Date of Adoption: October 23, 2000.

Purpose: To improve the clarity and readability of the rule as directed by the Governor's Executive Order 97-02.

Citation of Existing Rules Affected by this Order: Amending WAC 388-511-1130.

Statutory Authority for Adoption: RCW 74.04.050, 74.08.090.

Adopted under notice filed as WSR 00-17-083 on August 14, 2000.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: December 1, 2000.

October 23, 2000

Edith M. Rice, Chief

Office of Legal Affairs

The department ((shall)):

     (1) Considers client checks received in advance of the month ((the checks are normally received)) of normal receipt as income in the month of normal receipt;

     (2) Considers electronically transferred client funds available as income in the month of normal receipt, regardless of ((whether)) the date the banking institution posted the funds to the client's bank account ((before or after the month the funds are payable));

     (3) Includes as countable income to the client any earned or unearned income amounts withheld due to garnishment under a court, administrative or agency order.      See WAC 388-513-1380 (((4)))(7)(a) for garnishment ((affecting)) that affects an institutionalized client; and

     (4) Requires a client, as a condition of eligibility, ((require a client)) to take all necessary steps to obtain any ((annuities, pensions, retirement, and disability)) of the following benefits to which the client is entitled((,)) unless the client can show good cause for not doing so((.      Annuities, pensions, retirement, and disability benefits include, but are not limited to, veteran's compensation and pensions, OASDI benefits, railroad retirement benefits, and unemployment compensation)):

     (a) Annuity;

     (b) Pension;

     (c) Retirement;

     (d) Disability; and

     (e) Other benefits, including but not limited to:

     (i) Unemployment compensation;

     (ii) Veteran's compensation; or

     (iii) Old age survivor's disability insurance (OASDI).

[Statutory Authority: RCW 74.08.090, 74.05.040 and 20 CFR 416.1110-1112, 1123 and 1160.      97-10-022, § 388-511-1130, filed 4/28/97, effective 5/29/97.      Statutory Authority: RCW 74.08.090.      94-10-065 (Order 3732), § 388-511-1130, filed 5/3/94, effective 6/3/94.      Formerly WAC 388-92-034 (part).]

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