WSR 16-02-028 PERMANENT RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Economic Services Administration) [Filed December 29, 2015, 3:05 p.m., effective February 1, 2016] Effective Date of Rule: February 1, 2016.
Purpose: The department is amending WAC 388-400-0010 Who is eligible for state family assistance?, to allow state family assistance to be issued in certain situations to two-parent families that are otherwise eligible for temporary assistance for needy families. This change will not impact services or benefits to clients.
This change will help improve the state's work participation rate and reduce, or eliminate, the penalty imposed on the state for not meeting the federal participation rate set by the administration for children and families.
Citation of Existing Rules Affected by this Order: Amending WAC 388-400-0010.
Adopted under notice filed as WSR 15-23-073 on November 16, 2015.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: December 29, 2015.
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 14-10-046, filed 4/30/14, effective 6/1/14)
WAC 388-400-0010 Who is eligible for state family assistance?
(1) To be eligible for state family assistance (SFA), aliens must meet Washington state residency requirements as listed in WAC 388-468-0005 and immigrant eligibility requirements as listed in WAC 388-424-0015.
(2) You are eligible for SFA if you are not eligible for temporary assistance for needy families (TANF) for the following reasons:
(a) You are a qualified alien and have been in the United States for less than five years as described in WAC 388-424-0006;
(b) You are a nonqualified alien as defined in WAC 388-424-0001, who meets the Washington state residency requirements as listed in WAC 388-468-0005;
(c) You are a nineteen or twenty-year-old student that meets the education requirements of WAC 388-404-0005;
(d) You are a caretaker relative of a nineteen or twenty-year-old student that meets the education requirements of WAC 388-404-0005; or
(e) You are a pregnant woman who has been convicted of misrepresenting their residence in order to receive benefits from two or more states at the same time.
(3) You and the other TANF eligible members of your assistance unit may receive, at the department's discretion, SFA rather than TANF if:
(a) You are otherwise eligible for TANF as a parent; and
(b) Another parent in your assistance unit is eligible for TANF or SFA; and
(c) One of the following conditions exists:
(i) You or the other parent in your assistance unit is pregnant; or
(ii) Your assistance unit includes a child under twelve months of age.
(4) If you apply for SFA, have not received SFA within the past thirty days, and will be a mandatory WorkFirst participant as described in WAC 388-310-0200 once approved, you must complete a WorkFirst orientation before we approve your application.
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