WSR 02-21-097

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed October 21, 2002, 4:44 p.m. , effective October 24, 2002 ]

Date of Adoption: October 21, 2002.

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

Citation of Existing Rules Affected by this Order: Amending WAC 388-450-0106.

Statutory Authority for Adoption: RCW 74.08.090 and 74.04.510.

Adopted under notice filed as WSR 02-16-033 on July 29, 2002.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 1, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: If we do not implement this rule, needy clients would receive incorrect benefits, thereby exposing the department to potential federal sanctions. The earlier effective date is also necessary to prevent the imminent peril to the welfare of these needy clients.
Effective Date of Rule: October 24, 2002.

October 18, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3090.2
AMENDATORY SECTION(Amending WSR 99-16-024, filed 7/26/99, effective 9/1/99)

WAC 388-450-0106   ((Allocating the)) How does the department count my income ((of a financially responsible person included in the)) if someone in my family cannot get assistance ((unit to household members excluded)) because of their alien status((.))?   This section applies to TANF/SFA, RCA, and RMA ((and TANF/SFA-related medical programs)). We count your income differently if you are applying for medical assistance only. See WAC 388-408-0055.

((When a)) If you are included in the assistance unit and you are financially responsible ((person)) for someone, as defined in WAC 388-450-0100(((3), is included in the assistance unit, that person's income is allocated to household members who are excluded from the assistance unit because of their alien status, as defined in WAC 388-450-0100 (4)(a), after allowing the following deductions)), who does not meet the alien requirements described in WAC 388-424-0005, we do not count all of your income. We subtract some of it so that you can use that part to help support the people who cannot get assistance. To figure out how much we count, we take the following seven steps:

(1) ((The)) We start by only counting fifty percent of your earned income ((incentive for TANF/SFA assistance units or the ninety dollar work expense deduction for RCA assistance units, if the income is earned)), as defined in WAC 388-450-0030;

(2) ((An amount equal to)) We add all of your unearned income, as defined in WAC 388-450-0025.

(3) We subtract the difference between the following payment standards (payment standards can be found in WAC 388-478-0020):

(a) One that ((would include the)) includes both eligible assistance unit members and those ((individuals excluded from the assistance unit)) who cannot get assistance because of their alien status; and

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

(((3))) (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 388-478-0015 for the number of dependents.

(6) We subtract any employment-related child care 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, 388-450-0106, filed 7/26/99, effective 9/1/99. Statutory Authority: RCW 74.04.005 and 74.08.090. 98-24-037, 388-450-0106, filed 11/24/98, effective 12/25/98.]

Washington State Code Reviser's Office