WSR 03-23-111



(Economic Services Administration)

[ Filed November 18, 2003, 4:06 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-18-100 on September 2, 2003.

Title of Rule: WAC 388-450-0170 TANF/SFA earned income incentive and deduction.

Purpose: This change is necessary because the dependent care maximum deductions were listed under the wrong age group in error. The deduction for children two years of age and under is more than the deduction for children over two years of age. This proposed rule is to correct the error.

Statutory Authority for Adoption: RCW 74.08.090, 74.04.050, 74.04.055, 74.04.057.

Statute Being Implemented: None, RCW 74.08.090, 74.04.050, 74.04.055, 74.04.057.

Summary: Correcting benefit amount errors in WAC 388-450-0170.

Reasons Supporting Proposal: Correcting the benefit amounts in this WAC will give the public correct information.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Patti Clark, 1009 College S.E., Lacey, WA 98504, (360) 413-3084.

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: Rule: WAC 388-450-0170 TANF/SFA earned income incentive and deduction.

Purpose and Effect: See Purpose, Summary, and Reasons Supporting Proposal above.

Proposal Changes the Following Existing Rules: See Purpose, Summary, and Reasons Supporting Proposal above.

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. These amendments are exempt as allowed under RCW 34.05.328 (5)(b)(vii) which states in-part, "[t]his 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."

Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on December 23, 2003, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by December 19, 2003, 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, mail to P.O. Box 45850, Olympia, WA 98504-5850, deliver to 4500 10th Avenue S.E., Lacey, WA, fax (360) 664-6185, e-mail, by 5:00 p.m., December 23, 2003.

Date of Intended Adoption: Not earlier than December 24, 2003.

November 14, 2003

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

AMENDATORY SECTION(Amending WSR 02-17-030, filed 8/12/02, effective 9/12/02)

WAC 388-450-0170   TANF/SFA earned income incentive and deduction.   This section applies to TANF/SFA, RCA, and medical programs for children, pregnant women, and families except as specified under WAC 388-450-0210.

(1) If a client works, the department only counts some of the income to determine eligibility and benefit level.

(2) We only count fifty percent of your monthly gross earned income. We do this to encourage you to work.

(3) If you pay for care before we approve your benefits, we subtract the amount you pay for those dependent children or incapacitated adults who get cash assistance with you.

(a) The amount we subtract is:

(i) Prorated according to the date you are eligible for benefits;

(ii) Cannot be more than your gross monthly income; and

(iii) Cannot exceed the following for each dependent child or incapacitated adult:

Dependent Care Maximum Deductions
Hours Worked Per Month Child ((Under)) Two Years of Age & Under Child Over Two Years of Age or Incapacitated Adult
0 - 40 $ ((43.75)) 50.00 $ ((50.00)) 43.75
41 - 80 $ ((87.50)) 100.00 $ ((100.00)) 87.50
81 - 120 $ ((131.25)) 150.00 $ ((150.00)) 131.25
121 or More $ ((175.00)) 200.00 $ ((200.00)) 175.00

(b) In order to get this deduction:

(i) The person providing the care must be someone other than the parent or stepparent of the child or incapacitated adult; and

(ii) You must verify the expense.

[Statutory Authority: RCW 74.08.090, 74.08A.100, 74.09.080, and 74.09.415. 02-17-030, 388-450-0170, filed 8/12/02, effective 9/12/02. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-450-0170, filed 7/31/98, effective 9/1/98.]

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