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approvable consumers and activities

D.  Allowable Activities for WCCC Consumers

Revised: April 15, 2008

This category contains the following information:

Consumers who are TANF recipients
Consumers who are not TANF recipients
Self-Employed Consumers
Consumers in un-approved activities

Effective May 28, 2004

WAC 170-290-0040 If I receive a temporary assistance for needy families (TANF) grant, what activities must I be involved in to be eligible for WCCC benefits? 

If you receive a temporary assistance for needy families (TANF) grant, you may be eligible for WCCC benefits, for activities in your individual responsibility plan (IRP), for up to sixteen hours maximum per day for your hours of participation in the following:

  1. An approved WorkFirst activity under WAC 388-310-0200;

  2. Employment or self employment. We consider "employment" or "work" to mean:

    1. Engaging in any legal, income generating activity that is taxable under the United States Tax Code or that would be taxable with or without a treaty between an Indian Nation and the United States; or

    2. Working in a federal or state paid work study program. You may receive WCCC for paid work study and transportation hours (not for the time you are in an unapproved activity).

  3. Transportation time between the location of child care and your place of employment or approved activity;

  4. Up to ten hours per week of study time before or after regularly scheduled classes or up to three hours of study time per day when needed to cover time between approved classes; and

  5. Up to eight hours per day of sleep time when it is needed, such as if you work nights and sleep days.

Note: This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

Effective July 7, 2006

WAC 170-290-0045  If I don't get a temporary assistance for needy families (TANF) grant, what activities must I be involved in to be eligible for WCCC benefits?

  1. If you do not receive TANF, you may be eligible for WCCC benefits for up to sixteen hours maximum per day, including travel, study, and sleep time, for the hours of your participation in the following:

    1. Employment or self-employment under WAC 170-290-0050. We consider "employment" or "work" to mean:

      1. Legal, income generating activity taxable under the United States Tax Code or that would be taxable with or without a treaty between an Indian Nation and the United States.

      2. Federal or state paid work study.

    2. VISTA volunteers, AmeriCorps, JobCorps, and Washington Service Corps (WSC) if the income is taxed.

    3. High school (HS) or general equivalency diploma (GED) program until you reach your twenty-second birthday (You can be enrolled in a HS or GED program without a minimum number of employment hours).

    4. Approved WorkFirst activities according to WAC 388-310-0200 if you are a TANF applicant.

    5. Food stamp employment and training program under chapter 388-444 WAC.

  2. If you are participating in an activity listed in subsections (3) through (8) of this section, you may be eligible for WCCC benefits as described in subsection (1) of this section if you are actually working either:

    1. Twenty or more hours per week; or

    2. Sixteen or more hours per week in a paid federal or state work study program.

  3. Adult basic education (ABE).

  4. English as a second language (ESL).

  5. High school or GED completion if you are twenty-two years of age or older.

  6. Vocational education (Voc Ed). The voc ed program:

    1. Must lead to a degree or certificate in a specific occupation.

    2. Cannot include prerequisite classes or programs.

    3. Is offered by the following accredited entities only:

      1. Public and private technical college or school.

      2. Community college.

      3. Tribal college.

  7. Job skills training for no more than fourteen consecutive days. Job skills training is not tied to a specific occupation but is training in specific skills directly related to employment, such as CPR/First Aid, keyboarding, computer programs, project management, and oral and written communication skills. Training offered or required by a current employer, at or off your job site, may extend past the fourteen consecutive day limit.

  8. Post-employment services under WAC 388-310-1800.

  9. Child care for participation in voc ed is limited to thirty-six months regardless of the length of the educational program. The thirty-six months includes the months in which the following occurred at the same time:

    1. WCCC benefits were paid to support your participation in a voc ed program.

    2. You or someone in your household received TANF benefits.

  10. WCCC may be approved for activities listed in WAC 170-290-0040 (3) through (5), when needed.

Note: This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

Clarifying Information

  1. AmeriCorps:The Corporation for National & Community Service (CNCS) is the federal agency responsible for all domestic volunteer programs. Members of three AmeriCorps programs (listed below) are eligible for a child care benefit through those programs. In all cases any member eligible through AmeriCorps must satisfy the requirements the state uses for the child care benefit provided through the CCDF program (this includes WCCC). The National Association of Child Care Resource and Referral Agencies (NACCRRA) administers the AmeriCorps child care benefit program. Members can get child care benefits from only one program at one time.

