WSR 09-02-029

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed December 30, 2008, 3:29 p.m. , effective February 1, 2009 ]


Effective Date of Rule: February 1, 2009.

Purpose: This rule change is needed in order to offer career services to employed adults who receive Basic Food benefits, and who are working thirty or more hours a week and have minor dependents. The program is administered by the employment security department.

Citation of Existing Rules Affected by this Order: Amending WAC 388-310-2100.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, and 74.08.090.

Adopted under notice filed as WSR 08-23-100 on November 19, 2008.

Changes Other than Editing from Proposed to Adopted Version: Subsection (1), "within available funds" was added to ensure the program operates within the approved budget.

Subsection (2)(a)(iii)(B), "and does not qualify under subsection (A) of this section" was added to clarify that parents are approved for career services through Basic Food assistance only if they are not eligible under post TANF or DCA.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: December 30, 2008.

Stephanie E. Schiller

Rules Coordinator

4044.6
AMENDATORY SECTION(Amending WSR 08-16-102, filed 8/5/08, effective 10/1/08)

WAC 388-310-2100   ((WorkFirst)) Career services program.   (1) What is the ((WorkFirst)) career services program?

((WorkFirst)) Career services, administered by employment security department, within available funds, provides up to six months of:

Basic needs payments;

Wage progression services; and

Job retention services.

(2) How can I get ((WorkFirst)) career services?

(a) To get career services, you must meet the following eligibility requirements:

(i) ((Enroll with the employment security department within the first two calendar months after your TANF/SFA ends or within the first two calendar months after you received your first diversion cash assistance (DCA) payment.

(ii))) Be working thirty hours or more per week in a paid unsubsidized job; and

(ii) Not have left temporary assistance for needy families (TANF)/state family assistance (SFA) in sanction status within the previous six months; and

(iii) Be a custodial parent or caretaker relative who:

(A) Received TANF/SFA or diversion cash assistance (DCA) within at least one of the past two calendar months; ((and)) or

(((iv) Not have left TANF/SFA in sanction status))

(B) Receives basic food assistance for your family and does not qualify under subsection (A) of this section or does not currently receive cash benefits under the TANF, SFA, refugee, or general assistance programs.

(b) You must also enroll with the employment security department during the following timeframes:

(i) Within the first two calendar months after your TANF/SFA ends; or

(ii) Within the first two calendar months after you received your first diversion cash assistance (DCA) payment; or

(iii) Anytime starting the month after you meet eligibility criteria for career services while receiving basic food. You aren't eligible for career services based on receiving basic food assistance if you have already received career services during the current state fiscal year (July 1 through June 30).

(c) Each adult in your family who meets these conditions and enrolls in the program ((will)) can receive ((their own basic needs)) the payments and services.

(3) What services and ((basic needs)) payments are available while I am enrolled in the ((WorkFirst)) career services program?

The ((WorkFirst)) career services program provides wage progression services, job retention services and basic needs payments.

(a) Services include employment planning that will help you keep your job and increase your wages.

(b) As shown in the chart below, cash payments and bonuses are made monthly, for up to six consecutive months after leaving TANF/SFA ((or)), receiving DCA, or while receiving Basic Food assistance.

(c) You may receive up to six hundred fifty dollars in cash payments and bonuses over the six-month period following your TANF/SFA case closing ((or)), getting your first DCA payment, or while receiving Basic Food assistance.


((Eligible Month)) ((Payments & Bonus Amounts)) ((Description of Payments and Bonuses))
((Month 1-6 After TANF/SFA or DCA)) (($50.00 a month)) ((Monthly payments begin once you enroll. If you enroll during Month 2, then you are not eligible for the Month 1 payment.))
((Month 1 or 2)) (($150.00)) ((One-time enrollment bonus when you sign up for the program.))
((Month 4 and 6)) (($100.00 month 4

$100.00 month 6))

((Bonus for completing the WorkFirst career services assessment and employment planning interview.))


Program Enrollment Period Frequency Payment Period Payment & Bonus Amount Payment Description
TANF/SFA or DCA First two months after TANF/SFA ends, or

Two months after first DCA payment

People can enroll the first two months after they:

Exit TANF/SFA or

Receive first DCA payment

Month 1 or 2 $150.00 One-time enrollment bonus when you sign up for the program.
Month 1-6 after TANF/SFA ends $50.00 Monthly payments begin once you enroll. If you enroll during Month 2, then you are not eligible for the Month 1 payment.
Month 4 and 6 $100.00 month 4

$100.00 month 6

Bonus for completing the career services assessment and employment planning interview.
Basic Food Any time starting the month after becoming eligible for career services One time in a fiscal year (July through June) 1st Month $150.00 One-time enrollment bonus when you sign up for the program.
Month 1-6 $50.00 Monthly payments begin once you enroll.
Month 4 and 6 $100.00 month 4

$100.00 month 6

Bonus for completing the career services assessment and employment planning interview.

(4) How long can I receive ((WorkFirst)) career services ((and basic needs payments))?

(a) ((WorkFirst)) Career services ((and basic needs payments)) are available for a maximum of six consecutive months. Month one begins the calendar month after your TANF/SFA assistance ends or the calendar month after you receive your first DCA payment.

(b) If you are eligible for career services because you receive basic food assistance, career services are available for a maximum of six consecutive months beginning the month you enroll.

(c) Your ((WorkFirst)) career services ((payments)) will stop for any of the following reasons:

(i) ((We)) The employment security department (ESD) learns you are no longer working thirty hours a week in unsubsidized employment;

(ii) You begin receiving TANF/SFA assistance;

(iii) ((We)) ESD does not have your current mailing address;

(iv) You are not living in Washington; or

(v) It has been more than six months since your initial DCA payment or since you stopped receiving TANF/SFA or since you enrolled in the career services program because you receive basic food assistance.

(5) What happens if the employment security department learns I am no longer working thirty hours or more per week?

(a) The employment security department will provide you with a letter with at least ten days advance notice that your ((WorkFirst)) career services will close. Your ((WorkFirst)) career services ((basic needs payments)) will stop at the end of the month in which your ten days notice expires. The letter will tell you how to request an administrative hearing if you disagree with the decision.

(b) If you find a new job or increase your hours back up to thirty hours before the end of the month, you will remain eligible for career services payments.

(c) Employment security staff can help you find new employment or work with you to increase your hours of employment.

(6) What happens if I am approved for TANF/SFA assistance while I am receiving ((WorkFirst)) career services?

If you start receiving TANF/SFA assistance, the employment security department will provide you with a letter and close your ((WorkFirst)) career services case at the end of the month. The letter will tell you how to request an administrative hearing if you disagree with the decision.

(7) What ((happens if I request an administrative hearing)) can I do if I disagree with decisions about career services?

(a) You have the right to request an administrative hearing if you disagree with a decision or action regarding the ((WorkFirst)) career services program. For more information, see chapter 388-02 WAC and RCW 74.08.080.

(b) If you receive continued benefits, they will still end when you reach your benefit maximum as outlined under (3)(c) and (4) regardless of any other pending administrative hearing.

[Statutory Authority: RCW 74.04.050, 74.04.055. 08-16-102, 388-310-2100, filed 8/5/08, effective 10/1/08. Statutory Authority: RCW 74.04.050, 74.04.055, and 2007 c 522. 07-20-042, 388-310-2100, filed 9/26/07, effective 10/27/07.]

Washington State Code Reviser's Office