WSR 02-09-062

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
( Economic Services Administration)

[ Filed April 15, 2002, 3:41 p.m. ]

Original Notice.

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

Title of Rule: WAC 388-450-0015 What types of income are not used when figuring out my benefits? and 388-450-0055 How does money from other agencies or organizations count against my benefits?

Purpose: These rules describe how we treat certain types of income.

Statutory Authority for Adoption: RCW 74.08.090 and 74.04.510.

Statute Being Implemented: RCW 74.08.090 and 74.04.510.

Summary: These rules are being modified to reflect the new federal regulations that require us to exclude payments from the Department of State or Department of Justice Reception and Replacement Programs.

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 exclude payments from the Department of State or Department of Justice Reception and Replacement Programs, such as volunteer agency (VOLAG) payments.

Proposal Changes the Following Existing Rules: WAC 388-450-0015 now includes VOLAG payments as a type of income that is excluded.

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 the Department of Social and Health Services' 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 fernaax@dshs.wa.gov.

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 fernaax@dshs.wa.gov, 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

3072.1
AMENDATORY SECTION(Amending WSR 01-18-006, filed 8/22/01, effective 9/22/01)

WAC 388-450-0015   ((Excluded and disregarded income.)) What types of income are not used when figuring out my benefits?   This section applies to ((TANF/SFA, RCA, and GA cash programs)) cash assistance, medical programs for children, pregnant women and families, 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)) There are some types of income that we (the department) do not count when figuring out if you can get benefits and the amount you can get. Some examples of income we do not count are:

(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)) your 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) Payments issued under the Department of State or Department of Justice Reception and Replacement Programs, such as Voluntary Agency (VOLAG) payments.

(2) ((When determining the eligibility of a Holocaust survivor)) For ((a)) medical ((program)) programs for children, pregnant women, or families, ((the department does)) we also do not count ((the recoveries of:

(a) Insurance proceeds; and

(b) Other income.

(3) 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.

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

(5) 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.

(6) 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)) any insurance proceeds or other income you have recovered as a result of being a Holocaust survivor.

[Statutory Authority: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.530 and 2000 2nd sp.s. c 1 210(12). 01-18-006, 388-450-0015, filed 8/22/01, effective 9/22/01. 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.]

3069.1
AMENDATORY SECTION(Amending WSR 98-16-044, filed 7/31/98, effective 9/1/98)

WAC 388-450-0055   ((Assistance)) How does money from other agencies ((and)) or organizations((.)) count against my benefits?   ((Unless specifically stated, this section applies to TANF/SFA, RCA, GA, medical and food assistance programs.))

(1) ((Funds received from other agencies and organizations are excluded when determining the amount of assistance to be paid as long as no duplication exists between the assistance provided by the other agency and that provided by the department.

(2) To assure nonduplication, aid from other agencies will be considered in relation to:

(a) The different purposes for which such aid is granted;

(b) The provision of goods and services not included in the department's standards; and

(c) Conditions that preclude its use for current living costs.

(3) For TANF/SFA, RCA, GA, and TANF/SFA-related medical assistance, if the assistance from another agency is available to meet need, the assistance shall be disregarded up to the difference between the need standard and the payment standard)) For cash assistance and medical programs for children, pregnant women, and families:

(a) We do not count money given to you by other agencies or organizations if the money is given to you for reasons other than ongoing living expenses. Ongoing living expenses include the following items:

(i) Clothing;

(ii) Food;

(iii) Household supplies;

(iv) Medical supplies (nonprescription);

(v) Personal care Items;

(iv) Shelter;

(vii) Transportation; and

(viii) Utilities (e.g., lights, cooking fuel, the cost of heating or heating fuel).

(b) If the money given to you is supposed to be used for ongoing living expenses, we count the amount remaining after we subtract the difference between the need standard and the payment standard as described in chapter 388-478 WAC.

(2) For food assistance:

(a) We do not count money given to you if:

(i) It is given to you by a private, nonprofit, charitable agency or organization; and

(ii) The amount of money you get is no more than three hundred dollars in any one of the following calendar quarters:

(A) January - February - March,

(B) April - May - June,

(C) July - August- September,

(D) October - November - December.

(b) We count the entire amount if the requirements in (a) of this subsection are not met.

(3) For cash assistance, food assistance, and medical programs for children, pregnant women, and families, if we do count the money you get, we treat it as unearned income under WAC 388-450-0025.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-450-0055, filed 7/31/98, effective 9/1/98.]

Washington State Code Reviser's Office