PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
Supplemental Notice to WSR 00-20-048.
Preproposal statement of inquiry was filed as WSR 00-16-112.
Title of Rule: WAC 388-222-020 Diversion cash assistance payments, 388-222-010 Diversion cash assistance (DCA), 388-222-001 Definitions, and 388-432-0005 Can I get help from DSHS for a family emergency without receiving monthly cash assistance?
Purpose: The purpose of this supplemental is to repeal WAC 388-222-020, 388-222-010, and 388-222-001. A section on diversion cash assistance was not included in the Eligibility A-Z Manual. We have migrated the three rules for diversion cash assistance into WAC 388-432-0005 that will be included in the Eligibility A-Z Manual. The new WAC will be easily available to clients, field staff, and the general public. Repealing the three WACs mentioned above will remove redundancy.
Statutory Authority for Adoption: RCW 74.08.090, 74.04.050.
Statute Being Implemented: RCW 74.08.090, 74.04.050.
Summary: This rule repeals the existing rules for diversion cash assistance as it is migrated into a single new WAC.
Reasons Supporting Proposal: This rule is rewritten with the intention to be clearer for clients. It will also be easily available to clients, field staff and the general public in the Eligibility A-Z Manual.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Lisa Yanagida, DAP, 1009 College Street, Mailstop 45470, Lacey, WA 98504, (360) 413-3104.
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: A section on diversion cash assistance was not included in the Eligibility A-Z Manual. The purpose of this rule is to repeal the existing three WACs on diversion cash assistance and migrate the rules to a single WAC chapter that will be included in the Eligibility A-Z Manual.
Proposal Changes the Following Existing Rules: WAC 388-432-0005. We have rewritten the rule with the intention to be clearer for clients.
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: Blake Office Building East, 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on January 3, 2001, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Kelly Cooper by December 26, 2000, phone (360) 664-6094, TTY (360) 664-6178, e-mail coopekd@dshs.wa.gov.
Submit Written Comments to: Identify WAC Numbers, Kelly Cooper, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by January 3, 2001.
Date of Intended Adoption: No sooner than January 4, 2001.
November 14, 2000
Marie Myerchin-Redifer, Manager
Rules and Policies Assistance Unit
2863.2DSHS has a program called diversion cash assistance (DCA). If your family needs an emergency cash payment but does not need ongoing monthly cash assistance, you may be eligible for this program.
(1) To get DCA, you must:
(a) Meet all the eligibility rules for temporary assistance for needy families (TANF)/state family assistance (SFA) except:
(i) You do not have to participate in WorkFirst requirements as defined in chapter 388-310 WAC; and
(ii) You do not have to assign child support rights or cooperate with division of child support as defined in chapter 388-422 WAC.
(b) Have a bona fide or approved need that you have now for living expenses;
(c) Provide proof that your need exists; and
(d) Have or will get enough income or resources to support yourselves for at least twelve months.
(2) You may get DCA to help pay for one or more of the following needs:
(a) Child care;
(b) Housing;
(c) Transportation;
(d) Expenses to get or keep a job;
(e) Food costs, but not if an adult member of your family has been disqualified for food stamps; or
(f) Medical costs, except when an adult member of your family is not eligible because of failure to provide third party liability (TPL) information as defined in WAC 388-505-0540.
(3) DCA payments are limited to:
(a) One thousand five hundred dollars once in a twelve-month period which starts with the month the DCA benefits begin; and
(b) The cost of your need.
(4) DCA payments can be paid:
(a) All at once; or
(b) As separate payments over a thirty-day period. The thirty-day period starts with the date of your first DCA payment.
(5) We will not budget your income or make you use your resources to lower the amount of DCA payments you can receive.
(6) When it is possible, we will pay your DCA benefit directly to the service provider.
(7) You are not eligible for DCA if:
(a) Any adult member of your assistance unit got DCA within the last twelve months;
(b) Any adult member of your assistance unit gets TANF/SFA;
(c) Any adult member of your assistance unit is not eligible for cash assistance for any reason unless one parent in a two-parent-assistance unit is receiving SSI; or
(d) Your assistance unit does not have a needy adult (such as when you do not receive TANF/SFA payment for yourself but receive it for the children only).
(8) If you apply for DCA after your TANF/SFA grant has been terminated, we will consider you an applicant for DCA.
(9) If you apply for TANF/SFA and you received DCA less than twelve months ago:
(a) We will set up a DCA loan.
(i) The amount of the loan is one-twelfth of the total DCA benefit times the number of months that are left in the twelve-month period.
(ii) The first month begins with the month DCA benefits began.
(b) We will collect the loan by taking five percent of your TANF/SFA grant each month.
(10) If you stop getting TANF/SFA before you have repaid the loan, we will stop collecting the loan unless you get back on TANF/SFA.
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2885.1 The following sections of the Washington Administrative Code are repealed:
| WAC 388-222-001 | Definitions. |
| WAC 388-222-010 | Diversion cash assistance (DCA). |
| WAC 388-222-020 | Diversion cash assistance payments. |