WSR 02-07-112

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed March 20, 2002, 10:26 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 01-23-066.

Title of Rule: Amending WAC 388-310-0800 WorkFirst support services.

Purpose: The proposed amendments will reduce the program cost of support services.

Statutory Authority for Adoption: RCW 74.08.090, 74.04.050, and 74.08A.340.

Statute Being Implemented: RCW 74.08.090, 74.08A.340, 74.04.050, and WSR 99-14-043.

Summary: In order to reduce the cost of support services, the rule is being amended. The following changes will increase the efficiency of support services while maintaining program integrity. The tools and license allowance is no longer per request but only available once a program year. A new category, transportation allotment, is being added giving set amounts of transportation support per month. Lastly, if a client gets diversion cash assistance prior to the second payment of their early exit bonus it will disqualify the client from the second $500 payment.

Reasons Supporting Proposal: To make support services program as efficient as possible while maintaining program integrity.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Ian Horlor, Lacey Government Center, (360) 413-3247 and Elise Rowe, ESD Woodland Square, (360) 438-4066.

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: In order to reduce the cost of support services, the rule is being amended. The following changes will increase the efficiency of support services while maintaining program integrity. The tools and license allowance is no longer per request but only available once a program year. A new category, transportation allotment, is being added giving set amounts of transportation support per month. Lastly, if a client gets diversion cash assistance prior to the second payment of their early exit bonus it will disqualify the client from the second $500 payment.

Proposal Changes the Following Existing Rules: Clients who need tools and licenses to support their work efforts will now only be able to get support services for these expenses once per year. The new category of support services, transportation allotments, will allow clients to get set amounts of transportation support each month. If a client chooses to get diversion cash assistance before they have received their second early exit bonus of $500 they will no longer be eligible for the second half of their early exit bonus.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not affect small businesses.

RCW 34.05.328 does not apply to this rule adoption. The rule is exempt under RCW 34.05.328 (5)(b)(vii).

Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on April 23, 2002, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by April 19, 2002, phone (360) 664-6094, TTY (360) 664-6178, e-mail fernaax@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, e-mail fernaax@dshs.wa.gov, by 5:00 p.m., April 23, 2002.

Date of Intended Adoption: No earlier than April 24, 2002.

March 14, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3046.1
AMENDATORY SECTION(Amending WSR 01-17-053, filed 8/13/01, effective 9/1/01)

WAC 388-310-0800   WorkFirst--Support services.   (1) Who can get support services?

People who can get support services include:

(a) WorkFirst participants who receive a TANF cash grant;

(b) Sanctioned WorkFirst participants during the two-week participation before the sanction is lifted;

(c) Unmarried or pregnant minors who are income eligible to receive TANF and are:

(i) Living in a department approved living arrangement (WAC 388-486-0005) and are meeting the school requirements (WAC 388-486-0010); or

(ii) Are actively working with a social worker and need support services to remove the barriers that are preventing them from living in a department approved living arrangements and/or meeting the school requirements.

(d) Former WorkFirst recipients who are working at least twenty hours or more per week for up to one year after leaving TANF if they need support services to meet a temporary emergency. This can include up to four weeks of support services if they lose a job and are looking for another one (see also WAC 388-310-1800); or

(e) American Indians who receive a TANF cash grant and have identified specific needs due to location or employment.

(2) Why do I receive support services?

Although not an entitlement, you may receive support services for the following reasons:

(a) To help you participate in work and WorkFirst activities that lead to independence.

(b) To help you to participate in job search, accept a job, keep working, advance in your job and/or increase your wages.

(c) You can also get help in paying your child care expenses through the working connections child care assistance program. (Chapter 388-290 WAC describes the rules for this child care assistance program.)

(3) What type of support services may I receive and what limits apply?

There is a limit of three thousand dollars per person per program year (July 1st to June 30th) for WorkFirst support services you may receive. Most types of support services have dollar limits.

The chart below shows the types of support services that are available for the different activities (as indicated by an "x") and the limits that apply.

