PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: WAC 388-450-0015 Excluded and disregarded income.
Purpose: The rule excludes income received from temporary employees of the United States Census Bureau between February 1 - December 31, 2000, for all cash, medical and food assistance programs.
Statutory Authority for Adoption: RCW 74.08.090, 74.04.050, USDA AN 00-27.
Statute Being Implemented: RCW 74.08.090, 74.04.050.
Summary: Food and nutrition services (FNS) has agreed to allow the exclusion of temporary income from the United States Census Bureau for food assistance. The rule excludes income received from temporary employees of the United States Census Bureau between February 1 - December 31, 2000, for all cash, medical and food assistance programs.
Reasons Supporting Proposal: Recent concerns have arisen regarding the decreasing food stamp participation rates and ensuring food security of persons eligible for food assistance benefits. This rule allows needy persons to obtain transferable job skills without reducing the food stamp participation rate. Also in the interest of program simplification, this rule ensures that the exclusion of temporary United States Census Bureau income applies to all programs besides food assistance, such as medical and cash. Lastly, by supporting the census bureau's recruitment efforts, the rule helps in ensuring an accurate count while maximizing the federal funds available to residents of the state.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Lisa Yanagida, DAP, 1009 College Street, Lacey, WA 98504, Mailstop 45470, (360) 413-3104.
Name of Proponent: Department of Social and Health Services, governmental.
Rule is necessary because of federal law, USDA AN 00-27.
Explanation of Rule, its Purpose, and Anticipated Effects: The rule excludes income received from temporary employees of the United States Census Bureau between February 1 - December 31, 2000, for all cash, medical and food assistance programs. This rule allows needy persons to obtain transferable job skills without reducing the food stamp participation rate. Also in the interest of program simplification, this rule ensures that the exclusion of temporary United States Census Bureau income applies to all other programs besides food assistance, such as medical and cash. Lastly, by supporting the census bureau's recruitment efforts, the rule helps in ensuring an accurate count and maximizing the federal funds available to residents of the state.
Proposal Changes the Following Existing Rules: WAC 388-450-0015. We have added temporary census income received between February 1, 2000 - December 31, 2000, to the list of income exclusion.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposed rule does not have an economic impact on small businesses. It only affects DSHS clients.
RCW 34.05.328 does not apply to this rule adoption. The rule does not meet the definition of a significant legislative rule.
Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on May 23, 2000, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Paige Wall by May 12, 2000, phone (360) 664-6094, TTY (360) 664-6178, e-mail wallpg@dshs.wa.gov.
Submit Written Comments to: Identify WAC Numbers, Paige Wall, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by May 23, 2000.
Date of Intended Adoption: No sooner than May 24, 2000.
April 14, 2000
Marie Myerchin-Redifer, Manager
Rules and Policies Assistance Unit
2708.2This section applies to TANF/SFA, RCA, GA, TANF/SFA-related medical and food assistance programs.
(1) Excluded income is income that is not counted when determining a client's eligibility and benefit level. Types of excluded income include but are not limited to:
(a) Bona fide loans as defined in WAC 388-470-0025, except certain student loans as specified under WAC 388-450-0035.
(b) Federal earned income tax credit (EITC) payments;
(c) Title IV-E and state foster care maintenance payments if the foster child is not included in the assistance unit;
(d) Energy assistance payments;
(e) Educational assistance as specified in WAC 388-450-0035;
(f) Native American benefits and payments as specified in WAC 388-450-0040;
(g) Income from employment and training programs as specified in WAC 388-450-0045;
(h) Money withheld from a client's benefit to repay an
overpayment from the same income source. For food assistance,
this exclusion does not apply when the money is withheld to
recover an intentional noncompliance overpayment from a federal,
state, or local means tested program such as TANF/SFA, GA, and
SSI; ((and))
(i) Child support payments received by TANF/SFA recipients; and
(j) Income received from the U.S. Census Bureau as a temporary employee between February 1, 2000 and December 31, 2000.
(2) For food assistance programs, the following income types are excluded:
(a) Emergency additional requirements authorized to TANF/SFA and RCA clients under WAC 388-436-0001 and paid directly to a third party;
(b) Cash donations based on need received directly by the household if the donations are:
(i) Made by one or more private, nonprofit, charitable organizations; and
(ii) Do not exceed three hundred dollars in any federal fiscal year quarter.
(c) Infrequent or irregular income, received during a three-month period by a prospectively budgeted assistance unit, that:
(i) Cannot be reasonably anticipated as available; and
(ii) Does not exceed thirty dollars for all household members.
(3) All income that is not excluded is considered to be part of an assistance unit's gross income.
(4) For food assistance households not containing an elderly or disabled member, the assistance unit is ineligible if its gross income exceeds one hundred thirty percent of the federal poverty level as specified in WAC 388-478-0060.
(5) Disregarded income is income that is counted when determining an assistance unit's gross income but is not used when determining an assistance unit's countable income. Types of disregarded income include but are not limited to:
(a) Earned income incentives and disregards for cash assistance; and
(b) Earned income disregard and income deductions for food assistance.
[Statutory Authority: RCW 74.08.090 and 74.04.510. 99-17-025, § 388-450-0015, filed 8/10/99, effective 10/1/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-450-0015, filed 7/31/98, effective 9/1/98. Formerly WAC 388-505-0590.]