WSR 02-23-084

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed November 19, 2002, 4:37 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-20-056.

Title of Rule: WAC 388-450-0045 How do we count income from employment and training programs?

Purpose: The Division of Employment and Assistance Programs is proposing this revision to update WAC 388-450-0045 to show that payments from AmeriCorps and AmeriCorps VISTA are excluded as income for all programs.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510.

Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510.

Summary: WAC 388-450-0045 describes how income from various employment and training programs is treated for cash, medical, and food assistance.

Reasons Supporting Proposal: The proposed change will reflect the federal interpretation that payments from AmeriCorps and AmeriCorps VISTA are excluded as income for all programs.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: John Camp, 1009 College S.E., Lacey, WA 98504, (360) 413-3232.

Name of Proponent: Department of Social and Health Services, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: WAC 388-450-0045 describes how income from various employment and training programs is treated for cash, medical, and food assistance.

Purpose and Effect: This purpose of the rule is to inform clients whether or not income from an employment and training program will impact their eligibility for benefits. The rule change will indicate that payments from AmeriCorps and AmeriCorps VISTA are excluded as income.

Proposal Changes the Following Existing Rules: See Purpose, Summary, and Reasons Supporting Proposal above.

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 DSHS clients.

RCW 34.05.328 does not apply to this rule adoption. These amendments are exempt as allowed under RCW 34.05.328 (5)(b)(vii) which states in-part, "[t]his section does not apply to... rules of the department of social and health services relating only to client medical or financial eligibility and rules concerning liability for care of dependents."

Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on January 7, 2003, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by January 3, 2003, 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., January 7, 2003.

Date of Intended Adoption: No earlier than January 8, 2003.

November 15, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3188.1
AMENDATORY SECTION(Amending WSR 02-03-019, filed 1/4/02, effective 2/1/02)

WAC 388-450-0045   How do we count income from employment and training programs?   This section applies to cash assistance, Basic Food ((assistance)), and medical programs for families, children, and pregnant women.

(1) We treat payments issued under the Workforce Investment Act (WIA) as follows:

(a) For cash assistance and medical programs for families, children, and pregnant women, we exclude all payments.

(b) For Basic Food ((assistance)):

(i) We exclude OJT earnings for children who are eighteen years of age or younger and under parental control as described in WAC 388-408-0035.

(ii) We count OJT earnings as earned income for people who are:

(A) Age nineteen and older; or

(B) Age eighteen or younger and not under parental control.

(iii) We exclude all other payments.

(2) We ((treat)) exclude all payments issued under the National and Community Service Trust Act of 1993 (((AmeriCorps) as follows:

(a) We exclude OJT earnings for children who are eighteen years of age or younger and under parental control as described in WAC 388-408-0035 (2)(c).

(b) We count OJT earnings as earned income for people who are:

(i) Age nineteen and older; or

(ii) Age eighteen or younger and not under parental control.

(c) We exclude all other payments)). This includes payments made through the AmeriCorps and AmeriCorps VISTA programs.

(3) We ((exclude)) treat payments issued under Title ((II)) I of the Domestic Volunteer Act of 1973, such as ((Retired Senior Volunteer Program (RSVP).

(4) We treat payments issued under Title I of the Domestic Volunteer Act of 1973, such as VISTA,)) University Year for Action, and Urban Crime Prevention Program as follows:

(a) For cash assistance and medical programs for families, children, and pregnant women, we exclude all payments.

(b) For Basic Food ((assistance)), we count most payments as earned income. We exclude the payments if you got:

(i) Basic Food ((assistance)) or cash assistance at the time you joined the Title I program; or

(ii) You were participating in the Title I program and got an income disregard at the time of conversion to the Food Stamp Act of 1977. We will continue to exclude the payments you get even if you do not get Basic Food ((assistance)) every month.

(4) We exclude all payments issued under Title II of the Domestic Volunteer Act of 1973. These include:

(a) Retired Senior Volunteer Program (RSVP);

(b) Foster Grandparents Program; and

(c) Senior Companion Program.

(5) We count training allowances from vocational and rehabilitative programs as earned income when:

(a) The program is recognized by federal, state, or local governments; and

(b) The allowance is not a reimbursement.

(6) When GAU clients receive training allowances we allow:

(a) The earned income incentive and work expense deduction specified under WAC 388-450-0175, when applicable; and

(b) The actual cost of uniforms or special clothing required for the course as a deduction, if enrolled in a remedial education or vocational training course.

(7) We exclude support service payments received by or made on behalf of WorkFirst participants.

[Statutory Authority: RCW 74.08.090 and 74.04.510. 02-03-019, 388-450-0045, filed 1/4/02, effective 2/1/02; 99-16-024, 388-450-0045, filed 7/26/99, effective 9/1/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-450-0045, filed 7/31/98, effective 9/1/98.]

Washington State Code Reviser's Office