Definitions:

Work-related activities include looking for work or participating in workplace activities, such as community jobs or a work experience position.

Safety-related activities include meeting significant or emergency family safety needs, such as dealing with family violence. When approved, safety-related support services can exceed the dollar or category limits listed below.

Some support services are available if you need them for other required activities in your IRP.

Type of support service

Limit

Work

Safety

Other

Reasonable accommodation for employment $1,000 for each request x
Clothing/uniforms $200 per adult per program year x
Diapers $50 per child per month x
((Employer reimbursement)) ((Reimburse 50 percent of employer costs during on-the-job training)) ((x))
Haircut $40 per each request x
Lunch Same rate as established by OFM for state employees x
Personal hygiene $50 per adult per program year x
Professional, trade, association, union and bonds $300 for each fee x
Relocation related to employment (can include rent, housing, and deposits) $1,000 per program year x
Short-term lodging and meals in connection with job interviews/tests Same rate as established by OFM for state employees x
Tools/equipment $500 ((for each request)) per program year x
Car repair needed to restore car to operable condition $500 per program year x x
License/fees/liability insurance $600 per ((each license, fee or liability insurance request per)) program year x x
Mileage, transportation, and/or public transportation Same rate as established by OFM for state employees x x
Transportation allotment Up to:

$10 for immediate need, or

$20 twice a month if you live within 40 miles of your local WorkFirst office, or

$30 twice a month if you live more than 40 miles from your local WorkFirst office.

x x
Counseling No limit x x x
Educational expenses $300 for each request if it is an approved activity in your IRP and you do not qualify for sufficient student financial aid to meet the cost x x
Medical exams (not covered by Medicaid) $150 per exam x x x
Public transportation $150 per month x x x
Testing-diagnostic $200 each x x x

(4) What are the other requirements to receive support services?

Other restrictions on receiving support services are determined by the department or its agents. They will decide what support services you receive, as follows:

(a) It is within available funds; and

(b) It does not assist, promote, or deter religious activity; and

(c) There is no other way to meet the cost.

(5) What is a transitional work expense?

(a) A transitional work expense is a special type of support services that is only paid once in a lifetime. It is authorized in two payments of five hundred dollars to cover your work expenses and help you exit TANF sooner and stay off of assistance longer. The first payment is made in the month after your TANF grant closes if you can show you have a plan for staying employed and off of TANF. ((The second payment is paid if you are still employed and off of TANF three months later.))

(b) To qualify for the first transitional work expense payment of five hundred dollars, you must also meet the following conditions:

(i) You are in unsubsidized employment; or

(ii) You are in subsidized employment that does not use TANF funds or does not end with your TANF grant; and

(iii) You are in the assistance unit and getting a TANF/SFA grant of one hundred dollars or less a month; and

(iv) Neither you or anyone else in your assistance unit is in sanction status; and

(v) You voluntarily stop getting your TANF/SFA grant.

(c) To qualify for the second payment of five hundred dollars you must meet the following conditions:

(i) Have not received a TANF/SFA grant or diversion cash assistance (DCA) for three months after you stopped your TANF/SFA grant; and

(ii) Are still employed.

(6) What happens to my support services if I do not participate as required?

The department will give you ten days notice, following the rules in WAC 388-310-1600, then discontinue your support services until you participate as required.

[Statutory Authority: RCW 74.08.090, 74.04.050, 78.08A.340, 74.04.050, and [WSR] 99-14-043. 01-17-053, 388-310-0800, filed 8/13/01, effective 9/1/01. Statutory Authority: RCW 74.08.090, 74.04.050, and 78.08A.340. 00-13-106, 388-310-0800, filed 6/21/00, effective 7/1/00. Statutory Authority: RCW 74.08.090 and 74.04.050. 99-14-043, 388-310-0800, filed 6/30/99, effective 7/31/99; 97-20-129, 388-310-0800, filed 10/1/97, effective 11/1/97.]

Washington State Code Reviser's Office