WSR 01-14-060

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

(Division of Employment and Assistance Programs)

[ Filed June 29, 2001, 4:02 p.m. , effective August 1, 2001 ]

Date of Adoption: June 29, 2001.

Purpose: Incorporates into rule the following federal law changes:

1. Clients must have face-to-face interviews at initial certification and at least once every twelve months if they are certified for twelve months or less unless they meet certain hardship criteria or are applying for medical only.

2. If clients are not interviewed on the day the department gets the application the department must schedule an interview the same day it gets the application or the next business day if received on a holiday or a weekend.

3. Clients who miss their first interview and request another interview within thirty days of the date of the application must be scheduled for a second interview.

Citation of Existing Rules Affected by this Order: Amending WAC 388-452-0005.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.057, 74.08.090, and 74.09.530.

Adopted under notice filed as WSR 01-10-065 on April 27, 2001.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Effective Date of Rule: August 1, 2001.

June 29, 2001

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

2937.1
AMENDATORY SECTION(Amending WSR 00-22-087, filed 10/31/00, effective 12/1/00)

WAC 388-452-0005   Do I have to be interviewed in order to get benefits?   (1) ((You will have only one interview when you apply for or have a review for cash or food assistance or both)) Unless you are applying for medical only or meet certain hardship criteria listed in subsection (8) below, you or your authorized representative must have a face-to-face interview with the department:

(a) At initial certification; and

(b) At least once every twelve months if your assistance unit (AU) is certified for twelve months or less.

(2) You are not required to attend an interview when your application or review is just for medical benefits. If we (the department) deny your application for cash or food assistance because you did not appear for an interview, we will continue to process your request for medical benefits:

(a) ((For a)) If you are pregnant ((woman));

(b) ((For)) If you are a child under the age of nineteen;

(c) ((For)) If you have a family with children under the age of nineteen; or

(d) ((When)) If we have enough information to determine if you are eligible or can get the information by mail.

(3) You will have only a single interview even when you apply for or have a review for more than one assistance program.

(4) If you are not interviewed on the same day that we get your application, we schedule an interview appointment for you. We schedule your appointment the day we get your application or on the next business day if we get your application on a holiday or a weekend.

(5) We schedule an interview so your AU has at least ten days after the interview to provide needed verification:

(a) Before the end of the thirty-day processing period for applications; or

(b) Before your certification period ends for eligibility reviews.

(6) If you miss your first interview and request another interview within thirty days of the date of your application for benefits, we schedule a second interview for you.

(7) You or another person who can give information about your ((assistance unit)) AU must attend the interview. You may bring another person to the interview. You may choose another person to go to the interview for you when:

(a) You cannot come to the local office for us to decide if you are eligible for cash assistance; or

(b) You have an authorized representative as described in WAC 388-460-0005 for food assistance.

(((4))) (8) We usually have interviews at the local office. You can have a scheduled telephone interview or an interview in your home if attending an interview at the local office causes a hardship for you or your representative. Examples of hardships include:

(a) If your entire assistance unit is elderly or mentally or physically disabled;

(b) If you live in a remote area or have transportation problems;

(c) Severe weather;

(d) If someone in your ((assistance unit ())AU(())) is ill, or you have to stay home to care for an AU member;

(e) Your work or training hours make it difficult to come into the office during regular business hours;

(f) Someone in your AU is affected by family violence such as physical or mental abuse, harassment, or stalking by the abuser; or

(g) Any other problem which would make it difficult for you to come into the office for an interview.

[Statutory Authority: RCW 74.04.050, 74.04.057, 74.08.090, and 74.09.530. 00-22-087, 388-452-0005, filed 10/31/00, effective 12/1/00. Statutory Authority: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.530 and 42 C.F.R. 435.907. 99-11-075, 388-452-0005, filed 5/18/99, effective 6/18/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-452-0005, filed 7/31/98, effective 9/1/98. Formerly WAC 388-504-0420.]

Washington State Code Reviser's Office