WSR 02-14-067

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed June 27, 2002, 3:24 p.m. , effective August 1, 2002 ]

Date of Adoption: June 26, 2002.

Purpose: The income eligibility level for subsidized child care, working connections child care, was reduced from 225% of the federal poverty level (FPL) to 200% of the FPL by emergency rule adoption, effective April 1, 2002. The change was made due to the governor's directive as a part of the overall budget reductions in the state. The sections of chapter 388-290 WAC that were revised are: WAC 388-290-0010, 388-290-0075, and 388-290-0085. These WAC sections have had the FPL percentage changed and have had the copayment levels and calculations changed.

Citation of Existing Rules Affected by this Order: Amending WAC 388-290-0010, 388-290-0075, and 388-290-0085.

Statutory Authority for Adoption: RCW 74.04.050, 74.13.085.

Adopted under notice filed as WSR 02-11-128 on May 21, 2002.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 3, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 3, Repealed 0.
Effective Date of Rule: August 1, 2002.

June 26, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3048.2
AMENDATORY SECTION(Amending WSR 02-01-135, filed 12/19/01, effective 1/19/02)

WAC 388-290-0010   What makes me eligible for WCCC benefits?   For the purposes of this chapter "we" and "us" refer to the department of social and health services. You may be eligible for WCCC benefits if:

(1) Your family is described under WAC 388-290-0015;

(2) ((You're)) You are participating in an approved activity under WAC 388-290-0040, 388-290-0045, or 388-290-0050;

(3) You and your children are eligible under WAC 388-290-0020;

(4) Your countable income, is at or below two hundred ((twenty-five)) percent of the Federal Poverty Level (FPL) (under WAC 388-290-0065); and

(5) Your share of the child care cost, called a copayment (under WAC 388-290-0075) is lower than the total DSHS maximum monthly payment for all children in the family who are eligible for subsidized care.

[Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, 388-290-0010, filed 12/19/01, effective 1/19/02.]


AMENDATORY SECTION(Amending WSR 02-01-135, filed 12/19/01, effective 1/19/02)

WAC 388-290-0075   What are the steps the WCCC program takes to ((figure)) determine my family's WCCC eligibility and copayment amount?   The WCCC program takes the following steps to ((figure)) determine your WCCC income eligibility and copayment:

(1) Determine your family size (under WAC 388-290-0015); and

(2) Determine your countable income (under WAC 388-290-0065).

(3) If your family's countable monthly income falls within the range below, then your copayment is:


YOUR INCOME YOUR COPAYMENT is:
At or below 82% of the FPL $((10)) 15
Above 82% of the FPL up to 137.5% of the FPL $((20)) 25
Above ((137.50)) 137.5% of the FPL - ((225)) 200% of the FPL The dollar amount equal to subtracting 137.5% of FPL from countable income, multiplying by 44%, then adding $((20)) 25
Income above ((225)) 200% of the FPL, you are not eligible for WCCC benefits.

[Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, 388-290-0075, filed 12/19/01, effective 1/19/02.]


AMENDATORY SECTION(Amending WSR 02-01-135, filed 12/19/01, effective 1/19/02)

WAC 388-290-0085   When might my WCCC copayment change?   (1) Once we have determined that you are eligible for WCCC benefits, your copayment could change when:

(a) Your activity changes under WAC 388-290-0040, 388-290-0045, or 388-290-0050;

(b) Your monthly income decreases;

(c) Your family size increases;

(d) You are no longer eligible for the three-month TANF grant exemption under WAC 388-290-0070(h) or the minimum copayment under WAC 388-290-0090.

(2) If your copayment changes during your eligibility period, the change is effective the first of the month following the change.

(3) We do not increase your copayment during your current eligibility period when your countable income remains at or below two hundred ((twenty-five)) percent of the FPL, and:

(a) Your monthly countable income increases; or

(b) Your family size decreases.

[Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, 388-290-0085, filed 12/19/01, effective 1/19/02.]

Washington State Code Reviser's Office