WSR 02-14-021

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed June 21, 2002, 3:56 p.m. , effective June 22, 2002 ]

Date of Adoption: June 20, 2002.

Purpose: The purpose of this rule is to explain how we treat the income of people who cannot receive assistance because of their alien status.

Citation of Existing Rules Affected by this Order: Amending WAC 388-450-0116.

Statutory Authority for Adoption: RCW 74.08.090 and 74.04.510.

Adopted under notice filed as WSR 02-09-061 on April 15, 2002.

Changes Other than Editing from Proposed to Adopted Version: The following changes were made as a result of internal comments. The changes clarify language and do not change the effect of the proposed rules:

1. At the end of the first paragraph the word "and" is deleted, and after "RCA" the period is replaced by a comma and the words, "and RMA programs." is added.

2. Also at the end of the first paragraph, the following sentences are added, "We count your income differently if you are applying for medical assistance only. See WAC 388-408-0055."

3. At the end of subsection (5), the semicolon is replaced by a period, and the following is added. "This includes both current and back support. The amount cannot be more than the need standard in WAC 388-478-0005 for the number of dependents."

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: This WAC change is necessary to comply with a federal rule change. Immediate implementation of these rules is necessary in order to comply with federal regulation (45 C.F.R. 400.59, 400.65, 400.66, 400.67, 400.68, 400.69). The earlier effective date is necessary because of imminent peril to the public health, safety or welfare. If these rules do not go into effect, it could result in the denial or miscalculation of benefits to needy clients.
Effective Date of Rule: June 22, 2002.

June 20, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3071.3
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, and RMA programs. We count your income differently if you are applying for medical assistance only. See WAC 388-408-0055.

((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, as defined in WAC 388-450-0100, 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)). This includes both current and back support. The amount cannot be more than the need standard in WAC 388-478-0005 for the number of dependents.

(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