WSR 18-05-064
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
[Filed February 16, 2018, 9:31 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-17-173.
Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-478-0020 Payment standards for TANF, SFA, and RCA, WAC 388-478-0035 What are the maximum earned income limits for TANF, SFA, PWA, and RCA?, and WAC 388-436-0050 Determining financial need and benefit amount for CEAP.
Hearing Location(s): On March 27, 2018, 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 March 28, 2018.
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., March 27, 2018.
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 March 13, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing to amend WAC 388-478-0020, 388-478-0035, and 388-436-0050 to implement a 2.5 percent increase in the payment standards for temporary assistance for needy families (TANF), state family assistance (SFA), and refugee cash assistance (RCA), a 2.5 percent increase in the financial need and benefit amount limits for the consolidated emergency assistance program (CEAP), and a 2.5 percent increase in the maximum earned income limits for the TANF, SFA, RCA, and the pregnancy women assistance (PWA) programs.
Reasons Supporting Proposal: The Washington state 2017-19 biennial operating budget (chapter 1, Laws of 2017 3rd sp. sess.) provides funding to increase the TANF, SFA, RCA, and CEAP payment standards by 2.5 percent effective July 1, 2018. This increase will provide essential supports to families and individuals experiencing financial hardship.
Statutory Authority for Adoption: RCW 74.04.050, 74.08.090, 74.08A.230.
Statute Being Implemented: None
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: Sarah Garcia, P.O. Box 45470, Olympia, WA 98504-5470, 360-522-2214.
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. This 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."
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.
Explanation of exemptions: RCW 34.05.328 (5)(b)(vii).
February 13, 2018
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 16-01-093, filed 12/15/15, effective 1/15/16)
WAC 388-436-0050 Determining financial need and benefit amount for CEAP.
(1) To be eligible for ((CEAP assistance)) the consolidated emergency assistance program (CEAP), the assistance unit's nonexcluded income, minus allowable deductions, must be less than ninety percent of the ((TANF)) temporary assistance for needy families (TANF) payment standard for households with shelter costs. The net income limit for CEAP assistance units is:
Assistance unit members
Net income limit
1
(($300)) $308
2
((377)) 386
3
((468)) 480
4
((550)) 564
5
((634)) 650
6
((722)) 740
7
((834)) 855
8 or more
((923)) 946
(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:
 
1
 
2
 
3
 
4
 
5
 
6
 
7
 
8 or more
Food
(($201)) $206
 
(($256)) $262
 
(($316)) $324
 
(($373)) $382
 
(($429)) $440
 
(($487)) $499
 
(($556)) $570
 
(($615)) $630
 
Shelter
((245)) 251
 
((310)) 318
 
((386)) 396
 
((455)) 466
 
((522)) 535
 
((592)) 607
 
((686)) 703
 
((758)) 877
 
Clothing
((28))
29
 
((36))
37
 
((45))
46
 
((52))
54
 
((60))
62
 
((70))
72
 
((78))
80
 
((89))
91
 
Minor medical care
((170)) 174
 
((217)) 222
 
((269)) 276
 
((316)) 324
 
((364)) 373
 
((411)) 421
 
((479)) 491
 
((529)) 542
 
Utilities
((83))
85
 
((105))
108
 
((130))
133
 
((152))
156
 
((175))
179
 
((201))
206
 
((232))
238
 
((256))
262
 
Household maintenance
((60))
62
 
((77))
79
 
((96))
98
 
((112))
115
 
((130))
133
 
((147))
151
 
((170))
174
 
((187))
192
 
Job related transportation
((332)) 340
 
((420)) 431
 
((521)) 534
 
((613)) 628
 
((706)) 724
 
((802)) 822
 
((927)) 950
 
((1,026)) 1,052
 
Child related transportation
((332)) 340
 
((420)) 431
 
((521)) 534
 
((613)) 628
 
((706)) 724
 
((802)) 822
 
((927)) 950
 
((1,026)) 1,052
 
(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 and WAC 388-436-0045;
(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.
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.
AMENDATORY SECTION (Amending WSR 16-01-093, filed 12/15/15, effective 1/15/16)
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:
Assistance unit size
Payment standard
Assistance unit size
Payment standard
1
(($332)) $340
 
6
(($802)) $822
 
2
((420)) 431
 
7
((927)) 950
 
3
((521)) 534
 
8
((1,026)) 1,052
 
4
((613)) 628
 
9
((1,126)) 1,154
 
5
((706)) 724
 
10 or more
((1,224)) 1,255
 
(2) The maximum monthly payment standards for TANF, SFA, and RCA assistance units with shelter provided at no cost are:
Assistance unit size
Payment standard
Assistance unit size
Payment standard
1
(($202)) $207
 
6
(($487)) $499
 
2
((256)) 262
 
7
((564)) 578
 
3
((316)) 324
 
8
((623)) 639
 
4
((373)) 382
 
9
((685)) 702
 
5
((429)) 440
 
10 or more
((744)) 763
 
AMENDATORY SECTION (Amending WSR 16-01-093, filed 12/15/15, effective 1/15/16)
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:
Number of family members
Maximum earned income level
Number of family members
Maximum monthly earned income level
1
(($665)) $682
 
6
(($1,604)) $1,644
 
2
((839)) 860
 
7
((1,853)) 1,899
 
3
((1,042)) 1,068
 
8
((2,051)) 2,102
 
4
((1,225)) 1,256
 
9
((2,252)) 2,308
 
5
((1,413)) 1,448
 
10 or more
((2,448)) 2,509