WSR 25-20-054
PERMANENT RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
[Filed September 25, 2025, 2:51 p.m., effective October 26, 2025]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The department of social and health services is adopting amendments to WAC 388-450-0070 When do we count a child's income? These amendments clarify rules for irrevocable educational trusts as authorized by RCW 74.12.350.
Citation of Rules Affected by this Order: Amending WAC 388-450-0070.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and 74.12.350.
Adopted under notice filed as WSR 25-15-098 on July 16, 2025.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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 25, 2025.
Katherine I. Vasquez
Rules Coordinator
SHS-5091.1
AMENDATORY SECTION(Amending WSR 17-05-006, filed 2/2/17, effective 3/5/17)
WAC 388-450-0070When do we count a child's income?
(1) For food assistance, we do not count a child's earned income if the child is:
(a) In school;
(b) Age ((seventeen))17 or younger;
(c) Not married; and
(d) 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 a child's earnings if the child ((is)):
(a) ((In))Is in school((; and
(b) Meets))and meets the age and attendance requirements in WAC 388-404-0005; or
(b) Has their income placed in a irrevocable trust for future educational needs for that child, up to $4,000.
(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.