WSR 19-24-048
PERMANENT RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
[Filed November 26, 2019, 12:01 p.m., effective January 1, 2020]
Effective Date of Rule: January 1, 2020.
Purpose: The department is amending WAC 388-450-0025 What is unearned income?, to incorporate benefits payable from the family and medical leave program authorized under chapter 50A.05 RCW, beginning January 1, 2020, into the examples of unearned income described in this rule. This change will clearly identify that paid family medical leave is unearned income for cash and food assistance applicant eligibility determinations and will be considered in the calculation of the amount of benefits received by an eligible recipient.
Citation of Rules Affected by this Order: Amending WAC 388-450-0025.
Statutory Authority for Adoption: RCW 74.04.005, 74.04.050, 74.04.055, 74.04.057, 74.04.770, 74.08.090, 74.08A.100, 74.09.035, 74.09.530, 74.62.030.
Other Authority: 7 C.F.R. 273.9.
Adopted under notice filed as WSR 19-19-051 on September 13, 2019.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: November 26, 2019.
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION(Amending WSR 15-02-006, filed 12/26/14, effective 1/26/15)
WAC 388-450-0025What is unearned income?
This section applies to cash assistance and food assistance.
(1) Unearned income is income you get from a source other than employment or self-employment. Some examples of unearned income include, but are not limited to:
(a) Railroad retirement;
(b) Unemployment compensation;
(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; or
(f) Paid family and medical leave benefits.
(2) For food assistance we also count the total amount of cash benefits due to you before any reductions caused by 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, ABD assistance, PWA, and SSI.
(3) When we count your unearned income, we count the amount you get before any taxes are taken out.