WSR 09-15-160

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed July 21, 2009, 12:10 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-11-104.

Title of Rule and Other Identifying Information: The community services division is proposing to amend WAC 388-450-0175 Does the department offer income deduction for the general assistance program as an incentive for clients to work?

Hearing Location(s): Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA 98503 (one block north of the intersection of Pacific Avenue S.E. and Alhadeff Lane. A map or directions are available at http://www1.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6094), on August 25, 2009, at 10:00 a.m.

Date of Intended Adoption: Not earlier than August 26, 2009.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on August 25, 2009.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by August 4, 2009, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at johnsjl4@dshs.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing amendments in order to align the general assistance earned income deductions with RCW 74.04.266 General assistance -- Earned income exemption to be established for unemployable persons, and the earned income incentive offered under the temporary assistance for needy families (TANF) program.

Reasons Supporting Proposal: The changes are necessary to comply with RCW 74.04.266 and ESHB 1244, chapter 564, as passed the legislature in 2009.

Statutory Authority for Adoption: RCW 74.04.266, 74.04.050, 74.04.055, 74.04.057, 74.08.090, 74.04.510 and chapter 564, Laws of 2009 (ESHB 1244).

Statute Being Implemented: RCW 74.04.266, 74.04.050, 74.04.055, 74.04.057, 74.08.090, 74.04.510 and chapter 564, Laws of 2009 (ESHB 1244).

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of social and health services, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Melissa Mathson, 712 Pear Street S.E., Olympia, WA 98503, (360) 725-4563.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These proposed rules do not have an economic impact on small businesses. The proposed amendments only affect DSHS clients by changing the earned income incentives to match the incentives offered under the TANF program.

A cost-benefit analysis is not required under RCW 34.05.328. 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."

July 17, 2009

Stephanie E. Schiller

Rules Coordinator

4127.2
AMENDATORY SECTION(Amending WSR 08-12-031, filed 5/29/08, effective 7/1/08)

WAC 388-450-0175   Does the department offer an income deduction for the general assistance program as an incentive for clients to work?   The department gives ((special)) a deduction((s)) to people who receive income from work while receiving general assistance. The deduction((s apply)) applies to general assistance cash benefits only. We allow the following income deduction((s)) when we determine the amount of your benefits:

(1) ((We subtract eighty-five dollars plus one half of the remainder of your monthly gross earned income as an incentive to employment.

(2) We also subtract an amount equal to twenty percent of your gross earned income to allow for work expenses)) We only count fifty percent of your monthly gross earned income. We do this to encourage you to work.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090, and Title 45 C.F.R., Part 261.2 as published in Federal Register on June 29, 2006. 08-12-031, 388-450-0175, filed 5/29/08, effective 7/1/08. Statutory Authority: RCW 74.04.005, 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 74.08.090. 06-07-078, 388-450-0175, filed 3/13/06, effective 5/1/06. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-450-0175, filed 7/31/98, effective 9/1/98.]

Washington State Code Reviser's Office