SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
Date of Adoption: June 26, 2002.
Purpose: The purpose of this rule is to explain how we treat the income of people who have family members that cannot receive assistance because of their alien status.
Citation of Existing Rules Affected by this Order: Amending WAC 388-450-0106.
Statutory Authority for Adoption: RCW 74.08.090 and 74.04.510.
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: Immediate implementation of these rules is necessary in order to comply with federal regulations (45 C.F.R. chapter II). If we do not implement this rule, needy clients could receive incorrect benefits, thereby exposing the department to potential federal sanctions.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making:
Pilot Rule Making:
or Other Alternative Rule Making:
Effective Date of Rule: Immediately.
June 26, 2002
Brian H. Lindgren, Manager
Rules and Policies Assistance Unit3090.2
When a)) If you are included in the assistance unit and
you are financially responsible (( person)) for someone, as
defined in WAC 388-450-0100(( (3), is included in the assistance
unit, that person's income is allocated to household members who
are excluded from the assistance unit because of their alien
status, as defined in WAC 388-450-0100 (4)(a), after allowing the
following deductions)), who does not meet the alien requirements
described in WAC 388-424-0005, we do not count all of your
income. We subtract some of it so that you can use that part to
help support the people who cannot get assistance. To figure out
how much we count, we take the following seven steps:
The)) We start by only counting fifty percent of your
earned income (( incentive for TANF/SFA assistance units or the
ninety dollar work expense deduction for RCA assistance units, if
the income is earned)), as defined in WAC 388-450-0030;
An amount equal to)) We add all of your unearned
income, as defined in WAC 388-450-0025.
(3) We subtract the difference between the following payment standards (payment standards can be found in WAC 388-478-0020):
(a) One that ((
would include the)) includes both eligible
assistance unit members and those (( individuals excluded from the
assistance unit)) who cannot get assistance because of their
alien status; and
(b) One that includes only the eligible assistance unit members.
(3))) (4) We subtract the payment standard (( amount equal
to)) for the number of people who are ineligible (( persons)) for
reasons other than alien status, as defined in WAC 388-450-0100
(4)(b) through (f)(( ;
(4) An amount not to exceed the need standard, as defined in WAC 388-478-0015, for)).
(5) We subtract any court or administratively ordered
current or back)) child support (( paid)) you pay for legal
dependents(( ; and
(5) The)). This includes both current and back support. The amount cannot be more than the need standard in WAC 388-478-0015 for the number of dependents.
(6) We subtract any employment-related child care expenses
for which the household is liable)) you have.
(7) Then, we count whatever is left as unearned income.
[Statutory Authority: RCW 74.08.090 and 74.04.510. 99-16-024, § 388-450-0106, filed 7/26/99, effective 9/1/99. Statutory Authority: RCW 74.04.005 and 74.08.090. 98-24-037, § 388-450-0106, filed 11/24/98, effective 12/25/98.]