    To verify that an AmeriCorps member has applied for a child care benefit through AmeriCorps, contact NACCRRA:

    • ShaRonne Byrd at 703-341-4122; or

    • Betty Underwood at 703-341-4115.

    NACCRRA asks you to use these same contact numbers to report any AmeriCorps member who you believe may be receiving duplicate child care benefits through both AmeriCorps and WCCC.

    NAME DESCRIPTION INCOME INFO CC BENEFITS
    AmeriCorps
    State & National members (Washington Service Corps)    		 Volunteer for organizations that receive a grant from CNCS. Receive a living allowance from the grantee. CNCS and NACCRRA follow state rules when calculating household income and determining whether to include the living allowance as part of the household income. They can not receive a child care benefit for the same child from any other public source.
    AmeriCorps
    VISTA    		 These members receive a living allowance directly from CNCS. By statute we can not count the living allowance as part of their household income for benefits such as child care.
    (Members of VISTA can, if asked, produce a letter verifying this.)    		 They can not receive a child care benefit for the same child from any other public source.
    AmeriCorps
    NCCC (National Civilian Community Corps)    		 Members reside on a campus administered by CNCS. No income A member rarely applies for a child care benefit. They will not request aid from the state. They can not receive a child care benefit for the same child from any other public source.

  2. College work study: WCCC considers paid college work study employment. WCCC consumers do not need to have a minimum number of work study hours if they are requesting child care for work study hours only.

  3. Comprehensive Evaluation (CE): The CE is a multipart evaluation to help engage WorkFirst parents in appropriate activities to assist them to be employed and self-sufficient. Some TANF applicants begin the CE process before the department approves them for TANF benefits.

NOTE:

WAC 170-290-0045 (above) does not yet contain reference to the WorkFirst WAC which deals with the CE (WAC 388-310-0700). DEL will make this correction in the upcoming WAC revision.

When otherwise WCCC eligible, authorize 22 full-day units to WorkFirst parents who need child care to start and complete any activity during the CE process. When you authorize care:

  1. Look at the children's school schedules; and a second parent's availability; and

  2. Authorize WCCC eligibility periods long enough to allow smooth transitions to full-time WorkFirst activity. Policy recommends at least a three-month eligibility period, ending on the last day of the third month.

  1. Education and training (E&T) programs: Parents can access E&T when the activity meets the appropriate criteria in WAC.

    WorkFirst parents' E&T programs are approved according to WAC 388-310-0200. The WorkFirst Program Specialist (WFPS) monitors the activity and ensures the consumers' E&T activity meets all criteria for approved participation before referring to WCCC.

    Non-TANF consumers' E&T activities must meet criteria in WAC 170-290-0045. We do not monitor for satisfactory progress in educational and training activities. If you have a question about attendance, ask the WCCC consumer (student) to provide attendance documentation from the program. If you do not receive the documentation take appropriate action such as processing an overpayment, adjusting the authorization, or sending a denial or termination letter.

    Some vocational education activities are not easily identified as approvable. You must compare those programs to criteria in WAC 170-290-0045 (6). For example, the consumer asks you to approve a beauty school program. You need to know whether the training or education activity:

    • Will lead to a degree or certificate in a specific occupation

    • Is offered by an accredited community or Tribal college, or accredited public or private technical college or school

    If you have questions on the two issues listed directly above, the consumer must give you verification before you approve child care for the activity.

    Vocational education prerequisite classes and programs are only approvable for non-TANF consumers when they can verify current acceptance into their final program. For example a consumer can verify "conditional acceptance" into a nursing program in the fall. This means the consumer must complete (to the college's satisfaction) two elective classes at a community college over the summer. If the consumer is meeting the work requirement, WCCC can cover the prerequisite classes.

  2. Employment: Employment activity is countable when it is legal and income generating, and the earned income is taxable. Consumers do not have to file taxes for WCCC to consider their activity employment. If the employer pays the client 'under the table' and does not report the employment to the appropriate government agencies, we still consider the employment legal as long as the type of work is not against the law. For instance, prostitution and drug dealing are illegal activities, so although income generating, they are not legal employment.

