WSR 99-02-039

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

[Filed December 31, 1998, 10:41 a.m.]



Date of Adoption: December 31, 1998.

Purpose: Adds electronic benefit transfer as a method of payment for cash and food assistance benefits for public assistance recipients.

Citation of Existing Rules Affected by this Order: Amending WAC 388-412-0005, 388-412-0020, 388-412-0030, 388-412-0035, 388-412-0045, and 388-460-0010.

Statutory Authority for Adoption: RCW 74.04.510, 74.08.090, 74.04.055, and 74.04.057.

Other Authority: S. 825, Public Law 104-193, Personal Responsibility and Work Opportunity Reconciliation Act of 1996.

Adopted under notice filed as WSR 98-23-094 on November 18, 1998.

Changes Other than Editing from Proposed to Adopted Version: Only made changes to clarify text.

Number of Sections Adopted in Order to Comply with Federal Statute: New 1, amended 5, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 1, amended 5, repealed 0.

Effective Date of Rule: Thirty-one days after filing.

December 31, 1998

Marie Myerchin-Redifer

Manager

SHS-2497.3

AMENDATORY SECTION (Amending WSR 98-16-044, filed 7/31/98, effective 9/1/98)



WAC 388-412-0005  General information about ((C)) cash assistance payments. (1) Eligible clients may receive cash assistance ((payments, the state issues a warrant which looks similar to a check.

(1))) by ((the following methods:

(a) E)) electronic benefit transfer (EBT)((;)) or

(((b))) warrants.

(2) Each separate assistance unit receives a separate cash benefit grant, even if there are multiple assistance units in the same residence.

(((2))) (3) A married couple who both receive any general assistance benefit must be considered one assistance unit. However, cash payments are made individually and will not exceed one half of the two-person GA-U standard.

(((3))) (4) Grants are rounded down to the next whole dollar amount with the following exceptions:

(a) Clothing and personal incidental (CPI) allowance; and

(b) Grants with a deduction for repayment of an overpayment.

(((4))) (5) Grant payments are not issued for under ten dollars except:

(a) Grants with a deduction for repayment of an overpayment;

(b) CPI allowances with income deducted; or

(c) Supplemental Social Security (SSI) interim assistance payments.



[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-412-0005, filed 7/31/98, effective 9/1/98.]



Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.



AMENDATORY SECTION (Amending WSR 98-16-044, filed 7/31/98, effective 9/1/98)



WAC 388-412-0020  ((Mail)) How ((delivery of)) cash assistance benefits ((issuances)) are delivered. Depending on the circumstances of the assistance unit, the department decides when cash assistance ((B)) benefits are:

(1) Mailed by warrant to the address where clients live except when:

(((1))) (a) The department redirects the benefit issuance to the local office;

(((2))) (b) The department has established there are problems with receiving mail at the client's address;

(((3))) (c) A client requests in writing that the benefit issuance be mailed to the local office, such as a homeless client without an address; or

(((4))) (d) A client requests that the benefit issuance be sent to a temporary address for less than ninety days.

(2) Deposited directly into an electronic benefit transfer account.



[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-412-0020, filed 7/31/98, effective 9/1/98.]



Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.



AMENDATORY SECTION (Amending 98-16-044, filed 7/31/98, effective 9/1/98)



WAC 388-412-0030  Returning a warrant. (1) A person who has possession of a warrant payable to a deceased payee must return the warrant to the department for cancellation.

(2) A person who has possession of a warrant payable to an assistance unit payee who has left the home and is not likely to return during the month to endorse the warrant, must return the warrant to the CSO. (((3))) The warrant ((will)) may be reissued to another eligible payee for the assistance unit.



[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-412-0030, filed 7/31/98, effective 9/1/98.]



AMENDATORY SECTION (Amending WSR 98-16-044, filed 7/31/98, effective 9/1/98)



WAC 388-412-0035  Loss, theft, destruction or nonreceipt of a warrant issued to clients and vendors. The following applies to replacements of warrants issued to clients and to vendors ((on behalf of clients)).

(1) The department does not replace a warrant or the cash proceeds from a warrant which was endorsed by a client or vendor.

