WSR 25-22-075
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
[Filed October 31, 2025, 3:57 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 25-19-081.
Title of Rule and Other Identifying Information: The department of social and health services (DSHS) is proposing amendments to WAC 388-450-0015 What types of income are not used by the department to figure out my benefits?
Hearing Location(s): On December 9, 2025, at 10:00 a.m., virtually via Teams or call in. See the DSHS website at https://www.dshs.wa.gov/sesa/rpau/proposed-rules-and-public-hearings for the most current information.
Date of Intended Adoption: No earlier than December 10, 2025.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, beginning November 5, 2025, noon, by December 9, 2025, 5:00 p.m.
Assistance for Persons with Disabilities: Contact Shelley Tencza, rules consultant, phone 360-664-6036, TTY 711 relay service, email shelley.tencza@dshs.wa.gov, by November 25, 2025, 5:00 p.m.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These amendments provide clarity on exempt income types for cash and basic food assistance calculations and better align with statute and federal law.
Reasons Supporting Proposal: See above.
Rule is necessary because of federal law, 7 C.F.R. 273.9 (c)(5)(i)(C).
Name of Proponent: DSHS, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Sarah Garcia, P.O. Box 45470, Olympia, WA 98504-5770, 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, "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
19.85.061 because this rule making is being adopted solely to conform and/or comply with federal statute or regulations. Citation of the specific federal statute or regulation and description of the consequences to the state if the rule is not adopted: 7 C.F.R. 273.9 (c)(5)(i)(C), state agencies must exclude medical assistance supplemental benefits as medical reimbursements which do not represent a gain or benefit to the household.
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; rules are adopting or incorporating by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule; rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect; and rule content is explicitly and specifically dictated by statute.
Explanation of exemptions: These amendments do not impact small businesses. They only impact DSHS customers.
Scope of exemption for rule proposal:
Is fully exempt.
October 28, 2025
Katherine I. Vasquez
Rules Coordinator
SHS-5116.2
AMENDATORY SECTION(Amending WSR 23-06-039, filed 2/23/23, effective 3/26/23)
WAC 388-450-0015What types of income are not used by the department to figure out my benefits?
(1) We do not count the following types of income when we determine your cash assistance and basic food benefits:
(a) Bona fide loans as defined in WAC 388-470-0045, except certain student loans as specified under WAC 388-450-0035;
(b) Federal income tax refunds, earned income tax credit (EITC), and Washington's working families tax credit (WFTC) payments in the month received;
(c) Federal economic stimulus payments that are excluded for federal and federally assisted state programs;
(d) Federal $25 supplemental weekly unemployment compensation payment authorized by the American Recovery and Reinvestment Act of 2009;
(e) Title IV-E and state foster care maintenance payments if you choose not to include the foster child in your assistance unit;
(f) Energy assistance payments;
(g) Educational assistance we do not count under WAC 388-450-0035;
(h) Native American benefits and payments we do not count under WAC 388-450-0040;
(i) Income from employment and training programs we do not count under WAC 388-450-0045;
(j) Money withheld from a benefit to repay an overpayment from the same income source;
(k) ((Legally obligated child support payments received by someone who gets temporary assistance for needy families (TANF) or state family assistance (SFA) benefits;
(l))) One-time payments issued under the Department of State or Department of Justice reception and replacement programs, such as voluntary agency (VOLAG) payments;
(((m)))(l) Payments we are directly told to exclude as income under state or federal law;
(((n)))(m) Payments made to someone outside of the household for the benefits of the assistance unit using funds that are not owed to the household; ((and))
(((o)))(n) Distributions for qualified disability expenses from an achieving a better life experience (ABLE) account; and
(o) Medicare advantage supplemental benefits.
(2) For basic food only:
(a) We do not count the total monthly amount of all legally obligated current or back child support payments paid by the assistance unit to someone outside of the assistance unit for:
(i) A person who is not in the assistance unit; or
(ii) A person who is in the assistance unit to cover a period of time when they were not living with the member of the assistance unit responsible for paying the child support on their behalf; and
(b) We do count money withheld because you were overpaid for not meeting requirements of a federal, state, or local means tested programs such as temporary assistance for needy families (TANF), state family assistance (SFA), aged, blind, or disabled (ABD) cash assistance, pregnant women assistance (PWA), and supplemental security income (SSI).
(3) For cash only we do not count:
(a) Income to individuals to compensate participation in part-time boards and commissions received under RCW 43.03.230. (b) For temporary assistance for needy families (TANF) or state family assistance (SFA) recipients, legally obligated, current child support payments as defined in WAC 388-422-0005.