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Working Connections Child Care (WCCC) Manual  

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approvable consumers and activities


D.  Allowable Activities for WCCC Consumers

Revised: April 10, 2006


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


Effective May 28, 2004

WAC 388-290-0040 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.

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

Effective May 28, 2004

WAC 388-290-0045  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?

 If you do not receive TANF, you may be eligible for WCCC benefits for up to sixteen hours maximum per day for the hours of your participation or enrollment in the following:

  1. Employment or self employment under WAC 388-290-0050. 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), unless you meet requirements in subsection (2) of this WAC;

    3. VISTA volunteers, Americorps, and Washington Service Corps (WSC) if the income is taxed.

  2. High school or general equivalency diploma (GED) program until you reach your twenty second birthday.

  3. Same day job search if you are a TANF applicant;

  4. The food stamp employment and training program under chapter 388-444 WAC;

  5. Adult basic education (ABE), English as a second language (ESL), high school/GED, vocational education, or job skills training or other program under WAC 388-310-1000, 388-310-1050, 388-310-1200, or 388-310-1800, and you are:

    1. Working:

      1. Twenty or more hours per week; or

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

    2. Participating in post secondary education for no longer than thirty-six months. Child care for post secondary education in this section is limited up to thirty-six months maximum regardless of the length of the school program. The thirty-six months includes months you attended post secondary education, supported by WCCC, while receiving TANF.

  6. WCCC may be approved for activities listed in WAC 388-290-0040 (3) through (5), when needed.

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

Clarifying information

  1. College work study: If the consumer wants child care authorized:

    1. For both class time and work study hours, they must participate in work study at least 16 hours per week.

    2. Only for the time they are in work study, there is no minimum hour requirement.

  2. Education and training programs:

    1. Consumers who are working 20 hours or more each week, 16 hours each week if the employment is work study, may receive child care to participate in education and training programs. A consumers can combine work study and work hours to equal a minimum of 20 when the minimum of 16 hours of work study are not met.

    2. The community or technical college must be accredited and the courses must be part of a vocational program that leads to a degree or certificate in a specific job or skill. If the consumer is:

      1. TANF, the activity must be approved by the WorkFirst program specialist (WFPS). A TANF client, is limited to participate in a voc ed program for a maximum of 12 months.

      2. Non-TANF, they must attend an accredited community or technical college. The consumer may be asked to turn in their school schedule to verify their vocational education. The classes must meet WAC 388-290-0045(5). For a non-TANF consumer, the maximum amount of care authorized for education and training is a total of 36 months (This includes any monthe while on TANF).

    We do not monitor for satisfactory progress in educational activities. If there is a question about actual attendance in the classes, request the WCCC consumer (student) provide an official school attendance document. If the documentation is not received, the AW can take appropriate action such as: processing an overpayment, adjusting the authorization, or sending a termination. If the supplied information is questionable, confusing, or outdated, request official school enrolment and schedule documents.

  3. Employment: Consumers do not have to actually file taxes for their employment to be considered employment. However the activity must be legal, income generating, and the income taxable.

    1. According to WAC 388-290-020(1)  Consumers "might be eligible for WCCC" if they are employed at a child care center and not providing direct care to their own children.

    2. A consumer does not need to make minimum wage to be eligible for WCCC.

    3. Consumers who request child care just for employment do not have to work a minimum number of hours per week. For example: An applicant who only works 12 hours a week may receive WCCC.  This includes consumers who are requesting child care for work study hours only.

    4. Refer to the self employment under the Clarifying Information under WAC 388-290-0050. TANF consumers must have their self employment plan approved by their WFPS to be considered for WCCC eligibility.

    5. Working for a WCCC consumer as a In home/Relative child care provider is considered employment. The child care provider can apply for WCCC.

  1. Food Stamp Employment and Training (FS E&T) participants: Referred by Employment Security staff after they have been determined eligible. FS E&T activities consist of job search and educational activities deemed appropriate by Employment Security staff. See chapter 388-444 WAC.

  2. High School/GED completion:  High school and GED (HS/GED) programs administered through high schools (Office of Superintendent of Public Instruction, OSPI) or the community and technical colleges (Community Trade and Economic Development, CTED) are accepted by and transferable to higher education programs in Washington. Therefore, WCCC can be authorized for consumers who are enrolled in HS/GED programs administered by OSPI or CTED.

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

    1. TANF clients who are 18 and 19 years old and temporarily deferred from work requirements due to participation in HS/GED activities; or

    2. Non-TANF consumers completing a high school or a GED program who are under 22 years of age. They do not need to be employed. This includes consumers with child only grants.

  3. We do not monitor for satisfactory progress in educational activities. If there is a question about actual attendance in the classes, request the WCCC consumer (student) provide an official school attendance document. If the documentation is not received, the AW can take appropriate action such as: processing an overpayment, adjusting the authorization, or sending a termination. If the supplied information is questionable, confusing, or outdated, request official school enrolment and schedule documents.

  4. Internships and practicums:

    1. TANF recipients: See WAC 388-310-1000 (2)(c) - WorkFirst Vocational education.

    2. Non-TANF recipients will be eligible for WCCC while participating in an internship or practicum, (not limited to 12 months) if the internship or practicum is linked to Vocational Education as defined in WAC 388-310-1000 (1) and:

      1. Paid and equals 20 or more hours a week, or

      2. Unpaid and the consumer has outside employment of 20 or more hours a week, or 16 or more hours in a Work Study job, and the internship or practicum.

  5. IRP activities: WAC 388-310-0200 lists the approved WorkFirst activities. Section, (2)(l) states: "Other activities identified by your case manager on your individual responsibility plan that will help you with situations such as: drug and / or alcohol abuse, homelessness, or mental health issues". If the case manager has included approved activities such as: medical appointments, AA meetings, or looking for housing in the IRP: WCCC can cover those activities as long as the consumer meets other eligibility requirements. The WFPS may list some activities on the IRP for tracking only this does not mean the activity is "approved/approvable". If a consumer has a history of inconsistent participation or lack of participation in the WorkFirst program a shorter time period may be authorized or a tickle may be set for the component end date.

EXAMPLE

Mark is a single parent and a mandatory TANF WorkFirst participant and has 2 children (8 and 2). He is currently has a back problem and is scheduled for surgery. He is unable to work at this time. His case manager includes his Doctor appointments and other medical needs in his IRP as approved activities. Mark is eligible for WCCC for the approved activities listed in his IRP.

NOTE:

A consumer may claim or a Doctor state the consumer is unable to care for their child at all. In such cases, a referral to Children's Administration may be appropriate to see if there are any programs the consumer may be eligible for. WCCC may not be an appropriate program for this family.

  1. Post-Employment services:  These services are designed to help keep current and former WorkFirst participants employed, attached to the labor market and gaining skills to help them increase their wages.  (See WorkFirst chapter 4.1)

  2. Same day job search: 'Same Day Job Search' refers to approving a TANF applicant for WCCC during their application period for same day job search. It does not refer to the length of eligibility for the job search child care. Refer to the following guidelines when authorizing care for same day job search:

    1. If the TANF case is put into pending, authorize the care for no longer than the end date of that pending period.

    2. If we have history that indicates this applicant has not shown stable activity or participation, a 2-4 week time period may be appropriate. Remember that the client will be subject to a review by the case manager at 4 weeks and 12 weeks if they have not found a job yet.

    3. Requests for benefits for TANF must be processed within 30 days of receipt. This 30 day window could be used as a guideline for the child care authorization since most of these cases will have had a determination made for benefits by that time.

NOTE:

Consider deadline days and review timelines any time care is approved for a short time period or does not end on the last day of the month.

 

  1. Sanction-DCS:  The consumer is in sanction due to non-cooperation with the Division of Child Support, but still has a child on the TANF grant. These recipients must still meet WorkFirst participation requirements. WCCC can cover approved activities as listed in the consumer's IRP.

  2. Sanction-WorkFirst: The consumer is In WorkFirst sanction or Child SafetyNet Payment status, and is:

    1. In their cooperation period and meeting WorkFirst requirements prior to being placed back on the TANF grant.

    2. Working.  The consumer can get WCCC for work related hours even if they are not working enough hours to remove the sanctions or Child SafetyNet.

