reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-450 - Income › Section 388-450-0155 - How does being a sponsored immigrant affect my eligibility for cash and food assistance programs?

Current through Register Vol. 24-14, July 15, 2024
(1) The
				following definitions apply to this section:
(a)
"INS"
means the United
				States Immigration and Naturalization Service.
(b)
"Sponsor"
means a person who
				agreed to meet the needs of a sponsored immigrant by signing an INS Affidavit
				of Support form I-864 or I-864A. This includes a sponsor's spouse if the spouse
				signed the affidavit of support.
(c)
"Sponsored immigrant"
means
				a person who must have a sponsor under the Immigration and Nationality Act
				(INA) to be admitted into the United States for residence.
(d)
"Deeming"
means the
				department counts a part of the sponsor's income and resources as available to
				the sponsored immigrant.
(e)
"Exempt"
means you meet one of the conditions of WAC
				388-450-0156. If you are exempt:
(i) You do not need to provide us information
				about your sponsor's income and resources; and
(ii) We do not deem your sponsor's income or
				resources to you.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-450 - Income › Section 388-450-0156 - When am I exempt from deeming?

Current through Register Vol. 24-14, July 15, 2024
(1)
				If you meet any of the following conditions, you are
permanently
exempt from deeming and we do not count your sponsor's income or resources
				against your benefits:
(a) The Immigration
				and Nationality Act (INA) does not require you to have a sponsor. Immigrants
				who are not required to have a sponsor include those with the following status
				with United States Citizenship and Immigration Services (USCIS):
(i) Refugee;
(ii) Parolee;
(iii) Asylee;
(iv) Cuban/Haitian entrant; or
(v) Special immigrant from Iraq or
				Afghanistan.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-450 - Income › Section 388-450-0160 - How does the department decide how much of my sponsor's income to count against my benefits?

Current through Register Vol. 24-14, July 15, 2024
(1) We must
				count some of your sponsor's income as unearned income to your assistance unit
				(AU) if:
(a) Your sponsor signed the INS
				affidavit of support form I-864 or I-864A; and
(b) You are not exempt from the deeming
				process under WAC
				388-450-0156.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-450 - Income › Section 388-450-0162 - How does the department count my income to determine if my assistance unit is eligible and how does the department calculate the amount of my cash and basic food benefits?

Current through Register Vol. 24-14, July 15, 2024
(1) Countable
				income is all income your assistance unit (AU) has after we subtract the
				following:
(a) Excluded or disregarded income
				under WAC
				388-450-0015;
(b) For
cash assistance,
earned
				income incentives and deductions allowed for specific programs under WAC
				388-450-0170,
				388-450-0177, and
				388-450-0178;
(c) For
basic food,
deductions
				allowed under WAC
				388-450-0185; and
(d) Income we allocate to someone outside of
				the assistance unit under WAC
				388-450-0095 through
				388-450-0160.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-450 - Income › Section 388-450-0165 - Gross earned income limit for TANF/SFA

Current through Register Vol. 24-14, July 15, 2024
When applying the gross earned income limit as required under
				  WAC 388-478-0035:
(1) "Family" means:
(a) All adults and children who would
				otherwise be included in the assistance unit under WAC
				388-408-0015, but who do not meet
				TANF/SFA eligibility requirements;
(b) The unborn child of a pregnant person;
				and
(c) The spouse of a pregnant
				person, when residing together.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-450 - Income › Section 388-450-0170 - Does the department provide an earned income deduction as an incentive for persons who receive TANF/SFA to work?

Current through Register Vol. 24-14, July 15, 2024
This section applies to TANF/ SFA, RCA and PWA.
(1) If a client works, the department only
				counts some of the income to determine eligibility and benefit level.
(2) We only count fifty percent of your
				monthly gross earned income. We do this to encourage you to work.
(3) If you pay for care before we approve
				your benefits, we subtract the amount you pay for those dependent children or
				incapacitated adults who get cash assistance with you.
(a) The amount we subtract is:
(i) Prorated according to the date you are
				eligible for benefits;
(ii) Cannot
				be more than your gross monthly income; and
(iii) Cannot exceed the following for each
				dependent child or incapacitated adult:
Dependent Care Maximum Deductions
Hours Worked Per Month
Child Two Years of Age & Under
Child Over Two Years of Age or Incapacitated Adult
0 - 40
$ 50.00
$ 43.75
41 - 80
$ 100.00
$ 87.50
81 - 120
$ 150.00
$ 131.25
121 or More
$ 200.00
$ 175.00
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-450 - Income › Section 388-450-0170 - Does the department provide an earned income deduction for households that receive TANF/SFA, RCA, and PWA to work?

