SENATE BILL REPORT

SB 6462

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As of January 30, 2012

Title: An act relating to determination of income and resources for the purposes of eligibility for public assistance.

Brief Description: Concerning determination of income and resources for the purposes of eligibility for public assistance.

Sponsors: Senators Fraser, Carrell, Regala, Stevens, Hargrove and Shin.

Brief History:

Committee Activity: Human Services & Corrections: 1/31/12.

SENATE COMMITTEE ON HUMAN SERVICES & CORRECTIONS

Staff: Jennifer Strus (786-7316)

Background: Income. The following provisions apply to all applications for cash assistance, medical programs for children, pregnant women and families, and food assistance.

In determining whether a person is eligible for assistance, the Department of Social and Health Services (DSHS) counts all available income owned or held by people in the assistance unit in determining whether the person is eligible for benefits in the following situations:

DSHS considers income to be owned by someone else and available to the applicant or recipient when the applicant or recipient receives the income and can use the income to meet his or her needs for food, clothing ad shelter.

Resources. Generally DSHS counts the following resources toward an assistance unit's resource limits for cash assistance and family medical programs to determine eligibility for benefits:

The following types of liquid resources do not count when determining your eligibility: bona fide loans, including student loans; basic food benefits; income tax refunds for 12 months from the date of receipt; earned income tax credit (EITC) in the month received and for up to 12 months; advance earned income tax credit payments; federal economic stimulus payments that are excluded for federal and federally-assisted state programs; IDAs established; retroactive cash benefits or temporary assistance for needy families or state food assistance benefits resulting from a court order modifying a decision of DSHS; underpayments received; educational benefits that are excluded as income under WAC 388-450-0035; the income and resources of an SSI recipient; a bank account jointly owned with an Supplemental Security Income (SSI) recipient if the Social Security Administration already counted the money for SSI purposes; foster care payments provided under Title IV-E and/or state foster care maintenance payments; adoption support payments; self-employment accounts receivable that the client has billed to the customer but has been unable to collect; and resources specifically excluded by federal law.

The following types of real property do not count when DSHS determines eligibility:

Summary of Bill: The definition of income, for purposes of determining eligibility for public assistance, is amended to include assets of a business owned or controlled, in whole or in part, by the applicant or recipient and from which the applicant or recipient receives a salary.

The definition of resources, for purposes of determining eligibility for public assistance, is amended to include ownership in a business, whether it is a partnership. corporation or limited liability company, owned by, available to or whose assets are available to the applicant or recipient.

Appropriation: None.

Fiscal Note: Not requested.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.