Effective May 28, 2004
WAC 388-290-0015 How does the WCCC program
determine my family size for eligibility?
We determine your family size by reviewing those individuals who
live together in the same household as follows:
- If you are:
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We count the following
individuals as part of the family for WCCC eligibility: |
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A
single parent, including a minor parent living independently;
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You
and your children.
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Unmarried parents who have at least one mutual child;
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Both
parents and all their children living in the household.
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Unmarried parents with no mutual children;
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Unmarried parents and their respective children living in the
household as separate WCCC families.
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Married parents;
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Both
parents and all their children living in the household.
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Undocumented parents;
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Parents and children, documented and undocumented, as long as
the child needing care is a U.S. citizen or legally residing in
the United States. All other family rules in this section apply.
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A
consumer as defined in WAC
388-290-0005 (1)(c) through (i);
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The
children only. (The children and their income are counted.)
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A
minor parent with children and live with a parent/guardian;
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Only
the minor parent and their children.
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A
family member who is out of the household because of employer
requirements, such as the military or training, and is
expected to return to the household.
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You,
the absent individual, and the children. Subsection (1)(b) and
(d) of this section apply.
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A
family member who is voluntarily out of the household for
reasons other than requirements of the employer, such as
unapproved schooling and visiting family members, and is
expected to return to the household.
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You,
the absent individual and the children. Subsection (1)(b) and
(d) of this section apply as well as WAC
388-290-0020.
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An
incarcerated family member.
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The
absent individual is removed from the household. We count all
remaining household members. All other family rules in this
section apply.
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- If your household includes:
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We count the following
individuals as part of the family for WCCC eligibility: |
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Eighteen year old siblings of the children who require care
and are enrolled in high school or general equivalency diploma
(GED) program.
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The
eighteen year olds (unless they are a parent themselves), until
they turn nineteen or complete high school/GED, whichever comes
first. All other family rules in this section apply.
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Siblings of the children requiring care who are up to
twenty-one years of age and who are participating in an
approved program through the school district's special
education department under RCW 28A.155.020.
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The
individual participating in an approved program through RCW
28A.155.020 up to twenty-one years of age (unless they are a
parent themselves). All other family rules in this section
apply.
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Click on the Washington
State Register (WSR) numbers below to go to the official filings for
this WAC at the Washington State Code Reviser's web site.
Current Version: WSR
04-08-134, effective 5/28/04
Previous
Version: WSR 02-12-069, effective
7/1/02
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clarifying information
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Married or unmarried
TANF and non-TANF minor
parents are considered a separate family when they, with their child,
reside with a parent, or guardian.
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The income of the
grandparent or guardian is not counted toward household income.
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The ability and
availability of the grandparent or guardian to provide care is not
considered.
EXAMPLE 1
Jack and Diane are the unmarried
parents of Shady Tree. The three of them live with Diane's mother.
Diane has 1 sibling still living at home. Jack, Diane, and Shady
Tree are considered a separate family from Diane's mother and
sibling. Consider only the income of Jack, Diane and Shady Tree for
the purposes of eligibility and co-payment. Do not consider
Diane's mother for ability or availability to provide care.
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EXAMPLE 2
Tony is a single father of a one year
old child. He and the child live with his father. Tony, his child
and his father are all on a TANF grant
together. Tony needs child care to attend his last year of high
school.
Count only Tony and
his child as part of the WCCC household and
their income for eligibility and co-payment purposes. Tony's father
would not be considered for ability or availability to provide care
for his grandchild. |
- WCCC family units are based primarily on how the child is related to
the adults, not to other children.
EXAMPLE
1
Lucy and
Kevin are unmarried parents. They have 2 mutual children and he has 1
child from a previous relationship. While living together, they are
considered a family of 5. Kevin leaves the home with no indication he
is returning. All the children remain with Lucy. Lucy is potentially
eligible for WCCC for herself and 2 children. To receive WCCC
for Kevin's child she would need to apply for and receive TANF as an
in
loco parentis. |
EXAMPLE
2
Lucy and
Kevin are unmarried parents. They have 2 mutual children and he has 1
child from a previous relationship. They are considered a family of 5.
Kevin leaves the home for a non work related reason and expects to
return to the household. All the children remain with Lucy. The family
is considered a family of 5. All eligibility rules must be met,
including WAC 388-290-0020
and WAC 388-290-0045. |
- If a parent is out of the household due to an approved
activity, their actual schedule does not have to coincide with the
remaining parent’s schedule. In these cases, allow for
WCCC for the remaining parent’s schedule if the family is income
eligible.
