Section 170-290-0022. Eligibility—Resources.

(1) Effective October 1, 2016, to be eligible for WCCC, the consumer applying or receiving benefits must have countable resources less than one million dollars. The resources count if:

(a) The consumer has control over the resource;

(b) The consumer could legally sell the resource or convert it into cash;

(c) The resource belongs to the consumer or dependents that are part of the household and applying for or receiving WCCC.

(2) Resources that count include both liquid and nonliquid resources:

(a) Liquid resources easily convert into cash. Some examples of liquid resources include:

(i) Value of all bank accounts;

(ii) Cash on hand;

(iii) Money market accounts, IRAs, certificate of deposits (CDs), stocks, bonds, annuities, mutual funds less early withdrawal penalties including taxes;

(iv) Available trust accounts;

(v) If a consumer owns a resource with someone not part of his or her household, we count the portion of the resource that the consumer owns.

(b) Nonliquid resources do not easily convert to cash. Some examples of nonliquid resources include:

(i) Value of any additional vehicles not excluded. Vehicle value determined by applying WAC 388-470-0075;

(ii) A house the consumer does not live in or intend to return to;

(iii) Property the consumer does not live on.

(3) Excluded resources include:

(a) Legal guardians resources;

(b) In loco parentis custodians resources;

(c) Resources with a legal barrier, which include:

(i) Resources tied up in a divorce proceeding;

(ii) Jointly owned resources that the consumer has no clear access to obtain the resource;

(iii) If the consumer cannot overcome the barrier to obtain the resource;

(iv) The consumer must petition the courts for access of the resource;

(v) Making the resource available would place the consumer at risk of harm.

(d) For a one-parent household, one vehicle, defined as a motorized device the consumer can use as a regular means of transportation. For a two-parent household, two vehicles, defined as a motorized device the consumers can use as a regular means of transportation;

(e) One home and the surrounding property the consumer and consumer's dependents live in;

(f) Personal effects;

(g) Household goods;

(h) Life insurance policies, including a policy with cash surrender value;

(i) Federal law resources:

(i) Child nutrition act for Women, Infants, and Children (WIC) including day care and school lunch programs (P.L. 89-642);

(ii) Reimbursement from the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (P.L. 91-646);

(iii) Payments from the Domestic Volunteer Services Act of 1973 (P.L. 93-113);

(iv) Disaster or emergency payments under the Disaster Relief Act of 1974 (P.L. 93-288) from:

(A) Federal Emergency Management Agency (FEMA);

(B) States or local governments; or

(C) Disaster assistance organizations.

(v) Disaster assistance payments to farmers under the Disaster Relief Act of 1974 (P.L. 93-288 as amended by 100-387);

(vi) Home energy assistance payments under the Low-Income Home Energy Assistance Act (P.L. 99-425);

(vii) Housing and Urban Development (HUD) community development block grant funds;

(viii) Title IV financial assistance other than room, board, and dependent care provided by the Higher Education Act (P.L. 99-498 as amended by 100-50);

(ix) Restitution payments under the Civil Liberties Act of 1988 to certain Asian Americans and Aleuts interned during World War II (P.L. 100-383);

(x) Yearly disability payments to veterans or lump sum payments to survivors of a deceased veteran retroactive to January 1, 1989, from the Agent Orange Settlement Fund (P.L. 101-201). These are different funds than those from the Agent Orange Act of 1991, which are not excluded (P.L. 102-4);

(xi) Payments received by an injured person, the surviving spouse, children, grandchildren, or grandparents under the Radiation Exposure Compensation Act (P.L. 101-426);

(xii) Payments to victims of Nazi persecution (P.L. 103-286); and

(xiii) Payments to crime victims from a federal or federally funded state or local program including Washington state crime victims compensation program (P.L. 103-322, section 23022).

(j) Native American resources:

(i) II compensation including cash, stock, partnership interest, land, and interest in land under the Alaska Native Claims Settlement Act (P.L. 92-203 & 100-241);

(ii) Funds held in trust, restricted lands and the first two thousand dollars of each per capita judgment award (P.L. 93-134 as amended by 97-458, 98-64 & 103-66);

(iii) Relocation assistance payments to members of the Navajo and Hopi tribes (P.L. 93-531, section 22);

(iv) Payments to certain Indian tribal members, regarding submarginal land held in trust by the U.S. (P.L. 94-114). Call state office for a list of affected tribes;

(v) Funds distributed per capita or held in trust under the Sac and Fox Indian Claims Agreement (P.L. 94-189);

(vi) Payments from the disposition of funds to the Grand River Band of Ottowa Indians (P.L. 94-540);

(vii) Payments to the Confederate Tribe of the Yakama Indian Nation and the Apache Tribe from the Indian Claims Commission (P.L. 95-433);

(viii) Payments under the Maine Indian Claims Settlement Act of 1980 (P.L. 96-420);

(ix) Payments and certain funds held in trust for Chippewa Indians (P.L. 97-403, 98-102, 99-146, 99-264, 99-346, & 99-377);

(x) Payments under the Puyallup Tribe of Indians Settlement Act of 1989 (P.L. 101-41) as follows:

(A) Annuity fund established by P.L. 101-41 made to a Puyallup Tribal member upon reaching age twenty-one; and

(B) Payments made to a Puyallup tribe member from the trust fund established by P.L. 101-41;

(xi) Payments to the Confederated Tribes of the Colville Reservation Grand Coulee Dam Settlement Act (P.L. 103-436) including:

(A) Real or personal property purchased directly with such funds; and

(B) Appreciation in value of the initial investment.

(xii) Payments to the Blackfeet, Gros Ventre, and Assiniboine tribes, Montana; and the Papag, Arizona (P.L. 97-408 & 98-124);

(xiii) Per capita shares to heirs of two thousand dollars or less under the Old Age Assistance Claims Settlement Act (P.L. 98-500);

(xiv) Financial assistance provided by the Bureau of Indian Affairs under the Higher Education Act (P.L. 99-498 as amended by 100-50);

(xv) Loans provided under the Tribal Development Student Assistance Revolving Loan Program of the Higher Education Act (P.L. 99-498 as amended by 102-325). These payments are counted for SSI-related medical; and

(xvi) Payments under the Seneca Nation Settlement Act (P.L. 101-503).

[Statutory Authority: RCW 43.215.070, chapter 43.215 RCW. WSR 16-19-107, § 170-290-0022, filed 9/21/16, effective 10/22/16.]

RCW 43.215.070, chapter 43.215 RCW. WSR 16-19-107, § 170-290-0022, filed 9/21/16, effective 10/22/16.

Rules

388-470-0075,