WSR 97-17-099

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Public Assistance)

[Filed August 20, 1997, 10:25 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-12-080.

Title of Rule: WAC 388-250-1225 Standards of assistance--Payment standards for temporary assistance for needy families (TANF) applicants who have resided in Washington less than twelve months.

Purpose: Establish different grant standards for household members who have resided in Washington less than twelve consecutive months prior to applying for assistance. The other states' standards, if lower, would apply to the first twelve months of assistance authorized.

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

Statute Being Implemented: RCW 74.08.025 (amended in section 101, chapter 58, Laws of 1997).

Summary: Persons who have lived in Washington state for less than twelve consecutive months prior to applying for temporary assistance to needy families (TANF) benefits will receive the standard payment of the other state (if it is lower) for the first twelve months of assistance authorized.

Reasons Supporting Proposal: Required by the Personal Responsibility and Work Opportunity Act of 1996, state legislation.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Betty Brinkman, Lacey Government Center, (360) 413-3091.

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

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

Explanation of Rule, its Purpose, and Anticipated Effects: Persons who apply for TANF who have lived in Washington state for less than twelve months prior to applying for assistance will receive the payment standard of the other state, if lower, for the first twelve months of assistance authorized.

The intent of the regulation is to discourage people from moving from a state with lower standards to Washington to receive increased benefits.

Proposal does not change existing rules. Currently, there is no difference in the payment standard for persons who live in Washington less than twelve months.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This will not impact small business. Applies to public assistance recipients only.

RCW 34.05.328 does not apply to this rule adoption. RCW 34.05.328 does not apply to rules of the Department of Social and Health Services relating to client medical or financial eligibility.

Hearing Location: Lacey Government Center (behind Tokyo Bento restaurant), 1009 College Street S.E., Room 102, Lacey, WA 98503, on September 23, 1997, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Leslie Baldwin by September 15, 1997, phone (360) 902-7540, TTY (360) 902-8324, e-mail lbaldwin@dshs.wa.gov.

Submit Written Comments to and Identify WAC Numbers: Leslie Baldwin, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, FAX (360) 902-8292, by September 23, 1997.

Date of Intended Adoption: No sooner than September 24, 1997.

August 19, 1997

Merry A. Kogut, Manager

Rules and Policies Assistance Unit

NEW SECTION

WAC 388-250-1225 Standards of assistance--Payment standards for temporary assistance for needy families (TANF) applicants who have resided in Washington less than twelve months. (1) Benefit levels for TANF recipients will be based on the payment standards in WAC 388-250-1400, unless:

(a) The recipient has resided in Washington state for less than twelve consecutive months prior to the month he or she applies for TANF; and

(b) The payment standard in the state where the applicant resided immediately before moving to Washington was lower than the standard for similarly situated recipients in Washington during the month of application.

(2) The benefit level for a TANF recipient who meets the conditions stated in subsection (1) of this section will be based on the payment standard for similarly situated recipients in the state where the recipient previously resided for the first twelve months the recipient receives TANF in Washington.

(a) This benefit level shall apply to all TANF eligible family members who reside with the applicant when he or she moves to Washington.

(b) The TANF benefit level for a child who moves to Washington to live with a caretaker relative who has resided in Washington for twelve or more months prior to applying for benefits for the child shall be based on the payment standards in WAC 388-250-1400.

(c) If a child moves to Washington to live with a caretaker relative whose benefit level is based on the payment standards of a previous state of residence, the child's benefit level shall be based on the same payment standards as that of the caretaker relative.