Original Notice.

     Preproposal statement of inquiry was filed as WSR 03-15-023 on July 8, 2003.

     Title of Rule: WAC 388-412-0015 General information about your food assistance allotments, 388-412-0020 When do I get my benefits?, 388-412-0025 How do I get my benefits?, 388-412-0040 Can I get my benefits replaced?, 388-460-0001 Who may be issued cash, child care, medical and food assistance benefits?, 388-460-0005 Can I choose someone to apply for Basic Food for my assistance unit?, 388-460-0010 Food assistance authorized representative -- Treatment centers and group homes, and 388-460-0015 Person who may not be an authorized representative for a food assistance unit.

     Purpose: The Division of Employment and Assistance Programs is amending the rules to clarify department policy for allotments, when and how benefits are issued, when replacements are issued and who can be an authorized representative for the Washington basic food program.

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

     Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510.

     Summary: These rules explain how the allotment amounts are determined for basic food, how benefits are issued, and who can be an authorized representative for basic food.

     Reasons Supporting Proposal: These changes are necessary to clarify department rules and allow for consistent statewide application of these rules.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: John Camp, 1009 College S.E., Lacey, WA 98504, (360) 413-3232.

     Name of Proponent: Department of Social and Health Services, governmental.

     Rule is necessary because of federal law, Title 7, Code of Federal Regulations, Parts 273.10, 274.3 and 274.6.

     Explanation of Rule, its Purpose, and Anticipated Effects: Rule: See Title of Rule above.

     Purpose and Effect: See Purpose and Summary above.

     Proposal Changes the Following Existing Rules: See Purpose and Summary above.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposed rule does not have an economic impact on small businesses; it only affects DSHS clients in how benefits are issued, replacement of benefits, and who may be an authorized representative for a client to apply for or receive benefits on a client's behalf.

     RCW 34.05.328 does not apply to this rule adoption. These amendments are exempt as allowed under RCW 34.05.328 (5)(b)(vii) which states in part, "[t]his section does not apply to....rules of the department of social and health services relating only to client medical or financial eligibility and rules concerning liability for care of dependents." This rule adopts federal requirements mandated by Title 7 of the Code of Federal Regulations Part 273 - 273.10 and Part 274 - 274.3 and 274.6 concerning financial eligibility for federal food stamp benefits. The department adopts the same requirements for the state-funded portion of the basic food program as the federal food stamp program with the exception of restrictions on eligibility for certain legal immigrants.

     Hearing Location: Blake Office Park East (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on October 21, 2003, at 10:00 a.m.

     Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by October 17, 2003, phone (360) 664-6094, TTY (360) 664-6178, e-mail fernaax@dshs.wa.gov.

     Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, mail to P.O. Box 45850, Olympia, WA 98504-5850, deliver to 4500 10th Avenue S.E., Lacey, WA, fax (360) 664-6185, e-mail fernaax@dshs.wa.gov, by 5:00 p.m., October 21, 2003.

     Date of Intended Adoption: Not earlier than October 22, 2003.

September 8, 2003

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

     (2) ((You get the maximum allotment)) If your AU does not have any countable net income, you get the maximum allotment for the number of eligible people in your AU. See WAC 388-478-0060 for the maximum allotments.

     (3) If your AU has countable net income under WAC 388-450-0162, we calculate, your allotment ((is computed)) by:

     (a) Multiplying your AU's countable net monthly income by thirty percent;

     (b) Rounding this amount up to the next whole dollar; and

     (c) Subtracting the ((results)) result from the maximum allotment.

     (4) ((You get)) If we determine you are eligible for Basic Food, your first month's benefits are from the date ((your AU is determined eligible)) you applied for benefits through the end of the month ((except for AUs described in)) of your application. If there was a delay in processing your application, we determine when your benefits start under WAC 388-406-0055. This is called proration and is based on a thirty-day month.

