WSR 15-23-073 PROPOSED RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Economic Services Administration) [Filed November 16, 2015, 1:48 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-19-134.
Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-400-0010 Who is eligible for state family assistance?
Hearing Location(s): Office Building 2, DSHS Headquarters
1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at http://www1.dshs.wa.gov/msa/rpau/RPAU-OB-2directions.html), on December 22, 2015, at 10:00 a.m.
Date of Intended Adoption: Not earlier than December 23, 2015.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., December 22, 2015.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, by phone (360) 664-6092, TTY (360) 664-6178, or e-mail KildaJA@dshs.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed amendments would allow state family assistance to be issued in certain situations to two-parent families that are otherwise eligible for temporary assistance for needy families (TANF). This change would not impact services or benefits to clients.
Reasons Supporting Proposal: The proposed changes would help to improve the state's work participation rate and would reduce, or eliminate, the penalty imposed on the state for not meeting the federal participation rate. The proposed changes are necessary to help meet federal TANF work participation targets set by the Administration for Children and Families.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of social and health services, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Bev Kelly, P.O. Box 45470, Olympia, WA 98504-5470, (360) 725-4556.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The department has analyzed the proposed rule and concluded that no new costs will be imposed on small businesses affected by them. The preparation of a comprehensive small business economic impact statement is not required under RCW 19.85.030.
A cost-benefit analysis is not required under RCW 34.05.328. These amendments are exempt as allowed under RCW 34.05.328 (5)(b)(vii) which states in part, "[t]his section does not apply to … rules of the department of social and health services relating only to client medical or financial eligibility and rules concerning liability for care of dependents."
November 12, 2015
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 14-10-046, filed 4/30/14, effective 6/1/14)
WAC 388-400-0010 Who is eligible for state family assistance?
(1) To be eligible for state family assistance (SFA), aliens must meet Washington state residency requirements as listed in WAC 388-468-0005 and immigrant eligibility requirements as listed in WAC 388-424-0015.
(2) You are eligible for SFA if you are not eligible for temporary assistance for needy families (TANF) for the following reasons:
(a) You are a qualified alien and have been in the United States for less than five years as described in WAC 388-424-0006;
(b) You are a nonqualified alien as defined in WAC 388-424-0001, who meets the Washington state residency requirements as listed in WAC 388-468-0005;
(c) You are a nineteen or twenty-year-old student that meets the education requirements of WAC 388-404-0005;
(d) You are a caretaker relative of a nineteen or twenty-year-old student that meets the education requirements of WAC 388-404-0005; or
(e) You are a pregnant woman who has been convicted of misrepresenting their residence in order to receive benefits from two or more states at the same time.
(3) You and the other TANF eligible members of your assistance unit may receive, at the department's discretion, SFA rather than TANF if:
(a) You are otherwise eligible for TANF as a parent; and
(b) Another parent in your assistance unit is eligible for TANF or SFA; and
(c) One of the following conditions exists:
(i) You or the other parent in your assistance unit is pregnant; or
(ii) Your assistance unit includes a child under twelve months of age.
(4) If you apply for SFA, have not received SFA within the past thirty days, and will be a mandatory WorkFirst participant as described in WAC 388-310-0200 once approved, you must complete a WorkFirst orientation before we approve your application.
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