WSR 98-19-126
EXPEDITED ADOPTION
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
[Filed September 23, 1998, 10:27 a.m.]
Title of Rule: WAC 388-450-0106 Allocating the income of a financially responsible person included in the assistance unit to household members excluded because of their alien status, and 388-450-0116 Allocating the income of a financially responsible person excluded from the assistance unit because of their alien status.
Purpose: WAC 388-450-0106 and 388-450-0116 are added to incorporate the method of allocating income of a financially responsible person included in the assistance unit to meet the needs of ineligible alien household members and the method of allocating income of a financially responsible person excluded from the cash assistance unit because of their alien status. The proposed rules are the result of negotiation with the state legislature and Columbia Legal Services to create rules that would ensure equal treatment for households consisting entirely of United States citizens and/or resident aliens and those households which include undocumented aliens.
Statutory Authority for Adoption: RCW 74.04.005, 74.08.090.
Statute Being Implemented: RCW 74.04.005, 74.08.090.
Summary: WAC 388-450-0106 and 388-450-0116 are added to incorporate the method of allocating income of a financially responsible person included in the assistance unit to meet the needs of ineligible alien household members and the method of allocating income of a financially responsible person excluded from the assistance unit because of their alien status. Allocation methods currently used create a financial advantage for households which include undocumented aliens when compared to households consisting entirely of United States citizens and/or resident aliens. The new rules will eliminate this financial advantage and ensure equal treatment for all households. The proposed rules are the result of negotiation with the state legislature and Columbia Legal Services to create rules that would ensure equal treatment for households consisting entirely of United States citizens and/or resident aliens and those households which include undocumented aliens.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Cindy Anderson, WorkFirst Division, (360) 413-3095.
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 388-450-0106 and 388-450-0116 are added to incorporate the method of allocating income of a financially responsible person included in the assistance unit to meet the needs of ineligible alien household members and the method of allocating income of a financially responsible person excluded from the assistance unit because of their alien status. Allocation methods currently used create a financial advantage for households which include undocumented aliens when compared to households consisting entirely of United States citizens and/or resident aliens. The new rules will eliminate this financial advantage and ensure equal treatment for all households.
Proposal does not change existing rules.
NOTICE
THIS RULE IS BEING PROPOSED TO BE ADOPTED USING AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS RULE BEING ADOPTED USING THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Paige Wall, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, AND RECEIVED BY November 23, 1998.
September 23, 1998
Marie Myerchin-Redifer, Manager
Rules and Policies Assistance Unit
SHS-2483.1
NEW SECTION
WAC 388-450-0106 Allocating the income of a financially responsible person included in the assistance unit to household members excluded because of their alien status. This section applies to TANF/SFA, RCA, RMA and TANF/SFA-related medical programs.
When a financially responsible person, as defined in WAC 388-450-0100(3), is included in the assistance unit, that person's income is allocated to household members who are excluded from the assistance unit because of their alien status, as defined in WAC 388-450-0100 (4)(a), after allowing the following deductions:
(1) The fifty percent earned income incentive for TANF/SFA assistance units or the ninety dollar work expense deduction for RCA assistance units, if the income is earned;
(2) An amount equal to the difference between the payment standards:
(a) That would include the eligible assistance unit members and those individuals excluded from the assistance unit because of their alien status; and
(b) Only the eligible assistance unit members.
(3) The payment standard amount equal to the number of ineligible persons, as defined in WAC 388-450-0100 (4)(b) through (h);
(4) An amount not to exceed the need standard, as defined in WAC 388-478-0015, for court or administratively ordered current or back support paid for legal dependents; and
(5) The employment related child care expenses for which the household is liable.
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NEW SECTION
WAC 388-450-0116 Allocating the income of a financially responsible person excluded from the assistance unit because of their alien status. This section applies to TANF/SFA and RCA programs.
When a financially responsible person, as defined in WAC 388-450-0100(3), is excluded from the assistance unit because of their alien status, as defined in WAC 388-450-0100 (4)(a), that person's income, after allowing the following deductions, is countable income available to the assistance unit:
(1) The fifty percent earned income incentive for TANF/SFA assistance units or the ninety dollar work expense deduction for RCA assistance units, if the income is earned;
(2) An amount equal to the difference between the payment standards:
(a) That would include the eligible assistance unit members and those individuals excluded from the assistance unit because of their alien status; and
(b) Only the eligible assistance unit members.
(3) The payment standard amount equal to the number of ineligible persons, as defined in WAC 388-450-0100 (4)(b) through (h);
(4) An amount not to exceed the need standard, as defined in WAC 388-478-0015, for court or administratively ordered current or back support paid for legal dependents; and
(5) The employment related child care expenses for which the household is liable.
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