WSR 99-19-158

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed September 22, 1999, 10:30 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: WAC 388-450-0245 When are my benefits suspended? and WAC 388-450-0250 Income of a new assistance unit member.

Purpose: With implementation of prospective income budgeting, effective with January 2000 benefits, references to retrospective budgeting must be deleted. In addition, WAC 388-450-0245 has been revised to conform to Executive Order 97-02 writing standards. WAC 388-450-0250 is being repealed.

Statutory Authority for Adoption: RCW 74.04.510.

Statute Being Implemented: RCW 74.04.510.

Summary: WAC 388-450-0245 Suspension of benefits, rather than case termination is allowed when income is above standards for only one month. WAC 388-450-0250 is repealed.

Reasons Supporting Proposal: Executive Order 97-02 requires revision of WACs to conform to new writing standards.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Joan Wirth, Division of Assistance Program, P.O. Box 45470, Olympia, WA 98504-5470, 413-3073.

Name of Proponent: Department of Social and Health Services, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: WAC 388-450-0245 outlines the conditions for a one-month suspension of benefits so that a case is not terminated. References to retrospective budgeting are eliminated since income will be prospectively budgeted for all income assistance cases (effective with January 2000 benefits).

Proposal Changes the Following Existing Rules: WAC 388-450-0245, references to retrospective income budgeting are eliminated; and WAC 388-450-0250, repealed to meet Executive Order 97-02 requirements.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule affects cash/medical assistance recipients only.

RCW 34.05.328 does not apply to this rule adoption. This does not meet the definition of a significant rule.

Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on October 26, 1999, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Paige Wall by October 12, 1999, phone (360) 664-6094, TTY (360) 664-6178, e-mail wallpg@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, Paige Wall, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by October 26, 1999.

Date of Intended Adoption: No sooner than October 27, 1999.

September 17, 1999

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

2633.3
AMENDATORY SECTION(Amending WSR 98-16-044, filed 7/31/98, effective 9/1/98)

WAC 388-450-0245
((Suspending)) When are my benefits((.)) suspended?

((This section applies to)) (1) In the TANF/SFA, RCA, GA and food assistance programs((.

(1) An assistance unit's benefits are suspended when the assistance unit's countable net income makes the assistance unit ineligible for one payment month.

(2) An assistance unit's benefits will be suspended rather than terminated when:

(a) There is reason to believe the assistance unit would be ineligible for benefits for only one payment month; and

(b) The cause was due to income or other circumstances in the corresponding budget month)), the word "suspend" means that the department stops your benefits for one month.

(2) We suspend your benefits for one month when your expected countable income as defined in WAC 388-450-0162:

(a) Exceeds the dollar limits for your household size; and

(b) Exceeds those limits for only that one month.

(3) We end your benefits when your expected countable income exceeds the limits for your household size for two or more consecutive months.

(4) If your expected income drops below the limits for your household size, you may be eligible if you reapply for benefits.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090.  98-16-044, § 388-450-0245, filed 7/31/98, effective 9/1/98.]

2637.1
REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 388-450-0250 Income of a new assistance unit member.

© Washington State Code Reviser's Office