Current through Register Vol. 24-14, July 15, 2024
(1)
				If an individual is working, the department only counts some of the income to
				determine eligibility and benefit level.
(2) We start by deducting the first $500 of
				the total household's earned income.
(3) We then subtract 50% of the remaining
				monthly gross earned income.
(4) If
				you pay for care before we approve your benefits, we subtract the amount you
				paid for those dependent children or incapacitated adults who get cash
				assistance with you.
(a) The amount we
				subtract is:
(i) Prorated according to the
				date you are eligible for benefits;
(ii) Cannot be more than your gross monthly
				income; and
(iii) Cannot exceed the
				following for each dependent child or incapacitated adult:
Dependent Care Maximum Deductions
Hours Worked Per Month
Child Under Two Years of Age
Child Two Years of Age and Older or Incapacitated
								Adult
0 - 40
$ 50.00
$ 43.75
41 - 80
$ 100.00
$ 87.50
81 - 120
$ 150.00
$ 131.25
121 or More
$ 200.00
$ 175.00
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-450 - Income › Section 388-450-0177 - Does the department offer an income deduction for the ABD cash program as an incentive for clients to work?

Current through Register Vol. 24-14, July 15, 2024
The department gives a deduction to people who receive income
				  from work while receiving aged, blind, or disabled cash assistance. The
				  deduction applies to aged, blind, or disabled cash benefits only. We allow the
				  following income deduction when we determine the amount of your
				  benefits:
We only count fifty percent of your monthly gross earned
				  income. We do this to encourage you to work.
Statutory Authority:
					 RCW
					 74.04.005,
					 74.04.050,
					 74.04.055,
					 74.04.057,
					 74.04.510,
					 74.08.090,
					 74.08A.100,
					 74.04.770,
					 74.04.0052,
					 74.04.655,
					 74.08.043,
					 74.08.335, and 2011 1st sp.s. c
					 36. 12-10-042, § 388-450-0177, filed 4/27/12, effective
					 6/1/12.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-450 - Income › Section 388-450-0177 - Does the department provide an earned income deduction for the ABD cash program?

Current through Register Vol. 24-14, July 15, 2024
The department gives a deduction to people who receive income
				  from work while receiving aged, blind, or disabled cash assistance. The
				  deduction applies to aged, blind, or disabled cash benefits only. We allow the
				  following income deduction when we determine the amount of your
				  benefits:
We deduct the first $500 of gross monthly earnings and then
				  one-half of remaining earnings.
Statutory Authority:
					 RCW
					 74.04.005,
					 74.04.050,
					 74.04.055,
					 74.04.057,
					 74.04.510,
					 74.08.090,
					 74.08A.100,
					 74.04.770,
					 74.04.0052,
					 74.04.655,
					 74.08.043,
					 74.08.335, and 2011 1st sp.s. c
					 36. 12-10-042, § 388-450-0177, filed 4/27/12, effective
					 6/1/12.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-450 - Income › Section 388-450-0178 - Does the department offer an income deduction for housing and essential needs (HEN) referral applicants and recipients as an incentive to work?

Current through Register Vol. 24-14, July 15, 2024
We give a deduction to Housing and Essential Needs (HEN)
				  referral recipients who receive income from work. The deduction applies to
				  eligibility for referral to the HEN program only. We allow the following income
				  deduction when we determine your eligibility for referral to the HEN
				  program:
We only count fifty percent of your monthly gross earned
				  income. We do this to encourage work.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-450 - Income › Section 388-450-0178 - Does the department provide an earned income deduction for housing and essential needs (HEN) referral applicants and recipients ?

Current through Register Vol. 24-14, July 15, 2024
We give a deduction to housing and essential needs (HEN)
				  referral applicants and recipients who receive income from work. The deduction
				  applies to eligibility for referral to the HEN program only. We allow the
				  following income deduction when we determine your eligibility for referral to
				  the HEN program:
We deduct the first $500 of gross monthly earnings and then
				  one-half of remaining earnings.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-450 - Income › Section 388-450-0185 - What income deductions does the department allow when determining if I am eligible for food benefits and the amount of my monthly benefits?

Current through Register Vol. 24-14, July 15, 2024
(1) We determine if your assistance unit (AU)
				is eligible for basic food and calculate your monthly benefits according to
				requirements of the Food and Nutrition Act of 2008 and federal regulations
				related to the supplemental nutrition assistance program (SNAP).
(2) Under these federal laws, we subtract the
				following amounts from your AU's total monthly income to determine your
				countable monthly income under WAC
				388-450-0162:
(a) A standard deduction based on the number
				of eligible people in your AU under WAC
				388-408-0035:
Eligible AU members
Standard deduction
3 or fewer
$198
4
$208
5
$244
6 or more
$279
(b)
				20% of your AU's gross earned income (earned income deduction);
(c) Your AU's expected monthly dependent care
				expense needed for an AU member to:
(i) Keep
				work, look for work, or accept work;
(ii) Attend training or education to prepare
				for employment; or
(iii) Meet
				employment and training requirements under chapter 388-444
				WAC;
(d) Medical expenses
				over $35 a month owed or anticipated by an elderly or disabled person in your
				AU as allowed under WAC
				388-450-0200; and
(e) A portion of your shelter costs as
				described in WAC
				388-450-0190.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-450 - Income › Section 388-450-0190 - How does the department figure my shelter cost income deduction for basic food?

