WAC 388-484-0010

Effective February 1, 2011

WAC 388-484-0010 How does the five year (sixty-month) time limit for TANF, SFA and GA-S apply to adults living in Indian country?

1. If you are an adult living in Indian country, months of temporary assistance for needy families (TANF), state family assistance (SFA) and general assistance for pregnant women (from May 1, 1999 to July 31, 1999) do not count towards the time limit under certain circumstances.  

Months of cash assistance received do not count against the sixty-month lifetime limit while you are an adult living in Indian country or an Alaskan Native village where at least fifty percent of Indian adults are not employed.

2. Where must I live to qualify for the Indian country exemption to time limits?

To qualify for this exemption to TANF time limits, you must live in "Indian country."  The department uses the "Indian country" definition in federal law at 18 U.S.C. 1151.  Indian country is defined as reservations, dependent Indian communities, and allotments.  Dependent Indian communities must be set aside by the federal government for the use of Indians and be under federal superintendence.  Near reservation areas (areas or communities adjacent or contiguous to reservations) are not considered Indian country for the purposes of this exemption.

3. How does the department determine if at least fifty percent of adults living in Indian country are not employed?

The department uses the most current biennial Indian Service Population and Labor Force Estimates Report published by the Bureau of Indian Affairs (BIA), or any successor report, as the default data source to determine if the not employed rates for areas of Indian country are at least fifty percent.

4. What if a tribe disagrees with the not employed rate published in the BIA Indian Service Population and Labor Force Estimates Report?

A tribe may provide alternative data, based on similar periods to the Indian Service Population and Labor Force Estimates Report, to demonstrate that the not employed rate is at least fifty percent.

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.