WSR 17-20-033 PROPOSED RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Economic Services Administration) [Filed September 28, 2017, 8:20 a.m.] Original Notice. Preproposal statement of inquiry was filed as WSR 17-16-167. Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-493-0010 Working family support. Hearing Location(s): On November 7, 2017, at 10:00 a.m., at Office Building 2, Department of Social and Health Services (DSHS) Headquarters, 1115 Washington, Olympia, WA 98504. Public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/sesa/rules-and-policies-assistance-unit/driving-directions-office-bldg-2. Date of Intended Adoption: Not earlier than November 8, 2017. Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, fax 360-664-6185, by 5:00 p.m., November 7, 2017. Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, phone 360-664-6092, fax 360-664-6185, TTY 711 relay service, email Kildaja@dshs.wa.gov, by October 24, 2017. Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing to amend WAC 388-493-0010 Working family support, in order to change the effective end date of the program from June 30, 2017, to June 30, 2019, and to establish a program enrollment limit of ten thousand households. Reasons Supporting Proposal: The amendments are required to meet proviso language in the 2017-2019 operating budget (SSB 5883). Rule is not necessitated by federal law, federal or state court decision. Name of Proponent: DSHS, governmental. Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Anna Minor, P.O. Box 45470, Olympia, WA 98504-5470, 360-725-4894. A school district fiscal impact statement is not required under RCW 28A.305.135. A cost-benefit analysis is not required under RCW 34.05.328. The proposed amendment is exempt as allowed under RCW 34.05.328 (5)(b)(vii) which states in part, "(t)his 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." The proposed amendments to this rule pertain to client eligibility. This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal: Is exempt under RCW 19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party. Is exempt under RCW 34.05.310 (4)(b). Explanation of exemptions: These proposed rules do not have an impact on small businesses. The proposed amendment only affects DSHS clients by extending the program effective end date and by establishing a program eligibility household limit. September 26, 2017 Katherine I. Vasquez Rules Coordinator
AMENDATORY SECTION (Amending WSR 17-07-012, filed 3/6/17, effective 4/6/17)
WAC 388-493-0010 Working family support.
(1) What is the working family support (WFS) program?
The working family support program is administered by the department of social and health services (((Department))) (department) and provides an additional monthly food benefit from May 2016 through June 30, ((2017)) 2019 to low income families who meet specific criteria. Continuance of the program beyond June 30, ((2017)) 2019 is contingent on specific legislative funding for the working family support program.
(2) The following definitions apply to this program:
(a) "Co-parent" means another adult in your home ((that)) who is related to your qualifying child through birth or adoption.
(b) "Qualifying child" means a child under the age of eighteen who is:
(i) Your child through birth or adoption; or
(ii) Your step-child.
(c) "Work" means subsidized or unsubsidized employment or self-employment. To determine self-employment hours, we divide your net self-employment income by the federal minimum wage.
(3) Who is eligible for the working family support program?
You ((are)) may be eligible for working family support food assistance if you meet all of the following:
(a) You receive food assistance through basic food, food assistance program for legal immigrants (FAP), or transitional food assistance (TFA);
(b) Receipt of working family support food assistance would not cause your countable food assistance income to exceed the two hundred percent federal poverty level (FPL);
(c) No one in your food assistance unit receives temporary assistance for needy families (TANF) or state family assistance (SFA);
(d) A qualifying child lives in your home;
(e) You, your spouse, or co-parent((,)) work a minimum of thirty-five hours a week, and if you live with your spouse or co-parent, you must be in the same assistance unit;
(f) You provide proof of the number of hours worked; and
(g) You reside in Washington state ((per)) as required under WAC 388-468-0005.
(4) How ((can)) may I apply for working family support?
(a) The department will review your eligibility for the working family support program:
(i) When you apply for food assistance, or
(ii) At the time of your food assistance eligibility review.
(b) You may request the working family support benefit in person, in writing, or by phone at any time.
(5) How long ((can)) may I receive working family support?
(a) You may recertify up to an additional six months for working family support if you meet the criteria listed ((above)) in subsection (3) of this section and provide current proof that you, your spouse, or co-parent works a minimum of thirty-five hours a week.
(b) Working family support certification ends when:
(i) You complete either a certification or mid-certification review for food assistance under WAC 388-434-0010 or ((WAC)) 388-418-0011, and you do not provide proof of the number of hours that you, your spouse, or your co-parent work;
(ii) You no longer receive basic food, FAP, or TFA;
(iii) You receive TANF or SFA;
(iv) You do not have a qualifying child in your home;
(v) You, your spouse, or co-parent((,)) no longer work a minimum of thirty-five hours a week; or
(vi) You are no longer a resident of Washington state.
(6) What benefits will I receive if I am eligible for the working family support program?
(a) The assistance unit will receive a separate ten dollars monthly food assistance benefit each month.
(b) Working family support benefits are not prorated.
(7) Enrollment in the working family support program is limited to ten thousand households per month.
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings. |