WSR 15-22-037 EMERGENCY RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Economic Services Administration) [Filed October 28, 2015, 11:23 a.m., effective October 28, 2015, 11:23 a.m.] Effective Date of Rule: Immediately upon filing.
Purpose: The department is amending the following rules to implement a nine percent increase in the payment standards for TANF, SFA, RCA, and CEAP, and increase the maximum earned income limit by nine percent for the TANF, SFA, RCA, PWA, and CEAP programs: WAC 388-478-0020 Payment standards for TANF, SFA, and RCA, 388-478-0035 What are the maximum earned income limits for TANF, SFA, PWA, and RCA?, and 388-436-0050 Determining financial need and benefit amount for CEAP.
Citation of Existing Rules Affected by this Order: Amending WAC 388-478-0020, 388-478-0035, and 388-436-0050.
Other Authority: State of Washington 2015-17 biennial operating budget (ESSB 6052 207).
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest; and that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.
Reasons for this Finding: The Washington state 2015-17 biennial operating budget provides funding to increase the TANF payment standard by nine percent. This increase will provide essential financial supports to needy families and their vulnerable children. The amendments are currently in place via emergency (WSR 15-15-005) which was filed on July 1, 2015. The emergency expires on October 29, 2015. The department is concurrently working on a permanent rule filing process. The CR-102 was filed as WSR 15-19-030 on September 9, 2015. A public hearing is scheduled for October 27, 2015. This second emergency filing is to cover the time frame between the emergency WAC expiration and the effective date of the permanent rule.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 3, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.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 0, Amended 3, Repealed 0.
Date Adopted: October 22, 2015.
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 11-16-029, filed 7/27/11, effective 8/27/11)
WAC 388-478-0020 Payment standards for TANF, SFA, and RCA.
(1) The maximum monthly 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:
(2) The maximum monthly payment standards for TANF, SFA, and RCA assistance units with shelter provided at no cost are:
AMENDATORY SECTION (Amending WSR 12-10-042, filed 4/27/12, effective 6/1/12)
WAC 388-478-0035 What are the maximum earned income limits for TANF, SFA, PWA and RCA?
To be eligible for temporary assistance for needy families (TANF), state family assistance (SFA), refugee cash assistance (RCA), or a pregnant women assistance (PWA), a family's gross earned income must be below the following levels:
AMENDATORY SECTION (Amending WSR 11-16-029, filed 7/27/11, effective 8/27/11)
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:
(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:
(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.
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