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:
-
An approved WorkFirst
activity under WAC
388-310-0200;
-
Employment or self
employment. 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; or
-
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).
-
Transportation time between
the location of child care and your place of employment or approved
activity;
-
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
-
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:
-
Employment or self
employment under WAC
388-290-0050. 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; or
-
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;
-
VISTA volunteers,
Americorps, and Washington Service Corps (WSC) if the income is taxed.
-
High school or general
equivalency diploma (GED) program until you reach your twenty second
birthday.
-
Same day job search if you
are a TANF applicant;
-
The food stamp employment
and training program under chapter
388-444 WAC;
-
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:
-
Working:
-
Twenty or more hours per
week; or
-
Sixteen or more hours per
week in a paid federal or state work study program.
-
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.
-
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
-
College work study:
If the consumer wants child care authorized:
For both class time and work study hours, they must participate in work study at least 16 hours per week.
Only for the time they are in work study, there is no minimum hour requirement.
-
Education and training
programs:
-
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.
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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:
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.
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.
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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.
-
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.
-
A consumer does not need to make minimum wage
to be eligible for WCCC.
-
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.
-
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.
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Working for a WCCC consumer as a In home/Relative child care provider is considered employment. The child care provider can apply for WCCC.
-
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.
-
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:
-
TANF clients who are 18 and 19 years old and temporarily
deferred from work requirements due to participation in HS/GED activities; or
-
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.
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.
-
Internships and
practicums:
-
TANF
recipients: See WAC 388-310-1000
(2)(c) - WorkFirst Vocational education.
-
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:
-
Paid
and equals 20 or more hours a week, or
-
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.
-
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.
|
-
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)
-
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:
-
If the TANF case is put into pending, authorize
the care for no longer than the end date of that pending period.
-
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.
-
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. |
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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.
-
Sanction-WorkFirst:
The consumer is
In WorkFirst sanction or Child SafetyNet Payment status, and is:
-
In their cooperation period and meeting
WorkFirst requirements prior to being placed back on the TANF grant.
-
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.
-
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:
-
Tribe must inform DSHS of
the approved hours of Tribal "WorkFirst" participation; or
-
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.
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-
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.
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.
- 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;
- 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.
- If you get TANF and are self employed:
- You must have an approved self employment plan under WAC
388-310-1700;
- The amount of WCCC you get for self employment is equal to the
number of hours in your approved plan; and
- Income from self employment while you are receiving TANF is
determined by WAC
388-450-0085.
- If you don't get TANF at the time of application for WCCC and it
is a:
- New self employment business (established less than six
months):
- 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
- Your self employment income is based on WAC
388-290-0060.
- 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:
- Your work hours reported in your business records; or
- 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).
- 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:
-
Be working at least 32 hours a week at the
business;
-
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
-
Have their self-employment plan approved by the
local business resource center.
Non-TANF recipients pursuing self-employment must:
-
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.
-
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).
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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.
-
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.
-
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.
-
Your household may be
eligible for payment described in subsection (2) of this section:
-
Twice in a calendar
year;
-
For the same number of
units open while you were in the approved activity, not to exceed
two hundred thirty hours a month;
-
If you report the loss
of activity or employment timely following WAC
388-290-0031; and
-
If you receive WCCC
immediately before the loss of employment or approved activity,
and:
-
Your employment, or the
approved activity, will resume within that period; or
-
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
-
If the consumer uses any care during an authorized "gap" it is counted as one of their two allowable "gaps" per year.
-
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.
-
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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