WSR 99-14-045

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed June 30, 1999, 10:48 a.m. , effective August 1, 1999 ]

Date of Adoption: June 30, 1999.

Purpose: The purpose in amending, adding and repealing these rules is to make federal TANF funds available to pregnant women and to phase out the general assistance for pregnant women (GA-S) program. Under RCW 74.04.055 and 74.04.057 the state must make available any federal funds for assistance programs. With the passage of Public Law 104-193 there is no longer a requirement under federal law for a pregnant woman with no other eligible child to be in her third trimester to qualify for temporary aid to needy families (TANF).

Citation of Existing Rules Affected by this Order: Repealing WAC 388-462-0005; and amending WAC 388-408-0010, 388-408-0015 and 388-462-0010; and new section WAC 388-462-0011.

Statutory Authority for Adoption: RCW 74.04.005, 74.04.050, 74.04.055, 74.04.057, and 74.08.090.

Adopted under notice filed as WSR 99-10-105 on May 5, 1999.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 4, Repealed 1.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 4, Repealed 1. Effective Date of Rule: August 1, 1999.

June 30, 1999

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

2566.4
AMENDATORY SECTION(Amending WSR 98-16-044, filed 7/31/98, effective 9/1/98)

WAC 388-408-0010
Assistance units for general assistance programs.

(1) ((A GA-S assistance unit includes only the pregnant woman.

(2))) A GA-U assistance unit includes:

(a) An incapacitated adult; or

(b) A married couple if both persons are incapacitated and living together.

(((3) A married couple living together must be included in a single assistance unit when:

(a) The husband is incapacitated; and

(b) The wife is pregnant and not eligible for TANF.

(4))) (2) A GA-H assistance unit includes only the child or children eligible for GA-H (see WAC 388-400-0015).

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090.  98-16-044, 388-408-0010, filed 7/31/98, effective 9/1/98.]


AMENDATORY SECTION(Amending WSR 98-16-044, filed 7/31/98, effective 9/1/98)

WAC 388-408-0015
((Mandatory TANF and SFA)) Assistance ((unit members)) units for temporary assistance for needy families (TANF) or state family assistance (SFA).

(((1) A TANF assistance unit includes only a woman in her third trimester of pregnancy if there is no other eligible child in the home.

(2))) The department must include in a TANF((, SFA)) or ((combined TANF/))SFA assistance ((unit must include the following)) unit certain persons((, if)) who are living together, unless ((the)) those person(s) must be excluded under WAC 388-408-0020 or ((is)) are excluded at the option of the family under WAC 388-408-0025. An assistance unit for TANF or SFA benefits or combination of TANF and SFA benefits must include the following:

(((a))) (1) The child for whom assistance is requested and:

(a) That child's full, half or adoptive sibling(s);

(b) ((Any)) The natural or adoptive parent(s) or stepparent ((of any child who is included in the assistance unit))(s); and

(c) ((Any)) The parent(s) of a pregnant ((minor)) or parenting minor ((parent)) who claims to be ((the needy caretaker relative of)) in need and is providing the primary care for the:

(i) ((The)) Pregnant minor ((or minor parent));

(ii) ((The)) Minor parent;

(iii) Minor parent's child; or

(((iii) The pregnant minor or minor parent's))

(iv) Full, half or adoptive sibling(s) of a pregnant or parenting minor.

(2) A pregnant woman if there is no TANF or SFA eligible child in the home.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090.  98-16-044, 388-408-0015, filed 7/31/98, effective 9/1/98.]

2565.3
AMENDATORY SECTION(Amending WSR 98-16-044, filed 7/31/98, effective 9/1/98)

WAC 388-462-0010
((Pregnancy requirement for TANF and)) Temporary assistance for needy families (TANF) or state family assistance (SFA) eligibility for pregnant women.

((A woman who is not a caretaker relative of a TANF or SFA eligible child may be eligible for TANF or SFA if:))

(1) ((She is in the third trimester of pregnancy (the three calendar months preceding the expected month of birth) as medically verified; and)) If you are already receiving TANF or SFA benefits, your pregnancy will not change your eligibility or benefit level.

(2) ((The unborn, if born and living with the woman in the month of payment, would be deprived of parental support and care as defined in chapter 388-430 WAC)) If you are not currently receiving TANF or SFA benefits, you may be eligible for these benefits if your pregnancy and expected date of delivery has been verified by a licensed medical practitioner.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090.  98-16-044, 388-462-0010, filed 7/31/98, effective 9/1/98.]


NEW SECTION
WAC 388-462-0011
Post adoption cash benefit.

(1) Under RCW 74.04.005 (6)(g) recipients of TANF or SFA who lose their eligibility solely because of the birth and relinquishment of the qualifying child may receive general assistance through the end of the month in which the period of six weeks following the birth of the child falls.

(2) The department will consider income and resources when determining eligibility and benefit amount for post adoption cash benefit in the same manner as TANF. Refer to chapters 388-450, 388-470, and 388-488 WAC.

(3) To receive the post adoption cash benefit, a client must have been receiving TANF or SFA in Washington state.

[]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 388-462-0005 Pregnancy requirement for GA-S.

Washington State Code Reviser's Office