    1. A consumer does not need to earn minimum wage to be eligible for WCCC.

    2. Consumers who request child care for employment only do not have to work a minimum number of hours per week. For example: An applicant who works 12 hours per week may receive WCCC. This policy is also valid for consumers who request child care just for work study or paid internship hours.

    3. Consumers can combine work study and other employment to meet the 20 hour work week requirement when they ask for WCCC for education and training activities.

    4. The WFPS must approve a WorkFirst parent's self employment plan before you consider them WCCC eligible. Refer to self employment in 'Clarifying Information' under WAC 170-290-0050 in this section of the manual.

    5. The program considers someone working for a WCCC consumer as an in home/relative child care provider to be employed by the consumer they do child care for, not self-employed. The child care provider can apply for WCCC if needed.

  3. Food Stamp Employment and Training (FS E&T) participants: Employment Security staff refer eligible individuals to the FS E&T program. FS E&T activities consist of job search and educational activities that Employment Security staff determine appropriate. See chapter 388-444 WAC.

  4. High School/GED completion:  The Office of Superintendent of Public Instruction (OSPI) and the State Board for Community and Technical Colleges (SBCTC) administer high school and GED (HS/GED) programs. Higher education programs in Washington accept both HS/GED completion. You can authorize WCCC for consumers who are enrolled in HS/GED programs administered by OSPI or SBCTC.

    HS/GED program participants do not need to meet the minimum work hours requirement when they are:

    • WorkFirst parents who are 18 and 19 years old and temporarily deferred from work requirements; or

    • Non-TANF consumers under 22 years of age. This includes consumers with child only grants.

    We do not monitor for satisfactory progress in educational activities. If you have a question about attendance, ask the WCCC consumer (student) to provide attendance documentation from the program. If you do not receive the documentation, take appropriate action such as processing an overpayment, adjusting the authorization, or sending a denial or termination letter.

  5. Internship and Practicum:

    1. WorkFirst consumers: See WAC 388-310-1000 (2)(c) - WorkFirst Vocational education for eligibility criteria.

    2. Non-TANF consumers: May be eligible for WCCC to cover participation in an internship or practicum if it is linked to Vocational Education as defined in WAC 170-290-0045 (6). If the internship or practicum is:

      1. Paid, the income received must be taxable under the US Tax Code. If the consumer wants child care for classroom activity outside of the paid internship or practicum, the internship or practicum must equal 16 or more hours a week.

      2. Unpaid, the consumer can only receive WCCC if they have outside employment of 20 or more hours per week, or 16 or more hours in a Work Study job.

  6. Individual Responsibility Plan (IRP) activities: WAC 388-310-0200 lists approved activities for WorkFirst parents which could be listed on their IRP. In addition to these standard activities a WFPS may identify other activities to help resolve barriers to participation such as drug or alcohol abuse, homelessness, or mental health issues. The WFPS may list some activities on the IRP for tracking only; this does not mean the activity is "approved or/approvable".

    If a consumer is historically inconsistent or lacks participation in the WorkFirst program, a shorter eligibility period may be authorized or a tickle set for the component end date.

EXAMPLE

Mark is a single parent, mandatory WorkFirst client and has 2 children (8 and 2 years). He has a back problem, is scheduled for surgery and unable to work at this time. The WFPS included his medical appointments and other medical needs in his IRP as approved activities. Mark is eligible for WCCC for the approved activities listed in his IRP.

  1. Post-Employment services (Job retention/wage progression services):  These services help keep current and former WorkFirst parents employed, attached to the labor market and gaining skills to help them increase their wages. WCCC can cover post-employment activities such as working with an Employment Security counselor. Do not count support services such as gas and clothing vouchers as income for WCCC eligibility and copayment calculation. See WorkFirst chapter 4.1 for more information.

  2. Sanction-DCS:  Consumers in sanction due to non-cooperation with the Division of Child Support who have a child on the TANF grant must meet WorkFirst participation requirements. WCCC can cover approved activities listed on the consumer's IRP.

  3. Sanction-WorkFirst: Consumers may receive child care if they are in a WorkFirst non-compliance sanction and they are:

    1. In their cooperation period and meeting WorkFirst participation requirements; or

    2. Working. Consumers may get WCCC for work related hours even if they are not working enough hours to remove a sanction.

