WSR 02-20-069

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed September 30, 2002, 9:44 a.m. ]

Date of Adoption: September 27, 2002.

Purpose: To modify the rules that describe how the department treats time-loss income.

Citation of Existing Rules Affected by this Order: Repealing WAC 388-450-0075; and amending WAC 388-450-0010, 388-450-0025, and 388-450-0030.

Statutory Authority for Adoption: RCW 74.08.090 and 74.04.510.

Adopted under notice filed as WSR 02-16-031 on July 29, 2002.

Changes Other than Editing from Proposed to Adopted Version: Deletions from proposed rule are shown as strikeouts; new text is underlined.

The following changes (by subsection listed) were made to WAC 388-450-0010 to incorporate comments received:

&sqbul; The title was changed to: "The department takes some or all . . . . .
&sqbul; The first sentence in (1) was changed to: Some people who are hurt and cannot work because of their injury on the job can get time-loss benefits because of their injury.
&sqbul; The first sentence in (2) was changed to: If you are an adult or minor child who gets cash assistance while waiting for your time-loss benefit claim to be processed, you are required to let the department take some or all of your time-loss benefits as repayment for that your cash assistance. . . . . .
&sqbul; (4) the entire text was deleted and replaced with: If your assistance unit includes another adult to whom you are not married, the amount of your time-loss benefits we take may be less than the amount of cash assistance you received.
&sqbul; (5) was changed to: Before Each time we take our portion from your time-loss benefits, the Office of Financial Recovery (OFR) will tell send you a letter telling you how much we are going to takeing.
&sqbul; (6)(a)(i) was changed to: . . . . . . . . for the amount we recover are taking; and
&sqbul; (6)(b)(i) was changed to: . . . . . . . . from the amount we can have are taking; or

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 3, Repealed 1.

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 1.
Effective Date of Rule: Thirty-one days after filing.

September 27, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3098.3
AMENDATORY SECTION(Amending WSR 98-16-044, filed 7/31/98, effective 9/1/98)

WAC 388-450-0010   ((Liens against potential)) The department takes some or all of your time-loss ((compensation)) benefits if you get cash assistance while waiting for your claim to be processed.   ((This section applies to TANF/SFA, RCA, GA and TANF/SFA-related medical programs.

(1) By accepting public assistance, adult and minor clients assign to the department the right to recover time-loss compensation.

(2) When an assistance unit consists of unmarried parents only, the portion of cash assistance received by the injured parent and the injured parent's natural, adoptive or stepchildren is recoverable by the department.

(3) When a client or client's attorney claims allowable attorney fees and costs incidental to an increased award, the office of financial recovery (OFR) will:

(a) Determine what portion of the award, if any, resulted directly from the attorney's involvement;

(b) Determine the department's proportionate share of attorney fees and costs applicable to the duplicate coverage period; and

(c) Deduct the department's share of cost in subsection (b) of this section from the lien for duplicated assistance; or

(d) Issue the proportionate share refund to the attorney with a copy of the account summary to the client)) (1) Some people who are hurt on the job can get time-loss benefits because of their injury. The time-loss benefits are paid by an agency, such as the department of labor and industries or a private insurance company.

(2) If you are an adult or minor child who gets cash assistance while waiting for your time-loss benefit claim to be processed, you are required to let the department take some or all of your time-loss benefits as repayment for your cash assistance. We will take our portion of the time-loss benefits before you get yours. You agree to this when you sign the application and accept your cash benefits.

(3) The amount of your time-loss benefits that we take will not be more than the total amount of cash assistance you got while waiting for your claim to be approved.

(4) If your assistance unit includes another adult to whom you are not married, the amount of your time-loss benefits we take may be less than the amount of cash assistance you received.

(5) Each time we take our portion from your time-loss benefits, the office of financial recovery (OFR) will send you a letter telling you how much we are taking.

(6) If you or your attorney claim that you are getting more time-loss benefits because of the help of your attorney, OFR will:

(a) First, figure out:

(i) How much of your time-loss benefits are a direct result of your attorney's work; and

(ii) Our proportionate share of your attorney's fees and costs for the amount we are taking; and

(b) Then, either:

(i) Subtract our share of your attorney's fees and costs from the amount we are taking; or

(ii) Send your attorney their share of the time-loss benefits we have taken.

(c) Send a copy of the account summary to you.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-450-0010, filed 7/31/98, effective 9/1/98.]


AMENDATORY SECTION(Amending WSR 99-17-025, filed 8/10/99, effective 10/1/99)

WAC 388-450-0025   What is unearned income((.))?   This section applies to ((TANF/SFA, RCA, GA, TANF/SFA-related medical and food assistance programs)) cash assistance, food assistance, and medical programs for families, children, and pregnant women.

(1) Unearned income is income ((a person receives)) you get from a source other than employment or self-employment. Some examples of unearned income ((include but are not limited to)) are:

(a) Railroad Retirement;

(b) Unemployment Compensation; ((or))

(c) Social Security benefits (including retirement benefits, disability benefits, and benefits for survivors);

(d) Time loss benefits as described in WAC 388-450-0010, such as benefits from the department of labor and industries (L&I); or

(e) Veteran Administration benefits.

(2) For food assistance ((programs, unearned income includes the)) we also count the total amount of cash benefits due ((the client prior to)) to you before any reductions caused by ((the client's failure)) your failure (or the failure of someone in your assistance unit) to perform an action required under a federal, state, or local means-tested public assistance program, such as TANF/SFA, GA, and SSI.

(3) When we count your unearned income, we count the amount you get before any taxes are taken out.

[Statutory Authority: RCW 74.08.090 and 74.04.510. 99-17-025, 388-450-0025, 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, 388-450-0025, filed 7/31/98, effective 9/1/98.]


AMENDATORY SECTION(Amending WSR 99-17-025, filed 8/10/99, effective 10/1/99)

WAC 388-450-0030   What is earned income ((definition.)) ?   ((Unless specifically stated,)) This section applies to ((TANF/SFA, RCA, GA, TANF/SFA-related medical and)) cash assistance, food assistance, and medical programs for families, children, and pregnant women.

(1) Earned income ((is:

(a) Income a person receives in the form of cash or in-kind, which is a gain or benefit to the person, when earned as a wage, salary, tips, gratuities, commissions, or profit from self-employment activities.

(b) Income over a period of time for which settlement is made at one time, such as sale of farm crops, livestock, or poultry.

(2) For food assistance programs only, income in-kind is excluded.

(3) Earned income from self-employment is determined as specified under WAC 388-450-0080.

(4) For TANF/SFA, RCA, GA-H, and TANF/SFA-related medical assistance, earned income includes time-loss compensation as specified in WAC 388-450-0075)) money you get from working. This includes:

(a) Wages;

(b) Tips;

(c) Commissions;

(d) Profits from self-employment activities as described in WAC 388-450-0080; and

(e) One-time payments for work you did over a period of time.

(2) For cash and medical assistance, we also consider you to have earned income if you work for something other than money, such as your rent.

(3) When we count your earned income, we count the amount you get before any taxes are taken out.

[Statutory Authority: RCW 74.08.090 and 74.04.510. 99-17-025, 388-450-0030, 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, 388-450-0030, filed 7/31/98, effective 9/1/98.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 388-450-0075 Income from time-loss compensation.

Washington State Code Reviser's Office