WSR 97-22-049

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

(Public Assistance)

[Filed October 31, 1997, 3:57 p.m.]

Date of Adoption: October 31, 1997.

Purpose: To exercise an option under Public Law 104-193 that makes it more beneficial for TANF recipients to enter the workforce. When clients' earned income makes them ineligible, they are ineligible effective the first day of the month following the month in which they received the earned income if they report the income on time. If they don't report the income on time, they are ineligible the month they receive the income. If clients who don't report their income on time have received and cashed their public assistance check for the month, the assistance is an overpayment.

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

Statutory Authority for Adoption: RCW 74.04.050, 74.08.090.

Other Authority: Public Law 104-193 (1996).

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 who are working to enter the workforce and terminate their public assistance. Before this rule change a client, who had earned income that made him or her ineligible for assistance, would be assessed an overpayment for the last month of assistance he or she received. This overpayment is now waived.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 1, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 1, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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

October 31, 1997

Merry A. Kogut, Manager

Rules and Policies Assistance Unit

AMENDATORY SECTION (Amending WSR 94-10-065, 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 WAC 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.