WSR 98-16-044

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

[Filed July 31, 1998, 1:11 p.m., effective September 1, 1998]

Date of Adoption: July 31, 1998.

Purpose: To consolidate and simplify program and eligibility requirements for cash, food, and medical assistance to comply with criteria in the Governor's Executive Order 97.02. The rules being adopted have been consolidated, shortened and simplified by a special task team with members from Economic Services and Medical Assistance Administration in collaboration with clients, advocates, and the public. No program policy was changed in this process.

Citation of Existing Rules Affected by this Order:

Repealed

Amended

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, and 74.08.090.

Adopted under notice filed as WSR 98-11-084 on May 19, 1998, and WSR 98-13-080 on June 16, 1998.

Changes Other than Editing from Proposed to Adopted Version:

RULE NUMBER	NATURE OF CHANGE	REASON FOR CHANGE
388-406-0045	To clarify what is accepted as good cause for a delay	Each of these changes was requested by a reviewer to
		make the rules easier to read, understand and use. After discussion with
		the program and, if needed, meeting with the reviewer, the
		change was made to respond to reviewer comments.
388-408-0055	To clarify the responsibility of the parent
388-412-0005	To clarify the amount of cash payment
388-412-0015	To clarify how allotments are determined
388-416-0015	To clarify how long medical assistance determination lasts
388-416-0020	To clarify the 12 month certification period
388-418-0020	To clarify what how a change of circumstance is treated in the Temporary Assistance for Needy Families program
388-438-0100	To clarify acceptable exemptions for charity care expenses
388-444-0005	To clarify the number of hours a client may be required to participate in Food Stamp Employment & Training
388-444-0060	To clarify that payment standards for workfare expenses are set by DSHS
388-458-0005	To clarify when DSHS is required to notify the client before taking action
388-458-0010	To clarify when DSHS is required to notify the client before taking action
388-462-0015	To clarify when a pregnant woman is eligible for medical assistance
388-468-0005	To clarify a household's eligibility for medical assistance
388-470-0005	To clarify when household resources will be used to determine eligibility
388-470-0015	To clarify when a client's resource is considered unavailable
388-472-0005	To clarify two client rights: the client's right to receive a receipt for an application and a pregnant woman's right to be seen within 5 days
388-478-0065	To clarify when an unborn child is counted as part of the household
388-478-0070	To clarify requirements for monthly reporting for the Medically Indigent program
388-86-027	To clarify requirements for the Healthy Kids Program

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 Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 288, amended 7, repealed 391.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, 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 288, amended 7, repealed 391.

Effective Date of Rule: September 1, 1998.

July 31, 1998

Edith M. Rice

for Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

REPEALER

The following chapters and sections of the Washington Administrative Code are repealed:

Chapter 388-49 WAC Food assistance programs.

Chapter 388-210 WAC Applications for assistance.

Chapter 388-212 WAC Verification of eligibility.

Chapter 388-215 WAC Aid to families with dependent children--Categorical eligibility.

Chapter 388-216 WAC Resource eligibility.

Chapter 388-217 WAC Transfer of property.

Chapter 388-218 WAC Aid to families with dependent children--Income policies.

Chapter 388-219 WAC General assistance--Income policies.

Chapter 388-220 WAC State family assistance.

Chapter 388-225 WAC Consolidated emergency assistance program--CEAP.

Chapter 388-230 WAC General assistance for pregnant women.

Chapter 388-233 WAC General assistance for children.

Chapter 388-245 WAC Maintenance of grant programs.

Chapter 388-250 WAC Grant standards.

Chapter 388-270 WAC Incorrect payments.

WAC 388-55-006 Summary of eligibility conditions.

WAC 388-55-008 Eligibility conditions--Refugee status.

WAC 388-55-010 Common eligibility conditions.

WAC 388-55-020 Work and training eligibility conditions.

WAC 388-55-030 Treatment of income and resources.

WAC 388-55-040 Refugee medical assistance.

WAC 388-55-060 Refugee notification and referral.

WAC 388-200-1100 Grievance procedure.

WAC 388-200-1150 Exception to rule.

WAC 388-235-0010 Purpose of program.

WAC 388-235-0020 Definitions.

WAC 388-235-0030 Summary of eligibility conditions.

WAC 388-235-0040 Assistance unit.

WAC 388-235-0050 Age requirements.

WAC 388-235-0060 Residence-Establishing.

WAC 388-235-0070 Residence-Temporary absences.

WAC 388-235-0080 Residence-Applicant living in another state.

WAC 388-235-0090 Residence-Applicant receiving assistance from another state.

WAC 388-235-0100 Citizenship and alien status.

WAC 388-235-0110 Social security number.

WAC 388-235-2000 Resources.

WAC 388-235-3000 Income.

WAC 388-235-4000 GAU payment and need standards.

WAC 388-255-1350 Additional requirements for emergent situations.

WAC 388-255-1400 One-time grant--Authorization--Disbursement.

WAC 388-265-1010 Grant payment--General provisions.

WAC 388-265-1050 Grant authorization.

WAC 388-265-1100 Grant payee.

WAC 388-265-1550 Client notification of protective payee or vendor payee.

WAC 388-265-1700 Confidential information--Protective payee or vendor payee.

WAC 388-265-1800 Warrant endorsement.

WAC 388-265-1850 Warrant delivery.

WAC 388-265-1900 Warrant cancellation.

WAC 388-265-1950 Loss, theft, or destruction of a client's warrant.

WAC 388-265-2000 Loss, theft, or destruction of a vendor warrant.

WAC 388-275-0020 Definitions.

WAC 388-275-0030 Administrative responsibility.

WAC 388-275-0050 Waiver of state supplement.

WAC 388-275-0060 Payments.

WAC 388-275-0070 Termination of state supplement.

WAC 388-275-0090 Representative payee.

Chapter 388-400 WAC

PROGRAM SUMMARY

NEW SECTION

WAC 388-400-0005  Temporary assistance for needy families--General eligibility requirements. (1) To be eligible for temporary assistance for needy families (TANF), a child must:

(a) Meet the age requirements under WAC 388-404-0005;

(b) Live in the home of a relative as required under chapter 388-454 WAC;

(c) Be deprived of parental support and care as required under chapter 388-430 WAC; and

(d) Live with a parent who is not ineligible for TANF due to the time limit requirements of WAC 388-484-0005.

(2) To be eligible for TANF, a person must:

(a) Meet the citizenship/alien status requirements of WAC 388-424-0005;

(b) Reside in the state of Washington, or, if a child, live with a parent or other relative who meets the state residency requirements of WAC 388-468-0005;

(c) Be in financial need as specified under chapters 388-450, 388-470 and 388-488 WAC;

(d) Assign any rights to child support and cooperate in establishing paternity and collecting child support as required under chapter 388-422 WAC;

(e) Provide a Social Security number as required under WAC 388-476-0005;

(f) Cooperate in a review of eligibility as required under WAC 388-434-0005;

(g) Cooperate in a quality assurance review as required under WAC 388-464-0005;

(h) Participate in the WorkFirst program as required under chapter 388-310 WAC;

(i) Not be participating in a strike as defined under WAC 388-480-0005;

(j) Report circumstances monthly as required under chapter 388-456 WAC;

(k) Report changes of circumstances as required under chapter 388-418 WAC; and

(l) If a pregnant woman who is not otherwise eligible for TANF; meet the requirements of WAC 388-462-0010.

(3) TANF assistance units for children and caretaker relatives are established according to chapter 388-408 WAC.

(4) The following persons are not eligible for TANF:

(a) Persons convicted of certain felonies and other crimes as specified in chapter 388-442 WAC; and

(b) Persons convicted of unlawful practices in obtaining public assistance as specified in chapter 388-446 WAC.

(5) Unmarried pregnant and parenting teens must meet the living arrangement and school attendance requirements of chapter 388-486 WAC.

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NEW SECTION

WAC 388-400-0010  State family assistance--Summary of eligibility requirements. (1) To be eligible for state family assistance (SFA), a person must:

(a) Meet all temporary assistance for needy families (TANF) eligibility requirements except those for citizenship and alien status; and

(b) Meet the citizenship/residence requirements as specified in WAC 388-424-0015.

(2) An assistance unit is not eligible for SFA if it includes an adult who has received SFA, TANF, or a combination of SFA and TANF for a total of sixty months since August 1, 1997. Months are disregarded as specified under WAC 388-484-0005 when calculating the number of months an adult family member has received SFA or TANF.

(3) Assistance units for families with members who meet SFA and TANF citizenship/alien status requirements will be established under the TANF assistance unit rules in chapter 388-408 WAC.

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NEW SECTION

WAC 388-400-0015  General assistance for children--Summary of eligibility requirements. (1) To be eligible for general assistance for children (GA-H), a child must:

(a) Live with a court-appointed legal guardian or court appointed permanent custodian as required under chapter 388-454 WAC;

(b) Meet the general assistance citizenship/alien status requirements under WAC 388-424-0005(3);

(c) Be in financial need according to temporary assistance for needy families (TANF) income and resource rules in chapters 388-450, 388-470 and 388-488 WAC, except that child support received is considered the child's unearned income; and

(d) Meet all other requirements of a child eligible for TANF except citizenship/alien status and requirements to:

(i) Live with a relative of specified degree; and

(ii) Participate in WorkFirst activities if not in school.

(2) A child is not eligible for GA-H if:

(a) The child is eligible for or receives TANF or Supplemental Security Income (SSI); or

(b) The child or the child's caretaker has refused or failed to cooperate in obtaining TANF or SSI on behalf of the child.

(3) A GA-H assistance unit is established as specified in WAC 388-408-0010.

(4) The child's custodian or payee is the GA-H grant payee.

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NEW SECTION

WAC 388-400-0020  General assistance for pregnant women--General eligibility requirements. (1) To be eligible for general assistance for pregnant women (GA-S), a woman must:

(a) Meet the requirements of WAC 388-462-0005; and

(b) Meet the general assistance citizenship/alien status requirements under WAC 388-424-0005(3);

(c) Be in financial need according to temporary assistance for needy families (TANF) income and resource rules in chapters 388-450, 388-470 and 388-488 WAC;

(d) Provide a Social Security number as required under WAC 388-476-0005; and

(e) Reside in the state of Washington as required under WAC 388-468-0005.

(2) A woman is not eligible for GA-S if she:

(a) Is eligible for or her needs are being met by the Supplemental Security Income (SSI) program TANF or state family assistance (SFA);

(b) Is under sanction for failing to comply with SSI requirements;

(c) Fails or refuses to cooperate without good cause in obtaining SSI; or

(d) Fails or refuses to cooperate in obtaining TANF or SFA. This includes disqualifications for:

(i) Convictions for misrepresenting residence to obtain assistance in two or more state as specified under chapter 388-446 WAC;

(ii) Convictions for drug-related felonies and failing to complete drug treatment as specified under chapter 388-442 WAC;

(iii) Failing to report a child's absence within five days of becoming reasonably certain the absence will exceed ninety days as specified in chapter 388-418 WAC; or

(iv) Failing to meet school attendance requirements for unmarried teen parents as specified under chapter 388-486 WAC.

(3) The assistance unit for a woman applying for or receiving GA-S will be established according to WAC 388-408-0010.

(4) Unmarried pregnant or parenting minors who are not emancipated under a court decree must meet the living arrangement requirements of WAC 388-486-0005.

(5) A pregnant woman in an institution may be eligible for GA-S as specified under WAC 388-230-0080.

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NEW SECTION

WAC 388-400-0025  General assistance unemployable--General eligibility requirements. (1) To be eligible for general assistance - unemployable (GA-U), a person must:

(a) Be incapacitated as required under WAC 388-235-5000 through 388-235-6000;

(b) Meet the age requirement of WAC 388-404-0010;

(c) Be in financial need according to GA-U income and temporary assistance for needy families (TANF) resource rules in chapters 388-450, 388-470 and 388-488 WAC;

(d) Meet the general assistance citizenship/alien status requirements under WAC 388-424-0005(3);

(e) Provide a Social Security number as required under WAC 388-476-0005;

(f) Reside in the state of Washington as required under WAC 388-468-0005;

(g) Undergo a treatment and referral assessment as provided under WAC 388-235-7000 through 388-235-7600;

(h) Assign interim assistance as provided under WAC 388-235-9200 and 388-235-9300;

(i) Not be eligible for or receiving benefits from other programs as specified under WAC 388-235-9000.

(2) The assistance unit for a person applying for or receiving GA-U will be established according to WAC 388-408-0010.

(3) A person in an institution may be eligible for GA-U as specified under WAC 388-235-1500.

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NEW SECTION

WAC 388-400-0030  Refugee cash assistance--Summary of eligibility requirements. (1) To be eligible for refugee cash assistance (RCA), persons must:

(a) Provide the name of the voluntary agency (VOLAG) which resettled them; and

(b) Meet the:

(i) Immigration status requirements of WAC 388-466-0005;

(ii) Work and training requirements of WAC 388-466-0015;

(iii) Income and resource requirements under chapters 388-450 and 388-470 WAC with exceptions as provided under WAC 388-466-0010; and

(iv) Monthly reporting requirements of chapter 388-456 WAC.

(2) Persons are not eligible to receive RCA if they:

(a) Are eligible for temporary assistance for needy families (TANF) or Supplemental Security Income;

(b) Have been denied TANF or have been terminated from TANF due to intentional noncompliance with TANF eligibility requirements; or

(c) Are full-time students in institutions of higher education unless the educational activity is part of a department-approved employability plan.

(3) Refugee families, including families with children who are United States citizens, will be treated as single assistance units according to chapter 388-408 WAC.

(4) Eligibility and benefit levels for RCA assistance units are determined using the TANF payment standards in WAC 388-478-0020.

(5) Persons eligible for RCA are eligible for additional requirements for emergent situations as provided in chapter 388-436 WAC.

(6) A person meeting the requirements of this section is eligible for refugee cash assistance only during the eight-month period beginning in the first month the person entered the United States.

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NEW SECTION

WAC 388-400-0035  Refugee medical assistance--Summary of eligibility requirements. (1) To be eligible for refugee medical assistance (RMA), persons must:

(a) Provide the name of the voluntary agency (VOLAG) which resettled them; and

(b) Meet the immigration status requirements of WAC 388-466-0005.

(2) Except for a person who is not eligible under subsection (3) of this section, a person is eligible for RMA if the person:

(a) Receives refugee cash assistance (RCA); or

(b) Is eligible for but chooses not to apply for or receive RCA.

(3) Persons are not eligible to receive RMA if they are:

(a) Eligible for Medicaid;

(b) Are not eligible for RCA because they have not met the employment and training requirements of WAC 388-466-0015; or

(c) Are full-time students in institutions of higher education unless the educational activity is part of a department-approved employability plan.

(4) Refugee families, including families with children who are United States citizens, will be treated as single assistance units according to chapter 388-408 WAC.

(5) A person meeting the requirements of this section is eligible for RMA only during the eight-month period beginning in the first month the person entered the United States.

(6) A recipient of RCA and RMA who becomes ineligible for RCA due to an increase in income remains eligible for extended RMA benefits until the end of the eighth month period following entry into the United States.

(7) A person will have his or her eligibility for RMA determined based on the rules for the medically needy program if the person is:

(a) Not eligible for Medicaid; or

(b) Not eligible for RCA because of excess income, unless the person is eligible for extended RMA under subsection (6) of this section.

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NEW SECTION

WAC 388-400-0040  General eligibility requirements for the federal food assistance program. (1) Persons applying for benefits for the federal food assistance program must meet certain eligibility criteria established under the Food Stamp Act of 1977 as amended.

(2) When a person applies for benefits, a decision is made about who must be included in the assistance unit as specified under WAC 388-408-0035.

(3) After the assistance unit is determined, all members must:

(a) Be U.S. citizens or nationals as specified under WAC 388-424-0005(1); or

(b) Be qualified aliens as specified under WAC 388-424-0020;

(c) Be residents of the state of Washington as specified under chapter 388-468 WAC; and

(d) Provide Social Security numbers as specified under chapter 388-476 WAC.

(4) To be eligible, an assistance unit must:

(a) Have income at or below gross and net income standards unless excluded from these standards as specified under WAC 388-478-0060;

(b) Own resources at or below the applicable resource limits as specified in WAC 388-470-0005;

(c) Provide identity as specified under WAC 388-406-0015;

(d) Participate in the food stamp employment and training program (FSE&T) as specified under chapter 388-444 WAC;

(e) Meet the eligibility criteria for strikers as specified in chapter 388-480 WAC;

(f) Return a completed monthly report as required under chapter 388-456 WAC.

(5) Assistance units are allowed deductions from their income as specified under WAC 388-450-0200.

(6) Persons with disabilities may be allowed special consideration as explained in subsection (7) of this section, when the person:

(a) Receives SSI;

(b) Receives disability payments:

(i) Under Titles I, II, XIV, or XVI of the Social Security Act;

(ii) From a local, state or federal government agency that considers the disability as permanent under section 221(i) of the Social Security Act;

(iii) From the Railroad Retirement Act under sections 2 (a)(1)(iv) and (v) and meets Title XIX disability elements or is eligible for Medicare.

(c) Receives disability-related medical assistance under Title XIX of the Social Security Act;

(d) Is a veteran and receives disability payments rated at one hundred percent;

(e) Is a spouse of a veteran and:

(i) Is in need of an attendant or permanently housebound; or

(ii) Has a disability as described under section 221(i) of the Social Security Act and entitled to death or pension payments under Title 38 of the USC.

(7) A person with disabilities described in subsection (6) of this section:

(a) Does not have to have income at or below the gross income standard, only the net income standard;

(b) May be entitled to a medical deduction as described under chapter 388-450 WAC; or

(c) Is not required to count the value of a vehicle when the vehicle is needed to transport them as specified under WAC 388-470-0070 and 388-470-0075.

(8) The following persons applying for food assistance are denied benefits:

(a) Students attending an institution of higher education when the student does not meet the eligibility factors as specified under WAC 388-482-0005;

(b) Able-bodied adults without dependents who are no longer eligible under WAC 388-444-0030; and

(c) Assistance units who participate in the food distribution program. This program is available to assistance units living on or near an Indian reservation. The program is administered by tribal organizations approved by the federal Food and Nutrition Service (FNS).

(9) The following persons applying for food assistance are denied benefits but some of their income and all of their resources are considered available to the eligible assistance unit members:

(a) Fugitive felons including probation and parole violators and felons convicted of drug-related felonies as specified under chapter 388-442 WAC;

(b) Persons failing to attest to citizenship or alien status under WAC 388-408-0035(9);

(c) Persons disqualified for:

(i) An intentional program violation as specified under WAC 388-446-0015;

(ii) Failure to provide a Social Security number under chapter 388-476 WAC; or

(iii) Not participating with work requirements as specified under chapter 388-444 WAC; or

(d) Persons who are ineligible aliens under WAC 388-424-0020.

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SHS-2449.1

NEW SECTION

WAC 388-400-0045  Food assistance program for legal immigrants (FAP)--General eligibility requirements. (1) A legal immigrant meets alien status eligibility for the state-funded food assistance program if the immigrant:

(a) Meets those alien status requirements of the Food Stamp Act of 1977 in effect prior to August 22, 1996;

(b) Is not eligible for federal food stamps solely due to the immigrant provisions of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, P.L. 104-193, as amended. The immigrant must meet alien status rules under WAC 388-424-0025.

(2) FAP provides the same amount of benefits as the federal food stamp program. Some assistance units may receive a combined benefit of both state and federal food stamps. Food assistance benefit levels are found in WAC 388-478-0060.

(3) FAP follows the same eligibility rules, except for alien status, as the federal food stamp program. The federal food stamp program summary is found in WAC 388-400-0040.

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SHS-2396:4

Chapter 388-404 WAC

AGE REQUIREMENTS

NEW SECTION

WAC 388-404-0005  Age of child eligible for TANF, SFA and GA-H. To be eligible for temporary assistance for needy families (TANF), state family assistance (SFA) or general assistance for children (GA-H), a child must be:

(1) Under age eighteen; or

(2) Under age nineteen; and:

(a) Participating full-time in a secondary school program or the equivalent level of vocational or technical training; and

(b) Reasonably expected to complete the program by the end of the month in which the child reaches age nineteen.

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NEW SECTION

WAC 388-404-0010  Age requirement for GA-U and ADATSA. To be eligible for general assistance - unemployable (GA-U) or the ADATSA program a person must be:

(1) At least eighteen years of age or older; or

(2) For GA-U only, if under eighteen years of age, a member of a married couple:

(a) Residing together, or

(b) Residing apart solely because a spouse is:

(i) On a visit of ninety days or less;

(ii) In a public or private institution;

(iii) Receiving care in a hospital, long-term care facility, or chemical dependency treatment facility; or

(iv) On active duty in the uniformed military services of the United States.

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NEW SECTION

WAC 388-404-0015  Definition of elderly person for food and cash assistance programs. For food and cash assistance, "elderly person" means a person sixty years of age or older.

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SHS-2397:5

Chapter 388-406 WAC

APPLICATIONS

NEW SECTION

WAC 388-406-0005  Who may apply. Any person may file an application for cash, medical or food assistance.

(1) For food assistance, applications may be made by a responsible household member or an authorized representative.

(2) For medical and cash assistance, an application may be made by:

(a) Persons applying on their own behalf or on behalf of their dependents;

(b) A legal guardian or caretaker applying on behalf of a minor or incompetent person; or

(c) Any other person acting on behalf of the applicant when application cannot be made under one of the preceding methods. For cash assistance the person must indicate the reason the applicant is not able to apply on his or her own behalf.

(3) For GA-U and medical programs, a Washington state resident who is temporarily living out of the state may apply through a person or agency acting on the client's behalf.

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NEW SECTION

WAC 388-406-0010  Filing an application. (1) A person may file an application by submitting a written request for benefits using a form designated by the department, to the applicant's local community service office (CSO) in person or by mail.

(a) A person may file an application on the same day that benefits are requested when the request is made in the applicant's local CSO during regular business hours.

(b) A household applying for food, medical and/or cash assistance may do so by submitting a single request for benefits.

(c) For food assistance, a household consisting only of clients applying for or receiving Supplemental Security Income (SSI) may file an application at the local Social Security Administration District Office (SSADO).

