WSR 97-15-137

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

(Public Assistance)

[Filed July 23, 1997, 10:35 a.m., effective August 1, 1997]

Date of Adoption: July 22, 1997.

Purpose: Amends WAC 388-218-1800 and 388-218-1940; and repeals WAC 388-218-1700.

Citation of Existing Rules Affected by this Order: Repealing WAC 388-218-1700; and amending WAC 388-218-1800 and 388-218-1940.

Statutory Authority for Adoption: RCW 74.08.090.

Other Authority: Public Law 104-193, Section 103 (a)(1); EHB 3901, section 308 (1997); EHB 3901, section 309(11) (1997) (amends RCW 74.04.005).

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest; and that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: Changes in federal and state law require the department to amend existing rules by August 1, 1997.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 2, repealed 1.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: August 1, 1997.

July 22, 1997

Merry A. Kogut, Manager

Rules and Policies Assistance Unit

AMENDATORY SECTION (Amending Order 3732, filed 5/3/94, effective 6/3/94)

WAC 388-218-1800 Treatment of newly acquired nonexempt income. (1) Income affects the grant amount according to the provisions of:

(a) ((WAC 388-218-1700 Prospective eligibility;

(b))) WAC 388-218-1710 Income tests;

(((c))) (b) WAC 388-218-1810 Treatment of recurring income;

(((d))) (c) WAC 388-218-1820 Treatment of nonrecurring income--Lump sum((s)) payments;

(((e))) (d) WAC 388-218-1830 Treatment of income--Suspension of a grant;

(((f))) (e) WAC 388-218-1900 Prospective budgeting; and

(((g))) (f) WAC 388-218-1910 Retrospective budgeting.

(2) When the value of the income is taken into account when determining the assistance payment, as specified in subsection (1) of this section, assistance is continued in the amount of the difference between the income value plus any other income amounts and the payment standard plus authorized additional requirements.

(3) If income is not taken into account when determining assistance payments but is subsequently discovered, an overpayment shall be established according to chapter 388-270 WAC.

(4) Rules and procedures in chapter 388-270 WAC are followed in respect to overpayments.

[Statutory Authority: RCW 74.08.090. 94-10-065 (Order 3732), 388-218-1800, filed 5/3/94, effective 6/3/94. Formerly WAC 388-28-484 (part).]

AMENDATORY SECTION (Amending Order 3732, filed 5/3/94, effective 6/3/94)

WAC 388-218-1940 Determining grant amount--Recipients. (1) The department shall base the grant amount for the third month of assistance and subsequent months upon income received in the budget and/or report month. WAC 388-218-1900 Prospective budgeting, is an exception to this rule.

(2) The department shall treat newly acquired income as specified under:

(a) ((WAC 388-218-1700 Prospective eligibility;

(b))) WAC 388-218-1710 Income tests;

(((c))) (b) WAC 388-218-1800 Treatment of newly acquired nonexempt income;

(((d))) (c) WAC 388-218-1810 Treatment of recurring income;

(((e))) (d) WAC 388-218-1820 Treatment of nonrecurring income--Lump sum((s)) payments;

(((f))) (e) WAC 388-218-1830 Treatment of income--Suspension of a grant; and

(((g))) (f) WAC 388-218-1920 Determining grant amount--General.

[Statutory Authority: RCW 74.08.090. 94-10-065 (Order 3732), 388-218-1940, filed 5/3/94, effective 6/3/94. Formerly WAC 388-28-480 (part).]

REPEALER

The following section of the Washington Administrative Code is repealed: