Income - Allocation and Deeming
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Income - Allocation and Deeming


Revised July 1, 2008



Purpose: This section includes cash assistance, medical assistance, and Basic Food rules and procedures for allocating the income of ineligible or non-AU members to an AU, allocating the income of AU members to non-members, and deeming a sponsor's income to AUs with a sponsored immigrant.

WAC 388-450-0095Allocating income--General.
WAC 388-450-0100Allocating income--Definitions.
WAC 388-450-0105Allocating the income of a financially responsible person included in the assistance unit.
WAC 388-450-0106How does the department count my income if someone in my family cannot get assistance because of their alien status?
WAC 388-450-0110Allocating the income of a GA-U client to legal dependents.
WAC 388-450-0115Allocating the income of a financially responsible person excluded from the assistance unit.
WAC 388-450-0116How does the department count my income if I cannot get assistance because I am an alien ?
WAC 388-450-0120Allocating the income of financially responsible parents to a pregnant or parenting minor.
WAC 388-450-0130Allocating the income of a nonapplying spouse to a caretaker relative.
WAC 388-450-0135Allocating income of an ineligible spouse to a GA-U client.
WAC 388-450-0140How does the income of an ineligible assistance unit member affect my eligibility and benefits for Basic Food?
WAC 388-450-0145Income of a person who is not a member of a food assistance unit.
WAC 388-450-0155How does being a sponsored immigrant affect my eligibility for cash, medical, and food assistance programs?
WAC 388-450-0156When am I exempt from deeming?

ACES PROCEDURES

See Interview - (DEEM) Allocations / Deeming Screen

See Income Eligibility and Budgeting - Special Income Situations - Income Allocation Cash - Financially Responsible Person Not Included in AU Because of Alien Status


WAC 388-450-0095

WAC 388-450-0095

Effective September 1, 1998

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. 

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. Unmarried persons are not legally or financially responsible for each other.

  2. A stepparent's responsibility for support ceases when death or divorce has terminated the marriage.


WORKER RESPONSIBILITIES

  1. Determine if there is income possessed by someone outside the assistance unit that must be allocated to meet the needs of the assistance unit.

  2. Determine if there is income possessed by someone included in the assistance unit that must be allocated to meet the needs of someone outside the assistance unit.

  3. Refer to the appropriate section listed below for specific allocation rules and worker responsibilities.


WAC 388-450-0100

WAC 388-450-0100

Effective August 13, 2004

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:

    1. Is or could be claimed for federal income tax purposes by the financially responsible person; or

    2. The financially responsible person is legally obligated to support. 

  2. "Financially responsible person" means a parent, stepparent, adoptive parent, spouse or caretaker relative.

  3. A "disqualified assistance unit member" means a person who is:

    1. 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;

    2. An unmarried pregnant or parenting minor under age eighteen who is not living in a department-approved living situation;

    3. 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;

    4. A person who has been convicted in federal or state court of having made a fraudulent statement or representation about their place of residence in order to receive assistance from two or more states at the same time as defined in WAC 388-446-0010; and

    5. A person who has been convicted of unlawfully receiving public assistance as defined under WAC 388-446-0005.

  4. "Ineligible assistance unit member" means an individual who is:

    1. Ineligible for cash assistance due to the citizenship / alien status requirement in WAC 388-424-0010;

    2. Ineligible to receive 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;

    3. Ineligible to receive 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;

    4. Ineligible to receive 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;

    5. The spouse of a woman who receives cash benefits from the GA-S program; and

    6. The adult parent of a minor parent's child.

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.

WAC 388-450-0105

WAC 388-450-0105

Effective September 12, 2002

WAC 388-450-0105 Allocating the income of a financially responsible person included in the assistance unit.

This section applies to TANF / SFA, RCA and RMA.  Refer to WAC 388-408-0055 for the rules concerning the treatment of income of a financially responsible person for 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.

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. See WAC 388-450-0106  for rules about allocating income of members who are excluded because of alien status.

  2. For the definition of a financially responsible person for medical assistance programs. See WAC 388-408-0055

  3. Do not allow a payment standard deduction for disqualified assistance unit members.


WORKER RESPONSIBILITIES

  1. To determine an assistance unit's eligibility and benefit amount, allocate the income of a financially responsible person included in the assistance unit to meet the needs of legal dependents living either in or out of the home.