(d) Clients who receive SSI or who are otherwise determined eligible for Medicaid by the Social Security Administration will be authorized medical assistance without being required to file a separate application with the department.

(2) The request for benefits form must be as brief as administratively possible and seek information ordinarily known to the applicant, including:

(a) The name and address of the applicant;

(b) The type of assistance requested (i.e., food, medical and/or cash assistance);

(c) For medical and cash assistance:

(i) The applicant's telephone number, if known; and

(ii) The names, birthdates and social security numbers, if known, of all persons for whom assistance is requested; and

(d) For TANF and SFA, the names, birthdates and social security numbers, if known, of:

(i) All children under the age of nineteen who are living in the home and who are siblings of any child for whom assistance is being requested; and

(ii) All parents, if living in the home, of any child for whom assistance is requested.

(e) An application is required for a medically needy program client who requests eligibility beyond the certification period.

(3) To initiate an application, the filed request for benefits form must include:

(a) The name and address of the applicant; and

(b) The signature of the applicant or the applicant's representative.

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NEW SECTION

WAC 388-406-0015  Expedited service for food assistance. (1) Households eligible for expedited service will receive food assistance benefits by the end of the fifth calendar day from the date of application. For SSI recipients, this time frame begins on the date the:

(a) Applicant's local CSO receives the application of a noninstitutionalized SSI household; or

(b) Applicant is released from a public institution.

(2) Applicants are eligible for expedited service when the household:

(a) Has liquid resources of one hundred dollars or less and has gross monthly income under one hundred fifty dollars; or

(b) Has combined gross monthly income and liquid resources which are less than the household's current monthly rent and applicable utility allowance; or

(c) When all members are homeless; or

(d) Includes a destitute migrant or seasonal farmworker, as defined in WAC 388-406-0020, whose liquid resources do not exceed one hundred dollars.

(3) A household must provide verification of:

(a) The identity of the applicant; or

(b) The identity of the authorized representative who is applying for the household; and

(c) Other eligibility factors that can be verified within the five day time period specified in subsection (1) of this section.

(4) A household is not limited to the number of times it can receive expedited service if, following the last expedited certification, the household:

(a) Completes the postponed verification requirements; or

(b) Was certified by the regular nonexpedited processing methods.

(5) When a household is eligible for expedited service and an office interview is not required, the household will have:

(a) A telephone interview or home visit; and

(b) Still receive their benefits within the five-day expedited time period.

(6) A household is entitled to an agency conference within two working days from the date of denial for expedited service.

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NEW SECTION

WAC 388-406-0020  Destitute household definition. (1) A migrant or seasonal farmworker is considered destitute for the purposes of eligibility for food assistance when:

(a) The household's income for the month of application was received before the date of application and was from a source no longer providing income; or

(b) The household's income for the month of application is from a new source and the household will receive no more than twenty-five dollars during the ten calendar days from the date of application.

(2) A household member changing jobs but continuing to work for the same employer is considered to be receiving income from the same source.

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NEW SECTION

WAC 388-406-0025  Applicant to provide information needed to determine eligibility. The applicant or applicant's representative must cooperate with the department by providing information needed to determine eligibility. Cooperation includes:

(1) Completing an application form and any supplemental forms required by the department to determine eligibility.

(a) The applicant will be assisted by department staff in the completion of all required application forms when needed. All applicants will be screened to determine the need for necessary supplemental accommodation (NSA) services and provided with such services as required under WAC 388-200-1300.

(b) Completed application forms must be signed:

(i) For food assistance, by an adult household member or minor applicant when there is no adult member;

(ii) For TANF, SFA and RCA, by all adult applicants and minor parents, if living in the home, of children for whom assistance is requested;

(iii) For GA-S and GA-U, by the applicant and spouse, if living in the home, whether or not assistance is being requested on behalf of the spouse;

(iv) For medical programs, by the applicant's relative or representative when the applicant dies or is otherwise unable to complete the application;

(v) An applicant's signature by mark requires two witnesses. The signatures of witnesses must appear on the form and be identified by the department as witnesses.

(2) Completing an interview if required under chapter 388-452 WAC;

(3) Providing additional information needed to determine eligibility as required under WAC 388-406-0030.

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NEW SECTION

WAC 388-406-0030  Requests for additional information. An applicant is allowed at least ten calendar days to provide additional information required by the department to determine eligibility. This information will be requested in writing and may include supplemental forms and documents or statements verifying the applicant's circumstances as specified in chapter 388-490 WAC. The applicant is allowed additional time to provide requested information when:

(1) The applicant has requested, orally or in writing, additional time to provide the information; or

(2) The department determines the need for different or additional information following the initial interview or after having requested specific information. In these situations, the applicant will be:

(a) Provided with a written request for the additional information; and

(b) Allowed at least ten calendar days to provide the information.

(3) When the applicant for medical and cash assistance has not provided all of the requested information, the applicant will be:

(a) Provided with a written request for information still needed to determine eligibility; and

(b) Allowed at least ten calendar days to provide the information.

(4) All applicants who are assessed as needing NSA services will be assisted in complying with the requirements of this section as required under WAC 388-200-1300.

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NEW SECTION

WAC 388-406-0035  Time limits for processing applications. (1) The application process as defined in WAC 388-406-0050(1) must be completed as quickly as possible. The time limits specified in this section cannot be used as a waiting period for determining eligibility.

(2) When applying the time limits specified in this section, day one is the date following the date:

(a) A request for benefits form is received by the department as specified under WAC 388-406-0010;

(b) A household consisting solely of persons eligible for SSI files a food assistance application at the SSADO; or

(c) An SSI recipient applying for food assistance is released from a public institution when the person filed an application with the SSADO before release.

(3) Time limits are in calendar days unless otherwise specified. Time limits for application process completion are no more than:

(a) Thirty days for TANF, SFA, RCA, consolidated emergency assistance program (CEAP), and diversion cash assistance;

(b) Forty-five days for general assistance and alcohol and drug abuse treatment and shelter assistance (ADATSA); and

(c) Medical program benefits must be processed no more than:

(i) Sixty days when a disability decision is required;

(ii) Fifteen working days for pregnant women; and

(iii) Forty-five days for all other categories.

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NEW SECTION

WAC 388-406-0040  Delays in application processing. (1) When the department discovers that a food assistance application has not been processed within the initial thirty day time limit, and:

(a) The department has sufficient information to determine eligibility, the application will be processed without further delay; or

(b) If additional information is needed to determine eligibility, the household will be:

(i) Mailed or given a written request for the additional information needed to determine eligibility; and

(ii) Allowed an additional thirty day period to provide the information.

(2) When a household files a joint application requesting food assistance and medical or cash assistance:

(a) Approval of the food assistance application cannot be delayed pending the processing of the application for medical or cash assistance; and

(b) A new application for food assistance cannot be required if the application for medical or cash assistance is denied.

(3) For medical and cash assistance, application processing may be delayed only when good cause exists as specified in WAC 388-406-0045.

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NEW SECTION

WAC 388-406-0045  Good cause for delay in processing medical and cash assistance applications. (1) Good cause reasons for delay in processing a medical or cash assistance application include:

(a) The applicant does not provide requested information or take another required action;

(b) The eligibility decision depends on medical reports and there is a delay in obtaining the reports or in securing medical information;

(c) An eligibility determination depends on correspondence with out-of-state or intercity contacts and no other verification is available for the eligibility factor;

(d) An administrative or other emergency occurs which is beyond the department's control; or

(e) For cash assistance, an eligibility determination depends on extensive property appraisals.

(2) For medical assistance, good cause exists only when the department otherwise acted promptly at all stages of the application process.

(3) For TANF and SFA, good cause exists only when the department:

(a) Notifies the applicant in writing of specific information needed to determine eligibility within twenty days of the date of application;

(b) Notifies the applicant in writing of the need for additional information or action within five calendar days;

(c) Determines eligibility and disposes of the application within five working days of receiving all information necessary to determine eligibility; and

(d) Determines good cause exists and documents the decision in the case record on or before the time limit for processing the application expires.

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NEW SECTION

WAC 388-406-0050  Completing the application process. (1) Application processing is completed when the department makes an eligibility decision and:

(a) Authorizes benefits and, for food assistance, mails or gives a written approval notice to the applicant; or

(b) Mails or gives a written withdrawal or denial notice to the applicant.

(2) The applicant will be notified of the department's eligibility decision in writing. A notice of denial or withdrawal must meet the adequate notice requirements in WAC 388-458-0005.

(3) For cash, medical, and food assistance, an applicant may voluntarily withdraw an application orally or in writing.

(4) For medical and cash assistance, an application is considered withdrawn when the applicant:

(a) Fails to appear for a scheduled interview required for eligibility determination; and

(b) Does not contact the department to reschedule the interview within thirty days from the date of application.

(5) For approved applications, the date the applicant becomes eligible for assistance is established according to WAC 388-406-0055.

(6) A decision to deny an application must be made according to the requirements of WAC 388-406-0060.

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NEW SECTION

WAC 388-406-0055  Date of eligibility for approved applications. The effective date of eligibility for approved applications is:

(1) For cash assistance, the earlier of:

(a) The date the department has sufficient information to make an eligibility decision; or

(b) The last day of the time limit period specified in WAC 388-406-0035.

(2) For medical programs, as specified in chapter 388-416 WAC.

(3) For food assistance, except as described in subsections (4) and (5) of this section:

(a) The first day of the month following the end of the previous certification period for:

(i) All households that reapply before their previous certification period ends; and

(ii) Migrant and seasonal farmworker households that reapply within one month after their previous certification period ends; or

(b) The date of application for all other households.

(4) For food assistance applications approved after reconsideration as required by WAC 388-406-0065:

(a) The date the household provides required verification when:

(i) The application is denied because the applicant fails to respond to a written request for the verification, and

(ii) The household provides the requested verification after the end of the initial thirty-day time limit; or

(b) The date the household becomes eligible for TANF or SFA when:

(i) The household is denied nonassistance food assistance; and

(ii) Is later found to be categorically eligible for food assistance because TANF or SFA is approved.

(5) For food assistance applications not processed within the thirty-day time limit, the first day of the month following the month of application when:

(a) Required verification is not provided by the household by the end of the initial thirty-day time limit;

(b) The household provides the required verification by the end of the second thirty-day period; and

(c) The delay in providing the required verification is the fault of the household.

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NEW SECTION

WAC 388-406-0060  Denial of applications. (1) An application will be denied only when the department has not been able to establish the applicant's eligibility.

(2) An application cannot be denied solely because the applicant failed to provide requested information within a reasonably allowed period.

(3) For medical and cash assistance:

(a) An application cannot be denied based on a delay in obtaining medical information if the delay in obtaining the information is beyond the control of the applicant and the department;

(b) A decision to deny an application will be delayed for good cause as specified in WAC 388-406-0045; and

(c) An application for medical benefits will not be denied based on a failure to meet a spenddown obligation until at least thirty days after the end of the base period.

(4) If an applicant requests a fair hearing to contest the department's decision to deny an application because eligibility cannot be established based on information provided by the applicant, the issue in the hearing is whether the applicant can provide evidence to establish eligibility.

(5) Assistance will be denied to an entire assistance unit only when:

(a) Information required to establish eligibility for the entire assistance unit is not available to the department; or

(b) Circumstances which cause ineligibility affect all assistance unit members.

(6) An applicant will be notified of the department's decision to deny an application following notice requirements in WAC 388-458-0005.

(7) When an applicant for food assistance has not provided requested information within ten days:

(a) The application will be denied immediately if an application for TANF, SFA or SSI is not pending; or

(b) The denial decision may be delayed for up to thirty days from the date of application if an application for TANF, SFA or SSI is pending.

(8) A food assistance application which is not denied within the initial thirty-day period will be denied at the end of the second thirty-day period when:

(a) An eligibility decision could not be made based on information available to the department; and

(b) The applicant fails to provide requested information necessary to determine eligibility.

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NEW SECTION

WAC 388-406-0065  Reconsideration of denied applications. (1) For medical and cash assistance, an applicant is allowed thirty days from the date of a denial notice to provide information needed to determine eligibility as specified in the notice.

(a) A redetermination of eligibility will be made and eligibility will be determined based on the information provided unless the applicant's circumstances have changed to the extent that additional information is needed to determine eligibility.

(b) If eligibility is approved based on the information provided, the eligibility date is based on the application date of the denied application.

(2) A denial of an application for medical benefits will be rescinded if the applicant, following the thirty-day period specified in subsection (1) of this section:

(a) Timely requests a fair hearing to appeal the denial; and

(b) Provides additional information needed to establish eligibility, including medical expenses sufficient to meet spenddown if the applicant shows reasonable cause for the delay in verifying the medical expenses.

(3) For food assistance, an applicant is allowed thirty days from the end of the initial thirty-day period to provide information needed to determine eligibility as specified in a denial notice. If the information is provided, the eligibility date is determined as specified under WAC 388-406-0055.

(4) A denied food assistance application will be re-evaluated within sixty days of the application date when the household was:

(a) Applying for both food assistance and TANF, SFA or SSI; and

(b) Denied food assistance before TANF, SFA or SSI was approved.

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SHS-2371:7

Chapter 388-408 WAC

ASSISTANCE UNITS

NEW SECTION

WAC 388-408-0005  Definition of assistance unit for cash assistance programs. A cash assistance unit is a person or group of persons who live together and whose income, resources, and needs are considered as a unit for the purpose of determining eligibility and the amount of the cash assistance payment.

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NEW SECTION

WAC 388-408-0010  Assistance units for general assistance programs. (1) A GA-S assistance unit includes only the pregnant woman.

(2) A GA-U assistance unit includes:

(a) An incapacitated adult; or

(b) A married couple if both persons are incapacitated and living together.

(3) A married couple living together must be included in a single assistance unit when:

(a) The husband is incapacitated; and

(b) The wife is pregnant and not eligible for TANF.

(4) A GA-H assistance unit includes only the child or children eligible for GA-H.

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NEW SECTION

WAC 388-408-0015  Mandatory TANF and SFA assistance unit members. (1) A TANF assistance unit includes only a woman in her third trimester of pregnancy if there is no other eligible child in the home.

(2) A TANF, SFA or combined TANF/SFA assistance unit must include the following persons, if living together, unless the person must be excluded under WAC 388-408-0020 or is excluded at the option of the family under WAC 388-408-0025:

(a) The child for whom assistance is requested and that child's full, half or adoptive siblings;

(b) Any natural or adoptive parent or stepparent of any child who is included in the assistance unit;

(c) Any parent of a pregnant minor or minor parent who claims to be the needy caretaker relative of:

(i) The pregnant minor or minor parent;

(ii) The minor parent's child; or

(iii) The pregnant minor or minor parent's full, half or adoptive sibling.

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NEW SECTION

WAC 388-408-0020  Persons excluded from TANF and SFA assistance units. The following persons may not be included in a TANF or SFA assistance unit:

(1) Persons who are ineligible for reasons other than income and resources, except for adult family members who would make the family ineligible due to the TANF/SFA time limit as specified in chapter 388-484 WAC. Examples of persons who are ineligible for reasons other than income and resources are:

(a) Children who are not deprived of parental support and care as specified in chapter 388-430 WAC;

(b) Aliens who do not meet citizenship or alien status requirements for TANF or SFA as specified in chapter 388-424 WAC; and

(c) Children who do not live with relatives as specified in chapter 388-454 WAC.

(2) An adopted child if:

(a) The child receives federal, state or local adoption assistance; and

(b) Including the child would reduce the assistance unit's grant due to budgeting the adoption assistance income.

(3) Minor parents or children who have been placed in Title IV-E, state, or locally funded foster care except for temporary absences allowed for under WAC 388-454-0015;

(4) An adult parent in a two-parent household when:

(a) The other parent is unmarried and under the age of eighteen; and

(b) The department determines the living arrangement is not appropriate under WAC 388-486-0005.

(5) A recipient of SSI benefits.

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NEW SECTION

WAC 388-408-0025  Optional TANF and SFA assistance unit members. Unless excluded under WAC 388-408-0020, the following persons, if otherwise eligible, may be included in a TANF or SFA assistance unit at the option of the caretaker relative:

(1) One nonparental caretaker relative as defined in WAC 388-454-0010 if a parent of a child in the assistance unit does not reside in the home;

(2) The step siblings of a child included in the assistance unit;

(3) Children who are not siblings of a child included in the assistance unit;

(4) The siblings of a child receiving SSI;

(5) Any parent of a child receiving SSI;

(6) One nonparental relative of specified degree of a child receiving SSI if the child's parent or parents are not living in the home;

(7) One nonparental relative of specified degree of a child in the home receiving foster care; and

(8) For recipient assistance units, the child of unmarried parents when the child is living with both parents.

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NEW SECTION

WAC 388-408-0030  Consolidation of TANF and SFA assistance units. (1) All children included as mandatory or optional members and who live with the same caretaker relative or relative married couple must be included in a single assistance unit.

(2) Children do not have to be full, half, or adopted brothers or sisters to be included in the same assistance unit.

(3) When a change of circumstances occurs which makes one or more assistance unit members ineligible for cash assistance, assistance is continued for all assistance unit members who remain eligible.

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NEW SECTION

WAC 388-408-0035  Assistance units for food assistance. (1) For food assistance, a household is:

(a) A person living alone;

(b) A group of people living together who purchase or prepare meals together;

(c) A group of people living together who are required to be one household because of the relationship to each other as described in subsection (2) of this section; or

(d) An elderly person with permanent disabilities who is unable to prepare meals. The combined income of all others living in the residence (excluding the spouse) cannot exceed the one hundred sixty-five percent standard under WAC 388-478-0060. The person's spouse must be included in the food assistance household.

(2) The following people living together must be one household even if they purchase and prepare meals separately:

(a) Spouses which means persons who are legally married or who present themselves as husband and wife to the community, friends and relatives;

(b) Parents and their children under twenty-two years of age regardless of the child's marital status; and

(c) Children under eighteen years of age and the adult who the child is living with when the adult is not the child's parent. When a minor child lives with an adult who is not the child's parent, the child is considered to be under parental control unless the child receives in their own name:

(i) A TANF grant; or

(ii) Gross income equal to or exceeding the TANF grant standard in WAC 388-478-0020(2).

(3) A household member who is absent from the household a full issuance month, is not eligible for benefits with that household.

(4) The following persons living in the residence are not household members and if eligible may be a separate food assistance household:

(a) Roomers who are persons that pay for lodging but not meals;

(b) Others who purchase and prepare meals separately from the household; or

(c) Live-in attendants regardless of purchase and prepare arrangements.

(5) The following persons living in the residence are not household members and are not eligible for food assistance as a separate household:

(a) Ineligible students; and

(b) Persons eighteen to fifty years old without dependents who are no longer eligible for benefits as specified in chapter 388-444 WAC.

(6) A person who is living in the residence and is not a household member as described in subsection (4) and (5), is not included when household size, income eligibility, and benefit level are determined for the food assistance unit.

(7) A boarder is a person who:

(a) Is paying a reasonable amount for lodging and meals as determined by the department; or

(b) Is in foster care.

(8) A client can exclude a boarder at the client's request. If excluded, the boarder cannot be a separate food assistance household. Residents of licensed for-profit boarding homes are not eligible for benefits.

(9) The following household members are ineligible for food assistance and are considered ineligible members:

(a) Those disqualified for:

(i) Intentional program violation (IPV) as specified in WAC 388-446-0015;

(ii) Noncompliance with work requirements as specified in WAC 388-444-0055; or

(iii) Failure to provide SSN as specified in WAC 388-476-0005;

(b) Those who fail to sign the application attesting to citizenship or alien status or immigrants not eligible because of alien status;

(c) Fleeing felons as specified in WAC 388-442-0010(1); or

(d) Those convicted of drug felonies as described under WAC 388-442-0010(2).

(10) A person who is living in the residence and is an ineligible household member is not included when household size and benefit level is determined.

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NEW SECTION

WAC 388-408-0040  Residents of institutions. (1) Most residents of institutions are not eligible for food assistance benefits. Residents of the following institutions may be eligible:

(a) Federally subsidized housing for the elderly;

(b) Qualified drug and alcohol treatment centers when an employee of the treatment center is the authorized representative;

(c) Qualified group homes for persons with disabilities;

(d) A shelter for battered women and children when the resident left the home that included the abuser; or

(e) Nonprofit shelters for the homeless. Homeless clients may use food stamps to purchase prepared meals from meal providers for the homeless.

(2) A qualified group home is a nonprofit residential facility that:

(a) Houses sixteen or fewer persons with disabilities as defined under WAC 388-400-0040(6); and

(b) Is certified by the division of developmental disabilities (DDD).

(3) Elderly or disabled household members and spouses may use food stamps to purchase meals from the following when approved by FNS:

(a) Communal dining facility; or

(b) Nonprofit meal delivery service.

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NEW SECTION

WAC 388-408-0045  Shelters for battered women and children. (1) Persons living in a shelter for battered women and children may receive food assistance.

(2) A shelter resident who left a food assistance household that included the abuser:

(a) Is certified as a separate household;

(b) May receive an additional allotment even when the resident already received benefits with the abuser; and

(c) Are certified on the basis of:

(i) Income and resources to which they have access; and

(ii) Expenses for which they are responsible.

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NEW SECTION

WAC 388-408-0050  Homeless status for food assistance. A client is considered homeless when they do not have a regular nighttime residence or when they stay primarily in a:

(1) Supervised shelter that provides temporary living or sleeping quarters;

(2) Halfway house providing temporary residence for persons going into or coming out of an institution;

(3) Residence of another person that is temporary and the client has lived there for ninety days or less; or

(4) A place not usually used as sleeping quarters for humans.

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NEW SECTION

WAC 388-408-0055  Medical assistance units. (1) A medical assistance unit (MAU) is determined on the basis of relationship and financial responsibility.

(a) Married persons, living together are financially responsible for each other;

(b) Parents are financially responsible for their unmarried, minor children living in the same household;

(c) A parent's financial responsibility is limited when their minor child is receiving inpatient chemical dependency or mental health treatment. Only the income a parent chooses to contribute to the child is considered available when:

(i) The treatment is expected to last ninety days or more;

(ii) The child is in court-ordered out-of-home care in accordance with chapter 13.34 RCW; or

(iii) The department determines the parents are not exercising responsibility for the care and control of the child.

(d) Minor children are not financially responsible for their parents or for their siblings.

