WSR 10-10-073



(Economic Services Administration)

[ Filed May 3, 2010, 8:34 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 10-06-061.

     Title of Rule and Other Identifying Information: The community services division is proposing to amend WAC 388-450-0050 How does your participation in the community jobs (CJ) program affect your cash assistance and Basic Food benefits?

     Hearing Location(s): Office Building 2, Auditorium, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at

or by calling (360) 664-6094), on June 8, 2010, at 10:00 a.m.

     Date of Intended Adoption: No earlier than June 9, 2010.

     Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail, fax (360) 664-6185, by 5 p.m. on June 8, 2010.

     Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by May 25, 2010, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed amendment will change the treatment of CJ income budgeting from unearned income to earned income.

     Reasons Supporting Proposal: The amendment will be consistent with the USDA Food and Nutrition Service (FNS) Administrative Notice 10-27 Treatment of TANF-Funded Subsidized Employment Income published April 9, 2010.

     Statutory Authority for Adoption: RCW 74.08.090, 74.04.050, 74.08A.340, 74.04.055, 74.04.057, 74.04.500, 74.04.510.

     Statute Being Implemented: RCW 74.08.090, 74.04.050, 74.08A.340, 74.04.055, 74.04.057, 74.04.500, 74.04.510.

     Rule is necessary because of federal law, Title 7 C.F.R. § 273.9 Income and deductions.

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

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Holly St. John, P.O. Box 45470, Olympia, WA 98504-5470, (360) 725-4895.

     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.

     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."

April 27, 2010

Katherine I. Vasquez

Rules Coordinator

AMENDATORY SECTION(Amending WSR 04-14-043, filed 6/29/04, effective 7/1/04)

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

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

     (b) Unsubsidized, where your wages are paid entirely by your employer.

     (2) We figure your total monthly subsidized or unsubsidized income 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 for the first month you receive your paycheck.

     (b) Earned income for Basic Food ((after you have been transferred to your employer's regular unsubsidized payroll; or

     (c) Unearned income for Basic Food while you have subsidized income)) for all months.

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

     (a) Your grant 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 subsidized income.

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

     (6) If your unsubsidized income, 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 74.08.090, 74.04.050, 74.08A.340. 04-14-043, § 388-450-0050, filed 6/29/04, effective 7/1/04. 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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