  2. Determine the countable earned income by deducting the applicable work incentive or work expense and any applicable dependent care deduction for employment related child care expenses, as specified in WAC 388-450-0170, from the financially responsible person's gross earned income.

  3. Combine the financially responsible person's countable earned income and countable unearned income.

  4. Subtract the appropriate payment standard for an assistance unit based on the number of ineligible assistance unit members. Do not include persons excluded from the assistance unit due to disqualification.

  5. To meet the needs of each legal dependent not living in the home, deduct the lesser of the department's one-person need standard or the actual amount paid for court or administratively ordered support.

  6. Subtract the remaining income from the assistance unit's applicable payment standard.


EXAMPLE

A mother and one of her children receive TANF cash benefits. The mother is employed and pays $275 court-ordered support for a child not living in her home. The mother has two other children who are not included in the assistance unit as they are probation violators. The mother receives $1,500 gross income each month from her employment.

$1,500 Gross earned income
÷ 2 Work incentive
$ 750 Countable earned income
- 453 Two-person pmt std (2 ineligible children)
$ 297  
- 275 Paid support for child living outside the home
$ 22 Countable income

453 Two-person pmt std
- 22 Countable income
$431 Grant amount

In this example, the mother's countable earned and unearned income exceeds the payment standard for herself and her eligible child and would render the assistance unit ineligible for cash benefits. However, as the mother has three dependent children she is financially responsible for, her income is reduced to allocate for their needs, allowing her and her child to be eligible for benefits.


EXAMPLE

A husband and wife apply for TANF for themselves and their two children. The husband receives unemployment compensation (UC) of $800 each month of which DCS garnishes $275 for a child living outside the assistance unit.

$800 Gross UC
- 275 DCS garnishment
$525 Countable UC

$661 Four-person pmt std
- 525 Countable UC
$136 Grant amount

In this example, the husband's gross UC exceeds the payment standard. However, the husband has one dependent he is financially responsible for which allows the assistance unit to be eligible for TANF.


EXAMPLE

A husband and wife apply for TANF for themselves and their two children. The husband receives unemployment compensation (UC) of $800 each month of which DCS garnishes $275 for a child living outside the assistance unit.

$800 Gross UC
- 275 DCS garnishment
$525 Countable UC

$661 Four-person pmt std
- 525 Countable UC
$136 Grant amount

In this example, the husband's gross UC exceeds the payment standard. However, the husband has one dependent he is financially responsible for which allows the assistance unit to be eligible for TANF.


EXAMPLE

Following the previous example, except the wife's gross earned income is $800 per month and the ineligible husband earns $600 gross income per month.

Ineligible Husband

Wife

$600 Gross earned income $800 Gross earned income
- 90 Work expense ÷ 2 Work incentive
$510 Countable earned income $ 400 Countable earned income
$ - 453 Two-person pmt std + 57 Available from husband's income
$57 Available to assistance unit $ 457  
    - 200 Paid support for child living outside the home
    $ 257 Countable income

$562 Three-person pmt std
- 270 Countable income
$292 Grant amount

In this example, the ineligible husband's countable earned and unearned income exceeds the payment standard for himself and child. As such, the difference is available to the assistance unit and added to the assistance unit's countable earned and unearned income.


EXAMPLE

Following the previous example, except the parents are not married.

An employed mother and two children are receiving TANF cash benefits. She pays $200 child support each month for a child living outside the home.   The father of the two TANF children resides in the home also. He is employed and not included in the assistance unit because he is a drug related felon. The father also has his daughter residing in the home, she is a probation violator.

Ineligible Father

Mother

$600 Gross earned income $800 Gross earned income
- 90 Work expense ÷ 2 Work incentive
$510 Countable earned income $ 400 Countable earned income
$ - 453 Two-person pmt std + 57 Available from husband's income
$57 Available to assistance unit $ 457  
    - 200 Paid support for child living outside the home
    $ 257 Countable income

$562 Three-person pmt std
- 257 Countable income
$305 Grant amount

In this example, the ineligible father's countable earned and unearned income exceeds the payment standard for himself and his ineligible child. As such, the difference is available to meet the needs of his eligible TANF children and added to the assistance unit's net income. 


