SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
[Filed September 23, 2021, 4:30 p.m., effective October 24, 2021]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The department is amending WAC 388-450-0100 Allocating income—Definitions. These amendments correct dates for temporary absence which align with prior permanent filing under WSR 08-14-105 (see changes to WAC 388-418-0007(6)) and replace outdated language without changing the effect of the rule.
Citation of Rules Affected by this Order: Amending WAC 388-450-0100.
Adopted under notice filed as WSR 21-15-060 on July 15, 2021.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: September 23, 2021.
Katherine I. Vasquez
AMENDATORY SECTION(Amending WSR 13-24-043, filed 11/26/13, effective 1/1/14)
WAC 388-450-0100Allocating income—Definitions.
The following definitions apply to the allocation rules for TANF/SFA, RCA, PWA, and ABD cash programs:
(1) "Dependent" means a person who:
(a) Is or could be claimed for federal income tax purposes by the financially responsible person; or
(b) The financially responsible person is legally obligated to support.
(2) "Financially responsible person" means a parent, stepparent, adoptive parent, spouse, or caretaker relative.
(3) A "disqualified assistance unit member" means a person who is:
(a) An unmarried pregnant or parenting minor who is under age eighteen, who has not completed a high school education or high school equivalency certification, and who is not participating in those educational activities which would lead to the attainment of a high school diploma or high school equivalency;
(b) An unmarried pregnant or parenting minor under age eighteen who is not living in a department-approved living situation;
(c) The financially responsible person who does not report to the department within five days of the date it becomes reasonably clear that the absence of a child will exceed ((ninety))one hundred eighty days;
(d) A person who has been convicted in federal or state court of having made a fraudulent statement or representation about their place of residence in order to receive assistance from two or more states at the same time as defined in WAC 388-446-0010; and
(e) A person who has been convicted of unlawfully receiving public assistance as defined under WAC 388-446-0005.
(4) "Ineligible assistance unit member" means an individual who is:
(a) Ineligible for cash assistance due to the ((citizenship/alien))citizenship/immigration status requirements in WAC 388-424-0010;
(b) Ineligible to receive assistance under WAC 388-442-0010 for having been convicted after August 21, 1996, under federal or state law, of possession, use or distribution of a controlled substance;
(c) Ineligible to receive assistance under WAC 388-442-0010 for fleeing to avoid prosecution or custody or confinement after conviction for a crime or attempt to commit a crime;
(d) Ineligible to receive assistance under WAC 388-442-0010 for violating a condition of probation or parole which was imposed under a federal or state law as determined by an administrative body or court of competent jurisdiction;
(e) The spouse of a ((woman))person who receives cash benefits from the PWA program; or
(f) The adult parent of a minor parent's child.