  4. Tribal TANF approved activities or employment: Certain tribes in Washington offer TANF grants and manage their own WorkFirst program. A tribal member receiving Tribal TANF must participate according to the specific Tribal requirements. These requirements may be different than what is required of WorkFirst participants. Tribal TANF recipients may receive child care from the tribe or DSHS. This is called "dual eligibility".

    When the Tribal TANF recipient requests child care from DSHS, the recipient must follow WCCC rules regarding family, income, copayments, and the:

    1. Tribe must inform DSHS of the approved hours of Tribal "WorkFirst" participation.

    2. Recipient, if employed, must give DSHS the employment information.

EXAMPLE

Jack and Susan are married Tribal TANF recipients and both have approved Tribal IRPs that include 48-month training plans. Neither are employed. Both request WCCC for the IRP activity.

Jack and Susan meet WCCC activity requirements because they are in approved Tribal TANF activities. However, you must look at other WCCC rules regarding family size, income, etc., to determine if they are eligible for WCCC.

The tribe may pay the family's copayment, and/or the difference between the department's rate and the provider's rate, if the provider's rate is higher.

Self Employment

See WAC 388-310-1700 WorkFirst - Self-employment.

See WAC 388-450-0085 How we count your self-employment income

Effective May 28, 2004

WAC 170-290-0050  If I am self-employed, can I get WCCC benefits?

You may be eligible for WCCC benefits for up to sixteen hours maximum per day when you are self employed.

  1. We consider "employment" or "work" to mean engaging in any legal, income generating activity that is taxable under the United States Tax Code or that would be taxable with or without a treaty between an Indian Nation and the United States;

  2. You are eligible for the calculation discussed in subsection (4)(a) of this section one time only, for one self employment venture. If you change self employment, any months left up to the first six months are covered by child care according to subsection (4)(a)(i) of this section.

  3. If you get TANF and are self employed:

    1. You must have an approved self employment plan under WAC 388-310-1700;

    2. The amount of WCCC you get for self employment is equal to the number of hours in your approved plan; and

    3. Income from self employment while you are receiving TANF is determined by WAC 388-450-0085.

  4. If you don't get TANF at the time of application for WCCC and it is a:

    1. New self employment business (established less than six months):

      1. The hours of care you are eligible to receive for the first six months is based on your report of how many hours are needed, up to sixteen hours per day; and

      2. Your self employment income is based on WAC 170-290-0060.

    2. For a self employment business (established for six months or more) the number of hours of care you are eligible to receive is based on whichever is more:

      1. Your work hours reported in your business records; or

      2. The average number of monthly hours equal to dividing your monthly self employment income by the federal or state minimum wage (whichever minimum wage is lower).

    3. After the first six months, the number of hours of WCCC you can get each month is based on the lesser of subsections (4)(b)(i) or (ii) of this section.

Note: This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

Clarifying Information

Non-TANF parents who are self-employed:

  1. These parents must meet the income guidelines for WCCC. If the consumer states they established the self-employment business less than 6 months ago, WCCC considers it a new self-employment business. The new business does not need to be generating income at the time of the original application.

  2. WCCC allows consumers the calculation in WAC 170-290-0050(4)(a) one time only (per consumer). If there is a gap between applications or a change in the type of self-employment and they had six months of WCCC for the activity, the next time they apply for WCCC as a self-employed consumer, calculate their hours and income as described in WAC 170-290-0050(4)(c). You can enter the self employment activity information into the "FLAG" screen in WCAP to keep track of the use of this allowable calculation.

EXAMPLE 1

Jack received WCCC for his self-employment for the past 6 months. At reapplication, he states he has no income from the self-employment activity. Jack is not eligible for continuing child care.

Jack reapplies for WCCC in the future and reports the same self-employment activity. He believes we should apply the first-six-month rule for self-employment for this new application.

Jack is not eligible to receive the number of WCCC hours based on the first-six-month rule. Use WAC 170-290-0050(4)(c) to determine the number of child care hours he is eligible for.

EXAMPLE 2

William was self-employed as a gardener from April through September (six months) and received WCCC for this activity. He worked as an employee at an auto shop from October through March (six months) and also received WCCC for this activity. William is now self-employed as a mechanic and believes WCCC should apply the first six-month rule for self-employment to this new self-employment.