EXAMPLE
Jason and
Jennifer are approved for WCCC with children. She is in the military
and is sent out on assignment. Jason’s work schedule is Monday-Friday
8am-5pm. Jennifer works graveyard. We do not consider her work hours
as she is not available for care and she is in an approved activity.
Care is authorized using Jason’s schedule only. |
- If a parent in a two parent home voluntarily leaves the
home but has plans to return, they continue to be counted in the
household number and all WCCC rules continue to apply to them.
EXAMPLE 1
Mary and Rick receive
WCCC. Rick leaves his job to care for his mother in Alabama. Rick is still
considered part of the household but his activity no longer meets WAC
388-290-0010(2). The family is no
longer eligible for WCCC as Rick would be considered “available” for care per
WAC 388-290-0020(1)(c)(ii). |
EXAMPLE 2
Kerry and Steve apply
for WCCC on 5/15. Kerry reports she is working but plans to quit work on 6/30 to
attend college/training out of state for 60 days. Kerry is still considered part
of the household when she leaves but her activity no longer meets WAC
388-290-0010(2). The family is no
longer eligible for WCCC as of 6/30 as Kerry would be considered “available” for
care per WAC 388-290-0020(1)(c)(ii). |
- If a parent is either removed from the country or is
waiting to enter the country, that parent is not considered as part of
the household and their income is not counted. If the second parent is
sending money back to the WCCC consumer, consider it child support
income for the WCCC consumer.
The worker should strongly remind the WCCC consumer they are required
to report to WCCC as soon as the second parent enters the household. The
consumer's eligibility should be redetermined to ensure the family remains
eligible for WCCC.
EXAMPLE
Jerry and
Maria are approved for WCCC and have two children. On February 20th,
Maria reports Jerry was deported to Mexico and he is waiting to return
to the country. Because he is no longer in the country, not by his
choice, he is removed from the household and Maria’s copayment is
adjusted for March. Maria is advised to report when he returns to the
country. |
- The employment earnings of a person described in WAC
388-290-0015 (2) are not counted toward the
household's income.
EXAMPLE 1
Mary applies for child care while she
is employed. She has two children - an 11-year-old and an
18-year old who are siblings. The 11-year-old requires before
and after school care. The 18-year-old is enrolled in high
school and working part-time. Include the 18-year-old as part
of the household until she has completed high school or turns 19
whichever comes first. Do not count the 18-year-old's
employment earnings toward the household income.
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EXAMPLE 2
Jack and Janet apply for care for their 9-year-old.
They also have a 19-year-old at home. The 19-year-old is still enrolled in a special
education program at the high school. He also works at a sheltered
employment site. The 19-year-old is counted as a member of the
household but his income is not counted. The family size is four. |
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Legal shared
custody, visitation and informal custody arrangements: When a case arises where one or both parents apply for child
care and the children either live in both households or visit (such as for
spring break, summer, or overnight):
Gather as much information as possible from both parents about their agreed custody arrangement. Based on the information you receive, determine eligibility as you would for any WCCC applicant.
If a parent is paying child support and the child come to visiting them for the summer, allow the deduction for the child support paid and authorize WCCC if the family qualifies.
EXAMPLE 1
Nick and Gwen
are divorced and have 3 children. Nick has primary custody and the
children visit Gwen one week a month. Both Nick and Gwen work and are
financially eligible for WCCC as separate households. Gwen pays child
support to Nick.
Both parents
can apply and be eligible for WCCC as separate households. The
amount of care they are eligible for is based on their individual work
schedules.
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EXAMPLE 2
Joe and Lilly
have mutual children but are not married and do not live together. Joe is
eligible for 115 hours of care Monday-Wednesday. Approve WCCC for Joe for
22 units.
Joe reports
that the children spend every Thursday and Friday with their mom who works
Sunday-Wednesday. Lilly applies for WCCC and wants care for Thursday and
Friday when she does not work. Deny Lilly as she does not work on the days
she is requesting care.
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EXAMPLE 3
Julie and Juan have 2 mutual children. The children live with Juan and receive WCCC. Julie, who lives in another town, will have the children during spring break week.
Julie works Monday through Friday. She applies for WCCC to cover the time she will be working and is determined eligible. Authorize child care for the week the children are with Julie.
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See D. - Allowable Activities for WCCC
Consumers for information about consumers who are self-employed and
who are not in approved activities.
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