WSR 26-01-187
PERMANENT RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
[Filed December 23, 2025, 1:48 p.m., effective January 23, 2026]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The department of social and health services is adopting amendments to WAC 388-450-0015 What types of income are not used by the department to figure out my benefits? These amendments provide clarity on exempt income types for cash and basic food assistance calculations and better align with statute and federal law.
Citation of Rules Affected by this Order: Amending WAC 388-450-0015.
Adopted under notice filed as WSR 25-22-075 on October 31, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: December 23, 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.