William is not eligible to receive WCCC hours based on the first six-month rule. The number of hours of child care he can receive is based on WAC 170-290-0050(4)(c).

EXAMPLE 3

Martha is a self-employed massage therapist and receives WCCC. After four months she reports she is no longer working as a massage therapist and asks you to close her WCCC. Three months later she calls to apply for WCCC and reports she is self-employed as a Tupperware salesperson. She can receive WCCC according to WAC 170-290-0050(4)(a) for two months. After two months you calculate her income using WAC 170-290-0050(4)(c).

Consumers In Un- approved Activities

Effective May 28, 2004

WAC 170-290-0055  If I am not working or in an approved activity right now, can I get WCCC benefits?

When care is approved in the situations described in subsections (1) and (2) of this section, the child needs to attend for the provider to bill.

  1. We can authorize WCCC payments for a child's attendance in child care for up to fourteen consecutive days when you're waiting to enter an approved activity under WAC 170-290-0040 or 170-290-0045.

  2. We can authorize WCCC payments for a child's attendance in child care for up to twenty-eight consecutive days if you or the other parent in the household experience a gap in your approved activity.

  3. Your household may be eligible for payment described in subsection (2) of this section:

    1. Twice in a calendar year;

    2. For the same number of units open while you were in the approved activity, not to exceed two hundred thirty hours a month;

    3. If you report the loss of activity or employment timely following WAC 170-290-0031; and

    4. If you receive WCCC immediately before the loss of employment or approved activity, and:

      1. Your employment, or the approved activity, will resume within that period; or

      2. You are looking for another job.

Note: This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

Clarifying Information

  1. WAC 170-290-0055(1) states we may authorize WCCC for up to 14 consecutive days while a consumer is waiting to enter an approved activity. We refer to this as a "gap." Remember:

    1. You should use your judgment to determine if a consumer appears to be overusing this benefit. If so, you do not have to authorize care. If you are uncomfortable making this determination, staff the case with your lead worker or supervisor.

    2. The consumer does not need to have a definite promise of a job in order for you to authorize care.

    3. As with the 28-day gap period (WAC 170-290-0055(2), you do not need to monitor the job search for non-TANF consumers, nor should you require the consumer to verify the activity.

    4. In 2-parent households, one of the parents must be working or in another approved activity while the other parent is waiting to enter the approved activity.

    5. Children must attend child care in order for the provider to bill. The authorization can not be used just to hold a spot for the child.

    6. Set up the authorization for no more than 14 consecutive days. When the consumer gets a job and meets eligibility requirements, set up a new eligibility period.

    7. To meet WAC 170-290-0105(1)(a), call the consumer to update the ongoing need for child care or send a prefilled reapplication to the consumer at the same time you send the award letter for the 14-day eligibility period.

  2. If consumers use any amount of care during an authorized "gap" we count it as one of their two annual allowable "gap" periods (WAC 170-290-0055(3)).

  3. Authorize "gap" care at the same type and number of units as was previously authorized, but do not exceed a total of 22 full-day units. For example, if the consumer was approved for 15 half-days, authorize a total of 15 half-days for the "gap" activity.

  4. Occasionally, consumers may request child care coverage for a situation not listed in WAC or on their IRP, such as a medical or mental health condition which prevents them from caring for their own children. Explore with the consumer other child care resources such as from Division of Vocational Rehabilitation or Child Protective / Welfare Services. You may also submit a Rule Exception Request or RER (DSHS 05-010).

EXAMPLE 1

Mike is a single parent with 3 children. The family qualifies for WCCC and the children are each authorized for 22 full days. Mike broke his leg and will not be able to return to work for at least 6 weeks. He wants WCCC to cover the time he is off work. You can not authorize WCCC. The "gap" WAC only applies if he is going back to work within 28 days.

EXAMPLE 2

Maria, a WCCC consumer, has a medical condition and she must temporarily stop working. She thinks she will be back to work in two or three weeks. Authorize WCCC to cover the "gap".

Maria used child care for the 28 days. At the end of the 28 days she is still not able to return to work. This is not an overpayment to Maria but you must close the WCCC authorization. If Maria still wants WCCC she may ask for a Rule Exception Request.
 

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