up to eighteen consecutive months; or

(4) Participates in institutional and work experience training under the jobs program and is not otherwise employed over one hundred hours)).

[Statutory Authority: RCW 74.08.090 and 74.12.036. 96-23-021, 388-215-1375, filed 11/12/96, effective 12/13/96. Statutory Authority: RCW 74.08.090. 94-10-065 (Order 3732), 388-215-1375, filed 5/3/94, effective 6/3/94. Formerly WAC 388-24-074 (part).]

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