WSR 04-11-084



(Economic Services Administration)

[ Filed May 18, 2004, 4:49 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-07-085.

Title of Rule: Income from the community jobs program, WAC 388-450-0050 How does your participation in the community jobs (CJ) program affect your cash assistance and Basic Food benefits?

Purpose: The proposed amendment will simplify the language to define what subsidized and unsubsidized income is for community jobs and how each affects Basic Food and TANF/SFA benefits. This distinction simplifies how the field staff budgets the income from community jobs.

Statutory Authority for Adoption: RCW 74.08.090, 74.04.050, 78.08A.340.

Statute Being Implemented: RCW 74.08.090, 74.04.050, 74.04.057, and 78.08A.340.

Summary: The proposed rule defines the difference between subsidized and unsubsidized income in community jobs and how each affects TANF/SFA and Basic Food assistance benefits.

Reasons Supporting Proposal: This change is necessary to accurately use the different incomes in community jobs for determining benefit levels for TANF/SFA and Basic Food assistance and to provide an incentive to parents on TANF/SFA to participate in community jobs.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Ian Horlor, 1009 College S.E., Lacey, WA 98504, (360) 413-3247.

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: See Title of Rule, Purpose, Summary, and Reasons Supporting Proposal above.

Proposal Changes the Following Existing Rules: See Title of Rule, 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 June 22, 2004, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by June 18, 2004, 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., June 22, 2004.

Date of Intended Adoption: Not earlier than June 23, 2004.

May 14, 2004

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

AMENDATORY SECTION(Amending WSR 03-06-095, filed 3/4/03, effective 5/1/03)

WAC 388-450-0050   How ((are)) does your participation in the community jobs (CJ) program affect your cash assistance and Basic Food benefits ((determined when you are participating in the community jobs (CJ) program))?   (1) There are two different ((kinds of)) types of income in the community jobs program. They are:

(a) ((Classic jobs)) Subsidized, where your wages are ((subsidized by)) paid from TANF or SFA funds; and

(b) ((Career jump)) Unsubsidized, where your wages are paid entirely by your employer ((beginning with the fifth month of your employment)).

(2) We figure your total monthly subsidized or unsubsidized income ((you get from your classic jobs or career jump job)) by:

(a) Estimating the number of hours you, your case manager, and the CJ contractor expect you to work for the month; and

(b) Multiplying the number of hours by the federal or state minimum wage, whichever is higher.

(3) Because you are expected to participate and meet the requirements of CJ, once we determine what your total monthly income is expected to be, we do not change your TANF grant if your actual hours are more or less than anticipated.

(4) We treat the total income we expect you to get each month from your CJ position as:

(a) Earned income for cash assistance, except we do not count any of the CJ income ((you get in)) for the first month ((of your employment)) you receive your paycheck.

(b) Earned income for Basic Food ((if you are a career jump participant that has)) after you have been transferred to your employer's regular unsubsidized payroll ((and your wages are no longer being subsidized)); or

(c) Unearned income for Basic Food while you ((are in)) have subsidized ((employment)) income.

(5) If your anticipated ((classic jobs)) subsidized income is more than your grant amount, your cash grant is suspended. This means that you are still considered ((to be)) a TANF/SFA recipient, but you do not get a grant.

(a) ((The)) Your grant ((suspension)) can be suspended up to a maximum of nine months.

(b) You can keep participating in CJ even though your grant is suspended, as long as you would be eligible for a grant if we did not count your ((classic jobs)) subsidized income((, you can keep participating in CJ even though your grant is suspended)).

(c) The months your grant is suspended do not count toward your sixty-month lifetime limit.

(6) If your unsubsidized income ((from career jump)), after we subtract half of what you have earned is greater than your grant, your TANF/SFA case will close. This happens because your income is over the maximum you are allowed. You will still be able to participate in the CJ program for up to a total of nine months.

(7) If your income from other sources alone, not counting CJ income makes you ineligible for a cash grant, we terminate your grant and end your participation in CJ.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. 03-06-095, 388-450-0050, filed 3/4/03, effective 5/1/03. Statutory Authority: RCW 74.04.050, 74.04.057, 74.04.510. 01-23-044, 388-450-0050, filed 11/15/01, effective 1/1/02. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 99-09-054, 388-450-0050, filed 4/19/99, effective 6/1/99; 98-16-044, 388-450-0050, filed 7/31/98, effective 9/1/98.]

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