WSR 99-06-098

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed March 3, 1999, 11:05 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-03-040.

Title of Rule: WAC 388-450-0050 How are your cash assistance and food assistance benefits determined when you are participating in the community jobs program?

Purpose: Amends WAC 388-450-0050 to change the earned income incentive from 20% to 50%. Editorial changes to the WAC have been made to meet the requirements of Executive Order 97-02.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, and 74.08.090.

Statute Being Implemented: RCW 74.08A.230 and 74.08A.320.

Summary: Effective June 1, 1999 the earned income incentive will increase to 50% from 20% when determining countable income for community jobs participants.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Cindy Anderson, WorkFirst Division, Program Support Unit, Mailstop 45480, 1009 College Street S.E., Olympia, WA 98504, (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: Amends WAC 388-450-0050 to change the earned income incentive from 20% to 50%. Editorial changes to the WAC have been made to meet the requirements of Executive Order 97-02.

Proposal Changes the Following Existing Rules: Amends WAC 388-450-0050, see above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Does not have an economic impact on small businesses.

RCW 34.05.328 does not apply to this rule adoption. This does not meet the definition of a significant legislative rule.

Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on April 6, 1999, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Paige Wall by March 26, 1999, phone (360) 902-7540, TTY (360) 902-8324, e-mail pwall@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, Paige Wall, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 902-8292, by April 6, 1999.

Date of Intended Adoption: April 10, 1999.

February 24, 1999

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

2539.1
AMENDATORY SECTION(Amending WSR 98-16-044, filed 7/31/98, effective 9/1/98)

WAC 388-450-0050
((Income from)) How are your cash assistance and food assistance benefits determined when you are participating in the community jobs (CJ) program((.))?

((This section applies to the TANF/SFA program.))

(1) The department estimates your total monthly ((wage received by a TANF/SFA client who participates in the)) income from your community jobs (CJ) ((wage subsidy program is:

(a) Not counted as income for the first month of CJ participation; and

(b) Budgeted prospectively as defined in WAC 388-450-0215 beginning with the second month of CJ participation)) position based on the number of hours you, your case manager and the CJ contractor expect you to work for the month multiplied by the federal or state minimum wage, whichever is higher.

(2) ((The CJ participant's grant amount is computed by disregarding twenty percent of the expected income and treating the remainder as countable income)) Once the department determines what your total monthly income is expected to be the department will not redetermine your cash benefit amount even if you do not work the number of hours you were expected to work.

(3) ((CJ participants are not subject to monthly reporting or income reporting requirements)) The department considers the total income it expects you to get each month from your CJ position as:

(a) Earned income for determining your cash assistance benefits. Except for your first month of CJ participation, none of your expected CJ income will be used to determine your cash assistance benefit amount.

(b) Unearned income for determining your food assistance benefits.

(4) When ((a change in income or resources causes the assistance unit's grant amount to be less than ten dollars or results in ineligibility, a CJ participant's cash grant)) determining your benefits the department will use:

(a) ((Will be suspended following rules in WAC-388-450-0245;)) One-half of your CJ income for figuring cash assistance benefits.

(b) ((Will continue to be suspended until participation is redetermined according to WAC 388-310-1300(8); and

(c) Can be in suspense for no more than nine months)) All of your CJ income for figuring food assistance benefits.

(5) ((Each month a CJ participant's cash grant is suspended will count toward the assistance unit's sixty month lifetime time limit for receipt of TANF/SFA benefits)) Monthly reports are not required for CJ participants.

(6) If your anticipated CJ income is more than your grant amount:

(a) Your cash grant will be suspended, see WAC 388-450-0245(1). The grant suspension can be up to a maximum of nine months; and

(b) Each month your cash grant is suspended will count toward your assistance unit’s sixty month lifetime time limit, see WAC 388-484-0005.

(7) You, your case manager and the CJ contractor will review your CJ position every ninety days during your nine-month placement. During this review they will look at:

(a) Your continued TANF/SFA eligibility; and

(b) Any earned or unearned income received by you or another member of your assistance unit.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090.  98-16-044, 388-450-0050, filed 7/31/98, effective 9/1/98.]

Washington State Code Reviser's Office