(2) Certain situations require the establishment of separate MAUs for some family members living in the same household. Separate MAUs are established for:

(a) A pregnant minor, regardless of whether she lives with her parent(s);

(b) A child with income;

(c) A child with resources which makes another family member ineligible for medical assistance;

(d) A child of unmarried parents when both parents reside with the child;

(e) Each unmarried parent of a child in common, plus any of their children who are not in separate MAUs;

(f) A nonresponsible caretaker relative;

(g) SSI recipients or persons related to SSI from the non-SSI related family members;

(h) The purpose of applying medical income standards for an:

(i) SSI-related applicant whose spouse is not relatable to SSI or is not applying for SSI-related medical; and

(ii) Ineligible spouse of an SSI-recipient.

(3) Only the parent's income actually contributed to a pregnant minor is considered income to the minor.

(4) A parent's income up to one hundred percent of the Federal Poverty Level (FPL) is allocated to the parent and other members of the parent's MAU. The excess is allocated among their children in separate MAUs.

(5) A parent's resources are allocated equally among the parent and all persons in the parent's household for whom the parent is financially responsible. This includes family members in separate MAUs.

(6) Countable income for medical programs is described in WAC 388-450-0150 and 388-450-0210.

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SHS-2427:5

Chapter 388-410 WAC

BENEFIT ERROR

NEW SECTION

WAC 388-410-0001  Cash/medical assistance overpayments. (1) An overpayment means any assistance paid to an assistance unit where:

(a) Eligibility for the payment did not exist; or

(b) Assistance paid was in excess of need.

(2) There are two different types of overpayments for cash and medical assistance:

(a) Intentional overpayments; and

(b) Unintentional overpayments.

(3) The client is presumed to have committed an intentional overpayment when the client willfully or knowingly:

(a) Fails to report within twenty days a change in circumstances that affects the client's eligibility or need; or

(b) Misstates or fails to reveal a material fact that affects eligibility or need as specified in WAC 388-446-0001.

(4) All overpayments that are not due to the willful or knowing failure of the client to provide information necessary to determine eligibility are considered unintentional overpayments.

(5) Child support payments received directly from the absent parent are not treated as a grant overpayment if kept by the caretaker relative. Such payments are considered a debt to the division of child support.

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NEW SECTION

WAC 388-410-0005  Cash and medical assistance overpayment amount and liability. (1) The amount of overpayment for cash and medical assistance households is determined by the amount of assistance received to which the assistance unit was not entitled.

(2) Cash and medical assistance overpayments are recovered from:

(a) Any individual member of an overpaid assistance unit, whether or not the member is currently a recipient; or

(b) Any assistance unit of which a member of the overpaid assistance unit has subsequently become a member.

(3) A cash or medical assistance overpayment is not recovered from:

(a) A nonneedy caretaker relative or guardian who received no financial benefit from the payment of assistance; or

(b) A person not receiving assistance when an unintentional overpayment of less than thirty-five dollars is discovered and/or computed.

(4) Overpayments resulting from incorrectly received cash assistance are reduced by:

(a) Cash assistance a household would have been eligible to receive from any other category of cash assistance during the period of ineligibility; and

(b) Child support the department collected for the month of overpayment in excess of the amount specified in (a) of this subsection; or

(c) Any existing grant underpayments.

(5) A cash assistance overpayment cannot be reduced by a medical or food assistance underpayment.

(6) A medical assistance overpayment cannot be reduced by a cash or food assistance underpayment.

(7) An underpayment from one assistance unit cannot be credited to another assistance unit to offset an overpayment.

(8) All overpayments occurring after January 1, 1982 are required to be repaid by mandatory grant deduction except where recovery is inequitable as specified in WAC 388-410-0010.

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NEW SECTION

WAC 388-410-0010  Repayment of grant overpayment occurring prior to April 3, 1982, and resulting department error. (1) An assistance unit will not be held liable for an overpayment occurring prior to April 3, 1982, which was caused by departmental error, until the department determines recovery would not be inequitable. Recovery is considered inequitable if:

(a) The department informed the recipient or the recipient's authorized representative that the recipient was entitled to part or all of the financial assistance or services overpaid; or

(b) The department acted in a manner which would reasonably lead the recipient to believe he/she was eligible to receive the assistance or services overpaid; and

(c) The recipient retained or accepted the assistance with the understanding that he/she had the right to rely upon the information received from the department; and

(d) The recipient would suffer an injury if the department were allowed to refuse to recognize the department's admission, statement, act or omission; and

(e) Injury as used in this section includes liability for repayment of a debt due the state.

(2) If the department determines recovery would be inequitable:

(a) The recipient is not liable for repayment;

(b) The overpayment is not a debt due the state; and

(c) The recipient is so informed.

(3) If recovery would not be inequitable, the recipient will be notified:

(a) Of the specific reason why recovery is not inequitable;

(b) That the recipient is liable for repayment of the debt;

(c) Whether the overpayment is subject to a mandatory deduction from the current grant; and

(d) Of the right to contest the decision.

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NEW SECTION

WAC 388-410-0015  Recovery of cash assistance overpayments by mandatory grant deduction. (1) All overpayments of cash assistance are recovered by means of a mandatory deduction from future continuing assistance grants except as specified by WAC 388-410-0010.

(2) All members of an overpaid assistance unit are responsible for repayment of an overpayment. Repayment may be from:

(a) Resources and/or income; or

(b) Deductions from subsequent grants; and

(c) An assistance unit member's estate.

(3) The mandatory grant deduction of an intentional overpayment is ten percent of the monthly grant payment standard.

(4) A monthly grant deduction of up to one hundred percent of the grant can be established when:

(a) The overpayment is intentional;

(b) The client has liquid resources available but refuses to use these resources in full or partial satisfaction of the overpayment; and

(c) The amount of income and resources remaining available to the assistance unit is not less than ninety percent of the grant payment standard.

(5) An unintentional overpayment is recovered by grant deduction of five percent of the monthly grant payment standard unless the client voluntarily requests a larger deduction in writing.

(6) A monthly deduction for overpayment recovery can be established against the clothing and incidental grant of a recipient in a nursing facility, intermediate care facility, or hospital. A monthly deduction cannot be established against the vendor payment to the nursing facility, intermediate care facility or hospital.

(7) When the monthly grant deduction is equal to or more than the current grant for which the client is eligible had no overpayment occurred, the grant is suspended.

(8) No more than the total amount of an overpayment may be collected by mandatory deduction from a client's public assistance grant. The client will receive compensation for an underpayment resulting from any erroneous monthly deduction.

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NEW SECTION

WAC 388-410-0020  Food assistance overpayments. There are three different types of overpayments in the food assistance program. These types are:

(1) An administrative error overpayment defined as an overpayment caused solely by:

(a) The department's action or failure to act causing an incorrect determination of categorical eligibility (CE); and

(b) A resulting claim which can be computed based on a change in net income or assistance unit size.

(2) An inadvertent household error overpayment defined as any overpayment caused by either misunderstanding or unintended error by a household that is:

(a) The result of Social Security Administration (SSA) action or failure to act causing an incorrect determination of CE; and

(b) A resulting claim which can be computed based on a change in net income or assistance unit size.

(3) An intentional program violation overpayment defined as any overpayment resulting from an intentional program violation as specified under chapter 388-446 WAC.

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NEW SECTION

WAC 388-410-0025  Food assistance overpayment liability. (1) Food assistance overpayment claims are established against any assistance unit:

(a) Receiving more food assistance benefits than it was entitled to receive; or

(b) Containing an adult member who was an adult member of another assistance unit receiving more benefits than it was entitled to receive.

(2) All persons who were adult members of a food stamp assistance unit at the time of a food stamp overpayment are jointly and separately liable and are subject to collection action.

(3) A food assistance administrative error claim or inadvertent household error claim cannot be established unless the assistance unit:

(a) Signed the application form; and

(b) Was certified by the community service office (CSO) in the correct catchment area; or

(c) Cashed an expired food coupon authorization card that was altered by the assistance unit.

(4) An administrative error overpayment is established when:

(a) Discovered within twelve months of its occurrence; and

(b) The household is mailed a recovery demand letter and the overpayment is calculated within twenty-four months of discovery.

(5) An inadvertent household error overpayment is established when:

(a) Discovered within twenty-four months of its occurrence; and

(b) The household is mailed a recovery demand letter and the overpayment is calculated within twenty-four months of discovery.

(6) An intentional program violation overpayment is established when:

(a) Discovered within seventy-two months of its occurrence; and

(b) The household is mailed a recovery demand letter and the overpayment is calculated within twenty-four months of discovery.

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NEW SECTION

WAC 388-410-0030  Food assistance overpayment amount and recovery. (1) The amount of a food assistance overpayment is determined by counting the difference between:

(a) The allotment actually authorized; and

(b) The allotment that should have been authorized.

(2) The monthly allotment the assistance unit should have been authorized is determined counting the actual income received by the assistance unit.

(3) A food assistance overpayment can be reduced by a food assistance underpayment if the underpayment was:

(a) Not previously restored; or

(b) Already used to reduce an overpayment.

(4) All inadvertent household or administrative error claims are subject to collection unless:

(a) The entire overpayment claim is cancelled by an underpayment;

(b) The administrative error claim is less than one hundred dollars;

(c) The inadvertent household error claim is less than thirty-five dollars;

(d) The department cannot locate the liable household; or

(e) An attempt to collect will prejudice an inadvertent household error case referred for possible prosecution or administrative disqualification.

(5) An intentional program violation is subject to collection action against the liable assistance unit unless:

(a) The assistance unit has repaid the overpayment;

(b) The assistance unit cannot be located; or

(c) The department determines collection action will prejudice the case against an assistance unit member referred for prosecution.

(6) An assistance unit or assistance unit member may repay an overpayment by:

(a) A lump sum;

(b) Regular installments under a payment schedule as specified in subsection (7) of this section; or

(c) Allotment reduction.

(7) Currently participating food assistance units liable for an inadvertent household error or intentional program violation overpayment may repay by a negotiated monthly installment amount. The repayment amount must not be less than the amount that could be recovered through allotment reduction. The payment schedule may be renegotiated by either the department or the assistance unit member.

(8) Food assistance units repaying overpayments by allotment reduction will repay:

(a) An administrative error overpayment by an amount agreed to by the assistance unit;

(b) An inadvertent household error overpayment by the greater of:

(i) Ten percent of the assistance unit's monthly allotment; or

(ii) Ten dollars per month.

(c) An intentional program violation overpayment by the greater of:

(i) Twenty percent of the household's monthly allotment; or

(ii) Ten dollars per month.

(9) Involuntary reduction of the allotment an assistance unit is currently receiving is authorized when the household is liable for an inadvertent household error; and

(a) Fails to notify the department of their chosen repayment agreement; or

(b) Fails to request a fair hearing and continued benefits within twenty days of receipt of notice from the department of collection action.

(10) An assistance unit that is liable for an intentional program violation claim must chose a repayment agreement within ten days of receipt of notice of collection action. Failing to do so will subject the assistance unit to involuntary reduction of their current food assistance allotment.

(11) A household that fails to meet the terms of an agreed repayment schedule is subject to involuntary reduction of their current food assistance allotment unless:

(a) Overdue payments are caught up; or

(b) The household requests renegotiation of the payment schedule.

(12) Collection action is suspended when:

(a) A liable household member cannot be located; or

(b) Cost of further collection action is likely to exceed the amount that can be recovered.

(13) The amount of an overpayment can be negotiated if the amount offered approximates the net amount expected to be collected prior to the expiration of the collection period by statute.

(14) Prior to the expiration of the collection period, unpaid overpayments are written off and any applicable liens are released when:

(a) There is no further possibility of collection;

(b) There was an accepted offer of compromise leaving an unpaid balance after payment; or

(c) There is an unpaid balance remaining after a case has been in suspense for three consecutive years.

(15) Food assistance overpayments occurring in another state may be collected in this state if the originating state does not intend to pursue collection and provides the following:

(a) Documentation of the overpayment computation and overpayment notice prepared for the client; and

(b) Proof of service showing the client received the overpayment notice.

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NEW SECTION

WAC 388-410-0035  Alien and alien sponsor cash, and food assistance overpayments. (1) An alien and their sponsor are jointly and individually liable for any overpayment of cash or food assistance made to the alien during the three years after the alien's entry into the United States.

(2) When an overpayment to a sponsored alien results from incorrect information provided by the alien's sponsor, both the alien and the sponsor are liable for repayment.

(3) When the alien's sponsor had good cause for reporting the incorrect information, the sponsored alien is solely liable for an inadvertent household error overpayment.

(4) When good cause does not exist, collection action is initiated against:

(a) The alien's sponsor; or

(b) The sponsored alien's assistance unit; or

(c) Of the two, the one considered most likely to repay first.

(5) Collection action is initiated against an alien's sponsor for an inadvertent household error when:

(a) A department representative contacts the sponsor in person or by phone; and

(b) The sponsor is informed in writing there will be no responsibility for repayment if good cause for reporting incorrect information causing the overpayment can be demonstrated.

(6) Collection action is initiated against the sponsored alien's assistance unit for an inadvertent household error when:

(a) Collection action is taken first against the alien's sponsor; and

(b) The alien's sponsor does not respond within thirty days; or

(c) The sponsored alien provides incorrect information concerning the sponsor or sponsor's spouse through misunderstanding or unintended error.

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NEW SECTION

WAC 388-410-0040  Cash and food assistance underpayments. (1) All cash assistance underpayments not credited against an overpayment are repaid upon discovery to any current or former recipient.

(2) All food assistance benefits underpaid are restored when:

(a) An underpayment was caused by department error;

(b) An administrative disqualification for intentional program violation was reversed;

(c) A rule or instruction specifies restoration of unpaid benefits; or

(d) A court action finds benefits were wrongfully withheld.

(3) A client is eligible for restoration of underpaid benefits for any of the twelve months prior to:

(a) The month the client requests restoration;

(b) The month the department discovers an underpayment;

(c) The date the household makes a fair hearing request when a request for restoration of benefits was not received; or

(d) The date court action was started when the client has taken no other action to obtain restoration of benefits.

(4) The client may request a fair hearing if they disagree with the amount of benefits the department determines were underpaid.

(5) If household composition changes prior to the department's restoration of an underpayment, the underpayment is paid to:

(a) First, the household containing a majority of the persons who were household members at the time of the underpayment; or

(b) Second, the household containing the head of the household at the time of the underpayment.

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Chapter 388-412 WAC

BENEFIT ISSUANCES

NEW SECTION

WAC 388-412-0005  Cash assistance payments. For cash assistance payments, the state issues a warrant which looks similar to a check.

(1) Each separate assistance receives a separate cash benefit grant, even if there are multiple assistance units in the same residence.

(2) A married couple who both receive any general assistance benefit must be considered one assistance unit. However, cash payments are made individually and will not exceed one half of the two-person GA-U standard.

(3) Grants are rounded down to the next whole dollar amount with the following exceptions:

(a) Clothing and personal incidental (CPI) allowance; and

(b) Grants with a deduction for repayment of an overpayment.

(4) Grant payments are not issued for under ten dollars except:

(a) Grants with a deduction for repayment of an overpayment;

(b) CPI allowances with income deducted; or

(c) Supplemental Social Security (SSI) interim assistance payments.

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NEW SECTION

WAC 388-412-0010  Endorsing the warrant. (1) Clients must endorse their warrants unless they have executed a power of attorney. If a client has given someone else a power of attorney, the client must give the department a copy.

(2) If a client is unable to sign the warrant, it must be endorsed by the client's mark or thumb print witnessed by two people. The witnesses must give their names and addresses to the person that cashes the warrant.

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NEW SECTION

WAC 388-412-0015  Food assistance allotments. (1) A client's food assistance benefit amount is called an allotment. An allotment is the total dollar value of coupons an eligible assistance unit receives for a calendar month.

(2) Assistance units with no income receive the maximum allotment as described under the thrifty food plan (TFP) in WAC 388-478-0060. Assistance units with net income receive smaller amounts.

(3) When an assistance unit has income, the allotment is determined by:

(a) Multiplying the assistance unit's net monthly income by thirty percent and rounding down that amount to the next whole dollar; and

(b) Subtracting the results from the thrifty food plan for the appropriate assistance unit size as specified in WAC 388-478-0060.

(4) Except for those described in WAC 388-406-0055 eligible assistance units receive benefits from the effective date of eligibility to the end of the first month. This is called proration and is based on a thirty-day month.

(5) In the first month of eligibility, assistance units do not receive an allotment when the amount is less than ten dollars.

(6) Eligible one and two person assistance units receive a minimum ten dollar allotment:

(a) After the first month of eligibility; or

(b) In the first month of eligibility when the CSO receives the assistance unit's application on the first day of the month.

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NEW SECTION

WAC 388-412-0020  Mail delivery of benefit issuances. Benefits are mailed to the address where clients live except when:

(1) The department redirects the benefit issuance to the local office;

(2) The department has established there are problems with receiving mail at the client's address;

(3) A client requests in writing that the benefit issuance be mailed to the local office, such as a homeless client without an address; or

(4) A client requests that the benefit issuance be sent to a temporary address for less than ninety days.

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NEW SECTION

WAC 388-412-0025  Issuing food assistance benefits. (1) An eligible assistance unit is issued benefits by means of:

(a) A food coupon authorization (FCA) card that must be redeemed for food coupons;

(b) Food coupons mailed directly to the client; or

(c) Electronic benefit transfers (EBT).

(2) Clients are issued food assistance benefits during the first ten days of the month.

(3) A client must redeem an FCA for coupons during the period that is specified on the FCA card.

(4) Eligible clients applying on or after the 16th of the month are issued one allotment called a combined issuance that includes benefits for:

(a) The month of application; and

(b) The following month.

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NEW SECTION

WAC 388-412-0030  Returning a warrant. (1) A person who has possession of a warrant payable to a deceased payee must return the warrant to the department for cancellation.

(2) A person who has possession of a warrant payable to an assistance unit payee who has left the home and is not likely to return during the month to endorse the warrant, must return the warrant to the CSO.

(3) The warrant will be reissued to another eligible payee for the assistance unit.

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NEW SECTION

WAC 388-412-0035  Loss, theft, destruction or nonreceipt of a warrant issued to clients and vendors. The following applies to replacements of warrants issued to clients and to vendors on behalf of clients.

(1) The department does not replace a warrant or the cash proceeds from a warrant which was endorsed by a client.

(2) Clients asking for a replacement of a warrant which was not endorsed by them must:

(a) Complete a notarized statement called an affidavit;

(b) Provide all facts surrounding the loss, theft, destruction or nonreceipt of the warrant; and

(c) File a report with the police or the post office, as appropriate.

(3) If a client is eligible to receive a replacement, the warrant is issued:

(a) On or before the tenth of the month in which the warrant was due; or

(b) Within five working days of the date the decision is made to replace the warrant, whichever is later.

(4) A client is issued the full amount of the original warrant if the warrant is replaced.

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NEW SECTION

WAC 388-412-0040  Replacing lost, stolen, or destroyed food assistance allotments. (1) A client may receive a replacement for a one month food assistance allotment when:

(a) An FCA or food coupons are lost or stolen from the mail;

(b) An FCA is stolen after receipt; or

(c) An FCA card, coupons or food purchased with coupons are destroyed in a disaster.

(2) To get a replacement, a client must:

(a) Report the theft or destruction within ten days of the incident; or

(b) Report nonreceipt of the benefits within the period that benefits are intended to be used; and

(c) Sign a department affidavit within ten days of the report attesting to the loss.

(3) A client's request for a replacement is denied when:

(a) Certified mail coupons are signed for by any person residing or visiting at the address provided by the client;

(b) Coupons or an FCA card are lost or misplaced after receipt;

(c) Coupons are stolen after receipt;

(d) A client already received two replacements described in subsection (1) above within the previous five months; or

(e) The request is determined to be fraudulent.

(4) A client cannot receive a disaster food stamp program allotment and a replacement allotment for the same period.

(5) A replacement as specified in subsection (1) will not count against an assistance unit when:

(a) An allotment is returned to the department;

(b) The original or replacement FCA is not cashed;

(c) The replacement is issued because of a department error;

(d) A partial coupon delivery is caused by a department error; or

(e) The coupons delivered are improperly made or are mutilated. There must be at least three-fifths of the each coupon to turn in for an exchange.

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SHS-2426:4

Chapter 388-414 WAC

CATEGORICAL ELIGIBILITY FOR FOOD ASSISTANCE

NEW SECTION

WAC 388-414-0001  Food assistance categorical eligibility. (1) A food assistance unit is categorically eligible (CE) to receive food benefits when all members are authorized to receive a cash benefit under any of the following cash programs:

(a) Temporary assistance for needy families (TANF);

(b) State family assistance (SFA);

(c) Supplemental Security Income (SSI); or

(d) General assistance cash programs.

(2) Some food assistance units are not categorically eligible to receive food benefits even after meeting the requirements in subsection (1) of this section. Categorical eligibility does not happen when the entire assistance unit or any member of the unit fits into the following situations:

(a) The entire food assistance unit is:

(i) Living in an institution;

(ii) Disqualified from receiving food assistance for any reason; or

(iii) Terminated from food assistance because of failure to meet monthly reporting requirements.

(b) Any member of the food assistance unit is:

(i) Disqualified from food assistance for an intentional program violation (IPV);

(ii) Disqualified from food assistance because of failure to meet work registration requirements;

(iii) Not eligible for food assistance because of their alien or student status; or

(iv) Receiving SSI as an essential person or an ineligible spouse, not eligible for SSI on their own behalf.

(3) A categorically eligible assistance unit has already met cash eligibility requirements. Some requirements are similar for food assistance. A food assistance unit determined to be categorically eligible does not have to meet food assistance eligibility requirements regarding:

(a) Residency;

(b) Social security number;

(c) Sponsored alien;

(d) Resources; and

(e) The gross and net income standards.

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SHS-2412:6

Chapter 388-416 WAC

CERTIFICATION PERIODS

NEW SECTION

WAC 388-416-0005  Certification periods for food assistance. A certification period is the specified time the assistance unit is determined eligible. Assistance units are certified for:

(1) Up to twenty-four months for assistance units without earned income and all members are elderly;

(2) Up to twelve months for assistance units:

(a) Receiving cash assistance;

(b) With earned income and required to report monthly; or

(c) Without earned income and all household members are disabled or elderly.

(3) Up to six months for:

(a) Assistance units with recent work history and required to report monthly; or

(b) Assistance units not likely to have any changes.

(4) Up to three months for assistance units:

(a) Consisting of migrants; or

(b) All other assistance units not included in this section.

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NEW SECTION

WAC 388-416-0010  Medical certification periods for recipients of cash assistance programs. (1) The certification period for medical services begins on the first day of the month of application when the client is determined eligible for cash assistance for one of the following programs:

(a) Temporary assistance for needy families (TANF) or state family assistance (SFA); or

(b) Supplemental Security Income (SSI); or

(c) General assistance for pregnant women (GA-S); or

(d) General assistance for children (GA-H); or

(e) Refugee assistance.

(2) The certification period for the medical programs associated with the cash programs in subsection (1) of this section continues as long as eligibility for these programs lasts. When a client's cash assistance is terminated, eligibility for medical assistance is continued until eligibility is redetermined as described in WAC 388-418-WAC.

(3) The certification period for medical can begin up to three months prior to the month of application for clients described in subsection (1) of this section if the conditions in WAC 388-416-0015(6) apply.

(4) The certification period for medical care services begins on the date eligibility begins for the following cash assistance programs:

(a) General assistance for unemployable persons (GA-U); or

(b) Alcohol and drug abuse treatment and support act (ADATSA) programs, when the client is either receiving a grant or waiting for treatment to begin.

(5) The certification period for medical care services for clients in subsection (4) of this section runs concurrently with the period of eligibility for the client's cash assistance program.

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NEW SECTION

WAC 388-416-0015  Certification periods for categorically needy (CN) programs. (1) Eligibility for categorically needy (CN) medical assistance begins on the first day of the month of application. Eligibility ends on the last day of the last month of the certification period.

(2) TANF/SFA-related, and SSI-related CN medical are each certified for twelve months.

(3) The pregnant women's program is certified through the end of the month which includes the sixtieth day from the day the pregnancy ends.

(4) The children's medical program is certified for twelve months or through the end of the month the child turns nineteen, whichever is earlier. This period can be extended when:

(a) The child is receiving inpatient services on the last day of the month when the child turns nineteen; and

(b) The inpatient stay continues into the following month or months; and

(c) The child remains eligible except for exceeding the age requirement.

(5) The newborn medical program is certified through the end of the month that the newborn turns one year old.

(6) The certification period can begin up to three months immediately prior to the month of application when:

(a) The client would have been eligible for medical assistance, had the client applied;

(b) The client received medical services which are covered by DSHS, as described in WAC 388-529-0100; and

(c) If eligibility is only for a retroactive period, that period is the only period of certification.

(7) Any months of a retroactive certification period are added to the designated certification period.

(8) Medical assistance is continued until eligibility is redetermined as described in chapter 388-418 WAC.

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NEW SECTION

WAC 388-416-0020  Certification periods for noninstitutionalized medically needy (MN) program. (1) The certification period for the noninstitutionalized medically needy (MN) program begins:

(a) On the first day of the month in which hospital expenses equal the spenddown amount; or

(b) On the day that spenddown is met, when hospital expenses are less then the spenddown amount or no hospital expenses are involved.

(2) The certification period continues through the last day of the final month of the base period as described in chapter 388-519 WAC.

(3) The certification period can begin up to three months immediately prior to the month of application as described in chapter 388-519 WAC.

(4) The certification period for MN clients with income below the medically needy income level (MNIL) is twelve months.

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NEW SECTION

WAC 388-416-0025  Certification period for children's health program. (1) The certification period for the children's health program begins on the first day of the month of application.

(2) The certification period continues for twelve months or through the end of the month the child turns eighteen, whichever is earlier. This period can be extended as described in WAC 388-416-0015(4).

(3) The certification period can begin up to three months immediately prior to the month of application, as described in WAC 388-416-0015 (6) and (7).

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NEW SECTION

WAC 388-416-0030  Certification periods for the medically indigent (MI) program. (1) A client must meet the emergency medical expense requirement (EMER), before eligibility can be determined for the medically indigent (MI) program.

(2) If the client is not required to spenddown excess income or resources, the certification period for MI begins on the date that the EMER was met.

(3) When an MI applicant must satisfy a spenddown amount, the certification period begins:

(a) On the first day of the month in which hospital expenses (excluding the EMER) equal the spenddown amount; or

(b) On the day that spenddown is met, when hospital expenses are less than the spenddown amount.

(4) The certification period cannot exceed three calendar months in a twelve month period.

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NEW SECTION

WAC 388-416-0035  Certification periods for Medicare cost sharing programs. (1) The certification period for the qualified Medicare beneficiary (QMB) program:

(a) Is for twelve months; and

(b) Begins the first day of the month following the month of QMB eligibility determination; and

(2) The certification period for the qualified disabled working individual (QDWI) program:

(a) Is twelve months; and

(b) May begin up to three months prior to the month of application if on the first day of the first month of the certification period the person:

(i) Is or had been enrolled in Medicare Part A; and

(ii) Meets or has met the department's eligibility requirements for QDWI.

(3) The certification period for the:

(a) Special low income medicare beneficiary (SLMB) program is twelve months in duration;

(b) Expanded special low income medicare beneficiary (ESLMB) program extends to the end of the calendar year.

(4) The certification periods for SLMB and ESLMB may begin up to three months prior to the month of application if on the first day of the first month of the certification period the person:

(a) Is or has been enrolled in Medicare Part B; and

(b) Meets or has met the department's eligibility requirements for SLMB or ESLMB.

(5) The certification period for SLMB coverage is twelve months in duration.

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SHS-2434:5

Chapter 388-418 WAC

CHANGE OF CIRCUMSTANCE

NEW SECTION

WAC 388-418-0005  Reporting requirements. (1) For cash and food assistance:

(a) Clients must report changes within ten days of the date the change becomes known to the assistance unit.

(b) Clients who report changes on a monthly report as specified under chapter 388-456 WAC are not required to report within the ten-day period.

(2) For medical care services, clients must report changes within twenty days of the date the change becomes known to the client.

(3) Food assistance clients are required to report the following:

(a) A change in the amount of gross monthly income of more than twenty-five dollars except for changes in public assistance income;

(b) A change in the source of income;

(c) A change in household size such as addition or loss of a household member;

(d) A change in residence and the resulting change in shelter cost;

(e) Obtaining a licensed vehicle;

(f) The end of a temporary disability when the temporary disability is the reason for excluding a vehicle; and

(g) When a change in the assistance unit's countable liquid resources exceeds the applicable resource limit as described under WAC 388-470-0005.

(4) For TANF/SFA, a caretaker relative must report the absence of a child within five days of the date that it becomes reasonably clear that the absence will exceed ninety days. If the relative fails to report timely, the relative:

(a) Is not eligible for one month; and

(b) The relative's countable income will be considered available to the remaining members of the assistance unit.

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NEW SECTION

WAC 388-418-0010  Requesting information or action needed. (1) A recipient must receive a written request for any information or action needed to maintain continuing eligibility.

(2) A recipient is allowed at least ten days from the date the request is mailed to provide the information or take the required action.

(3) The request must state:

(a) The information or action needed;

(b) The date the information must be provided or action taken; and

(c) That failure to provide the information or take the action requested may result in termination or reduction of benefits.

(4) The recipient's cash, medical and/or food assistance may be reduced, suspended, or terminated if the recipient:

(a) Does not take the action or provide the information within the ten day period; or

(b) Provides information or action which is inadequate or the information results in reduction or termination of benefits.

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NEW SECTION

WAC 388-418-0015  Recipient fails to provide requested information or take requested action. (1) When a recipient fails to provide information or take an action requested by the department, the recipient must receive adequate notice as defined under chapter 388-458 WAC for reduction, suspension or termination.

(2) When advance notice is required, assistance continues if the recipient does one of the following before the advance notice period ends:

(a) Takes the requested action; or

(b) Provides adequate information that does not result in reduction, suspension, or termination of assistance.

(3) A recipient will receive an additional adequate notice if the recipient provides the following before the advance notice period ends:

(a) Inadequate information; or

(b) Adequate information which results in reduction, suspension, or termination of assistance.

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NEW SECTION

WAC 388-418-0020  Effective dates for changes. The following rules apply to recipients of all programs unless otherwise specified.

(1) When a change causes a cash assistance recipient to become ineligible or results in a change in grant amount, the effective date of the change is the first day of the next month after the change occurred. However, for the following types of changes, the effective date is:

(a) The date a person who is added to the assistance unit enters the household or is determined eligible, whichever is later;

(b) The date of a change in shelter arrangement which makes the assistance unit eligible for a higher payment standard;

(c) The first regular monthly issuance when a person changes from one cash assistance program to another;

(d) The first regular monthly issuance after the advance notice period when a grant deduction is imposed to collect an overpayment;

(e) The date of termination when child support or spousal support is increased as specified in WAC 388-422-0030.

(f) In accordance with:

(i) Chapter 388-450 WAC when budgeting income;

(ii) Chapter 388-480 WAC when an assistance unit member is on strike;

(iii) WAC 388-462-0005(2) when pregnant woman receives GA-S and then relinquishes the child for adoption; and

(iv) As specified by the department for changes in law or regulation.

(g) For TANF/SFA, the date a sanctioned WorkFirst participant complies with the requirements of their individual responsibility plan as specified under chapter 388-310 WAC.

(2) Eligibility for medical care services ends at the same time a recipient's general assistance or ADATSA eligibility is terminated.

(3) When a change makes a recipient ineligible or reduces the benefit amount, assistance will continue without change through the advance notice period even when the advance notice is beyond the effective date.

(4) When cash and food assistance benefits are continued beyond the effective date of a reduction or termination of such benefits, an overpayment will be established for the amount the recipient was not eligible to receive.

(5) For prospectively budgeted food assistance households:

(a) The effective date of the change for an increase in benefits is the next allotment after the change is:

(i) Reported when the change is verified within the ten day period; or

(ii) Verified when the assistance unit does not send the requested verification within the ten day period.

(b) The effective date of the change for a decrease in benefits is the first of the next month after the advance notice period expires.

(6) For retrospectively budgeted food assistance households, the effective date of a change reported in the budget month is the first of the payment month.

(7) Eligibility for the newborn medical program ends on the last day of the month the child is no longer living with the mother. Eligibility is redetermined for other medical programs prior to the termination of newborn medical.

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NEW SECTION

WAC 388-418-0025  Effect of changes on medical. (1) Categorically needy (CN) medical and medically needy (MN) medical is continued until a redetermination of eligibility is made for other medical programs when changes cause a client to become ineligible for:

(a) TANF/SFA; or

(b) SSI; or

(c) GA-H; or

(d) GA-S; or

(e) CN medical.

(2) When changes cause a refugee cash assistance client to be ineligible, refugee medical assistance can only be continued through the eight-month residence limit, as described in WAC 388-400-0030(6).

(3) TANF/SFA cash recipients are eligible for a medical extension, as described under WAC 388-523-0100, when termination is a result of:

(a) Increased employment income; or

(b) Collection of, or increased collection of, child or spousal support.

(4) Clients who report changes in income or resources during a certification period will have their medical continued until eligibility is redetermined for:

(a) CN or medically needy (MN) for TANF/SFA-related, SSI-related, or refugee-related medical; or

(b) Medically indigent (MI) program.

(5) Changes in income reported by clients during a certification period will not have an affect on medical eligibility for:

(a) The pregnant women's program; or

(b) The children's CN program; or

(c) The children's health program; or

(d) The first six months of the TANF/SFA-related medical extension; or

(e) The newborn medical program.

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NEW SECTION

WAC 388-418-0030  Notifying a recipient of intent to reduce, suspend or terminate assistance. (1) For cash, medical and food assistance a recipient must be notified ten days in advance of an action to reduce, suspend or terminate assistance. Certain types of circumstances do not require advance notice.

(2) When a ten day advance notice is not required:

(a) For cash assistance and medical, the notice must be mailed or given to the recipient by the date of the action to reduce, suspend or terminate the benefits.

(b) For food assistance, the notice must be mailed or given to the recipient by the date the benefits are received or should have been received.

(3) The ten day advance notice period is not required:

(a) For recipients of cash and food assistance when:

(i) The recipient's whereabouts are unknown and mail was returned by the post office marked no forwarding address;

(ii) The recipient requests termination;

(iii) The department has factual information that the assistance unit has moved to another state or will move to another state before the next benefits are issued; or

(iv) The recipient states in writing that they understand the information they provided will reduce, suspend or terminate their benefits.

(b) For cash and food assistance when the action is based on information provided on a monthly report.

(c) For cash assistance when:

(i) The department has factual information that the recipient or nonrecipient caretaker has died when no other caretaker is available;

(ii) A recipient child is removed from the home under a court order or is voluntarily placed in foster care by the adult caring for the child; or

(iii) A recipient was admitted or committed to an institution which makes them ineligible for benefits.

(d) When a cash assistance recipient's benefits are reduced or terminated because of long-term hospital stay or the recipient is placed in a nursing home.

(e) For food assistance only, when:

(i) The department has factual information that all assistance unit members have died;

(ii) The federal or state government makes mass changes;

(iii) The benefits are reduced because cash assistance is approved;

(iv) An assistance unit member is disqualified for an intentional program violation and the benefits of the remaining members are reduced or terminated because of this disqualification; or

(v) The department reduces the allotment to collect for an overpayment and the assistance unit already received advance notice.

(4) A separate notice is not required:

(a) For cash and food assistance when:

(i) Benefits were approved the recipient was notified of the amount of benefits for each month because the amounts varied.

(ii) The recipient was already notified when a supplemental payment or increased allotment to restore lost benefits would end.

(b) For cash assistance, when the recipient was already notified that an emergent need payment was for one month only.

(5) A client continues to receive the same benefits received prior to a ten-day advance notice of reduction, suspension or termination of benefits (continued benefits) when:

(a) The client requests a fair hearing during this ten-day period; and

(b) For food assistance only, the client's certification period has not expired.

(6) A client receives continued benefits through the end of the month the fair hearing decision is mailed unless:

(a) The client:

(i) States in writing that the assistance unit does not want continued benefits;

(ii) Withdraws the fair hearing request in writing; or

(iii) Abandons the fair hearing request; or

(b) An administrative law judge issues a written order that ends continued benefits prior to the fair hearing.

(7) For food assistance clients, continued benefits end when the certification period expires.

(8) Any continued benefits a client receives pending a fair hearing decision are considered an overpayment when the fair hearing decision agrees with the department's action.

(9) When eligibility for medical care is terminated the client is provided with advance and adequate written notice.

[]

SHS-2444:2

Chapter 388-420 WAC

CHEMICAL DEPENDENCY FOOD ASSISTANCE

NEW SECTION

WAC 388-420-010  Alcohol and drug treatment centers. (1) Food assistance is only available to a resident of a drug or alcohol treatment center when the treatment center is:

(a) Administered by a public or private nonprofit agency; and

(b) Certified by the division of alcohol and substance abuse (DASA).

(2) A resident is considered a one person assistance unit. However if the resident's spouse or child is also living in the treatment center, the spouse or child is included in the resident's assistance unit.

(3) The resident must have a designated employee of the treatment center act as an authorized representative as specified in chapter 388-460 WAC.

(4) The authorized representative receives and uses the food assistance benefits for meals the resident is served in the treatment center.

(5) The authorized representative also has responsibilities as specified in chapter 388-460 WAC.

[]

SHS-2414:4

Chapter 388-422 WAC

CHILD SUPPORT

NEW SECTION

WAC 388-422-0005  Assignment of support rights. (1) To receive cash assistance under TANF, SFA, or GA-H, each client must assign to the state of Washington all rights to support for each person for whom the client is applying. This includes the rights to any support which has accrued before assignment is made. If a client fails to assign support rights for each person for whom assistance is requested, then cash assistance will be denied to the entire assistance unit.

(2) To receive medical assistance, each client must assign to the state of Washington all rights to medical support for each person for whom the client is applying. This includes the rights to any medical support which has accrued before assignment is made.

(3) Assignment is made when a client signs the application or accepts the cash or medical assistance.

(4) After assignment is made, a client must send any direct support they receive to the division of child support (DCS).

[]

NEW SECTION

WAC 388-422-0010  Cooperation with division of child support. (1) When applying for or receiving TANF, SFA, GA-H, or Medicaid, the following individuals must cooperate with the DCS in establishing paternity and collecting support as specified in WAC 388-14-201:

(a) All persons for whom benefits are applied for or received; and

(b) The caretaker relative or court-appointed guardian of a child for whom benefits are applied for or received.

(2) For TANF and SFA, if a caretaker relative fails to cooperate with DCS without good cause according to WAC 388-422-0020, the cash grant paid to the assistance unit will be reduced by twenty-five percent of what they would otherwise have received.

(3) For Medicaid, if a caretaker relative fails to cooperate with DCS without good cause according to WAC 388-422-0020, that individual will be denied medical assistance unless they are pregnant.

(4) Cooperation is determined by DCS.

[]

NEW SECTION

WAC 388-422-0020  Good cause for not cooperating with the division of child support. (1) An individual described under WAC 388-422-0010 is not required to cooperate with DCS if the department finds that cooperation is against the best interest of the child for whom child support is sought. A client has the right to claim good cause for refusing to cooperate and the department must determine if the claim is valid.

(2) Cooperation is against the best interest of the child and cash assistance can be continued when:

(a) The individual's cooperation can reasonably be anticipated to result in serious physical or emotional harm to:

(i) The child; or

(ii) The caretaker relative, if it reduces the caretaker relative's capacity to adequately care for the child; or

(b) Establishing paternity or securing support would be harmful to the child who:

(i) Was conceived as a result of incest or forcible rape; or

(ii) Is the subject of legal adoption proceedings pending before a superior court; or

(iii) Is the subject of ongoing discussions between the parent and a public or licensed child placement agency to decide whether the parent will keep the child or put the child up for adoption. The discussions cannot have gone on for more than three months.

(3) When cash assistance cannot be continued because a client's claim of good cause does not meet the standard in subsection (2) of this section, medical assistance may be able to be continued. The standard for good cause for medical assistance is broader in that good cause can be based solely on the best interests of the:

(a) Child as in subsection (2) of this section; or

(b) Person who is being asked to cooperate.

(4) A client has twenty days from the date good cause is claimed to provide information and evidence to support the claim, unless it cannot be obtained within such time.

(5) A client has the right to:

(a) Be informed of their right to claim good cause for refusing to cooperate;

(b) Receive a determination of their good cause claim within thirty days of the date the claim is made, as long as the necessary information and evidence was provided to the department within twenty days;

(c) Receive assistance without delay while their good cause claim is pending a determination, if they have provided supportive evidence and information;

(d) Receive information on their right to ask for a fair hearing if the department denies the claim of good cause; and

(6) Approved good cause claims will be reviewed at least every six months to determine if good cause continues to exist.

[]

NEW SECTION

WAC 388-422-0030  Child support in excess of the TANF grant payment. A TANF recipient is ineligible when current child support collected by the division of child support exceeds the TANF grant payment for two-consecutive months.

[]

SHS-2430:5

Chapter 388-424 WAC

CITIZENSHIP/ALIEN STATUS

NEW SECTION

WAC 388-424-0005  Citizenship and alien status--General eligibility conditions. (1) To receive benefits for temporary assistance for needy families (TANF), Medicaid, and federal food stamps, persons must be:

(a) U.S. citizens;

(b) U.S. nationals; or

(c) Qualified aliens who meet the additional conditions described in WAC 388-424-0010 relative to TANF and Medicaid and WAC 388-424-0020 relative to federal food stamps.

(2) Qualified aliens are aliens:

(a) Who are lawful permanent residents under the Immigration and Nationality Act (INA);

(b) Who are granted asylum under section 208 of the INA;

(c) Who are paroled into the U.S. under section 212 (d)(5) of the INA for at least one year;

(d) Who are admitted to the U.S. as refugees under section 207 of the INA;

(e) Who are aliens whose deportation is being withheld under section 243(h) of the INA;

(f) Who are granted conditional entry into the U.S. under section 203 (a)(7) of the INA as in effect prior to April 1, 1980;

(g) Who are Cuban and Haitian entrants as defined in section (501)(e) of the Refugee Education Assistance Act of 1980; or

(h) Who are victims of domestic violence, or whose children are victims of domestic violence, when:

(i) The domestic violence is committed in the U.S. by the alien's spouse, parent, or a member of the spouse or parent's family residing in the same household as the alien; and

(ii) In situations where the children are the victims of domestic violence, the alien did not actively participate in the violence against his or her own children; and

(iii) The alien no longer resides with the person who committed the domestic violence; and

(iv) There is a substantial connection between the domestic violence and the need for public assistance benefits; and

(v) The alien has an application with the Immigration and Naturalization Service (INS) either approved or pending for:

(A) Legal immigration status under sections 204 (a)(1)(A)(iii)(I) and 204 (a)(1)(A)(iv) of the INA; or

(B) Suspension of deportation or cancellation of removal under section 244 (a)(3) of the INA.

(3) To receive benefits under the general assistance and ADATSA programs, persons must be:

(a) U.S. citizens;

(b) U.S. nationals;

(c) Qualified aliens; or

(d) Aliens permanently residing in the U.S. under color of law (PRUCOL).

(4) Aliens are considered to be PRUCOL when they are permanently residing in the U.S., who do not meet the definition of a qualified alien as defined in subsection (2) of this section, and:

(a) The INS knows they are residing in the U.S., and

(b) The INS is not likely to enforce their departure.

(5) During the application process, one of the following persons must indicate on the application for benefits whether each household member is a U.S. citizen or qualified alien:

(a) An adult applicant in the household; or

(b) The person applying for benefits when there are no adults in the household.

[]

NEW SECTION

WAC 388-424-0010  Alien status--Eligibility requirements for the temporary assistance for needy families program and medical benefits. (1) Qualified aliens who were residing in the U.S. before August 22, 1996 can receive temporary assistance for needy families (TANF) and Medicaid benefits.