     (5) ((You get benefits for both the month of application and the following month in one allotment if you are eligible for both months and you applied)) If you apply for benefits on or after the sixteenth of the month, and we determine you are eligible for Basic Food, we issue both your first and second months benefits in one allotment if you are eligible for both months.

     (6) ((You do not get an allotment in the first month you are eligible if your allotment is less than ten dollars)) If your prorated benefits for the first month are under ten dollars, you will not receive an allotment for the first month.

     (7) ((You get a minimum allotment of ten dollars each month if your AU has a total of one or two members)) If your AU has one or two members, your monthly allotment will be at least ten dollars unless:

     (a) It is the first month of your certification period; ((and))

     (b) Your AU is eligible for only a partial month; and

     (c) We reduced your first month's allotment below ten dollars based on the date your became eligible for Basic Food under WAC 388-406-0055.

[Statutory Authority: RCW 74.04.510 and 74.08.090. 01-18-054, § 388-412-0015, filed 8/30/01, effective 9/30/01; 99-16-024, § 388-412-0015, 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, § 388-412-0015, filed 7/31/98, effective 9/1/98.]

     (2) If you get your cash benefits deposited directly to your bank account, electronic funds transfer (EFT)((,)); your money is deposited on the first working day of the month. When the first of the month is a federal holiday or a Sunday, the benefits are deposited the following day.

     (3) If you get Basic Food ((assistance)), your benefits are issued by the tenth day of each month. The day you get your benefits is the same as the last number of your ((food)) Assistance Unit (AU) number for Basic Food. If the last number of your ((assistance unit ())AU(())) number is zero, you get your benefits on the tenth.

[Statutory Authority: RCW 74.04.510 and 74.08.090. 02-18-105, § 388-412-0020, filed 9/3/02, effective 10/4/02; 01-18-054, § 388-412-0020, filed 8/30/01, effective 9/30/01. Statutory Authority: RCW 74.04.510, 74.08.090, 74.04.055, 74.04.057 and S. 825, Public Law 104-193, Personal Responsibility and Work Opportunity Reconciliation Act of 1996. 99-02-039, § 388-412-0020, filed 12/31/98, effective 1/31/99. 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.]

     (a) Electronic benefit transfer (EBT), electronic benefits card which is a direct deposit into a DSHS account that you access with a debit card called the Washington EBT Quest Card;

     (b) Electronic funds transfer (EFT), which is a direct deposit into your own bank account; ((or))

     (c) A check to((:

     (i))) a payee who is not approved for direct deposit (([or])); or

     (((ii)))

     (b) A check to you((,)) if you get:

     (i) Diversion((,)) Cash Assistance (DCA) that cannot be paid directly to a vendor;

     (ii) Additional Requirements for Emergent Needs ((or)) (AREN) that cannot be paid directly to a vendor;

     (iii) Ongoing Additional Requirements (OAR) that cannot be paid directly to a vendor;

     (iv) Clothing and Personal Incidentals (CPI) payments; or

     (v) State Supplemental Payment (SSP) and you do not receive your benefit through EFT.

     (2) You use a Quest debit card to access your benefits in your EBT account. You get a personal identification number (PIN) that you must enter when using this card.

     (3) Your Basic Food ((assistance)) benefits are deposited into your EBT account under time frames in WAC 388-412-0020.

     (4) We establish an EBT account for each AU that receives their benefits by EBT.

     (5) Your cash and Basic Food ((assistance)) are canceled when you do not use your EBT benefits for three hundred sixty-five days.

     (a) We cannot replace Basic Food benefits that ((have not been)) were canceled because they were not used for three hundred sixty-five days(( cannot be replaced)).

     (b) ((You have two years to contact department of revenue in order to replace)) Cash benefits that were canceled because you did not use them for three hundred sixty-five days may be replaced. You have two years to contact the Department of Revenue in order to replace your cash benefits. You can contact Department of Revenue at 1-800-435-2429. After that time, you must contact the State Treasurer to claim any canceled funds.

