WSR 03-18-113

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed September 2, 2003, 5:26 p.m. , effective November 1, 2003 ]

Date of Adoption: August 28, 2003.

Purpose: Amend WAC 388-452-0005, to clarify when clients do not need an interview, when a phone interview is acceptable, and when they must have a face-to-face interview.

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

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510.

Other Authority: 7 C.F.R. 273.2(e).

Adopted under notice filed as WSR 03-15-026 on July 8, 2003.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 1, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Effective Date of Rule: November 1, 2003.

August 28, 2003

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3264.1
AMENDATORY SECTION(Amending WSR 02-14-023, filed 6/21/02, effective 7/1/02)

WAC 388-452-0005   Do I have to be interviewed in order to get benefits?   (1) 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)) an 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)) do not have to attend an interview ((when your application or review is just for)) if you are applying for or recertifying medical benefits only. If we deny your application for cash or Basic Food ((assistance)) because you did not ((appear for)) have an interview, we continue to process your request for medical benefits((:

(a) If you are pregnant;

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

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

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

(3) You will have just one interview even ((when you apply)) if you are applying for or have a review for benefits from more than one ((assistance)) program.

(4) If ((you are)) we do not ((interviewed)) interview you 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 outside of our scheduled business hours, 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)) ask for another interview within thirty days of the date ((of your application)) you applied for benefits, we schedule a second interview for you.

(7) ((You or another person)) If you must have an interview for benefits, you or someone who can give us the information we need about your AU must ((attend)) participate in the interview. You may bring ((another)) any person ((to the interview.)) you ((may)) choose ((another person to go)) to ((the)) your 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)).

(8) You may choose someone to take your place in your interview:

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

(b) For Basic Food if the person is your authorized representative as described in WAC 388-460-0005.

(9) We usually have interviews at the local office. You can have a scheduled telephone interview ((or an interview in your home if attending)) if there is any reason you cannot attend an interview at the local office ((causes a hardship for you or your representative)). Examples of ((hardships)) reasons you may be unable to attend an interview include 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 AU is ill, or you have to stay home to care for an AU member;

(e))) Your work or training ((hours)) schedule make it ((difficult to come into the office)) inconvenient for you to attend an in-office interview during regular business hours;

(((f))) (b) You are unable to take time off of work to attend an in-office interview, because you would not get paid for this time or you fear you could lose your job;

(c) Someone in your AU is ill, or you have to stay home to care for an AU member;

(d) You are having transportation problems;

(e) You can't safely get to the office because of severe weather;

(f) You live in a remote area and can't easily get to the local office;

(g) All the people in your AU are elderly, mentally disabled, or physically disabled;

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

(((g))) (i) You have any other ((problem which would make)) situation that makes it difficult for you to come into the office for an interview.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 74.08.090. 02-14-023, 388-452-0005, filed 6/21/02, effective 7/1/02. Statutory Authority: RCW 74.04.050, 74.04.057, 74.08.090, and 74.09.530. 01-14-060, 388-452-0005, filed 6/29/01, effective 8/1/01; 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.]

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