Current through Register Vol. 24-14, July 15, 2024
The department calculates your shelter cost income deduction
				  for basic food as follows:
(1) First,
				we add up the amounts your assistance unit (AU) must pay each month for
				shelter. We do not count any overdue amounts, late fees, penalties, or mortgage
				payments you make ahead of time as allowable shelter costs. We count the
				following expenses as an allowable shelter cost in the month the expense is
				due:
(a) Monthly rent, lease, and mortgage
				payments;
(b) Property
				taxes;
(c) Homeowner's association
				or condo fees;
(d) Homeowner's
				insurance for the building only;
(e) Utility allowance your AU is eligible for
				under WAC
				388-450-0195;
(f) Out-of-pocket repairs for the home if it
				was substantially damaged or destroyed due to a natural disaster such as a fire
				or flood;
(g) Expense of a
				temporarily unoccupied home because of employment, training away from the home,
				illness, or abandonment caused by a natural disaster or casualty loss if your:
(i) AU intends to return to the
				home;
(ii) AU has current occupants
				who are not claiming the shelter costs for basic food purposes; and
(iii) AU's home is not being leased or rented
				during your AU's absence.
(h) A homeless AU with shelter costs is
				eligible for a homeless shelter expense deduction of $179. If the homeless AU
				has shelter costs in excess of this amount, the AU has the option to claim
				either:
(i) The homeless shelter deduction;
				or
(ii) Actual shelter
				costs.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-450 - Income › Section 388-450-0195 - Does the department use my utility costs when calculating my basic food or WASHCAP benefits?

Current through Register Vol. 24-14, July 15, 2024
(1) The department
				uses utility allowances instead of the actual utility costs your assistance
				unit (AU) pays when we determine your:
(a)
				Monthly benefits under WAC
				388-492-0070 if you receive
				Washington state combined application project (WASHCAP); or
(b) Shelter cost income deduction under WAC
				388-450-0190 for basic
				food.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-450 - Income › Section 388-450-0200 - Will the medical expenses of elderly persons or individuals with disabilities in my assistance unit be used as an income deduction for basic food?

Current through Register Vol. 24-14, July 15, 2024
(1) If your basic food assistance unit (AU)
				includes an elderly person or individual with a disability as defined in WAC
				388-400-0040, your AU may be eligible for an income deduction for that person's
				out-of-pocket medical expenses. We allow the deduction for medical expenses
				over $35.00 each month.
(2) You can
				use an out-of-pocket medical expense toward this deduction if the expense
				covers services, supplies, medication, or other medically needed items
				prescribed by a state-licensed practitioner or other state-certified,
				qualified, health professional. Examples of expenses you can use for this
				deduction include those for:
(a) Medical,
				psychiatric, naturopathic physician, dental, or chiropractic care;
(b) Prescribed alternative therapy such as
				massage or acupuncture;
(c)
				Prescription drugs except medical marijuana;
(d) Over the counter drugs;
(e) Eye glasses;
(f) Medical supplies other than special
				diets;
(g) Medical equipment or
				medically needed changes to your home;
(h) Shipping and handling charges for an
				allowable medical item.
This includes shipping and handling charges for items
				  purchased through mail order or the internet;
(i) Long distance calls to a medical
				provider;
(j) Hospital and
				outpatient treatment including:
(i) Nursing
				care; or
(ii) Nursing home care
				including payments made for a person who was an AU member at the time of
				placement.
(k) Health
				insurance premiums paid by the person including:
(i) Medicare premiums; and
(ii) Insurance deductibles and
				copayments.
(l)
				Out-of-pocket expenses used to meet a spenddown as defined in WAC 182-519-0100.
				We do not allow your entire spenddown obligation as a deduction. We allow the
				expense as a deduction as it is estimated to occur or as the expense becomes
				due;
(m) Dentures, hearing aids,
				and prosthetics;
(n) Cost to obtain
				and care for a seeing eye, hearing, or other specially trained service animal.
				This includes the cost of food and veterinarian bills. We do not allow the
				expense of food or veterinary bills for a service animal as a deduction if you
				receive ongoing additional requirements under WAC 388-473-0040 to pay for this
				need;
(o) Reasonable costs of
				transportation and lodging to obtain medical treatment or services;
				and
(p) Attendant care necessary
				due to age, infirmity, or illness. If your AU provides most of the attendant's
				meals, we allow an additional deduction equal to a one-person
				allotment.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-450 - Income › Section 388-450-0215 - How does the department estimate my assistance unit's income to determine my eligibility and benefits?