(2) Qualified aliens who first physically enter the U.S. on or after August 22, 1996 cannot receive TANF or Medicaid for five years after their date of entry, unless they are:

(a) Refugees admitted to the U.S. under section 207 of the Immigration and Nationality Act (INA);

(b) Aliens granted asylum under section 208 of the INA;

(c) Aliens whose deportation is being withheld under section 243(h) of the INA;

(d) Cuban and Haitian entrants as defined in section (501)(e) of the Refugee Education Assistance Act of 1980;

(e) Amerasians admitted to the U.S. under section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (as amended); or

(f) Lawful permanent residents who are:

(i) On active duty in the U.S. military, other than active duty for training;

(ii) Honorably discharged U.S. veterans;

(iii) Veterans of the military forces of the Philippines who served prior to July 1, 1946, as described in Title 38, section 107 of the U.S. code;

(iv) Hmong and Highland Lao veterans who served in the military on behalf of the U.S. Government during the Vietnam conflict; or

(v) The spouse or unmarried dependent children of a person described in subsections (i) through (iv).

(3) An alien who would qualify for Medicaid benefits, but is ineligible solely because of his or her alien status, can receive medical coverage as follows:

(a) State-funded categorically needy (CN) scope of care for

(i) Pregnant women, as specified in WAC 388-462-0015;

(ii) Children, through the children's health program, as specified in WAC 388-505-0210;

(iii) Persons eligible for or receiving cash assistance under the state family assistance program (SFA); and

(iv) Persons who were lawfully residing in the U.S. prior to August 22, 1996, including PRUCOL aliens as defined in WAC 388-424-0005(4).

(b) Alien emergency medical services as specified in WAC 388-438-0110.

(4) A person's alien status is not used to determine eligibility for the medically indigent program as described in WAC 388-438-0100.

[]

NEW SECTION

WAC 388-424-0015  Citizenship and alien status--Eligibility requirements for the state family assistance program. (1) Aliens who first physically enter the U.S. on or after August 22, 1996 can receive SFA only after an adult caretaker relative in the assistance unit has resided in Washington state for twelve consecutive months. This requirement:

(a) Applies to an alien only once during his or her lifetime; and

(b) Does not apply to North American Indians born in Canada who are allowed to cross the U.S./Canadian border freely under section 289 of the INA.

(2) To receive SFA benefits, persons must be:

(a) Qualified aliens who are not eligible for TANF benefits because of the five-year period of ineligibility described in WAC 388-424-0010(2); or

(b) Aliens who are permanently residing in the U.S. under color of law (PRUCOL) as defined in WAC 388-424-0005(4).

[]

NEW SECTION

WAC 388-424-0020  Citizenship and alien status--Eligibility requirements for the federal food stamp program. (1) Qualified aliens cannot receive federal food stamps unless they are:

(a) On active duty in the U.S. military, other than active duty for training;

(b) Honorably discharged U.S. veterans;

(c) Veterans of the military forces of the Philippines who served prior to July 1, 1946, as described in Title 38, section 107 of the U.S. code;

(d) The spouse or unmarried dependent children of a person described in sections (a) through (c) above.

(2) Lawful permanent residents who have earned enough money to qualify for forty quarters of coverage under Title II of the Social Security Act can receive federal food stamps.

(a) For purposes of this rule, an alien can receive credit for each qualifying quarter of coverage earned by a:

(i) Parent while the alien was under eighteen years of age; or

(ii) Step-parent while the alien was under eighteen years of age and residing in the same household as the step-parent; or

(iii) Spouse during their marriage if the alien remains married to the spouse or the spouse is deceased.

(b) Any quarter of coverage earned after January 1, 1997 in which an alien receives the following benefits does not count as a qualifying quarter:

(i) Food Stamps;

(ii) Temporary assistance for needy families (TANF); or

(iii) Medicaid, except for coverage provided under the alien emergency medical program.

(3) Aliens admitted to the U.S. as refugees under section 207 of the Immigration and Nationality Act (INA) can receive federal food stamps during the five-year period after their date of entry.

(4) The following aliens can receive federal food stamps during the five-year period after the date they are granted their immigration status:

(a) Aliens granted asylum under section 208 of the INA;

(b) Aliens whose deportation is withheld under section 243(h) or 241 (b)(3) of the INA;

(c) Cuban and Haitian entrants, as defined in section 501(e) of the Refugee Education Act of 1980; and

(d) Amerasians admitted to the U.S. under section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (as amended).

[]

NEW SECTION

WAC 388-424-0025  Citizenship and alien status--Eligibility requirements for the food assistance program for legal immigrants. To receive benefits under the food assistance program for legal immigrants (FAP), a person must be:

(1) A qualified alien who cannot receive federal food stamps because of the eligibility restrictions described in WAC 388-424-0020; or

(2) An alien who is:

(a) Allowed to enter the U.S. for permanent residence by permission of the U.S. Attorney General under section 249 of the Immigration and Nationality Act (INA);

(b) Admitted for temporary residence under section 245A of the INA and is aged, blind, or disabled as described in Title XVI of the Social Security Act;

(c) Granted temporary resident status by the Immigration and Naturalization Service (INS) as a special agricultural worker under section 210 of the INA;

(d) Granted family unity status by the INS and the alien's spouse or parent is eligible to participate in FAP or the federal food stamp program.

[]

SHS-2433:4

Chapter 388-426 WAC

CLIENT COMPLAINTS

NEW SECTION

WAC 388-426-0005  Client complaints. (1) Clients who believe they have been discriminated against by the department for reason of age, race, color, sex, disability, religious creed, political beliefs or national origin, have the right to file a written complaint.

(a) Clients wishing to file a complaint of discrimination regarding food stamp benefits must send complaints to food and nutrition services (FNS); and

(b) Clients of all other programs must send discrimination complaints to the state office of equal opportunity (OEO), Olympia WA.

(2) Clients with a complaint about a department decision or action have the right to present their complaint, in writing, to a supervisor. Within ten days of the receipt of the complaint:

(a) A decision will be made on the client's complaint; and

(b) The client will be sent written notice of the decision, including information about the right to further review by the local office administrator.

(3) Clients not satisfied with the decision of a supervisor have the right to present a written complaint to the local office administrator. Within ten days of the receipt of the complaint:

(a) A decision will be made on the complaint, and

(b) The client will be sent written notice of the decision.

(4) Written notice of the administrator's decision concludes the complaint procedure.

(5) The filing of a written complaint does not prevent a client from requesting a fair hearing under chapter 388-08 WAC.

(6) Clients have the right to speak to a worker's supervisor or have a decision or action reviewed by the supervisor, whether or not a formal complaint has been filed.

[]

SHS-2374:6

Chapter 388-428 WAC

CONFIDENTIALITY

NEW SECTION

WAC 388-428-0010  Request for address disclosure by a parent when a child is living with a nonparental caretaker. (1) When TANF or SFA has been approved for a child who is living with a nonparental caretaker, the address and location of the child may be released to the child's parent when:

(a) The parent has legal custody of the child or is allowed visitation rights or residential time with the child under a court order; and

(b) No court order restricts or limits the parent's right to contact or visit the child or the child's caretaker by imposing conditions to protect the child or the caretaker from harm;

(c) The department has not found that the caretaker has good cause for refusing to cooperate in child support enforcement activities related to the parent's support obligation; and

(d) There is no substantiated claim or pending investigation involving abuse or neglect of any child by the parent;

(e) There are no pending proceedings as listed in subsections (1)(b) through (d).

(2) A parent may request the child's address and location:

(a) In person, with satisfactory evidence of identity, at the community services office where the child's record is being maintained;

(b) Through an attorney; or

(c) If residing outside the state of Washington, by submitting a notarized request.

(3) If the request for the child's address and location is based on a court order granting the parent legal custody, visitation rights or residential time, the parent must also submit:

(a) A copy of the court order; and

(b) A sworn statement that the order has not been modified.

(4) Prior to release of the child's address and location, the child's caretaker will be notified that:

(a) The child's parent has requested the information; and

(b) The information will be released within thirty days from the date of the notice unless the caretaker:

(i) Provides proof of a current investigation or pending court case involving the abuse or neglect of any child by the parent;

(ii) Provides a copy of a court order which prevents disclosure of the address or restricts the parent's right to contact or visit the caretaker or the child by imposing conditions to protect the caretaker or child from harm;

(iii) Requests a fair hearing which results in a decision that disclosure must be denied because of the existence of one or more of the conditions in subsection (1) of this section.

(5) A parent's request for disclosure of a child's address and location will be responded to within thirty-five days. The response will notify the parent:

(a) Of the child's address and location if the information may be disclosed;

(b) The reasons for denying the request if the information may not be disclosed; or

(c) That a decision has not been made because the child's caretaker:

(i) Has requested a hearing and a final hearing decision has not been entered; or

(ii) Is claiming good cause for refusing to cooperate in child support enforcement activities related to the parent's support obligation and a final decision has not been made on the caretaker's claim.

(d) When the decision has not been made because of a pending fair hearing decision or good cause claim determination, the parent will be notified of the decision within ten days of the hearing decision or good cause determination.

[]

SHS-2375:7

Chapter 388-430 WAC

DEPRIVATION

NEW SECTION

WAC 388-430-0001  Establishing deprivation. (1) For TANF/SFA, a child must be deprived of the support and care of one or both parents due to one of the following reasons:

(a) Death;

(b) Absence;

(c) Incapacity; or

(d) Unemployment.

(2) Deprivation of a child due to death or absence ceases when the remaining parent marries.

(3) Deprivation of a child due to incapacity or unemployment does not apply when only one of the child's parents is living in the home.

(4) Deprivation for each child is established separately when children within a family have different parents.

[]

NEW SECTION

WAC 388-430-0005  Deprivation due to absence. (1) A child is deprived due to the absence of a parent when a parent resides outside the child's home and does not provide to the child one of the following elements of parental functions:

(a) Routine visits to the child;

(b) Maintaining support and in-kind contributions at least equal to the child's prorated share of the monthly need standard for the child's assistance unit as listed in WAC 388-478-0015;

(c) Performing or assisting with continuous day-to-day physical care of the child; or

(d) Participating in and being responsible for day-to-day guidance of the child's physical, emotional, and intellectual development.

(2) Deprivation due to absence includes a two parent family when a parent convicted of an offense is permitted to live in the family home but is required by the court to perform unpaid work or unpaid community service. The needs of the convicted parent are not considered in the determination of eligibility or benefit payment to the assistance unit.

(3) Deprivation due to absence does not exist if the reason for the parent's absence from the child's home is due solely to serving on active duty in the United States military services.

(4) For applicants, deprivation due to absence does not exist if the parent is expected to return to the home within the first benefit month. Payment may be made for the first benefit month, but not the second month, if the parent will return within the second month.

(5) For recipients after the first two months of benefits, deprivation due to absence ceases to exist at the end of the month in which the parent returns to the home.

[]

NEW SECTION

WAC 388-430-0010  Definition of maintenance, physical care and guidance. (1) Maintenance means the financial support and in-kind contributions paid directly to the child's household, including:

(a) Child support;

(b) Food;

(c) Clothing; and

(d) Other necessities.

(2) Physical care means continuous care of the child on a day-to-day basis by performing tasks, depending on the age of the child, required in the child's daily life including, but not limited to:

(a) Providing clean clothing and dressing the child;

(b) Preparing meals and feeding;

(c) Supervising bedtime; and

(d) Assisting with other personal care needs.

(3) Guidance means day-to-day parental participation in, and responsibility for, the child's physical, emotional, and intellectual development including, but not limited to:

(a) Accompanying the child to doctor visits;

(b) Attending school conferences;

(c) Disciplining; and

(d) Participating in decisions concerning the child's well-being and extracurricular activities.

[]

NEW SECTION

WAC 388-430-0015  Deprivation due to incapacity. A child is deprived due to the incapacity of a parent when the child's parent meets the conditions in WAC 388-448-0005.

[]

NEW SECTION

WAC 388-430-0020  Deprivation due to unemployment. (1) Deprivation due to the unemployment of a parent requires that a qualifying parent be established. The qualifying parent is the parent who has earned the most income within the twenty-four month period immediately preceding the month of the application for benefits.

(2) Once determined, the qualifying parent continues as the qualifying parent throughout the time the family remains on cash assistance as a result of that application. The qualifying parent can be changed when an error was made in the initial designation.

(3) For applicants, a child is deprived due to the unemployment of a parent when the qualifying parent meets all of the following conditions:

(a) Is not employed, or is employed less than one hundred hours per month;

(b) Has been in the above status for at least thirty days, and during this time has not refused a bona fide offer of employment or training for employment, nor voluntarily left a job without good cause; and

(c) Has not refused to apply for or accept unemployment compensation benefits; and

(d) Meets one of the following requirements:

(i) At least six calendar quarters of work within thirteen consecutive quarters. The thirteen consecutive calendar quarters must be within a maximum period of seventeen quarters with quarter number one containing the month of application; or

(ii) Received or was eligible for unemployment compensation benefits within one year of the date of application for assistance.

(4) For recipients, the child remains deprived due to the unemployment of a parent even when the qualifying parent is working over one hundred hours within any month, or with continuous employment.

(5) For recipients, cash assistance may be terminated due to earnings by the qualifying parent in excess of the payment standard. If that employment ends within thirty days of the termination and the household reapplies, the qualifying parent does not need to meet the thirty-day unemployed applicant rule.

[]

NEW SECTION

WAC 388-430-0025  Work quarters. The qualifying parent meets a quarter of work when the parent has:

(1) Earned or received earned income of fifty dollars or more in a calendar quarter;

(2) Participated in a department sponsored program of education, training or employment services during a calendar quarter; or

(3) Earned a quarter of coverage under Social Security Administration criteria.

[]

SHS-2436:4

Chapter 388-434 WAC

ELIGIBILITY REVIEWS AND RECERTIFICATIONS

NEW SECTION

WAC 388-434-0005  Eligibility reviews for cash and medical assistance. (1) Clients receiving cash assistance are required to have eligibility redetermined at least once every twelve months. The redetermination will be based on information provided on a form designated by the department. A family needs to complete only one form.

(2) A client's redetermination may be the scheduled review or initiated before the scheduled review when there are a number of eligibility changes to be reviewed. The redetermination includes:

(a) A review of each eligibility factor; and

(b) An evaluation of any change occurring since eligibility was established or last reviewed.

(3) For clients not receiving cash assistance, an eligibility redetermination date will be established in advance. For programs which require a fixed beginning and ending date, eligibility redetermination will be initiated prior to the end of coverage.

(4) Clients receiving assistance will be responsible for completing and responding to the eligibility redetermination request and attending an interview if required under WAC 388-452-0005.

(5) Clients who do not respond to a notice of redetermination will be considered to be withdrawing their request for continuing assistance. Termination of medical assistance will occur if there is insufficient information to redetermine medical program eligibility.

(6) Clients will receive a notice when the cash and food assistance is suspended, terminated, or a benefit error is discovered during the review as specified under chapter 388-458 WAC.

(7) Clients who become ineligible for cash assistance continue to receive the same medical coverage until a redetermination for other medical programs is completed.

(8) Clients not requesting a continuation of cash assistance have a right to be considered for other medical program eligibility.

(9) Clients receiving CN medical only remain eligible until a redetermination of eligibility for other medical programs is completed.

(10) Recipients who are assessed as needing necessary supplemental accommodation (NSA) services will be assisted in complying with the requirements of this section as specified under WAC 388-200-1300.

[]

NEW SECTION

WAC 388-434-0010  Recertification for food assistance. (1) A household reapplies timely when the department receives the application by:

(a) The fifteenth day of the last month of certification; or

(b) The fifteenth day after the household receives a notice of certification when the household's certification period is two months or less.

(2) A household completes the reapplication process when it:

(a) Submits a timely reapplication;

(b) Completes an interview; and

(c) Submits requested verification.

(3) A household receives uninterrupted benefits when the household completes the reapplication process timely. Uninterrupted benefits mean the household's benefits will continue to be mailed on the same mailing day of the month.

(4) A household that reapplies timely and completes the application process will receive a notice of approval or denial:

(a) By the end of the current certification period; or

(b) By the thirtieth day after the last allotment when the household was certified for one month.

(5) When a household that reapplies late, the reapplication is treated like an initial application and will be approved or denied under WAC 388-406-0035.

(6) See chapter 388-458 WAC for adequate notice and translation requirements.

[]

Chapter 388-436 WAC

EMERGENCY CASH ASSISTANCE

NEW SECTION

WAC 388-436-0001  Additional requirement for emergent needs (AREN). (1) Clients eligible for temporary assistance for needy families (TANF), state family assistance (SFA) and refugee cash assistance (RCA) may request additional cash assistance when they do not have funds available to meet the following emergency situations:

(a) To prevent eviction or foreclosure when the household has received a formal written notice of the eviction, notice to pay or vacate, or foreclosure;

(b) To secure new housing when:

(i) An eviction or foreclosure is not preventable;

(ii) It would cost less to obtain new housing than to prevent the eviction;

(iii) The dwelling puts the household's health or safety in danger and the landlord fails or refuses to correct the condition within the time allowed by law; or

(iv) Moving is necessary to escape an abusive spouse.

(c) To prevent a utility shutoff when the household has received a disconnect notice;

(d) To obtain necessary fuel for heating or cooking when the household has no fuel;

(e) To correct a sudden malfunction resulting in the loss of heat, water, electricity or cooking facilities. The household must be legally responsible for the repairs or replacement with no other alternative;

(f) To purchase food when no other resource is available; or

(g) To help the household obtain housing and necessary clothing in the event of a declared natural disaster when funds are not available through a disaster relief program.

(2) The additional cash payment is issued for the lower of:

(a) The amount necessary to prevent or relieve the emergency; or

(b) The TANF payment standard for an assistance unit of that family's size with an obligation to pay a shelter cost.

[]

NEW SECTION

WAC 388-436-0005  AREN good cause. (1) Clients requesting an additional cash benefit must show good reason why funds received or expected to be received during the month of request are not available to meet the emergency.

(2) Clients in the following situations have good reason for the funds not being available and resulting in an emergency:

(a) Cash from the grant has been stolen;

(b) The funds were used for necessities such as:

(i) Medical bills;

(ii) Dental care needed to obtain employment or because of pain;

(iii) Escape from abuse;

(iv) Paying for child care in an emergency;

(v) Temporary extra costs were needed for housing, food or clothing provided the action was reasonable. An expenditure is considered reasonable when:

(A) The expenditure is less than the amount specified in WAC 388-436-0050; or

(B) The specific circumstances and need for the expenditure is judged reasonable by the department.

[]

NEW SECTION

WAC 388-436-0010  Winterization. (1) Clients eligible for cash assistance under TANF/SFA may be eligible for additional cash benefits for the purpose of winterizing their home.

(2) Clients must meet all of the following conditions:

(a) The clients must own or be purchasing their home;

(b) The primary reason for the repairs is to minimize heat loss or to increase the efficiency of the home heating system;

(c) The repairs are necessary in order to make the home livable in the winter;

(d) Without the repairs, the clients would have to move to rental housing; and

(e) The cost of rental housing for two years would be more than the costs of remaining in their home, including the costs of the repairs.

(3) Clients can receive funds from this program only once.

(4) Payments under this program are made by vendor payment after the repairs have been completed.

(5) The maximum payment for winterizing a home is five hundred dollars.

[]

NEW SECTION

WAC 388-436-0015  Consolidated emergency assistance program (CEAP). (1) CEAP is available to the following persons:

(a) A pregnant woman in any stage of pregnancy; or

(b) Families with dependent children.

(2) Applicants must be residents of Washington state as defined in WAC 388-468-0010.

(3) Applicants must demonstrate a financial need for emergency funds for one or more of the following basic requirements:

(a) Food;

(b) Shelter;

(c) Clothing;

(d) Minor medical care;

(e) Utilities;

(f) Household maintenance supplies;

(g) Necessary clothing or transportation costs to accept or retain a job; or

(h) Transportation for a minor, not in foster care, to a home where care will be provided by family members or approved caretakers.

(4) Payment under this program is limited to not more than thirty consecutive days within a period of twelve consecutive months.

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NEW SECTION

WAC 388-436-0020  CEAP assistance unit composition. (1) To be eligible for CEAP, a child must be living with:

(a) A parent or a relative of specified degree as defined under WAC 388-454-0010; or

(b) Has lived with such a relative within six months of the request for assistance.

(2) The following persons living in the household must be included as members of the CEAP assistance unit:

(a) All full, half, or adopted siblings under eighteen years of age, including a minor parent; and

(b) The parent, adoptive parent, or stepparent living with the child or children.

(3) The following persons living in the household do not have to be included but may be included as members at the option of the applicant:

(a) One caretaker relative of specified degree when the child's parent does not live in the home;

(b) Stepbrothers or stepsisters to all children in the assistance unit.

(4) The following persons may make up a CEAP assistance unit without including others living in the home:

(a) The child of a parent who is a minor when the minor parent is not eligible due to the income and resources of his/her parents; or

(b) A pregnant woman when no other child is in the home.

(5) The following persons living in the household are not included as members of the CEAP assistance unit:

(a) A household member receiving Supplemental Security Income (SSI);

(b) A household member ineligible due to reasons stated in WAC 388-436-0025 and 388-436-0030.

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NEW SECTION

WAC 388-436-0025  Eligibility conditions for CEAP--Job refusal. (1) Within thirty days of the date of application, applicants for CEAP cannot have refused without good cause:

(a) A bona fide job offer; or

(b) Training for employment.

(2) Applicants have good cause for refusal when the applicant:

(a) Can not perform the work satisfactorily because of a physical, mental, or emotional inability;

(b) Is not able to get to and from the job without undue cost or hardship;

(c) Would be forced to perform hazardous work;

(d) Would be working for less than minimum wage or the wages are not customary for that type of work;

(e) Is offered the job only because of a labor dispute; or

(f) Is not able to obtain necessary child care.

(3) An applicant who cannot demonstrate good cause for refusing a job offer makes the entire assistance unit ineligible for CEAP:

(a) For thirty days from the date of refusal; or

(b) Until the applicant accepts employment, whichever comes first.

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NEW SECTION

WAC 388-436-0030  Eligibility conditions for CEAP--Other possible resources. (1) As a condition of eligibility for CEAP, applicants must take all necessary steps to establish eligibility for the following programs:

(a) Temporary assistance for needy families (TANF);

(b) State family assistance (SFA);

(c) Refugee cash assistance (RCA);

(d) Supplemental security income (SSI);

(e) Medical assistance for those applicants requesting emergency medical care;

(f) Food assistance for those applicants declaring an emergency food need; and

(g) Unemployment compensation, if the applicant is potentially eligible.

