EMERGENCY RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
(Division of Assistance Programs)
Date of Adoption: June 19, 2000.
Purpose: Amend WAC 388-400-0015 General assistance for children -- Summary of eligibility requirements, to remove statement that child support received by a client receiving GA-H is considered the child's unearned income.
Citation of Existing Rules Affected by this Order: Amending WAC 388-400-0015 General assistance for children -- Summary of eligibility requirements.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.057, EHB 2487 as passed by the 56th legislature of the state of Washington.
Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.
Reasons for this Finding: A provision in section 208(2) of EHB 2487 as passed by the 56th legislature of the state of Washington requires the department to begin using funds from the temporary assistance for needy families (TANF) program to provide income assistance to children with court-ordered guardians and court-ordered custodians beginning July 1, 2000. Children with court-ordered guardians or court-ordered custodians receive benefits under the general assistance for children program (GA-H).
In order to use TANF funds for the GA-H program, the department must change WAC 388-400-0015 so child support received for GA-H clients is no longer counted as unearned income. Clients receiving GA-H currently assign rights of child support to DSHS. When the GA-H benefits are paid with TANF funds, the Division of Child Support will collect and keep the child support under WAC 388-14-200. The rule change of WAC 388-400-0015 is necessary to meet the legislature's requirements while not counting child support that clients will no longer receive as income when determining a client's eligibility and benefits.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.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 1, Repealed 0. Effective Date of Rule: July 1, 2000.
June 19, 2000
Marie Myerchin-Redifer
Manager
2773.1(1) To be eligible for general assistance for children (GA-H), a child must:
(a) Live with a court-appointed legal guardian or court appointed permanent custodian as required under chapter 388-454 WAC;
(b) Meet the general assistance citizenship/alien status requirements under WAC 388-424-0005(3);
(c) Be in financial need according to temporary assistance
for needy families (TANF) income and resource rules in chapters
388-450, 388-470 and 388-488 WAC((, except that child support
received is considered the child's unearned income)); and
(d) Meet all other requirements of a child eligible for TANF except citizenship/alien status and requirements to:
(i) Live with a relative of specified degree; and
(ii) Participate in WorkFirst activities if not in school.
(2) A child is not eligible for GA-H if:
(a) The child is eligible for or receives TANF or Supplemental Security Income (SSI); or
(b) The child or the child's caretaker has refused or failed to cooperate in obtaining TANF or SSI on behalf of the child.
(3) A GA-H assistance unit is established as specified in WAC 388-408-0010.
(4) The child's custodian or payee is the GA-H grant payee.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-400-0015, filed 7/31/98, effective 9/1/98.]