Current through Register Vol. 24-14, July 15, 2024
(1) We
				decide if your assistance unit (AU) is eligible for benefits and calculate your
				monthly benefits based on an estimate of your AU's gross monthly income and
				expenses. This is known as prospective budgeting.
(2) We use your current, past, and future
				circumstances for a representative estimate of your monthly income.
(3) We may need proof of your circumstances
				to ensure our estimate is reasonable. This may include documents, statements
				from other people, or other proof as explained in WAC
				388-490-0005.
(4) We use one of two methods to estimate
				income:
(a)
Anticipating monthly income
				(AM):
With this method, we base the estimate on the actual income we
				expect your AU to receive in the month , as described in subsection (5) of this
				section; or
(b)
Averaging
				income (CA):
With this method, we add the total income we expect your AU
				to receive for a period of time and divide by the number of months in the
				period , as described in subsection (6) of this section.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-450 - Income › Section 388-450-0225 - How are my assistance unit's benefits calculated for the first month I am eligible for cash assistance?

Current through Register Vol. 24-14, July 15, 2024
(1) To
				calculate your AU's cash benefit for your first month's benefits, we compare
				your AU's countable income to the payment standard as described in WAC
				388-450-0162.
(2) If your countable income is less than the
				payment standard, we prorate your grant amount based on the date you are
				eligible.
(3) We do not prorate any
				approved additional requirements.
(4) We prorate your grant by:
(a) Dividing your AU's grant amount by the
				number of days in the first month of eligibility; and
(b) Multiplying the result in (4)(a) of this
				section by the number of days from the date of eligibility to the last day of
				the month.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-450 - Income › Section 388-450-0230 - What income does the department count in the month I apply for Basic Food when my assistance unit is destitute?

Current through Register Vol. 24-14, July 15, 2024
(1) If your assistance unit (AU) meets the
				requirements of a destitute migrant or seasonal farmworker under WAC
				388-406-0021, we may exclude some
				of your income in the month you apply for Basic Food.
(2) In the month of application, we:
(a) Count only income your AU received
				between the first of the month and the date you apply for Basic Food;
				and
(b) Disregard any income from a
				new source that you expect to receive after the date you apply for Basic
				Food.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-450 - Income › Section 388-450-0245 - When are my benefits suspended?

Current through Register Vol. 24-14, July 15, 2024
(1)
				For TANF/SFA, RCA, ABD assistance and Basic Food, "suspend" means the
				department stops your benefits for one month.
(2) We suspend your AU's benefits for one
				month when your expected total countable income under WAC
				388-450-0162:
(a) Is more than the dollar limit for your
				AU; and
(b) If over these limits
				for only that one month.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-450A - Income - Garnishment › Section 388-450A-0010 - Can my subsidized income be garnished?

Current through Register Vol. 24-14, July 15, 2024
(1) Your subsidized income cannot be
				garnished. Subsidized income is income that is partly or entirely paid from
				temporary assistance for needy families (TANF) funds. Examples of subsidized
				income are community jobs and WorkFirst work study.
(2) For how your subsidized income affects
				your benefits, see WAC
				388-450-0035 or
				388-450-0050.
Statutory Authority:
					 RCW
					 74.04.050,
					 74.04.055,
					 74.04.057,
					 74.08.090, and
					 74.04.280. 05-13-029, §
					 388-450A-0010, filed 6/3/05, effective
					 7/4/05.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-452 - Interview requirements › Section 388-452-0005 - Do I have to be interviewed in order to get cash and basic food benefits?

Current through Register Vol. 24-14, July 15, 2024
(1) You or your
				authorized representative must have an interview with the department:
(a) At initial certification, unless you meet
				requirements in subsection (9) of this section; and
(b) At least once every 12 months, unless you
				meet the requirements in subsections (8)(b) or (9) of this section.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-452 - Interview requirements › Section 388-452-0010 - What does the family violence option mean for TANF/SFA recipients?

Current through Register Vol. 24-14, July 15, 2024
The Personal Responsibility and Work Opportunity
				  Reconciliation Act of 1996 (PRWORA), gave every state the option to have
				  procedures in place to address issues of family violence for recipients
				  receiving temporary assistance for needy families (TANF) or state family
				  assistance (SFA).
(1) For TANF/SFA, it
				is family violence when a recipient, or family member or household member has
				been subjected by another family member or household member as defined in
				RCW
				26.50.010(2) to one of the
				following:
(a) Physical acts that resulted in,
				or threatened to result in, physical injury;
(b) Sexual abuse;
(c) Sexual activity involving a dependent
				child;
(d) Being forced as the
				caretaker relative or a dependent child to engage in nonconsensual sexual acts
				or activities;
(e) Threats of or
				attempts at, physical sexual abuse;
(f) Mental abuse;
(g) Neglect or deprivation of medical care;
				or
(h) Stalking.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-454 - Living with a relative › Section 388-454-0005 - Can I get TANF or SFA benefits for the child living with me?