(2) CEAP applicants under a grant penalty for failure to comply with program requirements of TANF/SFA, WorkFirst under chapter 388-310 WAC, refugee cash assistance, general assistance or SSI are treated as follows:

(a) All members are ineligible and the CEAP application is denied if compliance could have prevented the need for emergency assistance.

(b) Only the member responsible for the grant penalty is ineligible for CEAP if the compliance could not have prevented the need for emergency assistance.

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NEW SECTION

WAC 388-436-0035  Income and resources for CEAP. (1) Estimated income, resources and circumstances of the following persons are used in determining need and payment for CEAP:

(a) All persons included as members of the CEAP assistance unit;

(b) If living in the home, the spouses and minor brothers and sisters of persons included as members of the CEAP assistance unit.

(2) Public assistance payments plus authorized additional requirements received in the calendar month of CEAP application are considered as income.

(3) The value of resources not listed as excluded in WAC 388-436-0040 is considered available to meet the emergent needs of the CEAP assistance unit.

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NEW SECTION

WAC 388-436-0040  Excluded income and resources for CEAP. Resources and income listed below will not be considered in determining need or payment for CEAP:

(1) A home as defined under WAC 388-470-0030;

(2) One vehicle, running and used regularly by the assistance unit, with an equity value not to exceed one thousand five hundred dollars);

(3) Household furnishings being used by the assistance unit;

(4) Personal items being used by members of the assistance unit;

(5) Tools and equipment being used in the applicant's occupation;

(6) The value of the coupon allotment under the Food Stamp Act of 1977, as amended;

(7) Benefits received under the women, infants and children program (WIC) of the child nutrition Act of 1966, as amended, and the special food service program for children under the National School Lunch Act, as amended;

(8) Energy assistance payments;

(9) Grants, loans, or work study to a student under Title IV of the Higher Education Amendments or Bureau of Indian Affairs for attendance costs as identified by the institution;

(10) Income and resources of an SSI recipient;

(11) Livestock when the products are consumed by members of the assistance unit;

(12) All resources and income excluded for the TANF program under WAC 388-450-0015, 388-470-0020, and 388-470-0025 and by federal law.

[]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

NEW SECTION

WAC 388-436-0045  Income deductions for CEAP. The following deductions are allowed when determining the CEAP assistance unit's net income:

(1) A ninety dollar work expense from each member's earned income;

(2) Actual payments made by a member with earned income for care of a member child up to the following maximums:

(3) Verified expenses for members of the assistance unit during the current month as follows:

(a) Medical bills;

(b) Child care paid in an emergency in order to avoid abuse;

(c) Dental care to relieve pain; or

(d) Costs incurred in obtaining employment.

[]

SHS-2451.1

NEW SECTION

WAC 388-436-0050  Determining financial need and benefit amount for CEAP. (1) To be eligible for CEAP assistance, the assistance unit's nonexcluded income, minus allowable deductions, must be less than ninety percent of the TANF payment standard for households with shelter costs. The net income limit for CEAP assistance units is:

(2) The assistance unit's allowable amount of need is the lesser of:

(a) The TANF payment standard, based on assistance unit size, for households with shelter costs as specified under WAC 388-478-0020; or

(b) The assistance unit's actual emergent need, not to exceed maximum allowable amounts, for the following items:

Need Item: Maximum allowable amount by assistance unit size:

(3) The assistance unit's CEAP payment is determined by computing the difference between the allowable amount of need, as determined under subsection (2) of this section, and the total of:

(a) The assistance unit's net income, as determined under subsection (1) of this section;

(b) Cash on hand, if not already counted as income; and

(c) The value of other nonexcluded resources available to the assistance unit.

(4) The assistance unit is not eligible for CEAP if the amount of income and resources, as determined in subsection (3) of this section, is equal to or exceeds its allowable amount of need.

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SHS-2425:2

Chapter 388-437 WAC

EMERGENCY ASSISTANCE FOR FOOD STAMPS

NEW SECTION

WAC 388-437-0001  Disaster food stamp program. (1) Assistance units that suffer a loss as a result of a federally declared disaster may receive disaster food stamp benefits.

(2) Food and nutrition services (FNS) must approve use of this program when a disaster is declared.

[]

SHS-2394:4

Chapter 388-438 WAC

EMERGENCY ASSISTANCE FOR MEDICAL NEEDS

NEW SECTION

WAC 388-438-0100  Medically indigent (MI) program. (1) The medically indigent (MI) program is a state funded medical program limited to coverage for emergency medical services.

(a) An emergency medical condition is described in WAC 388-500-0005;

(b) The client must have had a qualifying emergency medical condition in the month of application or within the three months immediately preceding the month of application;

(c) A client must have incurred an emergency medical expense requirement (EMER) of two thousand dollars per family over a twelve-month period. Qualifying EMER expenses are:

(i) Emergency hospital services and related physician services in a hospital; and

(ii) Emergency ground or air ambulance transportation to a hospital.

(2) The EMER period:

(a) Begins on the first day of the month of certification for MI; and

(b) Continues through the last day of the following twelve-calendar months.

(3) If a client does not meet the EMER amount within the three month base period, as described in WAC 388-519-0100, the amount incurred can be applied to any other application for MI within twelve-month period described in subsection (2).

(4) A client is limited a singly three-month period of MI eligibility per twelve-month EMER period.

(5) A client in a nursing facility can exceed the three-month MI eligibility limit.

(6) Conditions which require the following services meet the definition of emergency for MI, but the client is exempt from the EMER requirement:

(a) Treatment under the involuntary treatment act (ITA); and

(b) DETOX services; and

(c) Institutional and/or waivered services.

(7) Pregnancy meets the definition of emergency for MI. A pregnant client must meet the EMER requirements.

(8) Resource rules for the MI program follow the TANF and TANF-related resource rules in chapter 388-470 WAC.

(9) If a client's income and/or resources exceed the standards for this program, as described in WAC 388-478-0070, the excess must be spent down as described in WAC 388-519-0100, for the client to be eligible for MI.

(10) A client is not eligible for MI if they:

(a) Are eligible for, or receiving, any other cash or medical program; or

(b) Entered the state specifically to obtain medical care; or

(c) Are an inmate of a federal or state prison.

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NEW SECTION

WAC 388-438-0110  Alien emergency medical. An alien who is not eligible for other medical programs, is eligible for emergency medical care and services:

(1) Regardless of their date of arrival in the United States;

(2) Except for citizenship, meets Medicaid eligibility requirements as described in WAC 388-505-0210, 388-505-0220 or WAC 388-505-0110; and

(3) Limited to the necessary treatment of an alien's emergency medical condition as defined in WAC 388-500-0005, except that organ transplants and related medical care services are not covered.

[]

SHS-2423:4

Chapter 388-440 WAC

EXCEPTION TO RULE

NEW SECTION

WAC 388-440-0001  Exception to rule. (1) The secretary of the department, or designee, authorizes department staff to request an exception to a rule in the Washington Administrative Code (WAC) for individual cases when:

(a) The exception would not contradict a specific provision of federal law or state statute; and

(b) The client's situation differs from the majority; and

(c) It is in the interest of overall economy and the client's welfare; and

(d) It increases opportunities for the client to function effectively; or

(e) A client has an impairment or limitation that significantly interferes with the usual procedures required to determine eligibility and payment.

(2) The secretary or the secretary's designee makes the final decision on all requests for exception to a rule.

(3) Clients have no fair hearing rights as defined under chapter 388-08 WAC regarding exception to rule decisions by department staff.

(4) Clients who do not agree with a decision on an exception to rule may file a complaint according to chapter 388-426 WAC.

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NEW SECTION

WAC 388-440-0005  Exception to rule--Notification requirement. (1) Clients are notified in writing within ten days of:

(a) The department staff's decision to file an exception to rule request; and

(b) The department's decision to approve or deny an exception to rule request.

(2) The notice will include the complaint procedures as specified in chapter 388-426 WAC.

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Chapter 388-442 WAC

FELONS

NEW SECTION

WAC 388-442-0010  Felons. (1) A person is not eligible for TANF/SFA, GA and/or food assistance if the person is:

(a) Fleeing to avoid prosecution, custody, or confinement after conviction of a crime, or an attempt to commit a crime which is considered a felony in the place from which they were fleeing; or

(b) Violating a condition of probation or parole as determined by an administrative body or court that has the authority to make this decision.

(2) A person is not eligible for TANF/SFA and/or food assistance if convicted of a felony committed after August 21, 1996 involving possession, use, or distribution of an illegal drug, unless the person:

(a) Was convicted only of possession or use of an illegal drug; and

(b) Was not convicted of a felony for illegal drugs within three years of the latest conviction; and

(c) Was assessed as chemically dependent by a program certified by the division of alcohol and substance abuse (DASA); and

(d) Is taking part in or has completed a rehabilitation plan consisting of chemical dependency treatment and job services.

[]

Chapter 388-444 WAC

FOOD STAMP EMPLOYMENT AND TRAINING

NEW SECTION

WAC 388-444-0005  The food stamp employment and training (FS E&T) program--General requirements. (1) To receive food assistance some clients must register for work and if required by the department, must participate in the food stamp employment and training (FS E&T) program.

(2) Clients who must register for work and may be required to participate in FS E&T are called nonexempt clients. All other members of the food assistance unit are called exempt clients.

(3) All nonexempt members of the food assistance unit are registered for work by the department, at the first food assistance application and once every twelve months thereafter. A person who enters an existing assistance unit will be registered for work and FS E&T, if not exempt.

(4) Clients must comply with all FS E&T program requirements as provided in subsection (5) of this section. Failure to comply without good cause will disqualify the client from receiving food assistance:

(a) Good cause rules are provided in WAC 388-444-0050; and

(b) Disqualification rules are provided in WAC 388-444-0055.

(5) Nonexempt clients are required to:

(a) Report to DSHS or the service provider and participate as required;

(b) Provide information regarding employment status and availability for work as requested;

(c) Report to an employer when referred by DSHS; and

(d) Accept a bona fide offer of suitable employment. Unsuitable employment is defined in WAC 388-444-0060.

(6) A nonexempt client will participate in one or more of the following activities:

(a) Job search;

(b) General education development (GED) classes; or

(c) English as a second language (ESL) classes.

(7) A client is not required to participate in FS E&T activities more than one hundred twenty hours in a month. Hours of participation may include a combination of FS E&T activities as described in subsection (6) of this section and hours worked for pay, either cash or in-kind.

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NEW SECTION

WAC 388-444-0010  Clients who are required to register for work and must participate in FS E&T. The following clients are nonexempt, must register for work and are required to participate in FS E&T:

(1) Age sixteen through fifty-nine with dependents;

(2) Age sixteen or seventeen, not attending secondary school and not the head-of-household;

(3) Age fifty through fifty-nine with no dependents.

(4) Age eighteen to fifty, able-bodied and with no dependents as provided in WAC 388-444-0030.

[]

NEW SECTION

WAC 388-444-0015  Clients who are not required to register for work or participate in FS E&T (exempt clients). Clients not required to register for work or to participate in FS E&T are those who are:

(1) Age sixteen or seventeen and not the head-of-household and:

(a) Attending school; or

(b) Enrolled in a program under temporary assistance for needy families (TANF), a program under Job Training Partnership Act (JTPA), a program under section 236 of the Trade Act of 1974, or other state or local employment and training programs at least half time.

(2) Physically or mentally unable to work;

(3) Responsible for the care of a dependent child under six years of age or of an incapacitated person;

(4) Applying for or receiving unemployment compensation (UC);

(5) Participating in an employment and training program under TANF;

(6) Employed or self-employed thirty hours or more per week, or receiving weekly earnings equal to the federal minimum wage multiplied by thirty. This includes migrant and seasonal farm workers under contract or agreement with an employer;

(7) Enrolled as a student as defined in chapter 388-482 WAC, Student status; or

(8) Regularly participating in a drug addiction or alcoholic treatment and rehabilitation program.

[]

NEW SECTION

WAC 388-444-0020  Clients who must register for work but are not required to participate in FS E&T. The following clients must register for work but are exempt from participation in the FS E&T program:

(1) Participants in a refugee assistance program;

(2) Clients living in an area where the FS E&T program is not provided (exempt area);

(3) Clients who live one hour or more travel distance from available FS E&T services;

(4) Clients who do not have a mailing address or message telephone;

(5) Clients who have a temporary incapacity expected to last sixty days or more; or

(6) Clients who have dependent care needs that exceed the maximum amount payable by the department. The exemption continues until:

(a) A different work activity is available; or

(b) Circumstances change and monthly dependent care costs no longer exceed the reimbursement limit set by the department.

[]

NEW SECTION

WAC 388-444-0025  Payments for FS E&T related expenses. (1) Some of a client's actual expenses needed to participate in the FS E&T program may be paid by the department. Allowable expenses are:

(a) Transportation related costs; and

(b) Dependent care costs for each dependent six through twelve years of age.

(2) Dependent care payments are not paid if:

(a) The child is thirteen years of age or older unless the child is:

(i) Physically and/or mentally incapable of self-care; or

(ii) Under court order requiring adult supervision; or

(b) Any member in the food assistance unit provides the dependent care.

(3) Dependent care payments paid by the department cannot be claimed as an expense and used in calculating the dependent care deduction as provided in WAC 388-450-0185.

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NEW SECTION

WAC 388-444-0030  Work requirements for persons who are able-bodied adults without dependents (ABAWDS). (1) Clients who are age eighteen to fifty and have no dependents must, unless exempt, participate in specific employment and training activities to receive food assistance.

(2) Nonexempt clients who fail to participate are eligible for no more than three months of food assistance in a thirty-six month period.

(3) Except as provided in WAC 388-444-0035, a person is not eligible to receive food assistance for more than three full months in the thirty-six month period beginning January 1, 1997 unless that person:

(a) Works at least twenty hours a week averaged monthly; or

(b) Participates in and complies with the requirements of a work program for twenty hours or more per week; or

(c) Participates in a workfare program as provided in WAC 388-444-0040.

(4) A work program is defined as a program under:

(a) The Job Training Partnership Act (JTPA);

(b) Section 236 of the Trade Act of 1974; or

(c) A state-approved employment and training program.

[]

NEW SECTION

WAC 388-444-0035  Clients who are exempt from ABAWD provisions. A client is exempt from the ABAWD rules provided in WAC 388-444-0030 when:

(1) Under eighteen or over forty-nine years of age;

(2) Physically or mentally unable to work;

(3) A parent or other member of a household with responsibility for a dependent child under eighteen years of age or an incapacitated person;

(4) A pregnant woman;

(5) Living in an exempt area approved by U.S. Department of Agriculture; or

(6) Otherwise exempt under food stamp employment and training as follows:

(a) Complying with the work requirements of the WorkFirst program;

(b) Receiving unemployment compensation;

(c) A student enrolled at least half time in any recognized school;

(d) A regular participant in a chemical dependency treatment program; or

(e) Employed a minimum of thirty hours per week or receiving weekly earnings which equal the minimum hourly rate multiplied by thirty hours.

[]

NEW SECTION

WAC 388-444-0040  Workfare. (1) Workfare is a work program available to clients eighteen to fifty years of age who are able to work and have no dependents.

(2) Workfare consists of:

(a) Thirty days of job search activities in the first month beginning with the first day of application or sixteen hours of volunteer work with a public or private nonprofit agency; and

(b) In subsequent months, sixteen hours per month of volunteer work with a public or private nonprofit agency.

(3) A client is not required to perform Workfare and paid work for more than a total of thirty hours a week.

(4) The department pays for a client's actual expenses needed for the client to participate in Workfare. Standards for paying expenses are set by the department.

[]

NEW SECTION

WAC 388-444-0045  Regaining eligibility for food assistance. (1) A client who is ineligible for food assistance because that client has exhausted the three-month limit in WAC 388-444-0030, can regain eligibility by:

(a) Working eighty hours or more during a thirty-day period;

(b) Participating in and complying with a work program for eighty hours or more during a thirty-day period; or

(c) Participating in and complying with a workfare program.

(2) A client who regains eligibility for food assistance under subsection (1) of this section is eligible as long as the requirements of subsection (1) of this section are met.

(3) If otherwise eligible, clients who regain eligibility in subsection (1) of this section and then loses employment or stops participating in a work program or in Workfare will receive an additional three-consecutive months of food assistance. The three-month certification is allowed only once in the thirty-six month period.

[]

NEW SECTION

WAC 388-444-0050  Good cause for failure to register for work or for not participating in the FS E&T program. (1) A nonexempt client may have good cause for refusing or failing to register for work or to participate in the FS E&T program.

(2) Good cause reasons include, but are not limited to:

(a) Illness of the client;

(b) Illness of another household member requiring the help of the client;

(c) A household emergency;

(d) The unavailability of transportation; or

(e) Lack of adequate dependent care for children six through twelve years of age.

(3) A client who is determined by the department to lack good cause for failing or refusing to participate in FS E&T is disqualified and is not eligible to receive food assistance.

[]

NEW SECTION

WAC 388-444-0055  FS E&T disqualifications. (1) A nonexempt client who refuses or fails to comply with the requirements of the FS E&T program without good cause as provided in WAC 388-444-0050, is disqualified and cannot receive food assistance. The disqualified client is an ineligible assistance unit member as provided in WAC 388-450-0140. The remaining members of the assistance unit continue to be eligible for food assistance.

(2) The client is disqualified for the following minimum periods of time and until the client complies with program requirements:

(a) For the first failure to comply, one month;

(b) For the second failure to comply, three months; and

(c) For the third or subsequent failure to comply, six months.

(3) If a client becomes exempt under WAC 388-444-0015, a disqualification ends when the client has served the one, three, or six month disqualification penalty period and if required, is registered for work.

(4) A nonexempt client disqualified under any of the following conditions is also disqualified under FS E&T and cannot receive food assistance:

(a) Under WorkFirst sanction as provided in chapter 388-310 WAC;

(b) Disqualified from receiving unemployment compensation for failure to comply with requirements comparable to FS E&T requirements; or

(c) Sanctioned for failing to comply with work requirements under the refugee cash assistance program as provided in chapter 388-466 WAC.

(5) At the end of a disqualification period, a client may apply to reestablish eligibility.

(6) Each client has a right to a fair hearing as provided in WAC 388-08-413.

[]

NEW SECTION

WAC 388-444-0060  FS E&T--Unsuitable employment. Nonexempt clients participating in FS E&T must accept a bona fide offer of suitable employment. Employment is considered unsuitable when:

(1) The wage offered is less than the federal or state minimum wage, whichever is highest;

(2) The job offered is on a piece-rate basis and the average hourly yield expected is less than the federal or state minimum wage, whichever is highest;

(3) The employee, as a condition of employment, is required to join, resign from or is barred from joining any legitimate labor union;

(4) The work offered is at a site subject to strike or lockout at the time of offer unless:

(a) The strike is enjoined under the Taft-Hartley Act; or

(b) An injunction is issued under section 10 of the Railway Labor Act.

(5) The degree of risk to health and safety is unreasonable;

(6) The client is physically or mentally unable to perform the job as documented by medical evidence or reliable information from other sources;

(7) The employment offered within the first thirty days of registration for FS E&T is not in the client's major field of experience;

(8) The distance from the client's home to the job is unreasonable considering the wage, time and cost of commute:

(a) The job is not suitable when daily commuting time exceeds two hours per day, not including transporting a child to and from child care; and

(b) The job is not suitable when the distance to the job prohibits walking and public or private transportation is not available.

(9) The working hours or nature of the job interferes with the client's religious observances, convictions, or beliefs.

[]

NEW SECTION

WAC 388-444-0065  Quitting a job. (1) A client who quits their most recent job without good cause is not eligible for food assistance if:

(a) The client was working twenty hours or more per week or the job provided weekly earnings equal to the federal minimum wage multiplied by twenty hours; and

(b) The quit occurred within sixty days prior to application for food assistance or any time thereafter;

(c) At the time of quit, the person would have been required to register for work.

(2) A client is not eligible to receive food assistance if the client has participated in a strike against a federal, state or local government and has lost their employment because of such participation.

[]

NEW SECTION

WAC 388-444-0070  Good cause for quitting a job. Unless otherwise specified the following rules apply to all food assistance clients. (1) Good cause for quitting a job includes the following:

(a) For all food assistance clients, the employment is unsuitable as defined under WAC 388-444-0060;

(b) The client is discriminated against by an employer based on age, race, sex, color, religious belief, national origin, political belief, marital status, or the presence of any sensory, mental, or physical disability or other reasons in RCW 49.60.180;

(c) Work demands or conditions make continued employment unreasonable, such as working without being paid on schedule;

(d) The client accepts other employment or is enrolled at least half time in any recognized school, training program, or institution of higher education;

(e) The client must leave a job because another assistance unit member accepts a job or is enrolled at least half time in any recognized school, training program, or institution of higher education in another county or similar political subdivision and the assistance unit must move;

(f) The client who is under age sixty and retires as recognized by the employer;

(g) The client accepts a bona fide offer of employment of twenty or more a week or where the weekly earnings are equivalent to the federal minimum wage multiplied by twenty hours. However, because of circumstances beyond the control of the client, the job either does not materialize or results in employment of twenty hours or less a week or weekly earnings of less than the federal minimum wage multiplied by twenty hours;

(h) The client leaves a job in connection with patterns of employment where workers frequently move from one employer to another, such as migrant farm labor or construction work; and.

(i) For FS E&T participants, circumstances included under WAC 388-444-0050;

(2) A client who quits the most recent job is eligible for food assistance if the circumstances of the job involve:

(a) Changes in job status resulting from reduced hours of employment while working for the same employer;

(b) Termination of a self-employment enterprise; or

(c) Resignation from a job at the demand of an employer.

(3) The client must verify good cause for quitting. Food assistance is not denied if the client and the department are unable to obtain verification.

[]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

NEW SECTION

WAC 388-444-0075  Disqualifications for quitting a job without good cause. (1) If the client quits a job without good cause, the client is disqualified. The client is disqualified for the following minimum periods of time and until the conditions in subsection (2) of this section are met:

(a) For the first quit, one month;

(b) For the second quit, three months; and

(c) For the third or subsequent quit, six months.