     (6) ((When you move to a state where you cannot use your EBT account we convert your food assistance to coupons. There may be up to one dollar and ninety-nine cents left in your EBT account after conversion. You must use the remaining balance in your EBT account within seven days after we convert your benefits from EBT to coupons. We cancel these benefits if you do not use them within the seven days.

     (7) EBT benefits cannot be converted into checks.)) You must use your cash and Basic Food benefits from your EBT account. We do not convert cash or Basic Food benefits to checks.

[Statutory Authority: RCW 74.04.510 and 74.08.090. 02-18-105, § 388-412-0025, filed 9/3/02, effective 10/4/02; 01-18-054, § 388-412-0025, filed 8/30/01, effective 9/30/01. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-412-0025, 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 34.08.040.3301.1
AMENDATORY SECTION(Amending WSR 01-18-054, filed 8/30/01, effective 9/30/01)

WAC 388-412-0040   Can I get my benefits replaced?   Under certain conditions, we may replace your benefits.

     (1) You may get your EBT benefits replaced if:

     (a) We make a mistake that causes you to lose benefits;

     (b) Both your EBT card and personal identification number (PIN) are stolen from the mail; you never had the ability to use the benefits; and you lost benefits;

     (c) You left a drug or alcohol treatment on or before the fifteenth of the month and the facility does not have enough Basic Food ((assistance funds)) benefits in their EBT account for one-half of the allotment that they owe you;

     (d) Your EBT benefits that were recently deposited into an inactive EBT account were canceled by mistake along with your state benefits; or

     (e) Your food that was purchased with Basic Food ((assistance)) benefits was destroyed in a disaster.

     (2) ((You may get food coupons replaced if:

     (a) You did not get your food coupons as they were either lost or stolen in the mail; or

     (b) Your food coupons or food purchased with food coupons were destroyed in a disaster.

     (3))) If you want a replacement, you must:

     (a) Report the loss to your local office within ten days from the date of the loss; and

     (b) Sign a department affidavit form stating you had a loss of benefits.

     (((4))) (3) For Basic Food ((assistance)), we replace the loss up to a one-month benefit amount.

     (((5) Your request for a replacement is denied if the))

     (4) We will not replace your benefits if your loss is for a reason ((for the loss is not)) other than shoes listed in subsection (1) ((and (2))) above or:

     (a) We decided that ((you)) your request is fraudulent;

     (b) ((Your certified mail coupons are signed for by any person living or visiting at your address;

     (c))) Your Basic Food ((coupons)) benefits were lost, stolen or misplaced after you received them;

     (((d))) (c) You already got two countable ((food assistance)) replacements of Basic Food benefits within the ((prior)) last five months; or

     (((e))) (d) You got disaster food stamp benefits for the same month you requested a replacement for Basic Food ((assistance)).

     (((6))) (5) Your replacement does not count if:

     (a) Your benefits are returned to us; or

     (b) We replaced your benefits because we made an error((; or

     (c) The food coupons you got are improperly made or are mutilated. You must have at least three-fifths of each coupon in order for us to replace them)).

[Statutory Authority: RCW 74.04.510 and 74.08.090. 01-18-054, § 388-412-0040, filed 8/30/01, effective 9/30/01. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-412-0040, filed 7/31/98, effective 9/1/98.]

     (a) A client who is the recipient of the benefits;

     (b) An ineligible parent or other relative getting benefits on behalf of an eligible child;

     (c) A person, facility, organization, institution or agency acting as a protective payee or representative payee for a client;

     (d) A guardian or agent acting on behalf of a client; or

     (e) A vendor of goods or services supplied to an eligible client.

     (2) When medical coverage accompanies cash assistance, the medical identification (MAID) card for the assistance unit members is issued in the name of the person listed as payee for the cash benefit.

     (3) For other medical assistance units, the MAID card is issued to the person named as the head of the assistance unit.

