WSR 17-01-072
(Economic Services Administration)
[Filed December 15, 2016, 1:53 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-21-078.
Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-450-0070 How do we count the earned income of a child?
Hearing Location(s): Office Building 2, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at, on January 24, 2017, at 10:00 a.m.
Date of Intended Adoption: Not earlier than January 25, 2017.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email, fax (360) 664-6185, by 5:00 p.m., January 24, 2017.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, by January 10, 2017, phone (360) 664-6092, TTY (360) 664-6178, or email
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Changes proposed under this filing will amend WAC 388-450-0070 to comply with federal regulations for income and deductions for basic food, the Washington combined application program, the food assistance program for legal immigrants, and transitional food assistance.
Reasons Supporting Proposal: Refer to Purpose above.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090, 7 C.F.R. 273.2, 7 C.F.R. 273.3.
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: Ezra Paskus, 712 Pear Street S.E., Olympia, WA 98501, (360) 725-4611.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule does not have an economic impact on small businesses. It only impacts DSHS clients.
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, "this 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."
December 13, 2016
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 13-18-007, filed 8/22/13, effective 10/1/13)
WAC 388-450-0070 ((How)) When do we count ((the earned income of a child)) a child's income?
(1) For food assistance, we do not count ((the earnings of a child)) a child's earned income if the child is:
(a) In school;
(b) Age seventeen or younger;
(c) Not married; and
(d) ((Not emancipated)) Living with a natural parent, adoptive parent, or stepparent or is under the parental control of a household member other than a parent.
(2) For cash assistance, we do not count ((the earnings of a child)) a child's earnings if the child is:
(a) In school; and
(b) Meets the age and attendance requirements in WAC 388-404-0005.
(3) School includes:
(a) Participating in a home-school program that is approved by the superintendent of public instruction; or
(b) On break between school terms when the child:
(i) Was enrolled during the previous school term; and
(ii) Plans to return to school when it reopens.