Current through Register Vol. 24-14, July 15, 2024
(1) You can get
				temporary assistance for needy families (TANF) or state family assistance (SFA)
				for a child you live with if you are responsible for the care and control of
				the child and you are the child's:
(a) Parent
				or other relative as defined in WAC
				388-454-0010;
(b) Court-ordered guardian or court-ordered
				custodian; or
(c) Other adult
				acting
in loco parentis
(in the place of a parent).
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-454 - Living with a relative › Section 388-454-0006 - How can I receive TANF/SFA as an In Loco Parentis caregiver?

Current through Register Vol. 24-14, July 15, 2024
(1)
In Loco
				Parentis
caregiver means:
(a) You are
				acting as a parent for a child living with you;
(b) The child is not related to you;
				and
(c) You do not have a court
				order that gives you legal custody or guardianship of the child.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-454 - Living with a relative › Section 388-454-0010 - Do I have to be related to a child in order to get TANF or SFA for the child?

Current through Register Vol. 24-14, July 15, 2024
To get TANF or SFA, a child must live with a parent, other
				  relative, court-ordered guardian, court-ordered custodian, or other adult
				  acting
in loco parentis
.
(1) We consider the following people as
				parents for TANF and SFA:
(a) The child's
				natural or adoptive parent; or
(b)
				A stepparent who is legally obligated to support the child.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-454 - Living with a relative › Section 388-454-0015 - Temporary absence from the home

Current through Register Vol. 24-14, July 15, 2024
The temporary absence policy described in this WAC applies to
				  the temporary assistance for needy families (TANF) and state family assistance
				  (SFA) programs. In some situations, a child receiving TANF/SFA can continue to
				  be eligible for TANF/SFA cash assistance when there is a temporary separation
				  of the child and the child's caregiver. There must be a clear expectation the
				  absence is temporary and the child is expected to be reunited with the family.
				  Temporary absences can't exceed one hundred eighty days except as described in
				  (1)(a).
(1) For recipients, temporary
				absences include, but are not limited to:
(a)
				A caregiver receiving care in a hospital, substance abuse treatment facility,
				or other medical institution. If the temporary care exceeds one hundred eighty
				days, the assistance payment for the person is reduced to the CPI amount
				specified under chapter 388-478 WAC.
(b) Out-of-home visits less than one hundred
				eighty days, when the caregiver is still responsible for the support and care
				of the child.
(c) A caregiver or
				child attending school or training as described in WAC
				388-454-0020.
(d) Placement of a child in foster care or in
				the care of a relative or other adult, including when the child's primary
				caregiver is in a residential treatment facility. The division of children and
				family services (DCFS) must place the child and determine the child is expected
				to return to the primary caregiver within one hundred eighty days of the
				placement.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-454 - Living with a relative › Section 388-454-0020 - Temporary absence to attend school or training

Current through Register Vol. 24-14, July 15, 2024
A child or caretaker is temporarily absent from the home to
				  attend school or training when:
(1)
				The child's caretaker is attending a department approved vocational training
				program; or
(2) The child attends
				school or training away from home, as long as:
(a) The child returns to the family home
				during a year's period, at least for summer vacation; and
(b) The absence is necessary because:
(i) Isolation of the child's home makes it
				necessary for the child to be away to attend school;
(ii) The child is enrolled in an Indian
				boarding school administered through the Bureau of Indian Affairs; or
(iii) Specialized education or training is
				not available in the child's home community and is recommended by local school
				authorities.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-454 - Living with a relative › Section 388-454-0025 - The department notifies a child's parent when we approve assistance and the child is living with someone other than their parent

Current through Register Vol. 24-14, July 15, 2024
(1) The department makes a reasonable effort
				to contact the parent with whom the child last lived when we find out that a
				child applying for assistance lives with someone other than the child's parent.
				We tell the parent:
(a) Within seven days of
				the date we approve assistance for the child;
(b) How to ask for family reconciliation
				services from the department; and
(c) How to request the child's address and
				location as allowed under WAC
				388-428-0010.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-455 - Lump sum income › Section 388-455-0005 - How do lump sum payments affect benefits?

Current through Register Vol. 24-14, July 15, 2024
(1) A lump sum payment is money that someone
				receives but does not expect to receive on a continuing basis.
(2) For cash assistance , we count a lump sum
				payment:
(a) As a resource, under WAC
				388-455-0010, if it was awarded
				for wrongful death, personal injury, damage, or loss of property.
(b) As income, under WAC
				388-455-0015, if it was received
				for any other reason, with the exception of subsection (3) and (4) of this
				section.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-455 - Lump sum income › Section 388-455-0010 - When and how does the department treat lump sum payments as a resource for cash assistance programs?

