WSR 11-11-009

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed May 6, 2011, 11:22 a.m. , effective May 8, 2011 ]


     Effective Date of Rule: May 8, 2011.

     Purpose: The department is extending the emergency rule filed as WSR 11-03-018 amending by emergency adoption WAC 388-478-0020, 388-478-0035, and 388-436-0050.

     This rule filing retains a reduction of fifteen percent to:


• TANF, SFA, RCA, CEAP payment standards; and
• The maximum gross earned income limit.

     These changes are necessary to address a growing WorkFirst budget shortfall, driven by increased demand for services by families affected by the economic recession as described [in the] "WorkFirst Reductions" announcement dated December 17, 2010.

     The department continues the emergency rule filed as WSR 11-03-018 while the department continues the permanent rule-making process. The department filed a "preproposal statement of inquiry" in [on] January 5, 2011, as WSR 11-02-068; and plans to file a "proposed rule making" (CR-102) notice mid May.

     Citation of Existing Rules Affected by this Order: Amending WAC 388-478-0020, 388-478-0035, and 388-436-0050.

     Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.660, and 74.08.090.

     Under RCW 34.05.350 the agency for good cause finds that in order to implement the requirements or reductions in appropriations enacted in any budget for fiscal years 2009, 2010, or 2011, which necessitates the need for the immediate adoption, amendment, or repeal of a rule, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the fiscal needs or requirements of the agency.

     Reasons for this Finding: The department needs to make further reductions to TANF-related programs in order to achieve a balanced WorkFirst budget for the current fiscal year (which ends June 30, 2011) and the 2011-13 biennium (which begins July 1, 2011). This shortfall is the result of increased demand for TANF benefits due to the economic recession. In the last two years, the WorkFirst caseload has grown by more than thirty percent, from 51,106 cases in July 2008 to 66,634 cases in June of this year.

     In September 2010, the governor directed agencies to implement cuts by October 1 to avoid running out of state general funds to address a growing WorkFirst budget shortfall. In particular, the Governor's Executive Order 10-04 (Ordering Expenditure Reductions in Allotments of State General Fund Appropriations), signed on September 13, 2010, found that:


• Revenues have fallen short of projections;
• The current official state economic and revenue forecast of general fund revenues is less than the official estimate upon which the state's 2009-2011 biennial operating budget and supplemental operating budget were enacted; and
• The anticipated revenues combined with the beginning cash balance of the general fund are insufficient to meet anticipated expenditures from this fund for the remainder of the current fiscal period.

     Accordingly, the governor ordered across-the-board reductions of state general fund allotments by 6.287 percent, effective October 1, 2010.

     In November 2010, the departments announced further reductions to keep the WorkFirst budget in balanced [balance]. The projected WorkFirst deficit reached approximately $82 million for current fiscal year and $225 million for the next biennium.

     In December 2010:


• During December 11, 2010, special session, HB 3225 approved by legislature modified appropriations for the 2009-11 operating budget. The state general fund appropriations were reduced by $490.4 million, while the total budgeted amount was reduced by $336.5 million. The department appropriations included a reduction of $856,000 GF-S for the remaining of SFY 2011.
• December 15, 2010, Governor Gregoire announced proposed 2011-2013 budget cuts needed to close an additional $4.6 billion projected shortfall in the next state fiscal biennium, and proposed eliminating or restructuring many state programs, agencies, boards and commissions. "We face unprecedented times," the governor said. "Few alive today have witnessed a recession of this magnitude and length." See the governor's proposed budget for SFY 2011-2013 at this link http://www.governor.wa.gov/priorities/budget/press_packet.pdf.

     The timing of the proposed budget reductions will lessen the adverse impact on families. If immediate budget reductions are not realized, the department will have to make additional cuts in the future to TANF/WorkFirst assistance programs to stay within budget. Additional cuts could include greater reduction in services than those currently proposed, and/or eliminating benefits rather than reducing them. These reductions would have a much greater detrimental effect on vulnerable families with children in need.

     This filing continues the emergency rule filed January 7, 2011, as WSR 11-03-018 while the department continues the permanent rule-making process. The department filed January 5, 2011, the preproposal statement of inquiry as WSR 11-02-068; and plans to file a "proposed rule making" (CR-102) notice mid May.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 3, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 3, Amended 0, Repealed 0.

     Date Adopted: May 2, 2011.