WAC 388-450-0106

WAC 388-450-0106

Effective August 13, 2004

WAC 388-450-0106 How does the department count my income if someone in my family cannot get assistance because of their alien status?

This section applies to TANF/SFA, RCA, and RMA.  We count your income differently if you are applying for medical assistance only. See WAC 388-408-0055.

If you are included in the assistance unit and you are financially responsible for someone, as defined in WAC 388-450-0100 who does not meet the alien requirements described in WAC 388-424-0010, we do not count all of your income. We subtract some of it so that you can use that part to help support the people who cannot get assistance. To figure out how much we count, we take the following seven steps:

  1. We start by only counting fifty percent of your earned income, as defined in WAC 388-450-0030;

  2. We add all of your unearned income, as defined in WAC 388-450-0025

  3. We subtract the difference between the following payment standards (payment standards can be found in WAC 388-478-0020):

    1. One that includes both eligible assistance unit members and those who cannot get assistance because of their alien status; and

    2. One that includes only the eligible assistance unit members.

  4. We subtract the payment standard for the number of people who are ineligible for reasons other than alien status, as defined in WAC 388-450-0100 (4)(b) through (f).

  5. We subtract any court or administratively ordered child support you pay for legal dependents. This includes both current and back support. The amount cannot be more than the need standard in WAC 388-478-0015 for the number of dependents.

  6. We subtract any employment-related child care expenses you have.

  7. Then, we count whatever is left as unearned income.

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. If an immigrant was sponsored into the United States, use WAC 388-450-0155, WAC 388-450-0156, and WAC 388-450-0160  to see how much of the sponsor's income we count.

  2. In each of the following examples, the financial responsibility rules for medical assistance units are used when determining eligibility for a medical assistance program for the excluded family members. Do not count the cash grant income of other family members when determining medical program eligibility for excluded family members. 


EXAMPLE

A legal alien mother and one U.S. citizen child receive TANF cash benefits. The mother is employed and pays $200 court-ordered support for a child not living in the home.  mother has two other children who are excluded from the assistance unit because of their alien status. The mother receives $1,000 gross earned income each month from her employment.

$1,000 Gross earned income $661 Four-person pmt std
÷ 2 Work incentive - 453 Two-person pmt std
$ 500 Countable earned income $208 Diff. between 2 & 4 person pmt std
- 208 Diff. between 2 & 4 person pmt std
$ 292  
- 200 Paid support for child living outside the home
$ 92 Countable income

$ 453 Two-person pmt std
- 92 Countable income
$ 361 Grant amount

The family has also applied for medical assistance for the two excluded undocumented alien children with an emergent condition

$1,000

Gross earned income
- 90

Work expense deduction

$910

 

- 200

Paid support for child living outside the home
$ 710.

Net income - compare to 200% FPL for family of 4

Certify both children for F 09 medical.


EXAMPLE

An employed mother and her two children receive TANF cash benefits. The mother pays $200 support each month for a child living outside the home. Her husband is excluded from the AU because of his alien status. One of their children is also excluded from the AU because of her alien status.

$1,100 Wife’s gross earned income $762 Five-person pmt std
÷ 2 Work incentive - 562 Three-person pmt std
$ 550 Wife’s countable earned income $200 Diff. between 3 & 5 person pmt std
- 200 Diff. between 3 & 5 person pmt std
$ 350  
- 200 Paid support for child living outside the home
$ 150 Countable income

$ 562

Three-person pmt std

- 150

Countable income

$ 412

Grant amount


The family has also applied for medical assistance for the undocumented alien father and child excluded because of alien status.  The child is pregnant.

$1,100

Wife’s gross earned income

- 90

Work expense deduction

$1,010  
- 200

Paid support for child living outside the home

$ 810

Net income - compare to 185% FPL for family of 5.

Certify the child for P04 medical. The father is ineligible for a medical program.

The father reapplies the following month after receiving injuries in an automobile accident. The father remains TANF-related.