Current through Register Vol. 24-14, July 15, 2024
(1)
				If you receive a lump sum payment, we count it as a resource if it was awarded
				for:
(a) Wrongful death;
(b) Personal injury;
(c) Damage; or
(d) Loss of property.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-455 - Lump sum income › Section 388-455-0015 - When and how does the department treat lump sum payments as income for cash assistance programs?

Current through Register Vol. 24-14, July 15, 2024
This section applies to cash assistance programs.
(1) If you receive a lump sum payment that is
				not awarded for wrongful death, personal injury, damage, or loss of property,
				we count this payment as income to your assistance unit. We budget this income
				according to effective date rules under WAC
				388-418-0020.
(2) For cash assistance, if you cannot access
				some or all of your lump sum payment for reasons beyond your control, we will
				adjust the amount we count as income to your assistance unit as described under
				WAC 388-450-0005.
(3) To decide the amount of your lump sum we
				count as income, we take the following steps:
(a) First, we subtract the value of your
				current resources from the resource limit under WAC
				388-470-0005;
(b) Then, we subtract the difference in
				(3)(a) from the total amount of the lump sum; and
(c) The amount left over is what we count as
				income, as specified in WAC
				388-450-0025 and
				388-450-0030.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-458 - Notices to clients › Section 388-458-0002 - The department of social and health services (DSHS) sends you letters to tell you about your case

Current through Register Vol. 24-14, July 15, 2024
(1) When
				you apply for or get benefits, we send you letters to tell you about your
				case.
(2) If you speak another
				language and cannot read English, we send letters to you in your primary
				language.
(3) There are seven basic
				types of letters that we send to you:
(a)
				Withdrawals;
(b) Denials;
(c) Approvals;
(d) Requests;
(e) Changes;
(f) Terminations; and
(g) Other.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-458 - Notices to clients › Section 388-458-0006 - DSHS sends you a letter when you withdraw your application

Current through Register Vol. 24-14, July 15, 2024
(1) We send you a
				withdrawal letter when you tell us that you no longer want to apply for
				benefits.
(2) On this letter, we
				tell you:
(a) The date we stopped processing
				your application; and
(b) Your
				right to have your case reviewed or ask for a fair hearing.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-458 - Notices to clients › Section 388-458-0011 - DSHS sends you a denial letter when you can't get benefits

Current through Register Vol. 24-14, July 15, 2024
(1) When we finish
				processing your application, we send you a denial letter if you cannot get
				benefits.
(2) On this letter, we
				tell you:
(a) Why you cannot get
				benefits;
(b) The rules that
				support our decision;
(c) The date
				we finished processing your application; and
(d) Your right to have your case reviewed or
				ask for an administrative hearing.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-458 - Notices to clients › Section 388-458-0016 - DSHS sends you an approval letter when you can get benefits

Current through Register Vol. 24-14, July 15, 2024
(1) When we finish
				processing your application, we send you an approval letter if you can get
				benefits.
(2) On this letter, we
				tell you:
(a) What kind of benefits you
				get;
(b) If you applied for cash or
				food assistance, the amount of benefits you get;
(c) How long you will get the benefits;
				and
(d) Your right to have your
				case reviewed or ask for a fair hearing.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-458 - Notices to clients › Section 388-458-0020 - You get a request letter when we need more information

Current through Register Vol. 24-14, July 15, 2024
(1) We send a request letter to you when we
				need some information from you or you have to do something in order to get
				benefits.
(2) On the letter, we
				tell you:
(a) What is needed;
(b) The date it is due; and
(c) What will happen to your benefits if you
				don't do what we ask.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-458 - Notices to clients › Section 388-458-0025 - We send you a change letter if the amount of benefits you are getting is changing

Current through Register Vol. 24-14, July 15, 2024
(1) We send you a
				change letter if the amount of benefits you are getting is changing.
(2) On the letter, we tell you:
(a) What your benefits are changing
				to;
(b) When the change is going to
				happen;
(c) The reason for the
				change;
(d) The rules that support
				our decision; and
(e) Your right to
				have your case reviewed or ask for a fair hearing.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-458 - Notices to clients › Section 388-458-0030 - We send you a termination letter when your benefits stop

Current through Register Vol. 24-14, July 15, 2024
(1) We send you a
				termination letter when your benefits stop.
(2) On the letter, we tell you:
(a) When your benefits are going to
				end;
(b) The reason they are
				ending;
(c) The rules that support
				our decision; and
(d) Your right to
				have your case reviewed or ask for a fair hearing.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-458 - Notices to clients › Section 388-458-0035 - Why do you give me ten days notice before you reduce or stop my benefits?

