WSR 15-23-097 PROPOSED RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Economic Services Administration) [Filed November 17, 2015, 1:57 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-15-169.
Title of Rule and Other Identifying Information: The DSHS division of child support (DCS) is amending WAC 388-14A-4200 in order to implement SB 5793 (chapter 124, Laws of 2015), which took effect on July 24, 2015, but is not yet codified. SB 5793 amended RCW 26.18.190 to add a new subsection (3) providing as follows: "(3) When the veterans' administration apportions a veteran's benefits to pay child support on behalf of or on account of the child or children of the veteran, the amount paid for the child or children shall be treated for all purposes as if the veteran paid the benefits toward the satisfaction of that person's child support obligation for that period for which benefits are paid."
In order to implement SB 5793, DCS must amend WAC 388-14A-4200 Do I get credit for dependent disability payments paid on my behalf to my children?, to include credit for these benefits paid by the United States Department of Veterans Affairs (the new name of the agency formerly known as the veterans' administration).
In addition to the regular rule-making process, DCS filed an emergency rule effective July 24, 2015, under WSR 15-16-004; that emergency rule expires on November 20, 2015. DCS is filing a second emergency rule, which is necessary to maintain the status quo because the final rule cannot be made effective within the time of one emergency rule.
Hearing Location(s): Office Building 2, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at http://www1.dshs.wa.gov/msa/rpau/RPAU-OB-2directions.html), on December 22, 2015, at 10:00 a.m.
Date of Intended Adoption: Not earlier than December 23, 2015.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., December 22, 2015.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, by December 8, 2015, phone (360) 664-6092, TTY (360) 664-6178, or e-mail KildaJA@dshs.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: In order to implement SB 5793, DCS is amending WAC 388-14A-4200 Do I get credit for dependent disability payments paid on my behalf to my children?, to include credit for these benefits paid by the United States Department of Veterans Affairs (the new name of the agency formerly known as the veterans' administration).
Reasons Supporting Proposal: Required by change in state law.
Statutory Authority for Adoption: Implementation of SB 5793 (chapter 124, Laws of 2015), which takes effect on July 24, 2015, is authorized under RCW 26.23.030(3), 34.05.220 (1)(a), 34.05.322, and 74.08.090.
Statute Being Implemented: SB 5793 (chapter 124, Laws of 2015), which has not yet been codified, amends RCW 26.18.190.
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: Nancy Koptur, DCS HQ, P.O. Box 9162, Olympia, WA 98507-9162, (360) 664-5065.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not have an economic impact on any business. WAC 388-14A-4200 deals with allowing credit to a noncustodial parent's child support obligation based on the receipt of dependent benefits or apportioned benefits. New subsection (3) of RCW 26.18.190 provides as follows: "(3) When the veterans' administration apportions a veteran's benefits to pay child support on behalf of or on account of the child or children of the veteran, the amount paid for the child or children shall be treated for all purposes as if the veteran paid the benefits toward the satisfaction of that person's child support obligation for that period for which benefits are paid."
A cost-benefit analysis is not required under RCW 34.05.328. Although this rule meets the definition of a significant legislative rule under RCW 34.05.328(5), the requirement for a cost-benefit analysis does not apply because this rule adopts a state statute (RCW 34.05.328 (5)(b)(iii)) and the content of the rule is "explicitly and specifically dictated by statute" (RCW 34.05.328 (5)(b)(v)).
November 13, 2015
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 11-14-065, filed 6/30/11, effective 7/31/11)
WAC 388-14A-4200 Do I get credit for dependent disability payments paid on my behalf to my children?
(1) When the department of labor and industries or a self-insurer pays compensation under chapter 51.32 RCW on behalf of or on account of the child or children of a noncustodial parent (NCP), the division of child support (DCS) treats the amount of compensation the department or self-insurer pays on behalf of the child or children as if the NCP paid the compensation toward the NCP's child support obligations.
(2) When the Social Security administration pays Social Security disability dependency benefits, retirement benefits, or survivors insurance benefits on behalf of or on account of the child or children of an NCP who is a disabled person, a retired person, or a deceased person, DCS treats the amount of benefits paid for the child or children as if the NCP paid the benefits toward the NCP's child support obligation for the period for which benefits are paid.
(3) When the veterans' administration (now known as the U.S. Department of Veterans Affairs) apportions a veteran's benefits to pay child support on behalf of or on account of the child or children of the veteran, DCS treats the amount of benefits paid for the child or children for all purposes as if the veteran paid the benefits toward the satisfaction of that person's child support obligation for the period for which benefits are paid.
(4) Under no circumstances does the NCP have a right to reimbursement of any compensation paid under subsection (1), ((or)) (2), or (3) of this section.
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