WSR 02-09-061



( Economic Services Administration)

[ Filed April 15, 2002, 3:40 p.m. ]

Original Notice.

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

Title of Rule: WAC 388-450-0116 How does the department count my income if I cannot get assistance because I am an alien?

Purpose: This rule explains how we deem income from ineligible aliens.

Statutory Authority for Adoption: RCW 74.08.090 and 74.04.510.

Statute Being Implemented: RCW 74.08.090 and 74.04.510.

Summary: This rule is being modified to reflect the new federal regulations that require refugee cash assistance to use the same rules as temporary assistance to needy families (TANF).

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Veronica Barnes, DEAP, 1009 College Street S.E., Lacey, WA, (360) 413-3071.

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

Rule is necessary because of federal law, 45 C.F.R 400.65, 400.66, 400.67, 400.68, 400.69.

Explanation of Rule, its Purpose, and Anticipated Effects: The department will now use the same income calculations for refugee cash assistance as it does for TANF.

Proposal Changes the Following Existing Rules: WAC 388-450-0116 now allows a 50% disregard from the earnings of the ineligible alien. The amended rule adds new conditions.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposed rule does not have an economic impact on small businesses. It only affects DSHS clients.

RCW 34.05.328 does not apply to this rule adoption. This rule does not fit the definition of a significant legislative rule per RCW 34.05.328 (5)(b)(vii).

Hearing Location: Office Building 2 Auditorium (DSHS Headquarters) (parking on 12th off Jefferson), 1115 Washington, Olympia, WA 98504, on May 21, 2002, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by May 17, 2002, phone (360) 664-6094, TTY (360) 664-6178, e-mail

Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, e-mail, by 5:00 p.m., May 21, 2002.

Date of Intended Adoption: No earlier than May 22, 2002.

April 11, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

AMENDATORY SECTION(Amending WSR 99-16-024, filed 7/26/99, effective 9/1/99)

WAC 388-450-0116   ((Allocating)) How does the department count my income ((of a financially responsible person excluded from the)) if I cannot get assistance ((unit)) because ((of their)) I am an 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))) Some people cannot get assistance because they do not meet the alien requirements described in WAC 388-424-0005. If you do not meet those requirements but you are financially responsible for someone in the assistance unit, we count some of your income as part of the assistance unit's income. To figure out how much we count, we take the following seven steps:

(1) We start by only counting fifty percent of your earned income, as described in WAC 388-450-0030.

(2) We add all of your unearned income, as described in WAC 388-450-0025.

(3) We subtract the difference between the following payment standards:

(a) One that includes both eligible assistance unit members and those who cannot get assistance because of their alien status; and

(b) One that includes only the eligible assistance unit members.

(4) We subtract the payment standard ((amount equal to)) for the number of people who are ineligible ((persons)) for reasons other than alien status, as defined in WAC 388-450-0100 (4)(b) through (f)((;

(4) An amount not to exceed the need standard, as defined in WAC 388-478-0015, for)).

(5) We subtract any court or administratively ordered ((current or back)) child support ((paid)) you pay for legal dependents((; and

(5) The)).

(6) We subtract any employment-related ((child care)) childcare expenses ((for which the household is liable)) you have.

(7) Then, we count whatever is left as unearned income.

[Statutory Authority: RCW 74.08.090 and 74.04.510. 99-16-024, 388-450-0116, filed 7/26/99, effective 9/1/99. Statutory Authority: RCW 74.04.005 and 74.08.090. 98-24-037, 388-450-0116, filed 11/24/98, effective 12/25/98.]

Washington State Code Reviser's Office