WSR 00-06-023

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

(Division of Assistance Programs)

[ Filed February 23, 2000, 3:32 p.m. ]

Date of Adoption: February 23, 2000.

Purpose: Amend WAC 388-450-0015 to allow income earned as a temporary employee of the United States Census Bureau to be excluded for all cash, medical, and food assistance programs.

Citation of Existing Rules Affected by this Order: Amending WAC 388-450-0015 Excluded and disregarded income.

Statutory Authority for Adoption: RCW 74.08.090 and 74.04.510.

Other Authority: USDA Memo FS-6-1-HI.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: The United States census is an integral part of ensuring that residents of the state of Washington are adequately represented in the federal government. The population as measured by the United States Census Bureau determines the allotment of many federal funds received by the state. In order to ensure accurate representation and maximize federal funds received by the state, it is critical that the census bureau has adequate staffing.

Food and Nutrition Services has indicated that food stamp participation rates have been dropping and they are concerned with the food security of persons eligible for benefits. FNS has agreed to allow the exclusion of income for temporary employees of the United States Census Bureau for the duration of Census 2000. In the interest of program simplification, encouraging clients to obtain transferable job skills, and maximizing the federal funds available to residents of the state, the department has elected to exclude this income for all cash, medical and food assistance programs. As Food and Nutrition Services had just informed the state of their willingness to exclude this income, the department is not able to both observe the time requirements of notice and opportunity to comment upon adoption of a rule and serve the public interest.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0. Effective Date of Rule: Immediately.

February 23, 2000

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

2708.1
AMENDATORY SECTION(Amending WSR 99-17-025, filed 8/10/99, effective 10/1/99)

WAC 388-450-0015
Excluded and disregarded income.

This section applies to TANF/SFA, RCA, GA, TANF/SFA-related medical and food assistance programs.

(1) Excluded income is income that is not counted when determining a client's eligibility and benefit level. Types of excluded income include but are not limited to:

(a) Bona fide loans as defined in WAC 388-470-0025, except certain student loans as specified under WAC 388-450-0035.

(b) Federal earned income tax credit (EITC) payments;

(c) Title IV-E and state foster care maintenance payments if the foster child is not included in the assistance unit;

(d) Energy assistance payments;

(e) Educational assistance as specified in WAC 388-450-0035;

(f) Native American benefits and payments as specified in WAC 388-450-0040;

(g) Income from employment and training programs as specified in WAC 388-450-0045;

(h) Money withheld from a client's benefit to repay an overpayment from the same income source. For food assistance, this exclusion does not apply when the money is withheld to recover an intentional noncompliance overpayment from a federal, state, or local means tested program such as TANF/SFA, GA, and SSI; ((and))

(i) Child support payments received by TANF/SFA recipients; and

(j) Income earned from the U.S. Census Bureau as a temporary employee between February 1, 2000 and December 31, 2000.

(2) For food assistance programs, the following income types are excluded:

(a) Emergency additional requirements authorized to TANF/SFA and RCA clients under WAC 388-436-0001 and paid directly to a third party;

(b) Cash donations based on need received directly by the household if the donations are:

(i) Made by one or more private, nonprofit, charitable organizations; and

(ii) Do not exceed three hundred dollars in any federal fiscal year quarter.

(c) Infrequent or irregular income, received during a three-month period by a prospectively budgeted assistance unit, that:

(i) Cannot be reasonably anticipated as available; and

(ii) Does not exceed thirty dollars for all household members.

(3) All income that is not excluded is considered to be part of an assistance unit's gross income.

(4) For food assistance households not containing an elderly or disabled member, the assistance unit is ineligible if its gross income exceeds one hundred thirty percent of the federal poverty level as specified in WAC 388-478-0060.

(5) Disregarded income is income that is counted when determining an assistance unit's gross income but is not used when determining an assistance unit's countable income. Types of disregarded income include but are not limited to:

(a) Earned income incentives and disregards for cash assistance; and

(b) Earned income disregard and income deductions for food assistance.

[Statutory Authority: RCW 74.08.090 and 74.04.510. 99-17-025, 388-450-0015, filed 8/10/99, effective 10/1/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-450-0015, filed 7/31/98, effective 9/1/98. Formerly WAC 388-505-0590.]

Washington State Code Reviser's Office