     (4) Basic Food ((assistance)) benefits are issued to the person named as the head of the ((food)) assistance unit for Basic Food.

[Statutory Authority: RCW 74.08A.010(4), 74.08A.340, 74.08.090, 74.04.050. 02-14-083, § 388-460-0001, filed 6/28/02, effective 7/1/02. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-460-0001, filed 7/31/98, effective 9/1/98.]

     (1) A responsible member of the AU can name, in writing, an authorized representative. A responsible member of the AU is either:

     (a) The applicant;

     (b) The applicant's spouse;

     (c) Another member of the AU the applicant states is able to conduct business on behalf of all members in the AU.

     (2) The AU's authorized representative has the authority to apply for Basic Food on the AU's behalf.

     (3) If you receive Basic Food benefits in a qualified drug and alcohol treatment facility under WAC 388-408-0040, you must have an employee of the facility as your authorized representative for Basic Food.

     (4) If the authorized representative provides information to the department that causes an AU to have an overpayment, the AU members are liable for the overpayment.

     (((4))) (5) An authorized representative may act on behalf of more than one Basic Food AU only if the ((CSO)) community services office administrator approves.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510. 03-03-072, § 388-460-0005, filed 1/15/03, effective 3/1/03. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-460-0005, filed 7/31/98, effective 9/1/98.]

     (a) On ((their)) your own behalf;

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

     (c) Through ((a facility)) the DDD group home acting as your authorized representative.

     (2) ((Residents in chemical dependency treatment centers are required to)) If you live in a qualified drug and alcohol treatment center under WAC 388-408-0040, you must have ((a designated)) an employee of the facility ((act as an)) as your authorized representative for Basic Food.

     (3) The person acting as authorized representative for residents in a ((chemical dependency)) qualified drug and alcohol treatment ((center)) facility or ((a)) qualified DDD 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;

     (c) Use the resident's Basic Food ((assistance benefit allotment)) benefits for meals served to the resident; and

     (d) ((Maintain)) Keep enough benefits in the ((facility electronic benefits transfer (EBT))) facility's 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)) If the client leaves the facility on or before the fifteenth of the month, the facility must return one half of the client's Basic Food allotment for that month.

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

     (a) Any misrepresentation or intentional program violation; and

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

[Statutory Authority: RCW 74.04.510, 74.08.090, 74.04.055, 74.04.057 and S. 825, Public Law 104-193, Personal Responsibility and Work Opportunity Reconciliation Act of 1996. 99-02-039, § 388-460-0010, filed 12/31/98, effective 1/31/99. 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.]

     (a) Knowingly ((provides)) provided false information to the department;

     (b) ((Misrepresents the food assistance unit's )) Misrepresented the circumstances of the Basic Food assistance unit (AU); or

     (c) ((Misuses)) Misused the Basic Food ((assistance)) benefits.

     (2) ((The)) If we disqualify you from being an authorized representative ((and the head of the)) for Basic Food ((assistance unit are notified)), we notify you and the head of the Basic Food AU thirty days ((prior to the)) before your disqualification ((taking effect)) starts.

     (3) ((The following persons may act as an authorized representative for a food assistance unit only with written approval of the CSO administrator and only when no one else is available:

     (a) An employee of the department;

     (b) Any person disqualified from the food assistance program because of an intentional program violation;

     (c) A retailer authorized to accept coupons;)) If you are a department employee, a retailer authorized to receive Basic Food benefits, or are disqualified from receiving Basic Food because of an intentional program violation under WAC 38-446-0015, you generally cannot be an authorized representative. If you are in any of these three categories and want to be an authorized representative for Basic Food:

     (a) The AU must have no one else available to be an authorized representative; and

     (b) You must have written approval from the community services office administrator to be the AU's authorized representative.

     (4) A public or private nonprofit organization providing meals for homeless persons may not be an authorized representative under any conditions.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-460-0015, filed 7/31/98, effective 9/1/98.]

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