(2) Clients or vendors asking for a replacement of a warrant which was not endorsed by them must:

(a) Complete a notarized ((statement called an)) affidavit;

(b) Provide all facts surrounding the loss, theft, destruction or nonreceipt of the warrant; and

(c) File a report with the police or the post office, as appropriate.

(3) If a client is eligible to receive a replacement, the warrant is issued:

(a) On or before the tenth of the month in which the warrant was due; or

(b) Within five working days of the date the decision is made to replace the warrant, whichever is later.

(4) A client or vendor is issued the full amount of the original warrant if the warrant is replaced.



[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-412-0035, filed 7/31/98, effective 9/1/98.]



NEW SECTION



WAC 388-412-0045  General information about cash and food assistance issued by ((Issuing benefits using)) electronic benefits transfer.

(1) ((Benefits are issued by electronic benefits transfer (EBT). This means benefits are deposited into an EBT account)) The department may decide which assistance unit gets cash assistance payment by warrant or EBT.

(2) All food assistance benefits are issued by EBT.

(3) The department ((does not replace benefits which have been deposited into an electronic benefit account and are available to the client. The benefits are considered to be cash)) establishes an EBT account for each assistance unit and provides information about how to use the account.

(((3))) (4) EBT benefits reported lost or stolen are replaced for the amount of the loss only when:

(a) The department makes an error that causes a loss of benefits; or

(b) Both the EBT card and personal identification number (PIN) are stolen from the mail; and

(c) The client never had the ability to access the benefits; and

(d) The loss is reported within ten days from the date the client became aware of the loss.

(((4))) (5) The ((replacement is the amount of the loss)) department does not replace benefits which have been deposited into an electronic benefit account and are available to the client. The benefits are considered to be cash or coupons.

(((5))) (6) The EBT account ((will)) becomes inactive when it is not used for ninety days. After ninety days, the client must ask the department to reactivate the account to use the benefits.

(((6))) (7) ((EBT)) Food assistance benefits are canceled and will not be replaced when the EBT ((food assistance)) account is not used for two hundred seventy days.

(((7))) (8) ((The client may ask the department to convert EBT food assistance benefits to food coupons when the client moves to an area where EBT benefits cannot be used. After food assistance benefits are converted, any remaining benefits in the EBT account are canceled if not used within seven days from the date of conversion)) If a client moves to an area where EBT benefits cannot be used, the client may ask the department to convert EBT food assistance benefits to food coupons. Because food coupon books are certain values, there may be a small amount left in the EBT account after converting the benefits. If the remaining benefits are not used within seven days from the date of conversion, the remaining benefits will be canceled.



[]



Reviser's note: The unnecessary underlining and deletion marks in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

SHS-2494.2

AMENDATORY SECTION (Amending WSR 98-16-044, filed 7/31/98, effective 9/1/98)



WAC 388-460-0010  Food assistance authorized representative--Treatment centers and group homes. (1) Residents in group homes may choose to have food assistance benefits authorized as follows:

(a) On their own behalf;

(b) Through an authorized representative of their choosing; or

(c) Through a facility acting as authorized representative.

(2) Residents in chemical dependency treatment centers are required to have a designated employee of the facility act as an authorized representative.

(3) The authorized representative for residents in a chemical dependency treatment center or a group home must:

(a) Be aware of the resident's circumstances;

(b) Notify the department of any changes in income, resources or circumstances within ten days of the change; ((and))

(c) Use the resident's food assistance benefit allotment for meals served to the resident((.)); and

(d) Maintain enough benefits in the facility electronic benefits transfer (EBT) account to allow the department to transfer one-half of a client's monthly allotment to the client's own account. The client is entitled to one-half of the food assistance benefits when the client leaves the facility on or before the fifteenth of the month.

(4) When assigning an employee as the authorized representative for residents, a facility accepts responsibility for:

(a) Any misrepresentation or intentional program violation; and

(b) Liability for food assistance benefits held at the facility on behalf of the resident.



[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-460-0010, filed 7/31/98, effective 9/1/98.]

Legislature Code Reviser 

Register

Washington State Code Reviser's Office