WSR 19-19-051
(Economic Services Administration)
[Filed September 13, 2019, 10:41 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 19-12-107.
Title of Rule and Other Identifying Information: The department is proposing amendments to WAC 388-450-0025 What is unearned income?
Hearing Location(s): On October 22, 2019, at 10:00 a.m., in 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
Date of Intended Adoption: Not earlier than October 23, 2019.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email, fax 360-664-6185, by 5:00 p.m., October 22, 2019.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, phone 360-664-6092, fax 360-664-6185, TTY 711 relay service, email, by October 8, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed amendments will incorporate benefits payable from the family and medical leave program authorized under chapter 50A.04 RCW, beginning January 1, 2020, into the examples of unearned income described in this rule. This change will clearly identify that paid family medical leave is unearned income for cash and food assistance applicant eligibility determinations and will be considered in the calculation of the amount of benefits received by an eligible recipient.
Reasons Supporting Proposal: This rule change is needed to clearly identify how benefits from the newly-created family and medical leave program are considered in eligibility determinations for cash and food assistance programs.
Statutory Authority for Adoption: RCW 74.04.005, 74.04.050, 74.04.055, 74.04.057, 74.04.770, 74.08.090, 74.08A.100, 74.09.035, 74.09.530, 74.62.030.
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: Christina M. Barras, P.O. Box 45470, Olympia, WA 98504-5470, 360-725-4640.
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. 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."
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: The proposed rule does not have an economic impact on small businesses.
September 12, 2019
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION(Amending WSR 15-02-006, filed 12/26/14, effective 1/26/15)
WAC 388-450-0025What is unearned income?
This section applies to cash assistance and food assistance.
(1) Unearned income is income you get from a source other than employment or self-employment. Some examples of unearned income include, but are not limited to:
(a) Railroad retirement;
(b) Unemployment compensation;
(c) Social Security benefits (including retirement benefits, disability benefits, and benefits for survivors);
(d) Time loss benefits as described in WAC 388-450-0010, such as benefits from the department of labor and industries (L&I); ((or))
(e) Veteran Administration benefits; or
(f) Paid family and medical leave benefits.
(2) For food assistance we also count the total amount of cash benefits due to you before any reductions caused by your failure (or the failure of someone in your assistance unit) to perform an action required under a federal, state, or local means-tested public assistance program, such as TANF/SFA, ABD assistance, PWA, and SSI.
(3) When we count your unearned income, we count the amount you get before any taxes are taken out.