  3. Tribal TANF approved activities or employment: Certain tribes in Washington have chosen to offer TANF grants and manage their own type of WorkFirst program. A tribal member receiving tribal TANF must participate according to the specific Tribal requirements. These requirements may not be the same as those for 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 is subject to WCCC rules regarding family, income, copayments, etc. and:

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

    2. Recipient, if employed, must provide DSHS with 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. Jack and Susan are requesting WCCC for the IRP activity.

Jack and Susan are meeting WCCC activity requirements because they are in approved Tribal TANF activities. However, the AW would need to look at other WCCC rules, regarding family size, income, etc. to determine if Jack and Susan are eligible for WCCC.

The tribe may elect to 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.

  1. VISTA volunteers, Americorps and Washington Service Corps (WSC): These applicants may receive WCCC if they are receiving taxable income from VISTA, Americorps or WSC and are otherwise eligible.


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 388-290-0050  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 388-290-0060.
    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.
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

clarifying information

TANF recipients pursuing self-employment must:

  1. Be working at least 32 hours a week at the business;

  2. Have business income that is equal to the minimum wage (state or federal, whichever is higher) times 32 hours a week after the business expenses are subtracted; and

  3. Have their self-employment plan approved by the local business resource center.

Non-TANF recipients pursuing self-employment must:

  1. Have an established income generating business which the consumer has been engaged in for 6 or more months at the time of application. The consumer must meet the income guidelines for WCCC. If the consumer can verify the self-employment business has been established for the last 6 months, it is considered a new self-employment business.

  2. Consumers are allowed the calculation in 388-290-0050(4)(a) one time only (per household). If there is a gap between applications or a change in the type of self-employment, the next time they apply for WCCC as a self-employed consumer, their hours and income are calculated as described in 388-290-0050(4)(c). The self employment activity information can be entered into the “FLAG” screen in WCAP to keep track of when this allowable calculation has been used.

EXAMPLE 1

Jack has received WCCC for his self-employment for the past 6 months. His case is up for review and he is indicating that 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 that the first-six-month rule for self-employment should be applied for this new application.

Jack is not eligible to receive WCCC based on the first-six-month rule. The number of hours of child care he can receive is based on WAC 388-290-0050(4)(b).

EXAMPLE 2

William is self-employed as a gardener from April-September (6 months) and he has received WCCC for this activity. He works as an employee at an auto shop from October-March (6 months) and he also received WCCC for this activity. William now is self-employed as a mechanic and he believes the first-six-month rule for self-employment should be applied to this new self-employment.

William is not eligible to receive benefits based on the first-six-month rule. The number of hours of child care he can receive is based on WAC 388-290-0050(4)(c).

EXAMPLE 3

Martha is a self-employed massage therapist and receives WCCC. After 4 months she calls to report she is no longer working as a massage therapist and requests her WCCC to close. 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 388-290-0050(4)(a) for two months.

consumers In activities that are not approved

Effective May 28, 2004

WAC 388-290-0055  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 388-290-0040 or 388-290-0045.

  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 388-290-0031; 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.

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

clarifying information

  1. If the consumer uses any care during an authorized "gap" it is counted as one of their two allowable "gaps" per year.

  2. Care is authorized at the same type of unit and number of unit, not to exceed 22, as the consumer was previously authorized. For example, if the consumer was approved for 15 half days, authorize a total of 15 half days for the "gap" activity.

  3. Occasionally, consumers may request child care coverage for an activity not listed in WAC. Handle these requests by exploring with the consumer other child care resources such as from Division of Vocational Rehabilitation or Child Protective / Welfare Services. Additionally, the process of submitting a Rule Exception Request or RER (DSHS 05-010) is available.

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. WCCC can not be authorized. The "gap" WAC would only apply if he was going back to work within 28 days.

EXAMPLE 2

Maria has a medical condition and she will need to temporary stop working. She thinks she will be back to work in about 2 or 3 weeks. Authorize WCCC to cover the "gap".

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

 

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