(2) The client may re-establish eligibility after the disqualification, if otherwise eligible by:

(a) Getting a new job;

(b) In nonexempt areas, participating in the FS E&T program;

(c) Participating in Workfare as provided in WAC 388-444-0040;

(d) Becoming exempt as provided in WAC-388-444-0015 or WAC 388-444-0020;

(e) Applying for or receiving unemployment compensation; or

(f) Participating in WorkFirst.

(3) If a disqualified client moves from the assistance unit and joins another assistance unit, the client continues to be treated as an ineligible member of the new assistance unit for the remainder of the disqualification period.

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Chapter 388-446 WAC

FRAUD

NEW SECTION

WAC 388-446-0001  Cash and medical assistance fraud. (1) All cash or medical assistance cases in which substantial evidence is found supporting a finding of fraud are referred to the county prosecuting attorney. The prosecuting attorney's office determines which cases are subject to criminal prosecution.

(2) An applicant or recipient is suspected of committing fraud if intentional misstatement or failure to reveal information affecting eligibility results in an overpayment.

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NEW SECTION

WAC 388-446-0005  Disqualification period for cash assistance. (1) An applicant or recipient who has been convicted of unlawful practices in obtaining cash assistance is disqualified from receiving further cash benefits if:

(a) For TANF/SFA, the conviction was based on actions which occurred on or after May 1, 1997; or

(b) For general assistance, the conviction was based on actions which occurred on or after July 23, 1995.

(2) The disqualification period must be determined by the court and will be:

(a) For a first conviction, no less than six months; and

(b) For a second or subsequent conviction, no less than twelve months.

(3) The disqualification applies only to the person convicted and begins on the date of conviction.

(4) A recipient's cash benefits are terminated following advance or adequate notice requirements as specified in WAC 388-418-0030.

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NEW SECTION

WAC 388-446-0010  TANF disqualification period for fraud convictions of misrepresenting interstate residence. (1) An applicant or recipient is disqualified from receiving cash benefits under TANF if convicted of fraud by misrepresentation of residence in order to receive assistance from two or more states at the same time from any assistance program funded by the following:

(a) TANF and any other benefit authorized by Title IV-A of the Social Security Act; or

(b) Any benefit authorized by The Food Stamp Act of 1997; or

(c) Any benefit authorized by Title XIX, Medicaid; or

(d) SSI benefits authorized by Title XVI.

(2) The disqualification penalty is applied as follows:

(a) Only to convictions based on actions which occurred on or after May 1, 1997; and

(b) Only to the person convicted of fraud in federal or state court; and

(c) For a disqualification period of ten years or a period determined by the court, whichever is longer.

(3) The disqualification period begins the date the person is convicted of fraud by misrepresentation of residence in order to receive assistance from two or more states at the same time.

(4) The provisions of subsections (1) through (3) of this section do not apply when the President of the United States has granted a pardon for the conduct resulting in the conviction of fraud by misrepresentation of residence. The disregard of the provisions because of a pardon is effective the date the pardon is granted and continues for each month thereafter.

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NEW SECTION

WAC 388-446-0015  Intentional program violation (IPV) and disqualification hearings for food assistance. (1) An intentional program violation (IPV) is defined as an act in which a person intentionally:

(a) Makes a false or misleading statement;

(b) Misrepresents, conceals or withholds facts; or

(c) Acts in violation of the Food Stamp Act, the food stamp program regulations, or any state statute relating to the use, presentation, transfer, acquisition, receipt, or possession of food stamp coupons or FCAs.

(2) Food assistance clients suspected of committing an (IPV) are subject to referral for an administrative disqualification hearing, if:

(a) The suspected IPV causes an overissuance of four hundred fifty dollars or more; and

(b) The administrative proceedings will not jeopardize criminal proceedings; and

(c) The person resides in Washington state, at the time of the referral; or

(d) The person resides outside Washington state, but is within one hour's reasonable drive to a CSO.

(3) An administrative disqualification hearing (ADH) is a formal hearing to determine if a person committed an IPV. ADHs are governed by the rules found in chapter 388-08 WAC. However, rules in this section are the overriding authority if there is a conflict.

(4) A client who commits one or more IPVs and is suspected of committing another, is referred for an ADH when the act of suspected violation occurred:

(a) After the department mailed the disqualification notice to the client for the most recent IPV; or

(b) After an order was entered in criminal proceedings for the most recent IPV.

(5) A person suspected of IPV is entitled to receive notice of an ADH at least thirty days in advance of the hearing date. The notice is sent by certified mail, or provided to the client by personal service and will contain the following:

(a) The date, time, and place of the hearing;

(b) The charges against the individual;

(c) A summary of the evidence, and how and where the evidence can be examined;

(d) A warning that a decision will be based solely on evidence provided by the department, if the individual fails to appear at the hearing;

(e) A statement that the individual has ten days from the date of the scheduled hearing to show good cause for failure to appear at the hearing and to request rescheduling;

(f) A warning that a determination of IPV will result in a disqualification period; and

(g) A statement that if a telephone hearing is scheduled, the individual can request an in-person hearing by filing a request with the administrative law judge one week or more prior to the date of the hearing.

(6) The person or a representative shall have the right to one continuance of up to thirty days if a request is filed ten days or more prior to the hearing date.

(7) The hearing will be conducted and a decision rendered even if the person or representative fail to appear, unless within ten days from the date of the scheduled hearing:

(a) The person can show good cause for failing to appear; and

(b) The person or representative requests the hearing be re-instated.

(8) A scheduled telephone hearing may be changed to an in-person hearing if requested one week or more in advance. If requested less than one week in advance the person must show good cause for the requested change.

(9) The ALJ issues a preliminary decision based on evidence presented by the department establishing the person committed and intended to commit an IPV. The department and the client each have the right to request a review of the ALJ's decision by writing to the department's board of appeals as specified in WAC 388-08-464.

(10) A final decision of the disqualification hearing is mailed by the department's board of appeals.

(11) A client's disqualification is not implemented and benefits continue at the current amount when:

(a) The client can show good cause for not attending the hearing within thirty days from the date the disqualification notice was mailed; and

(b) An administrative law judge determines the client had good cause; or

(c) The client files a petition for review to appeal the disqualification

(12) An administrative disqualification hearing and an overissuance hearing can be combined when the cause for both hearings is related. The hearing procedures and notice requirements are the same as for administrative disqualification hearings.

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NEW SECTION

WAC 388-446-0020  Food assistance disqualification penalties. (1) Disqualification penalties apply only to the person or persons found to have committed an intentional program violation (IPV) as follows:

(a) If the intentional program violation occurred in whole or in part after the household was notified of the following penalties:

(i) Twelve months for the first violation;

(ii) Twenty-four months for the second violation;

(iii) Permanently for the third violation.

(b) If the violation ended before the household was notified of the penalties in subsection (1)(a) of this section:

(i) Six months for the first violation;

(ii) Twelve months for the second violation;

(iii) Permanently for the third violation.

(2) The disqualification and penalty period for a person convicted in another state stays in effect until satisfied regardless of where a person moves.

(3) Multiple program violations are considered as one violation when determining the penalty for disqualification when the violations occurred before the department notified the household of the penalties, as described in subsection (1), (4) and (5) of this section.

(4) Disqualification penalties for persons convicted by a federal, state, or local court of trading or receiving food coupons for a controlled substance are:

(a) Two years for a first conviction; and

(b) Permanently for a second conviction.

(5) A first conviction by federal, state, or local court permanently disqualifies persons who:

(a) Trade or receive food coupons for firearms, ammunition, or explosives; or

(b) Knowingly buy, sell, trade, or present for redemption food coupons totalling five hundred dollars or more in violation of section 15 (b) & (c) of the Food Stamp Act of 1977, as amended.

(6) Persons convicted of providing false identification or residency information to receive multiple coupon benefits are disqualified for ten years.

(7) When a court convicts a person of an IPV, the disqualification penalties specified in subsection (1) through (5) apply as follows;

(a) In addition to any civil or criminal penalties; and

(b) Within forty-five days of the date of conviction; unless

(c) Contrary to the court order.

(8) Disqualification penalties are applied after notifying the household of the disqualification, the effective date, the amount of benefits the household will receive during the disqualification period and the need to reapply when the certification period expires.

(9) Even though only the individual is disqualified, the food assistance household is responsible for making restitution for the amount of any overpayment.

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Chapter 388-448 WAC

INCAPACITY

NEW SECTION

WAC 388-448-0001  Who is eligible for general assistance-unemployable. To be eligible for benefits under the general assistance-unemployable (GA-U) program a client must be:

(1) Eligible for payments based on Social Security Administration (SSA) disability criteria; or

(2) Eligible for services from the division of developmental disabilities (DDD); or

(3) Diagnosed as mentally retarded and the diagnosis is substantiated by a full scale score of seventy or lower on the Wechsler Adult Intelligence Scale (WAIS); or

(4) Sixty-five years of age or older; or

(5) Released from inpatient psychiatric treatment and for ninety days following the date of release if:

(a) Participating in direct outpatient mental health treatment services; and

(b) The release was not against medical advice; or

(6) Eligible for long-term care services from aging and adult services administration; or

(7) For ninety days after release from a medical institution where the person received long-term care services from the aging and adult services administration; or

(8) Approved by the Progressive Evaluation Process (PEP); or

(9) Still incapacitated at redetermination because their medical or mental condition has not clearly improved and no error is found in the previous incapacity determination.

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NEW SECTION

WAC 388-448-0005  The following criteria is used to determine if a child is deprived of parental support due to incapacity. Deprivation due to incapacity exists when one or both parents in a two parent household:

(1) Is physically and/or mentally impaired to such a degree that their ability to support or care for a child is substantially reduced or eliminated. The incapacity must be supported by medical evidence and be expected to last at least thirty days; or

(2) Is eligible for payments based on SSA disability criteria; or

(3) Has a fifty percent or greater disability rating from the Veteran's Administration.

[]

Chapter 388-450 WAC

INCOME

NEW SECTION

WAC 388-450-0005  Income--Ownership and availability. (1) For TANF/SFA, RCA, GA, TANF/SFA-related medical and food assistance programs:

(a) All available income owned or possessed by a client is considered when determining the client's eligibility and benefit level.

(b) Ownership of income is determined according to applicable state and federal laws pertaining to property ownership and eligibility for assistance programs. For married persons, ownership of separate and community income is determined according to chapter 26.16 RCW.

(c) Income owned by a client is considered available when it is at hand and may be used to meet the client's current need.

(d) When the department determines that a client may be entitled to or have an interest in income which may be used to reduce the client's need for assistance, the client may be denied assistance when the client fails or refuses to make a reasonable effort to make the income available or receive the entitlement.

(i) A client's eligibility is not affected until the income is received as long as the client makes reasonable efforts to make potential income available; and

(ii) A client may choose whether to receive TANF/SFA or Supplemental Security Income (SSI) benefits.

(e) The income of a person who is not a member of a client's assistance unit may be considered available to the client under the rules of this chapter if the person is financially responsible for the client and lives in the home with the client. For medical programs, financial responsibility is described in WAC 388-408-0055.

(f) For medical programs, the income of a financially responsible person, not living in the home is considered available to the extent it is contributed.

(g) Funds deposited into a bank account which is held jointly by a client and another are considered income possessed by and available to the client unless:

(i) The client can show that all or part of the funds belong exclusively to the other account holder and are held or used solely for the benefit of that holder; or

(ii) The funds have been considered by the Social Security Administration (SSA) when determining the other account holder's eligibility for SSI benefits.

(2) For TANF/SFA, RCA, GA and food assistance programs the income of an alien's sponsor is considered available to the alien under the rules of this chapter when determining the alien's eligibility and benefit level.

(3) For SSI-related medical:

(a) Income is considered available and owned when it is:

(i) Received; and

(ii) Can be used to meet the clients needs for food, clothing and shelter, except as provided in WAC 388-511-1130.

(b) Loans and certain other receipts are not defined as income for SSI-related purposes as described in 20 C.F.R. Sec. 416.1103.

(4) For medical programs, trusts are described in WAC 388-505-0595.

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NEW SECTION

WAC 388-450-0010  Liens against potential time-loss compensation. This section applies to TANF/SFA, RCA, GA and TANF/SFA-related medical programs.

(1) By accepting public assistance, adult and minor clients assign to the department the right to recover time-loss compensation.

(2) When an assistance unit consists of unmarried parents only, the portion of cash assistance received by the injured parent and the injured parent's natural, adoptive or stepchildren is recoverable by the department.

(3) When a client or client's attorney claims allowable attorney fees and costs incidental to an increased award, the office of financial recovery (OFR) will:

(a) Determine what portion of the award, if any, resulted directly from the attorney's involvement;

(b) Determine the department's proportionate share of attorney fees and costs applicable to the duplicate coverage period; and

(c) Deduct the department's share of cost in subsection (b) of this section from the lien for duplicated assistance; or

(d) Issue the proportionate share refund to the attorney with a copy of the account summary to the client.

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NEW SECTION

WAC 388-450-0015  Excluded and disregarded income. This section applies to TANF/SFA, RCA, GA, TANF/SFA-related medical and food assistance programs.

(1) Excluded income means income that is not counted when determining a client's eligibility and benefit level. Excluded income types are defined by state and federal laws. Types of excluded income include but are not limited to:

(a) Loans, except certain student loans as specified under WAC 388-450-0035.

(b) Federal earned income tax credit (EITC) payments;

(c) Title IV-E, state and or local foster care maintenance payments;

(d) Energy assistance payments;

(e) Educational assistance as specified in WAC 388-450-0035;

(f) Native American benefits and payments as specified in WAC 388-450-0040;

(g) Income from employment and training programs as specified in WAC 388-450-0045; and

(h) Any amount withheld from a client's benefit to repay an overpayment by the source agency. For food assistance, this exclusion does not apply when the amount is withheld to recoup an intentional noncompliance overpayment from a federal, state, or local means tested program.

(i) Child support payments received by TANF/SFA recipients which have been assigned to the department as a condition of receiving assistance.

(2) For food assistance programs, the following income types are excluded:

(a) Emergency additional requirements authorized to TANF/SFA and RCA clients under WAC 388-436-0001 and paid directly to a third party;

(b) Cash donations based on need received directly by the household if the donations are:

(i) Made by one or more private, nonprofit, charitable organizations; and

(ii) Do not exceed three hundred dollars in any federal fiscal year quarter.

(c) Infrequent or irregular income, received during a three-month period by a prospectively budgeted assistance unit, that:

(i) Cannot be reasonably anticipated as available; and

(ii) Does not exceed thirty dollars for all household members.

(3) All income that is not excluded is considered to be part of an assistance unit's gross income. Gross income is used to determine an assistance unit's eligibility as follows:

(a) For TANF/SFA, RCA, GA-S, and GA-H, the assistance unit is ineligible if its gross income exceeds 185 percent of the need standard as specified in WAC 388-478-0015; and

(b) For certain food assistance households, the assistance unit's gross income cannot exceed one hundred thirty percent of the federal poverty level for the forty-eight contiguous states as specified in WAC 388-478-0060.

(4) Disregarded income means income that is not excluded when determining an assistance unit's gross income but which is disregarded when determining an assistance unit's countable income. Types of disregarded income are defined by state and federal laws. Disregarded income includes but is not limited to:

(a) Earned income incentives and disregards for cash assistance; and

(b) Food assistance income deductions.

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NEW SECTION

WAC 388-450-0020  Income exclusions for SSI-related medical. This section describes the types of income which are excluded or not counted when determining how much of a client's income is compared to the income standards in WAC 388-478-0065 through 388-478-0085 to determine eligibility.

(1) The first twenty dollars per month of a client's earned or unearned income, which is not otherwise excluded in this section, is excluded. This exclusion:

(a) Can only be allowed once for a husband and wife; and

(b) Does not apply to income paid on the basis of an eligible person's needs, which is funded totally or partially by the federal government or a private agency.

(2) The first sixty-five dollars per month of a client's earned income, plus one-half of the remainder is considered a work incentive and is deducted from the earned income. This deduction does not apply to income already excluded in this section.

(3) Income a client does not reasonably anticipate or which a client receives infrequently or irregularly is excluded when it is:

(a) Unearned and does not exceed twenty dollars per month; or

(b) Earned and does not exceed ten dollars per month.

(4) A client's work related expenses including child care are excluded when they specifically enable:

(a) A blind client to work; or

(b) A permanently or totally disabled client to continue to work.

(5) Any portion of self-employment income normally allowed as an income deduction by the Internal Revenue Service (IRS) is excluded.

(6) Any payment a client receives for the foster care of a child who lives in the same household, is excluded when the child:

(a) Was placed in the client's home by a public or nonprofit child placement or child care agency; and

(b) Is not SSI eligible.

(7) One-third of any payment for child support a client receives from an absent parent for a minor child, who is not institutionalized, is excluded.

(8) A portion of an SSI-related person's income to meet the needs of an ineligible minor child living in the household is excluded when:

(a) The SSI-related parent is single; or

(b) If married, the spouse does not have income (see WAC 388-450-0150 if the spouse has income); and

(c) The excluded amount is:

(i) One-half of the one person federal SSI benefit rate, as described in WAC 388-478-0055; and

(ii) Minus any income of the child.

(9) Unless income is specifically contributed to the client, all earned income of an ineligible or nonapplying person, under twenty-one years of age, is excluded when this person is a student:

(a) Attending a school, college, or university; or

(b) Pursuing a vocational or technical training program designed to prepare the student for gainful employment.

(10) A client's veteran's benefits are excluded when they are designated for the veteran's:

(a) Dependent; or

(b) Aid and attendance/household allowance and unreimbursed medical expense allowance (UME). For an institutional client see WAC 388-513-1345.

(11) Any federal SSI income or state supplement payment (SSP), which is based on financial need is excluded.

(12) COLA increases in Title II Social Security Administration benefits are excluded for a noninstitutionalized client when:

(a) Received by the client after the client's termination from SSI/SSP or;

(b) Received by the client's spouse or other financially responsible person living in the household during the time period after the SSI/SSP termination.

(13) Income which causes a client to lose SSI eligibility due solely to the reduction in the SSP is excluded.

(14) Increases in a client's burial funds, established on or after November 1, 1982, are excluded if these increases are the result of:

(a) Interest earned on excluded burial funds;

(b) Appreciation in the value of an excluded burial arrangement which is left to accumulate and become part of separately identified burial funds.

(15) An essential expense incurred by a client to receive unearned income is excluded.

(16) A client's refund by any public agency of taxes paid on real property or on food is excluded.

(17) Tax rebates or special payments excluded under other statutes are excluded.

(18) The amount of a client's EITC payment is excluded.

(19) A fee a guardian or representative payee charges as reimbursement for providing services, when such services are a requirement for the client to receive payment of the income are excluded.

(20) Income a client's ineligible or nonapplying spouse receives from a governmental agency for services provided to an eligible client, such as chore services, are excluded.

(21) Certain cash payments a client receives from a governmental or nongovernmental medical or social service agency to pay for medical or social services are excluded.

(22) Payments to certain survivors of the Holocaust under the Federal Republic of Germany's Law for Compensation of National Socialist Persecution or German Restitution Act are excluded. Any interest earned on this income is considered as unearned income, under WAC 388-450-0025.

(23) Payments to a client under section 500 through 506 of the Austrian General Social Insurance Act are excluded. Any interest earned on this income is considered unearned income under WAC 388-450-0025.

(24) Payments to a client from the Dutch government, under the Netherlands' Act on Benefits for Victims of Persecution (WUV) are excluded. Any interest earned on this income is considered unearned income under WAC 388-450-0025.

(25) Other payments excluded under federal or state law, including but not limited to those described in WAC 388-450-0015 (1)(b) through (g).

(26) Payments from Susan Walker v. Bayer Corporation, et al., 96-c-5024 (N.D. Ill.) (May 8, 1997) settlement funds are excluded as income. Any interest earned on this income is considered unearned income under WAC 388-450-0025.

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NEW SECTION

WAC 388-450-0025  Unearned income. This section applies to TANF/SFA, RCA, GA, TANF/SFA-related medical and food assistance programs.

(1) Unearned income is income a person receives from a source other than employment or self-employment. Examples of unearned income include but are not limited to:

(a) Railroad retirement;

(b) Unemployment compensation; or

(c) Veteran administration benefits.

(2) For food assistance programs, unearned income includes the amount of cash benefits due the client prior to any reductions caused by the client's failure to perform an action required under a federal, state, or local means-tested public assistance program.

(3) Unearned income is budgeted in its entirety.

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NEW SECTION

WAC 388-450-0030  Earned income definition. Unless specifically stated, this section applies to TANF/SFA, RCA, GA, TANF/SFA-related medical and food assistance programs.

(1) Earned income means:

(a) Income a person receives in the form of cash or in-kind, which is a gain or benefit to the person, when earned as a wage, salary, tips, gratuities, commissions, or profit from self-employment activities.

(b) Income over a period of time for which settlement is made at one time, such as sale of farm crops, livestock, or poultry.

(2) Earned income from self-employment is determined as specified under WAC 388-450-0080.

(3) For TANF/SFA, RCA, GA, and TANF/SFA-related medical assistance, earned income includes time-loss compensation as specified in WAC 388-450-0075.

(4) For food assistance programs only, income in-kind is excluded.

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NEW SECTION

WAC 388-450-0035  Educational benefits. This section applies to TANF/SFA, RCA, GA, TANF/SFA-related medical and food assistance programs.

(1) A student can exclude educational assistance in the form of grants, loans or work study, issued from Title IV of the Higher Education Amendments (Title IV - HEA) and Bureau of Indian Affairs (BIA) education assistance programs. Examples of Title IV - HEA and BIA educational assistance include but are not limited to:

(a) College work study (federal and state);

(b) Pell grants; and

(c) BIA higher education grants.

(2) The following types of educational assistance, in the form of grants, loans, or work study, are not counted when determining a student's need:

(a) Assistance under the Carl D. Perkins Vocational and Applied Technology Education Act, P.L. 101-391 for attendance costs identified by the institution as specified in subsections (3) and (4) of this section; and

(b) Educational assistance made available under any program administered by the Department of Education (DOE) to an undergraduate student. Examples of programs administered by DOE include but are not limited to:

(i) Christa McAuliffe Fellowship Program;

(ii) Jacob K. Javits Fellowship Program; and

(iii) Library Career Training Program.