$1,100

Wife’s gross earned income

÷ 2

Work incentive

$ 550  
- 200

Paid support for child living outside the home

$ 350

Net income - compare to 5 person CNIL standard.

Certify the father for the alien emergency medical program FCertify the father for the alien emergency medical program F.


EXAMPLE

An employed mother and her two children are receiving TANF cash benefits. The father of the two TANF children also resides in the home. He is not included in the AU because of his alien status. The mother also has a 17-year old son who lives in the home but is not included in the AU because he is a probation violator. The mother receives $1,400 gross earned income each month.

$1,400 Wife’s gross earned income $661 Four-person pmt std
÷ 2  Work incentive - 562 Three-person pmt std
$ 700 Wife’s countable earned income $ 99 Difference between 3 & 4 person pmt std
- 99 Difference between 3 & 4 person pmt std
$ 601  
- 359 One-person pmt std (for son’s needs who is a probation violator)
$ 245 Countable income

$ 562 Three-person pmt std
- 245 Countable income
$ 317 Grant amount

The family also wants medical for the undocumented father and the17-year old son. The son is not an excluded person for TANF-related medical. The father does not have an emergency medical condition.

$1,400 Wife’s gross income
÷ 2 Work incentive
$ 700 Net income - compare to the 5 person grant standard.
Certify the 17-year old son for FCertify the 17-year old son for F

A few months later, the mother’s income increases to $1,600 per month. With a net family income of $800, the child is income ineligible for FO4 medical.  Review for FO6 medical.  $1,600 - $90 = $1,510 which is under the 200% FPL for a family of 5.


EXAMPLE

For Cash Only
A recently married client and her child receive TANF cash benefits. The new husband is an undocumented alien. The client has earnings of $1,200 per month. The husband earns $300 per month. Calculate the client’s cash income per WAC 388-450-0106. Calculate the undocumented alien’s cash income per WAC 388-450-0116. Combine the calculated totals for the countable income.

For Basic Food Only
The same client also receives Basic Food benefits. Count all her income and a prorated share of the undocumented alien’s income. Divide his earnings by the number of people in the AU, subtract the 20% disregard, and the total is his countable income.

$ 300

Gross earned income

÷ 3

People in the AU

$ 200

Countable earned income

- 20%

Subtract the 20% Disregard

$ 180

Countable income

 


WAC 388-450-0110

WAC 388-450-0110

Effective September 1, 1998

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:

    1. The GA-U earned income disregard and work expense disregard, as specified in WAC 388-450-0175; and

    2. 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:

    1. The payment standard amount for the nonapplying spouse and legal dependents living in the home; and

    2. The standard of assistance the client is eligible for while in an alternative care facility.

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

For treatment of income of a nonapplying spouse, see WAC 388-450-0135.


WORKER RESPONSIBILITIES

GAU Client Living at Home
  1. To determine a GAU client's net countable earned income, apply rules in WAC 388-450-0175.

  2. Combine the countable earned income with the countable unearned income.

  3. When a General Assistance client is in a medical institution, alcohol or drug treatment center, congregate care facility, or adult family home has income, deduct the payment standard applicable for the nonapplying spouse and legal dependents living in the home.


NOTE:

This deduction only occurs when a General Assistance client is in a medical institution, alcohol or drug treatment center, congregate care facility, or adult family home.


Worker Responsibilities

  1. Deduct the lesser of the department's one-person need standard or the actual amount paid for court or administratively ordered support, to meet the needs of each legal dependent not living in the home.

  2. Subtract the remaining income from the GAU client's applicable payment standard.

GAU Client in Alternate Living Situation

  1. Deduct from the income of a GAU client in a medical institution, alcohol or drug treatment center, congregate care facility, or family home, the appropriate payment standard for the nonapplying spouse and legal dependents living in the home.

  2. Deduct from the remaining income of 1. above the amount that meets the needs of the GAU client living in the alternate living situation.

  3. The remainder is applied to the client's participation toward cost of care.


WAC 388-450-0115

WAC 388-450-0115

Effective September 1, 1998

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.

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. See WAC 388-450-0116 for rules on allocating the income of a financially responsible person excluded from the assistance unit because of their alien status.

