WSR 03-22-061

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed November 3, 2003, 3:55 p.m. ]

Date of Adoption: October 30, 2003.

Purpose: The department is amending the rule to be consistent with federal regulations for food stamp expedited service.

Citation of Existing Rules Affected by this Order: Amending WAC 388-406-0015.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090.

Adopted under notice filed as WSR 03-19-069 on September 12, 2003.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Effective Date of Rule: Thirty-one days after filing.

October 30, 2003

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3285.4
AMENDATORY SECTION(Amending WSR 02-20-068, filed 9/30/02, effective 10/31/02)

WAC 388-406-0015   Can I get Basic Food ((assistance)) right away?   (1) When the department gets your Basic Food ((assistance)) application, we look at your circumstances to see if you can get benefits within five calendar days. This is called "expedited service."

(2) To get expedited service, you must provide proof of who you are and meet one of ((these three)) the following conditions:

(a) ((You)) Have ((available cash of one hundred dollars or less and have)) gross monthly income (before taxes), minus exclusions as defined in WAC 388-450-0015, of under one hundred fifty dollars and have available cash of one hundred dollars or less; or

(b) ((Your)) Have gross monthly income (before taxes), minus exclusions as defined in WAC 388-450-0015, plus available cash ((is)) of less than ((the)) your total ((of your)) shelter costs ((such as your)) (rent or mortgage and utilities); or

(c) ((You are)) Be a destitute migrant or seasonal farm worker household, ((as defined in)) under WAC 388-406-0021, and your household's available cash ((does not exceed)) is one hundred dollars or less.

(3) To determine the amount of utilities ((to)) we use to decide if you can get expedited services, we allow((:

(a) The appropriate)) the utility allowance your AU is eligible for under WAC 388-450-0195((, if you have heating or cooling costs and the appropriate utility allowance is greater than the amount you pay; or

(b) The amount you pay, if it is greater than the appropriate utility allowance)).

(4) If you are eligible for expedited service and are not required to have an office interview under WAC 388-452-0005, you can:

(a) Have a telephone interview or a home visit; and

(b) Still get benefits within five days.

(5) If you are ((an applicant)) applying for Basic Food, "day one" of your five-day expedited service period starts on the:

(a) Day after the date you filed your application ((is filed)); ((or))

(b) ((Date of the rescheduled interview when you are screened as expedited service eligible but do not show up for your initial interview; or

(c))) Date you are released from a public institution; or

(((d))) (c) Date of your interview ((when)) if you:

(i) ((Waive)) Waived your expedited interview and we decide you are ((found)) eligible for expedited service during your rescheduled interview; or

(ii) ((Are)) Were screened as ineligible for expedited service and we later ((found)) decide you are eligible for the service during your interview; or

(iii) ((Do not request)) Did not ask for expedited service on the application and ((are found)) we decide you are eligible for the service during your interview.

(6) If you get expedited service ((and are found eligible for food assistance)), we give you benefits for ((no more than two months. If we give you benefits and we)) one or two months depending on when you applied. If we need additional information to decide if you are eligible for continued benefits and you applied:

(a) On or before the fifteenth of the month, you have up to thirty days from the date ((you applied)) of application to give us the information; or

(b) On or after the sixteenth of the month, you have until the end of the second month to give us the information.

(7) If you have received expedited service in the past, you can get this service again if you meet the requirements listed in subsection (2) above and you:

(a) Gave us all the information we needed to prove eligibility for your last expedited service benefit period; or

(b) Were certified under normal processing standards after your last expedited certification.

(8) If you reapply ((and request expedited service)) before your certification period ends, you are not eligible for expedited service.

(9) If you reapply after your certification period ends ((and request expedited service,)) your five-day expedited service period is the same as a new application.

(10) If you are denied expedited service, you can ask for a department review of ((your case)) our decision. We review the decision within two working days ((from the date we denied you expedited service)).

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and 20 C.F.R. 416.2130. 02-20-068, 388-406-0015, filed 9/30/02, effective 10/31/02. Statutory Authority: RCW 74.04.510 and 74.08.090. 01-18-036, 388-406-0015, filed 8/28/01, effective 10/1/01. Statutory Authority: RCW 74.04.510 and Section 11 (e)(9) of the Food Stamp Act. 00-06-015, 388-406-0015, filed 2/22/00, effective 4/1/00. Statutory Authority: RCW 74.08.090 and 74.04.510. 99-16-024, 388-406-0015, filed 7/26/99, effective 9/1/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-406-0015, filed 7/31/98, effective 9/1/98.]

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