Current through Register Vol. 24-14, July 15, 2024
(1) We give you
				ten days notice before reducing or stopping your benefits so that you have some
				time to either:
(a) Get the needed
				information to us; or
(b) Prepare
				yourself and your family for the change.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-458 - Notices to clients › Section 388-458-0040 - What happens if I ask for an administrative hearing before the change happens?

Current through Register Vol. 24-14, July 15, 2024
(1) If you ask
				for an administrative hearing within the 10-day notice period, you may keep
				getting the amount of benefits you were getting before the change. This is
				called continued benefits.
(2) If
				the 10th day falls on a weekend or holiday, you have until the next business
				day to ask for an administrative hearing and still be able to get continued
				benefits.
(3) If the 10th day
				happens before the end of the month, you have until the end of the month to ask
				for an administrative hearing and still be able to get continued
				benefits.
(4) For food assistance,
				you cannot get continued benefits if your certification period is
				ending.
(5) For diaper related
				payments, you can get continued benefits if you meet the conditions of WAC
				388-494-0010(3).
(6) If you get continued benefits, you keep
				getting them through the end of the month the administrative hearing decision
				is mailed unless:
(a) You:
(i) Tell us in writing that you do not want
				continued benefits;
(ii) Withdraw
				your administrative hearing request in writing; or
(iii) Do not follow through with the
				administrative hearing process.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-458 - Notices to clients › Section 388-458-0045 - Will I get other kinds of letters?

Current through Register Vol. 24-14, July 15, 2024
Yes. We also send you letters in special circumstances. These
				  letters are specific to your situation. Here are some examples:
(1) Appointment letters;
(2) Overpayment letters; and
(3) Fair Hearing letters.
Statutory Authority:
					 RCW
					 74.08.090 and
					 74.04.510. 01-16-087, §
					 388-458-0045, filed 7/25/01, effective
					 9/1/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-460 - Payees on benefit issuances › Section 388-460-0001 - Who may be issued cash, child care, medical and Basic Food benefits?

Current through Register Vol. 24-14, July 15, 2024
(1) Cash and child
				care assistance may be issued in the name of the following persons:
(a) A client who is the recipient of the
				benefits;
(b) An ineligible parent
				or other relative getting benefits on behalf of an eligible child;
(c) A person, facility, organization,
				institution or agency acting as a protective payee or representative payee for
				a client;
(d) A guardian or agent
				acting on behalf of a client; or
(e) A vendor of goods or services supplied to
				an eligible client.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-460 - Payees on benefit issuances › Section 388-460-0005 - Can I choose someone to apply for basic food for my assistance unit?

Current through Register Vol. 24-14, July 15, 2024
Your basic food assistance unit (AU) can choose an adult who
				  is not a member of the AU to act on their behalf. This is called an authorized
				  representative.
(1) A responsible
				member of the AU can name, in writing, an authorized representative. A
				responsible member of the AU is either:
(a)
				The applicant;
(b) The applicant's
				spouse;
(c) Another member of the
				AU the applicant states is able to conduct business on behalf of all members in
				the AU.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-460 - Payees on benefit issuances › Section 388-460-0010 - Do I have an authorized representative for basic food if I live in a treatment center or group home?

Current through Register Vol. 24-14, July 15, 2024
(1) If you live
				in a qualified developmental disabilities administration (DDA) group home under
				WAC
				388-408-0040,
				you may choose to apply for basic food benefits:
(a) On your own behalf;
(b) Through an authorized representative of
				your choice; or
(c) Through the DDA
				group home acting as your authorized representative.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-460 - Payees on benefit issuances › Section 388-460-0015 - Who will the department not allow as an authorized representative for Basic Food?

Current through Register Vol. 24-14, July 15, 2024
(1) If you are
				acting as an authorized representative for Basic Food, we disqualify you from
				being an authorized representative for one year is we determine that you:
(a) Knowingly provided false information to
				the department;
(b) Misrepresented
				the circumstances of the Basic Food assistance unit (AU); or
(c) Misused the Basic Food
				benefits.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-460 - Payees on benefit issuances › Section 388-460-0020 - Who is a protective payee?

Current through Register Vol. 24-14, July 15, 2024
(1) A
				protective payee is a person or an employee of an agency who manages client
				cash benefits to provide for basic needs - Housing, utilities, clothing, child
				care, and food. They may also provide services such as training clients how to
				manage money.
(2) Clients are
				assigned to protective payees for the following reasons:
(a) Emergency or temporary situations where a
				child is left without a caretaker (TANF/SFA) per WAC
				388-460-0030;
(b) Mismanagement of money (TANF/SFA, PWA,
				ABD cash, or WCCC) per WAC
				388-460-0035; or
(c) Pregnant or parenting minors per WAC
				388-460-0040.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-460 - Payees on benefit issuances › Section 388-460-0025 - Who can be a protective payee?

