Original Notice.

Preproposal statement of inquiry was filed as WSR 00-10-031.

Title of Rule: WAC 388-450-0050 How are your cash assistance and food assistance benefits determined when you are participating in the community jobs (CJ) program?

Purpose: To amend rules relating to community jobs income to reflect changes in program policy.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.057, 74.04.510.

Statute Being Implemented: Chapter 74.04 RCW.

Summary: We are amending the community jobs income rules to reflect changes in program policy.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Carla Gira, Program Manager, Lacey Government Center, 1009 College Street S.E., Lacey, WA 98503, (360) 413-3264.

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: This rule will reduce the state supplement for SSI recipients who are "individuals living alone," for the months of November and December 2000. This must be done to stay with legislatively set funding limits.

Proposal Changes the Following Existing Rules: The months a case is in suspense due to CJ income will not count toward a person's lifetime 60-month limit. We will terminate a case if income from another source (not counting CJ income) puts the AU over the income eligibility limit.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not impact small business.

RCW 34.05.328 applies to this rule adoption. The rule meets the definition of a "significant legislative rule" but DSHS is exempt from preparing a cost benefit analysis under RCW 34.05.328 (5)(b)(vii).

Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on November 6, 2001, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact DSHS Rules Coordinator by November 1, 2001, phone (360) 664-6094, TTY (360) 664-6178, e-mail swensfh@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by November 6, 2001.

Date of Intended Adoption: No sooner than November 7, 2001.

September 26, 2001

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

(2) Once ((the department)) we determine((s)) what your total monthly income is expected to be ((the department will not redetermine your cash benefit amount even if you do not work the number of hours you were expected to work)), we do not change your TANF grant if your actual hours are more or less than anticipated.

(3) ((The department considers)) We treat the total income ((it)) we expect((s)) you to get each month from your CJ position as:

(a) Earned income for ((determining your)) cash assistance ((benefits)).

(b) Unearned income for ((determining your)) food assistance ((benefits)).

(4) ((When determining your benefits the department will use:

(a) One-half of your CJ income for figuring cash assistance benefits for the second and following months of your CJ participation. The department will not use any of the CJ income you receive in your first month of CJ participation to determine your cash assistance benefit amount for that month.

(b) All of your CJ income for figuring food assistance benefits.

(5) Monthly reports are not required for CJ participants.

(6))) For cash assistance, we do not count any of the CJ income that you get in the first month that you work in the CJ position.

(5) If your anticipated CJ income is more than your grant amount((:

(a))), your cash grant ((will be)) is suspended((, see WAC 388-450-0245(1). The grant suspension can be up to a maximum of nine months; and

(b) Each month your cash grant is suspended will count toward your assistance unit's sixty month lifetime time limit, see WAC 388-484-0005.

(7) You, your case manager and the CJ contractor will review your CJ position every ninety days during your nine-month placement. During this review they will look at:

(a) Your continued TANF/SFA eligibility; and

(b) Any earned or unearned income received by you or another member of your assistance unit)). This means that you are considered to be a TANF/SFA recipient, but you do not get a grant.

(a) The grant suspension can be up to a maximum of nine months.

(b) As long as you would be eligible for a grant if we did not count your CJ income, you can keep participating in CJ even though your grant is suspended.

(c) The months your grant is suspended do not count toward your sixty month lifetime limit.

(6) If your income from other sources alone not counting CJ income makes you ineligible for a cash grant, we terminate your grant and end your participation in CJ.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 99-09-054, 388-450-0050, filed 4/19/99, effective 6/1/99; 98-16-044, 388-450-0050, filed 7/31/98, effective 9/1/98.]

Washington State Code Reviser's Office