Katherine I. Vasquez

Rules Coordinator

4266.1
AMENDATORY SECTION(Amending WSR 09-14-040, filed 6/24/09, effective 7/25/09)

WAC 388-436-0050   Determining financial need and benefit amount for CEAP.   (1) To be eligible for CEAP assistance, the assistance unit's nonexcluded income, minus allowable deductions, must be less than ninety percent of the TANF payment standard for households with shelter costs. The net income limit for CEAP assistance units is:


Assistance

Unit Members

 Net Income Limit
1 $ ((323)) 275
2 ((407)) 346
3 ((505)) 429
4 ((594)) 505
5 ((685)) 582
6 ((779)) 662
7 ((900)) 762
8 or more ((996)) 847

     (2) The assistance unit's allowable amount of need is the lesser of:

     (a) The TANF payment standard, based on assistance unit size, for households with shelter costs as specified under WAC 388-478-0020; or

     (b) The assistance unit's actual emergent need, not to exceed maximum allowable amounts, for the following items:

Need Item: Maximum allowable amount by assistance unit size:

1 2 3 4 5 6 7 8 or more
Food $((217)) 184 $((276)) 235 $((341)) 290 $((402)) 342 $((463)) 394 $((526)) 447 $((600)) 510 $((664)) 564
Shelter ((265)) 225 ((334)) 284 ((416)) 354 ((490)) 417 ((564)) 479 ((639)) 543 ((740)) 629 ((818)) 695
Clothing ((31))

26

 ((39))

33

 ((48))

41

 ((57))

48

 ((65))

55

 ((75))

64

 ((85))

72

 ((96))

82
Minor Medical Care ((184))

156

 ((234))

199

 ((290))

247

 ((341)) 290 ((393)) 334 ((444)) 377 ((516)) 439 ((570)) 485
Utilities ((89))

76

 ((113))

96

 ((140)) 119 ((164)) 139 ((189)) 161 ((216)) 184 ((250)) 213 ((276)) 235
Household maintenance ((65))

55

 ((83))

71

 ((103))

88

 ((121)) 103 ((140)) 119 ((159)) 135 ((183)) 156 ((202)) 172
Job related transportation ((359)) 305 ((453)) 385 ((562)) 478 ((661)) 562 ((762)) 648 ((866)) 736 ((1000)) 850 ((1107)) 941
Child related transportation ((359)) 305 ((453)) 385 ((562)) 478 ((661)) 562 ((762)) 648 ((866)) 736 ((1000)) 850 ((1107)) 941

     (3) The assistance unit's CEAP payment is determined by computing the difference between the allowable amount of need, as determined under subsection (2) of this section, and the total of:

     (a) The assistance unit's net income, as determined under subsection (1) of this section;

     (b) Cash on hand, if not already counted as income; and

     (c) The value of other nonexcluded resources available to the assistance unit.

     (4) The assistance unit is not eligible for CEAP if the amount of income and resources, as determined in subsection (3) of this section, is equal to or exceeds its allowable amount of need.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.660. 09-14-040, § 388-436-0050, filed 6/24/09, effective 7/25/09. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, and 74.08.090. 08-18-009, § 388-436-0050, filed 8/22/08, effective 9/22/08; 98-16-044, § 388-436-0050, filed 7/31/98, effective 9/1/98.]


AMENDATORY SECTION(Amending WSR 08-16-105, filed 8/5/08, effective 9/5/08)

WAC 388-478-0020   Payment standards for TANF, SFA, and RCA.   (1) The payment standards for temporary assistance for needy families (TANF), state family assistance (SFA), and refugee cash assistance (RCA) assistance units with obligations to pay shelter costs are:


Assistance Unit Size Payment Standard Assistance Unit Size Payment Standard
1 $((359)) 305 6 $((866)) 736
2 ((453))

385

 7 ((1,000)) 850
3 ((562))

478

 8 ((1,107)) 941
4 ((661))

562

 9 ((1,215)) 1,033
5 ((762))

648

 10 or more ((1,321)) 1,123

     (2) The payment standards for TANF, SFA, and RCA assistance units with shelter provided at no cost are:


Assistance Unit Size Payment Standard Assistance Unit Size Payment Standard
1 $((218))

185

 6 $((526))

447
2 ((276))

235

 7 ((608))

517
3 ((341))

290

 8 ((673))

572
4 ((402))

342

 9 ((739))

628
5 ((464))

394

 10 or more ((803))

683

[Statutory Authority: RCW 74.04.050, 74.04.055, and 2008 c 329 § 207 (1)(e). 08-16-105, § 388-478-0020, filed 8/5/08, effective 9/5/08. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-478-0020, filed 7/31/98, effective 9/1/98. Formerly WAC 388-507-0710.]


AMENDATORY SECTION(Amending WSR 08-16-105, filed 8/5/08, effective 9/5/08)

WAC 388-478-0035   Maximum earned income limits for TANF, SFA and RCA.   To be eligible for temporary assistance for needy families (TANF), state family assistance (SFA), or refugee cash assistance (RCA), a family's gross earned income must be below the following levels:


Number of Family Members Maximum Earned Income Level Number of Family Members Maximum Earned Income Level
1 $((718))

610

 6 $((1,732)) 1,472
2 ((906))

770

 7 ((2,000)) 1,700
3 ((1,124)) 955 8 ((2,214)) 1,882
4 ((1,322)) 1,124 9 ((2,430)) 2,066
5 ((1,524)) 1,295 10 or more ((2,642)) 2,246

[Statutory Authority: RCW 74.04.050, 74.04.055, and 2008 c 329 § 207 (1)(e). 08-16-105, § 388-478-0035, filed 8/5/08, effective 9/5/08. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-478-0035, filed 7/31/98, effective 9/1/98.]

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