WSR 02-16-033



(Economic Services Administration)

[ Filed July 29, 2002, 3:35 p.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: WAC 388-450-0106 How does the department count my income if someone in my family cannot get assistance because of their alien status?

Purpose: This rule explains how we treat the income of people who have family members that cannot receive assistance because of their alien status.

Statutory Authority for Adoption: RCW 74.08.090 and 74.04.510.

Statute Being Implemented: RCW 74.08.090 and 74.04.510.

Summary: These rules are being modified to reflect the new federal regulations (45 C.F.R. 400.59) that require the department to exclude payments from the United States Department of State or Department of Justice reception and replacement programs.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Veronica Barnes, DEAP, P.O. Box 45400, 1000 College Street S.E., Lacey, WA 98503, (360) 413-3071.

Name of Proponent: Department of Social and Health Services, governmental.

Rule is necessary because of federal law, 45 C.F.R. 400.59.

Explanation of Rule, its Purpose, and Anticipated Effects: The department will now use the same income calculations for refugee cash assistance (RCW) as it does for temporary assistance for needy families (TANF).

This proposed rule-making notice has been filed without prior filing of a CR-101 preproposal statement of inquiry per RCW 34.05.310. The proposed rule is exempt from filing a CR-101 under RCW 34.05.310 (4)(c). This section does not apply to rules adopting or incorporating by reference without material change federal statutes or regulations..." Interested parties have had the opportunity to participate in the development of this proposed rule. Draft rules were circulated to interested parties for review and comment prior to filing a proposed rule-making notice.

Proposal Changes the Following Existing Rules: WAC 388-450-0106, now allows a 50% disregard from the earnings of the ineligible alien.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule does not have an economic impact on small businesses. It only affects DSHS clients' eligibility for benefits.

RCW 34.05.328 does not apply to this rule adoption. This rule does not fit the definition of a significant legislative rule, and is exempt under RCW 34.05.328 (5)(b)(vii), "This section does not apply to... rules of the department of social and health services relating only to client medical or financial eligibility and rules concerning liability for care of dependents." The proposed rule only affects client financial eligibility for benefits.

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

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by September 6, 2002, phone (360) 664-6094, TTY (360) 664-6178, e-mail

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, by 5:00 p.m., September 10, 2002.

Date of Intended Adoption: Not earlier than September 11, 2002.

July 25, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

AMENDATORY SECTION(Amending WSR 99-16-024, filed 7/26/99, effective 9/1/99)

WAC 388-450-0106   ((Allocating the)) How does the department count my income ((of a financially responsible person included in the)) if someone in my family cannot get assistance ((unit to household members excluded)) because of their alien status((.))?   This section applies to TANF/SFA, RCA, and RMA ((and TANF/SFA-related medical programs)). We count your income differently if you are applying for medical assistance only. See WAC 388-408-0055.

((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:

(1) ((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;

(2) ((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.]

Washington State Code Reviser's Office