WSR 97-17-090

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Public Assistance)

[Filed August 19, 1997, 3:27 p.m.]

Original Notice.

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

Title of Rule: WAC 388-216-3000 Individual development accounts (IDA) and 388-235-2000 General assistance--Unemployable--Resources.

Purpose: To comply with state requirement in EHB 3901 that recipients of the temporary assistance for needy families (TANF) program can establish an individual development account (IDA) for a qualified purpose (1) postsecondary educational expenses; (2) principal residence for a first-time homebuyer; or (3) business capitalization account.

Statutory Authority for Adoption: RCW 74.08.090, section 307, chapter 58, Laws of 1997.

Statute Being Implemented: Section 307, chapter 58, Laws of 1997.

Summary: State rules for the TANF program require that a TANF recipient can establish an IDA for a qualified purpose and the department will exempt its funds when determining financial eligibility.

Reasons Supporting Proposal: Required by state law.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Cindy Anderson, Lacey Government Center, Lacey, Washington, (360) 413-3095.

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

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

Explanation of Rule, its Purpose, and Anticipated Effects: To comply with state requirement in EHB 3901 that recipients of TANF can establish an IDA for a qualified purpose (1) postsecondary educational expenses, (2) principal residence for a first-time home buyer, or (3) business capitalization account.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Does not affect small business.

RCW 34.05.328 does not apply to this rule adoption. Rules of the Department of Social and Health Services relating only to client medical or financial eligibility are exempt under RCW 34.05.328.

Hearing Location: Lacey Government Center (behind Tokyo Bento restaurant), 1009 College Street S.E., Room 104-B, 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) 902-0750, TTY (360) 902-8324, e-mail lbaldwin@dshs.wa.gov.

Submit Written Comments to and Identify WAC Numbers: Leslie Baldwin, Department of Social and Health Services, Rules Coordinator, P.O. Box 45850, Olympia, WA 98513 [98504-5850], FAX (360) 902-8292, by September 23, 1997.

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

August 18, 1997

Merry A. Kogut, Manager

Rules and Policies Assistance Unit

NEW SECTION

WAC 388-216-3000 Individual development account. (1) The department will not use funds from an individual development account established under section 307, chapter 58, Laws of 1997 when determining TANF eligibility.

(2) If funds are withdrawn from an individual development account for a purpose other than those defined in section 307, chapter 58, Laws of 1997, the department will use the funds to determine eligibility according to WAC 388-216-2000, Resources--Eligibility.

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NEW SECTION [AMENDATORY SECTION]

WAC 388-235-2000 Resources. The department shall determine eligibility for general assistance using the resource and transfer of property rules in chapters 388-216 and 388-217 WAC, except for funds in an individual development account established under WAC 388-216-3000.

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Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

Legislature Code Reviser

Register

Washington State Code Reviser's Office