  2. Do not allow the 50% work incentive for a financially responsible person excluded from the assistance unit.

  3. This rule also applies to TANF/SFA-related medical programs, as specified in WAC 388-503-0510 (2). The rules of this section also apply to the RMA program.

  4. For the definition of a financially responsible person for medical assistance programs, see WAC 388-408-0055.

  5. Do not allow a payment standard deduction for disqualified assistance unit members.


WORKER RESPONSIBILITIES

  1. To determine an assistance unit’s eligibility and benefit amount, allocate the income of a financially responsible person who is excluded from the assistance unit to meet the needs of legal dependents living in the home and outside the home.

  2. Determine the countable earned income by deducting the $90 work expense and any applicable dependent care deduction for employment related child care expenses, as specified in WAC 388-450-0170, from the gross earned income of the employed financially responsible person who is excluded from the assistance unit.

  3. Combine the countable earned income and countable unearned income of the excluded financially responsible person.

  4. Subtract the appropriate payment standard for an assistance unit based on the number of ineligible assistance unit members. Do not include persons excluded from the assistance unit due to disqualification.

  5. To meet the needs of each legal dependent not living in the home, deduct the lesser of the department’s one-person need standard or the actual amount paid for court or administratively ordered support.

  6. Consider the remaining income as available to meet the needs of the assistance unit members.


EXAMPLE

The mother receives TANF cash benefits for two of her children. The mother is employed and is not receiving TANF because she is a drug related felon. Another child also lives in the home and is a probation violator. The mother pays court ordered support of $900 for two children not living in the home.


$1,850 Gross earned income
- 90 Work expense
$1,760 Countable earned income
- 453 Two-person payment standard (ineligible mother & child)
$1,307  
- 900 Paid support for child living outside the home
$ 407 Countable income

$ 453 2-person payment standard (2 eligible children)
- 407 Countable income
$ 46 Grant amount

In this example gross income rules allow the mother's income to be reduced to meet the needs of legal dependents as part of the process of determining eligibility and payment.


EXAMPLE

A mother and one child receive TANF cash benefits. The mother pays a court ordered support payment of $160 each month for a child living outside the home.  mother's husband, and father of the TANF child, resides in the home with his 19-year old child, for whom he is financially responsible. The husband is excluded from the assistance unit as he is a fleeing felon. He also pays $100 per month support for a dependent child living outside the home.

Ineligible Husband

Eligible Wife

$890 Husband's gross earned income $247

Available income from her husband

- 90 Work expense - 160

Wife's paid support for her child living outside the home

$800 Countable earned income $87

Countable income

- 453 Two-person payment standard (ineligible husband and his ineligible child)    
$347      
- 100 Husband's paid support for his child living outside the home    
$247 Amount to be allocated to the assistance unit    

$453 Two-person payment standard
- 87 Countable income
$366 Grant Amount


EXAMPLE

An employed mother is disqualified from the assistance unit as she has been convicted of an unlawful practice. Her two children are receiving TANF cash benefits.

$500 Mother's gross earned income
- 90 Work expense
$410 Countable income

$453 Two person payment standard
- 410 Countable income
$ 43 Grant amount

In this example, as the mother is disqualified from the assistance unit do not reduce her countable income by subtracting the payment standard for her needs.


EXAMPLE

Employed client in third trimester applies for TANF.  It has been medically verified the client is in the third trimester and will deliver one child.  Client is married to the employed father of the unborn who resides in the home.  Determine eligibility as follows:

Determine if the husband has an unmet need or if his income is available to meet his expectant wife's needs.  If his net income is less than a one-person payment standard the difference is allocated to meet his needs by subtracting from her net income.  If his net income exceeds a one-person payment standard the difference is income available to meet the needs of his expectant wife and added to her net income.