Current through Register Vol. 24-14, July 15, 2024
(1)
				Clients may ask for a particular protective payee, but the department makes the
				final choice.
(2) Protective payees
				must contract with the department, except for employees of the department who
				are assigned this function as part of their job duties.
(3) The contracted protective payee and their
				staff must pass a criminal background check according to the criteria in WAC
				388-06-0170, 388-06-0180 and 388-06-0190.
(4) A departmental employee acting as a
				protective payee must pass a criminal background check and cannot:
(a) Have the client in their
				caseload,
(b) Have the client in
				the caseloads of other employees under their supervision,
(c) Be responsible for determining or issuing
				benefits for the client,
(d) Be the
				office administrator, or
(e) Be a
				special investigator.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-460 - Payees on benefit issuances › Section 388-460-0030 - When is an emergency or temporary protective payee (TANF/SFA) used?

Current through Register Vol. 24-14, July 15, 2024
An emergency or temporary protective payee is assigned when a
				  caretaker relative or adult acting in loco parentis per WAC
				  388-454-0005 is not available to
				  take care of and supervise a child due to an emergency.
Statutory Authority:
					 RCW
					 74.08A.010(4), 74.08A.340,
					 74.08.090,
					 74.04.050. 02-14-083, §
					 388-460-0030, filed 6/28/02, effective
					 7/1/02.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-460 - Payees on benefit issuances › Section 388-460-0035 - When is a protective payee assigned for mismanagement of funds?

Current through Register Vol. 24-14, July 15, 2024
(1) The decision to
				assign a person to a protective payee because of mismanagement of funds must be
				based on law or with proof the client is unable to manage their cash benefits.
				The proof must be current and show how this threatens the well being of a child
				or client on public assistance. Examples of proof are:
(a) Department employees or others observe
				that the client or client's children are hungry, ill, or not adequately
				clothed;
(b) Repeated requests from
				the client for extra money for basic essentials such as food, utilities,
				clothing, and housing;
(c) A series
				of evictions or utility shut off notices within the last twelve
				months;
(d) Medical or
				psychological evaluations showing an inability to handle money;
(e) Persons having had a chemical dependency
				assessment and who are participating in chemical dependency
				treatment;
(f) A complaint from
				businesses showing a pattern of failure to pay bills or rent;
(g) Notice from the office of fraud and
				accountability that a client illegally used a public assistance electronic
				benefits transfer (EBT) card or cash obtained with an EBT card two or more
				times. Illegal use includes infractions, felonies, or violations referenced in
				WAC 388-412-0046 or WAC
				388-446-0020.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-460 - Payees on benefit issuances › Section 388-460-0040 - When does the department assign a protective payee assigned to TANF/SFA or PWA pregnant or parenting minors?

Current through Register Vol. 24-14, July 15, 2024
Pregnant or parenting minors who are not emancipated under
				  court order must be assigned to protective payees if the clients are:
(1) Head of a household;
(2) Under age eighteen;
(3) Unmarried; and
(4) Pregnant or have a dependent
				child.
Statutory Authority:
					 RCW
					 74.04.005,
					 74.04.050,
					 74.04.055,
					 74.04.057,
					 74.04.510,
					 74.08.090,
					 74.08A.100,
					 74.04.770,
					 74.04.0052,
					 74.04.655,
					 74.08.043,
					 74.08.335, and 2011 1st sp.s. c
					 36. 12-10-042, § 388-460-0040, filed 4/27/12, effective 6/1/12. Statutory
					 Authority:
					 RCW
					 74.08A.010(4), 74.08A.340,
					 74.08.090,
					 74.04.050. 02-14-083, §
					 388-460-0040, filed 6/28/02, effective
					 7/1/02.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-460 - Payees on benefit issuances › Section 388-460-0050 - When is a client transferred from a protective payee to guardianship?

Current through Register Vol. 24-14, July 15, 2024
(1) In emergency
				cases where a person is physically or mentally unable to manage their own
				funds, the client is referred to other divisions of the department for full
				care, including guardianship.
(2)
				In cases where a child is eligible for TANF/SFA and the caretaker relative does
				not use the benefits for adequate care of the child, the case can be referred
				to the attorney general to establish a limited guardianship.
(3) Guardianships are used only if it appears
				there is a need for services that are expected to last longer than two
				years.
(4) These guardianships are
				limited to management of DSHS benefits.
(5) The protective payee plan is changed if a
				guardian is appointed. The guardian is designated as the payee.
Statutory Authority:
					 RCW
					 74.08A.010(4), 74.08A.340,
					 74.08.090,
					 74.04.050. 02-14-083, §
					 388-460-0050, filed 6/28/02, effective
					 7/1/02.