WSR 97-15-011

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

(Public Assistance)

[Filed July 3, 1997, 4:04 p.m., effective August 1, 1997]

Date of Adoption: July 3, 1997.

Purpose: To exercise an option under Public Law 104-193 that allows waiving retroactive case overpayments for temporary assistance to needy families (TANF) clients who timely report a change in their earned income.

Citation of Existing Rules Affected by this Order: Amending WAC 388-245-1510.

Statutory Authority for Adoption: RCW 74.04.050, 74.08.090; HB 3901, section 308 (1997).

Other Authority: Public Law 104-193, Section 103 (1996); chapter 74.12 RCW.

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.

Reasons for this Finding: This rule is client-beneficial. It makes it more beneficial for TANF clients to enter the work force.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 1, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 1, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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 3, 1997

Merry A. Kogut, Manager

Rules and Policies Assistance Unit

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

WAC 388-245-1510 Effective date of ineligibility for terminated grants. (1) When a change in income((, including the receipt of a lump-sum payment,)) causes ineligibility for more than one month, the ((recipient)) effective date of ineligibility shall be ((ineligible effective the first day of the month of receipt.)) determined as follows:

(a) When recurrent income (WAC 388-22-030), received in the budget month (WAC 388-218-1050(3)), causes ineligibility, the assistance unit shall be ineligible on the first day of the payment month (WAC 388-218-1050(17)) if the following circumstances are met:

(i) The assistance unit is subject to retrospective income budgeting (WAC 388-218-1910), and

(ii) The income is reported timely as required under WAC 388-245-1715 for nonmonthly reporting households or under WA 388-245-2050 for households required to report monthly.

(b) For all other changes in income which cause ineligibility, including the receipt of a lump-sum payment, the assistance unit shall be ineligible on the first day of the month in which the income is received.

(2) When the change causes ineligibility for one month only, the department shall follow WAC 388-245-1400 and 388-245-1410.

(3) When a change of circumstances other than increased income renders the assistance unit or any member of the assistance unit ineligible, the effective date of the recipient's ineligibility shall be the first day of the month following the month in which the change occurred, except for:

(a) Striking workers, see WAC 388-215-1540.

(b) Clients who receive general assistance based on the relinquishment of a child for adoption.