(3) Educational assistance under subsection (2)(a) of this section for the following attendance costs is not counted when a student is attending school less than half-time:

(a) Tuition;

(b) Fees; and

(c) Costs for purchase or rental of equipment, materials, or supplies required of all students in the same course of study.

(4) Educational assistance under subsection (2)(a) of this section for a student attending school at least half-time for the following attendance costs in addition to the costs specified in subsection (3) of this section:

(a) Books;

(b) Supplies;

(c) Transportation;

(d) Dependent care; and

(e) Miscellaneous personal expenses.

(5) For TANF/SFA, RCA, GA, and TANF/SFA-related medical assistance, the amount of a student's remaining educational assistance equal to the difference between the student's appropriate need standard and payment standard is excluded.

(6) Any remaining income is unearned income and budgeted using the appropriate budgeting method for the assistance unit.

(7) When a student participates in a work study program that is not excluded by subsections (1) and (2) of this section, the income received is treated as earned income:

(a) Applying the applicable earned income disregards;

(b) For TANF/SFA, RCA, GA, and TANF/SFA-related medical assistance, excluding the difference between the student's appropriate need standard and payment standard; and

(c) Budgeting remaining income using the appropriate budgeting method for the assistance unit.

(8) When a student receives Veteran's Administration Educational Assistance:

(a) All applicable attendance costs are subtracted; and

(b) The remaining unearned income is budgeted using the appropriate budgeting method for the assistance unit.

(9) When a student participates in graduate school studies, educational assistance made available to the student is treated as unearned income.

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NEW SECTION

WAC 388-450-0040  Native American benefits and payments. This section applies to TANF/SFA, RCA, GA medical and food assistance programs.

(1) The following types of income are not counted when a client's benefits are computed:

(a) Up to two thousand dollars per individual per calendar year received under the Alaska Native Claims Settlement Act, P.L. 92-203 and 100-241;

(b) Income received from Indian trust funds or lands held in trust by the Secretary of the Interior for an Indian tribe or individual tribal member. Income includes:

(i) Interest; and

(ii) Investment income accrued while such funds are held in trust.

(c) Income received from Indian judgement funds or funds held in trust by the Secretary of the Interior distributed per capita under P.L. 93-134 as amended by P.L. 97-458 and 98-64. Income includes:

(i) Interest; and

(ii) Investment income accrued while such funds are held in trust.

(d) Up to two thousand dollars per individual per calendar year received from leases or other uses of individually owned trust or restricted lands, P.L. 103-66;

(e) Payments from an annuity fund established by the Puyallup Tribe of Indians Settlement Act of 1989, P.L. 101-41, made to a Puyallup Tribe member upon reaching twenty-one years of age; and

(f) Payments from the trust fund established by the P.L. 101-41 made to a Puyallup Tribe member.

(2) Other Native American payments and benefits that are excluded by federal law are not counted when determining a client's benefits. Examples include but are not limited to:

(a) White Earth Reservation Land Settlement Act of 1985, P.L. 99-264, Section 16;

(b) Payments made from submarginal land held in trust for certain Indian tribes as designated by P.L. 94-114 and P.L. 94-540; and

(c) Payments under the Seneca Nation Settlement Act, P.L. 101-503.

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NEW SECTION

WAC 388-450-0045  Income from employment or training programs. This section applies to TANF/SFA, RCA, GA, and food assistance programs.

(1) Payments issued under the Job Training Partnership Act (JTPA) are treated as follows:

(a) Wages paid under JTPA are considered earned income.

(b) For TANF/SFA, RCA, and GA assistance, needs based payments issued under JTPA are considered as follows:

(i) Payments which cover special needs not covered in the need standard are excluded.

(ii) Payments which duplicate items contained in the need standard are excluded up to the difference between the student's appropriate need standard and payment standard.

(c) For food assistance, living allowances and incentive payments under JTPA are excluded as income.

(2) Payments issued under the National and Community Service Trust Act of 1993 (Americorps) are treated as follows:

(a) For cash assistance, living allowances or stipends paid under Americorps are considered earned income.

(b) For food assistance, living allowances or stipends paid under AmeriCorps are excluded income.

(3) Americorps/VISTA stipends and living allowances paid to VISTA volunteers under the Domestic Volunteer Act of 1973:

(a) For TANF/SFA, RCA, and GA assistance, are disregarded as income; and

(b) For food assistance, are disregarded as income, if the client received:

(i) Food assistance or cash assistance at the time they joined the Title I program; or

(ii) An income disregard for the Title I program at the time of conversion to the Food Stamp Act of 1977. Disregard of Title I program income will continue through temporary interruptions in food assistance participation.

(4) For TANF/SFA, RCA, and GA assistance, needs based payments issued under Americorps are treated like JTPA payments as provided in subsection (1)(b) of this section.

(5) For food assistance, training allowances from vocational and rehabilitative programs are earned income when:

(a) Recognized by federal, state, or local governments; and

(b) Not a reimbursement.

(6) For training allowances received by GA-U clients:

(a) The earned income incentive and work expense deduction specified under WAC 388-450-0175 is applied when applicable; and

(b) For clients enrolled in a remedial education or vocational training course, the actual cost of uniforms or special clothing required for the course is deducted from the training allowance.

(7) Support service payments received by or made on behalf of WorkFirst participants are not considered income.

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NEW SECTION

WAC 388-450-0050  Income from the community jobs program. This section applies to the TANF/SFA program.

(1) The monthly wage received by a TANF/SFA client who participates in the community jobs (CJ) wage subsidy program is:

(a) Not counted as income for the first month of CJ participation; and

(b) Budgeted prospectively as defined in WAC 388-450-0215 beginning with the second month of CJ participation.

(2) The CJ participant's grant amount is computed by disregarding twenty percent of the expected income and treating the remainder as countable income.

(3) CJ participants are not subject to monthly reporting or income reporting requirements.

(4) When a change in income or resources causes the assistance unit's grant amount to be less than ten dollars or results in ineligibility, a CJ participant's cash grant:

(a) Will be suspended following rules in WAC-388-450-0245;

(b) Will continue to be suspended until participation is redetermined according to WAC 388-310-1300(8); and

(c) Can be in suspense for no more than nine months.

(5) Each month a CJ participant's cash grant is suspended will count toward the assistance unit's sixty month lifetime time limit for receipt of TANF/SFA benefits.

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NEW SECTION

WAC 388-450-0055  Assistance from other agencies and organizations. Unless specifically stated, this section applies to TANF/SFA, RCA, GA, medical and food assistance programs.

(1) Funds received from other agencies and organizations are excluded when determining the amount of assistance to be paid as long as no duplication exists between the assistance provided by the other agency and that provided by the department.

(2) To assure nonduplication, aid from other agencies will be considered in relation to:

(a) The different purposes for which such aid is granted;

(b) The provision of goods and services not included in the department's standards; and

(c) Conditions that preclude its use for current living costs.

(3) For TANF/SFA, RCA, GA, and TANF/SFA-related medical assistance, if the assistance from another agency is available to meet need, the assistance shall be disregarded up to the difference between the need standard and the payment standard.

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NEW SECTION

WAC 388-450-0060  Lump sum payments. This section applies to TANF/SFA, RCA, GA, and TANF/SFA-related medical assistance. A one-time lump sum payment is treated as follows:

(1) Compensatory awards or related settlements are considered countable resources as provided in WAC 388-470-0080.

(2) For all other one-time lump sum payments, the amount equal to the difference between the client's countable resources and the resource limit is disregarded as income. The remaining amount is called the net lump sum payment and affects the client's eligibility and benefit amount as provided in WAC 388-450-0240.

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NEW SECTION

WAC 388-450-0065  Gifts--Cash and noncash. A gift is an item furnished to a client without work or cost on his or her part.

(1) A cash gift is a gift that is furnished as money, cash, checks or any other readily negotiable form.

(a) For TANF/SFA, RCA, GA-S, GA-H, and TANF/SFA-related medical programs, cash gifts of up to thirty cumulative dollars per calendar quarter for each assistance unit member are disregarded as income.

(b) For GA-U and food assistance programs, cash gifts are treated as unearned income.

(2) For TANF/SFA, RCA, GA-S, GA-H, GA-U and TANF/SFA-related medical programs, a noncash gift is treated as a resource.

(a) If the gift is a countable resource, its value is added to the value of the client's existing countable resources and the client's eligibility is redetermined as specified in chapter 388-470 WAC.

(b) If the gift is an excluded or noncountable resource, it does not affect the client's eligibility or benefit level.

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NEW SECTION

WAC 388-450-0070  A child's earned income. Unless otherwise specified, this section applies to TANF/SFA, RCA, GA-H and TANF/SFA-related medical programs. The earned income of a dependent child is:

(1) Excluded when determining if the total income of the assistance unit is more than one hundred eighty-five percent of the need standard in WAC 388-478-0015. This exclusion is limited to:

(a) Children who are full-time students; and

(b) No more than six month's in any calendar year.

(2) Not counted when determining the assistance unit's need and benefit level when the child is a:

(a) Full-time student; or

(b) Part-time student who is employed less than full-time.

(3) For food assistance programs, all earned income of a child is not counted when a child is:

(a) Seventeen years of age or younger; and

(b) Attending elementary or secondary school at least half time.

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NEW SECTION

WAC 388-450-0075  Income from time-loss compensation. (1) Temporary disability insurance payments and temporary worker's compensation payments are treated as earned income for TANF/SFA, RCA, GA-S, GA-H, and TANF/SFA-related medical when such payments are:

(a) Employer funded and are analogous to sick pay; and

(b) Made to an individual who remains employed during recuperation from a temporary illness or injury pending return to the job.

(2) Recurrent time loss benefits from the department of labor and industries are examples of benefits meeting this criteria.

(3) For TANF/SFA, RCA, GAS, GA-H and TANF/SFA-related medical programs, temporary disability insurance payments and temporary worker's compensation payments not considered to be earned income as described in subsection (1) and (2) of this section, are treated as unearned income as specified in WAC 388-450-0025.

(4) For the GA-U program, temporary disability insurance payments and temporary worker's compensation payments are treated as unearned income as specified in WAC 388-450-0025.

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NEW SECTION

WAC 388-450-0080  Self-employment income--General rules. This section applies to TANF/SFA, RCA, GA, TANF/SFA-related medical and food assistance programs.

(1) Self-employment earned income is used to reduce a client's need for assistance. The income is treated as earned income as provided in WAC 388-450-0030.

(2) Self-employment earned income is defined as gross business income minus total allowable business expenses as defined in WAC 388-450-0085.

(3) In order to establish eligibility for assistance, a self-employed client must maintain and make available to the department a record clearly documenting all business expenses and income.

(4) Income from the following is treated as self-employment income:

(a) Adult family home;

(b) Farming;

(c) Roomers and boarders;

(d) Rental and lease of personal property or real estate owned by the client; and

(e) Self-produced or supplied items.

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NEW SECTION

WAC 388-450-0085  Self-employment income--Allowable expenses. The following self-employment expenses are allowed as deductions from gross self-employment income for TANF/SFA, RCA, GA, medical and food assistance programs unless otherwise specified:

(1) Rent or lease of business equipment or property;

(2) Utilities;

(3) Postage;

(4) Telephone;

(5) Office supplies;

(6) Advertising;

(7) Business related insurance, taxes, licenses and permits;

(8) Legal, accounting, and other professional fees;

(9) For TANF/SFA, RCA, and GA assistance programs only, the cost of goods sold, including wages paid to employees producing salable goods, raw materials, stock, and replacement or reasonable accumulation of inventory, provided inventory has been declared exempt on the basis of an agreed plan pursuant to chapter 388-470 WAC;

(10) Repairs to business equipment and property, excluding vehicles;

(11) Interest on business loans used to purchase income-producing property or equipment;

(12) Wages and salaries paid to employees not producing salable goods;

(13) Commissions paid to agents and independent contractors;

(14) Seed, fertilizer, and feed grain for a self-employed farmer;

(15) Other reasonable and necessary costs of doing business;

(16) The cost of the place of business. If any portion of the client's home is used as the place of business, it must be used exclusively for business to be an allowable business expense. The percentage of the home used for business can be an allowable business expense;

(17) The following transportation expenses are allowed as a deduction from gross self-employment income:

(a) Actual, documented costs for:

(i) Gas, oil, and fluids;

(ii) Replacing worn items such as tires;

(iii) Registration and licensing fees;

(iv) Auto loan interest; and

(v) Business related parking and tolls; or

(b) A cost per mile established by the department.

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NEW SECTION

WAC 388-450-0090  Self-employment expenses that are not allowed as income deductions. (1) The following expenses cannot be deducted from self-employment income for TANF/SFA, RCA, GA, TANF/SFA-related medical or food assistance programs:

(a) Payments on the principle of the purchase price of income-producing:

(i) Real estate and capital assets;

(ii) Equipment;

(iii) Machinery; and

(iv) Other durable goods.

(b) Payments on the principal of loans to the business;

(c) Amounts claimed as depreciation;

(d) Any amount claimed as a net loss sustained in any prior period; and

(e) Entertainment expenses.

(2) The following expenses cannot be deducted from self-employment income for food assistance programs only:

(a) Federal, state, and local income taxes;

(b) Retirement funds; or

(c) Personal work-related expenses.

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NEW SECTION

WAC 388-450-0095  Allocating income--General. This section applies to TANF/SFA, RCA, and GA assistance programs.

(1) Allocation is the process of determining how much of a financially responsible person's income is considered available to meet the needs of legal dependents within or outside of an assistance unit.

(2) In-bound allocation means income possessed by a financially responsible person outside the assistance unit which is considered available to meet the needs of legal dependents in the assistance unit.

(3) Out-bound allocation means income possessed by a financially responsible assistance unit member which is set aside to meet the needs of a legal dependent outside the assistance unit.

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NEW SECTION

WAC 388-450-0100  Allocating income--Definitions. The following definitions apply to the allocation rules for TANF/SFA, RCA, and GA 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) A "disqualified assistance unit member" means:

(a) An unmarried pregnant or parenting minor under age eighteen who has not completed a high school education or general education development (GED) certification and is not participating in those educational activities which would lead to the attainment of a high school diploma or GED;

(b) An unmarried pregnant or parenting minor under age eighteen who is not living in a department-approved living situation; and

(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 days.

(3) "Financially responsible person" means a parent, stepparent, adoptive parent, spouse or caretaker relative.

(4) "Ineligible assistance unit member" means an individual who:

(a) Is ineligible for cash assistance due to citizenship/alien status requirement in chapter 388-424 WAC;

(b) Has been disqualified from receiving assistance under WAC 388-446-0010 based on a conviction in federal or state court of having made a fraudulent statement or representation with respect to their place of residence in order to receive assistance from two or more states at the same time;

(c) Has been disqualified from receiving assistance under WAC 388-446-0005 based on a conviction for unlawfully receiving public assistance;

(d) Has been disqualified from receiving 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;

(e) Is disqualified from receiving 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;

(f) Is disqualified from receiving 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;

(g) Is the spouse of a woman who receives cash benefits from the GA-S program; and

(h) Is the adult parent of a minor parent's child.

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NEW SECTION

WAC 388-450-0105  Allocating the income of a financially responsible person included in the assistance unit. This section applies to TANF/SFA, GA-S, RCA, RMA and TANF-related medical programs. The income of a financially responsible person included in the assistance unit is countable to meet the needs of the assistance unit after the income is reduced by the following:

(1) Any applicable earned income incentive and work expense or deduction for the financially responsible person in the assistance unit, if that person is employed;

(2) The payment standard amount for the ineligible assistance unit members living in the home; and

(3) An amount not to exceed the department's standard of need for court or administratively ordered current or back support for legal dependents.

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NEW SECTION

WAC 388-450-0110  Allocating the income of a GA-U client to legal dependents. This section applies to the GA-U program.

(1) The income of a GA-U client is reduced by the following:

(a) The GA-U earned income disregard and work expense disregard, as specified in WAC 388-450-0175; and

(b) An amount not to exceed the department's standard of need for court or administratively ordered current or back support for legal dependents.

(2) When a GA-U client in a medical institution, alcohol or drug treatment center, congregate care facility or adult family home has income, the income is countable to meet the client's needs after the income is reduced by the following:

(a) The payment standard amount for the nonapplying spouse and legal dependents living in the home; and

(b) The standard of assistance the client is eligible for while in an alternative care facility.

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NEW SECTION

WAC 388-450-0115  Allocating the income of a financially responsible person excluded from the assistance unit. This section applies to TANF/SFA, RCA and GA-S programs.

The income of a financially responsible person excluded from the assistance unit is available to meet the needs of the assistance unit after the income is reduced by the following:

(1) A ninety dollar work expense deduction from the financially responsible person(s) excluded from the assistance unit who is employed;

(2) The payment standard amount for the ineligible assistance unit members living in the home; and

(3) An amount not to exceed the department's standard of need for court or administratively ordered current or back support for legal dependents.

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NEW SECTION

WAC 388-450-0120  Allocating the income of financially responsible parents to a pregnant or parenting minor. This section applies to TANF/SFA, RCA and GA-S programs.

The income of nonapplying financially responsible parent(s) of a pregnant or parenting minor is countable to meet the needs of the minor and the child(ren) after the income is reduced by the following:

(1) A ninety dollar work expense from the financially responsible parent's gross income from employment;

(2) An amount not to exceed the department's standard of need for:

(a) The financially responsible parent and dependent living in the home who are not applying for or receiving cash benefits and not a disqualified individual; and

(b) Court or administratively ordered current or back support for legal dependents.

(3) Spousal maintenance payments made to meet the needs of individuals not living in the home.

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NEW SECTION

WAC 388-450-0125  Allocating the income of the father of the unborn child to a pregnant woman. This section applies to TANF/SFA, RCA and GA-S programs.

(1) Income of the father of the unborn child is allocated to a pregnant woman under the following conditions:

(a) The need standard, as provided in WAC 388-478-0015 that reflects the number of people in the assistance unit as though the child were born when applying the one hundred eighty-five percent of need test as specified in WAC 388-450-0015. The father is included when he is residing in the client's home.

(b) The payment standard, as provided in WAC 388-478-0025 that reflects the number of people in the assistance unit as though the child were born. The father is included when he is residing in the client's home.

(2) When the parents are married and the father resides in the client's home, his income is allocated according to rules in WAC 388-450-0115.

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NEW SECTION

WAC 388-450-0130  Allocating the income of a nonapplying spouse to a caretaker relative. This section applies to TANF/SFA and RCA programs.

(1) The community income of the nonapplying spouse and applying spouse is combined. See WAC 388-450-0005 to determine what income is available as community income.

(2) Subtract a one person payment standard as specified in WAC 388-478-0020.

(3) The remainder is allocated to the caretaker relative.

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NEW SECTION

WAC 388-450-0135  Allocating income of an ineligible spouse to a GA-U client. (1) This section applies to the GA-U program.

(2) When a GA-U client is married and lives with the nonapplying spouse, the following income is available to the client:

(a) The remainder of the client's wages, retirement benefits or separate property after reducing the income by:

(i) The GA-U work incentive and work expense deduction, as specified in WAC 388-450-0175; and

(ii) An amount not to exceed the department's standard of need for court or administratively ordered current or back support for legal dependents.

(b) The remainder of the nonapplying spouse's wages, retirement benefits and separate property after reducing the income by:

(i) The GA-U work expense deduction;

(ii) An amount not to exceed the department's standard of need for court or administratively ordered current or back support for legal dependents; and

(iii) The payment standard amount as specified under WAC 388-478-0030 which includes ineligible assistance unit members.

(c) One-half of all other community income, as provided in WAC 388-450-0005.

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NEW SECTION

WAC 388-450-0140  Income of ineligible assistance unit members--Food assistance. (1) When a food assistance unit contains a person who is disqualified for intentional program violation or failure to meet work requirements as provided in chapter 388-444 WAC, all income of the disqualified person is included as part of the entire assistance unit's income:

(a) The standard deduction and allowable deductions for earned income, medical costs, dependent care, and excess shelter costs are applied; and

(b) The assistance unit's coupon allotment is not increased as a result of the exclusion of the disqualified person.

(2) When an assistance unit contains a person who is ineligible due to alien status or failure to sign the application attesting to citizenship or alien status or who has been disqualified for refusal to obtain or provide a Social Security number:

(a) A share of the income of the ineligible person is counted as income to the eligible assistance unit members after prorating the income among all members, including the ineligible member, and excluding the ineligible person's share;

(b) The twenty percent earned income deduction is applied to the ineligible person's earned income attributed to the assistance unit; and

(c) The portion of the assistance unit's allowable shelter and dependent care expense which is paid by or billed to the ineligible person is divided evenly among all members of the assistance unit, provided the ineligible members have income.

(3) The ineligible or disqualified assistance unit member is not counted when determining the assistance unit's size for purposes of:

(a) Comparing the assistance unit's total monthly income to the income eligibility standards; and

(b) Computing benefits.

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NEW SECTION

WAC 388-450-0145  Income of a person who is not a member of a food assistance unit. (1) A cash payment made to a food assistance unit from a person who is not a member of the assistance unit is counted as unearned income.

(2) The following types of income are not available to the assistance unit:

(a) The nonmember's income; and

(b) Payments made by a nonmember to a third party for the benefit of the assistance unit.

(3) When the nonmember's earnings are not clearly separate from the earnings of food assistance unit members, the earnings are:

(a) Divided equally among the working persons, including the nonmember; and

(b) The portion of the nonmember is not counted.

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NEW SECTION

WAC 388-450-0150  SSI-related medical income allocation. (1) When a client is applying for SSI-related categorically needy (CN) or medically needy (MN) medical assistance, a portion of the income of a spouse or parent is allocated to the needs of the applicant. This occurs when the spouse or parent is:

(a) Financially responsible for the SSI-related person as described in chapter 388-408 WAC; and

(b) Lives in the same household; and

(c) Is not receiving SSI; and

(d) Is either not related to SSI or is not applying for medical assistance.

(2) If the conditions in subsection (1) of this section are met, the income exclusions listed below are applied and the remainder of the parent's income is allocated to their SSI-related minor child applying for either (CN) or (MN) medical assistance:

(a) Income exclusions as described in WAC 388-450-0020; and

(b) One-half of the federal benefit rate (FBR), as described in WAC 388-478-0055, for each SSI ineligible child in the household, minus any income of that child; and