When husband has an unmet need (If husband's gross earned income is $400)

When husband's income is available to meet his wife's needs. (If husband's gross earned income is $600)

$400 Husband's gross earned income $600 Husband's gross earned income
- 90 Work expense - 90 Work expense
$310 Husband's countable earned income $510 Husband's countable earned income
$359 One-person payment standard - 359 One-person payment standard
- 310 Husband's countable earned income $151 Countable income
$ 49 Husband's unmet need    
$300 Wife's gross earned income $300 Wife's gross earned income
÷ 2 Work incentive ÷ 2 Work incentive
$150 Wife's countable earned income $150 Wife's countable earned income
- 49 Allocate for husband's unmet needs +151 Husband's countable income
$ 101 Countable income $301 Countable income

$359 One-person payment standard $359 One-person payment standard
- 101 Countable income - 301 Countable income
$258 Grant amount $ 58 Grant amount


WAC 388-450-0116

WAC 388-450-0116

Effective August 13, 2004

WAC 388-450-0116 How does the department count my income if I cannot get assistance because I am an alien ?

This section applies to TANF / SFA, RCA, and RMA programs. We count your income differently if you are applying for medical assistance only. See WAC 388-408-0055.

Some people cannot get assistance because they do not meet the alien requirements described in WAC 388-424-0010. If you do not meet those requirements but you are financially responsible for someone in the assistance unit, as defined in WAC 388-450-0100, we count some of your income as part of the assistance unit's income. To figure out how much we count, we take the following seven steps:

  1. We start by only counting fifty percent of your earned income, as described in WAC 388-450-0030.

  2. We add all of your unearned income, as described in WAC 388-450-0025

  3. We subtract the difference between the following payment standards:

    1. One that includes both eligible assistance unit members and those who cannot get assistance because of their alien status; and

    2. One that includes only the eligible assistance unit members.

  4. We subtract the payment standard for the number of people who are ineligible for reasons other than alien status, as defined in WAC 388-450-0100 (4)(b) through (f) .

  5. We subtract any court or administratively ordered child support you pay for legal dependents.  This includes both current and back support. The amount cannot be more than the need standard in WAC 388-478-0005 for the number of dependents.

  6. We subtract any employment-related childcare expenses you have.

  7. Then, we count whatever is left as unearned income.

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. If an immigrant was sponsored into the United States, use WAC 388-450-0155, WAC 388-450-0156, and WAC 388-450-0160 to see how much of the sponsor's income we count.

  2. In each of the following examples, the financial eligibility rules for medical assistance units in WAC 388-408-0055 are used when determining eligibility for a medical program for the excluded family members. Do not count the cash grant income of other family members when determining medical program eligibility for excluded family members.


EXAMPLE

A TANF AU consists of a citizen mother and two children. Also in the household is the undocumented father. He is employed and receives $700 earnings.

$700 Husband’s gross earned income $661 Four-person pmt std
÷ 2 Work incentive - 562 Three-person pmt std
$350 Husband’s countable earned income $ 99 Diff. between 3 & 4 person pmt std
- 99 Difference between 3 & 4 person pmt std
$251 Countable income

$562 Three-person pmt std
- 251 Countable income
$311 Grant amount

While the undocumented father remains TANF-related, he does not have an emergency medical condition. He is not eligible for a medical program.


EXAMPLE

A TANF AU consists of a mother and father who were legally admitted under IRCA and their citizen child. Also residing in the home is their undocumented child. The father is employed and receives $700.

$700 Husband’s gross earned income $661 Four-person pmt std
÷ 2 Work incentive - 562 Three-person pmt std
$350 Husband’s countable earned income $ 99 Diff. between 3 & 4 person pmt std
- 99 Difference between 3 & 4 person pmt std
$251 Countable income

$562 Three-person pmt std
- 251 Countable income
$311 Grant amount


EXAMPLE

A TANF AU consists of a mother who was legally admitted under IRCA and her citizen child. The child’s father was legally admitted under IRCA and employed receiving $700 earnings. He is also a fleeing felon. The couple’s undocumented child also resides in the home.  This child is pregnant.


$700 Husband’s gross earned income $562 Three-person pmt std
- 90 Work expense - 453 Two-person pmt std
$610 Husband’s countable earned income $109 Diff. between 3 & 4 person pmt std
- 109 Difference between 3 & 4 person pmt std
$501  
- 359 Husband’s needs
$142 Countable income

$453 Two-person pmt std
- 155 Countable income
$298 Grant amount

In this situation, the father is allowed a one-person payment standard for his needs because he is a legal alien. The couple’s undocumented child is allowed only the difference between the payment standard which would include the child if she were a citizen and the payment standard for eligible citizen assistance unit members.

Determine the medical program eligibility for the family members excluded from the cash grant. For the purposes of medical eligibility, the father is not an excluded family member.


$700 Husband’s gross earned income
÷ 2 Work incentive
$350 Net income - compare to the 4 person CNIL standard.
Certify the father for F04 medical.  Certify the child for P04 medical.


EXAMPLE

A household consists of a needy mother and father who were legally admitted under IRCA, their undocumented minor child and her U.S. citizen child. The undocumented minor child is employed and receives $700 earned income.  The minor parent was recently hospitalized for an emergent condition.

If the minor parent is the primary caretaker of her child, the minor parent would receive a grant for her child after allocating her income:


$700 Minor parent’s gross earned income $453 Two-person pmt std
÷ 2 Work incentive - 359 One-person pmt std
$350

Minor parent’s countable earned income.

$ 94 Diff. between 1 & 2 person pmt std
- 94 Difference between 1 & 2 person pmt std
$256 Countable income

$359 One-person pmt std
- 256 Countable income
$ 93 Grant amount

In this situation, the parents of the minor parent are not eligible for cash assistance as they do not have an eligible child in the home and would not be eligible for a TANF-related medical program.

If, however, major mom was determined to be the primary caretaker relative of her grandchild, major mom and the grandchild would be eligible for TANF.


$700 Minor parent’s gross earned income $562 Three-person pmt std
÷ 2 Work incentive - 453 Two-person pmt std
$350 Minor parent’s countable earned income $109 Diff. between 2 & 3 person pmt std
- 109 Difference between 2 & 3 person pmt std
$241 Countable income

$453 Two-person pmt std
- 241 Countable income
$212

Grant amount


Determine eligibility for the alien emergency medical program for the undocumented minor mother. Under the financial responsibility rules, the minor mother and her child are considered as a medical assistance unit.
$700 Minor parent’s gross earned income
- 90 Work incentive
$610 Net income - compare to the 2 person CNIL
Certify the minor mother for F09 medical.


EXAMPLE

A TANF AU consists of a legal alien mother and citizen child.

The household also contains the citizen child’s undocumented father (the child’s parents are not married) and the mother’s undocumented child. The citizen child’s father is employed and receives $1,000 in earnings.


$1,000 Father’s gross earned income $562 Three-person pmt std
÷ 2 Work incentive - 453 Two-person pmt std
$ 500 Father’s countable earned income $109 Diff. between 2 & 3 person pmt std
- 109 Difference between 2 & 3 person pmt std
$ 391 Countable income
$ 453 Two-person pmt std
- 391 Countable income
$ 62 Grant amount

As the citizen child’s father is not financially responsible for the undocumented child’s needs, none of his income is allocated to meet her needs. The undocumented child is not included when determining the difference between the payment standards as her mother did not earn the income.

For the purposes of determining the medical program eligibility of the excluded family members, three separate medical assistance units are established:

  1. The unmarried mother and her separate undocumented child;
  2. The citizen child in common of unmarried parents; and
  3. The undocumented father.
MAU 1 This MAU has no income.
Certify the child for F08 medical.
The mother is receiving TANF and F
MAU 2 This child is receiving TANF and F01 medical.
MAU 3 The father remains TANF-related and has an emergent medical condition.  His income is $1,000 and income over the 1-person FPL is allocated to the child in MAU 2.

This allocation is solely for the purpose of determining medical program eligibility and does not effect the computation of cash grant benefit amounts.

The father’s income for the alien emergency medical program is the 1-person FPL compared to the CNIL.  The father is income ineligible for the alien emergency medical program.  Review for the MI program.


WAC 388-450-0120

WAC 388-450-0120

Effective September 1, 1998

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:

    1. 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

    2. 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.

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

For situations involving a pregnant minor or minor parent living with his or her parent, the mandatory assistance unit requirement is not affected by marriage, military service or court-ordered emancipation of the pregnant minor or minor parent, see WAC 388-408-0015.


WORKER RESPONSIBILITIES

  1. Deduct a $90 work expense from each parent or stepparent's gross earned income.

  2. Combine the net countable earned income for