SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
Date of Adoption: October 3, 2003.
Purpose: Amend WAC 388-418-0005, 388-418-0007, and 388-418-0020 to comply with federal requirements on reporting changes for the food stamp program and to rewrite the text of the rules to be more easily understood. This is Part 1 of 2. Part 2 includes related amended rules in chapters 388-450 and 388-490 WAC.
Citation of Existing Rules Affected by this Order: Amending WAC 388-418-0005, 388-418-0007, and 388-418-0020.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510.
Adopted under notice filed as WSR 03-17-087 on August 19, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 3, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 3, Repealed 0.
Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: These
rules must be effective and implemented by November 1, 2003,
to comply with 7 C.F.R. 273 and 7 U.S.C. chapter 51.
Effective Date of Rule: November 1, 2003.
October 3, 2003
Brian H. Lindgren, Manager
Rules and Policies Assistance Unit3294.1
|Table 1 - Cash Assistance and Basic Food ((
|Type of change to report when you or anyone in your assistance unit AU):||Do I have to report this change for cash assistance?||Do I have to
|(1) Starts to get money from a new source;||Yes||Yes|
|(2) Has unearned
|(3) Moves into or out of your home, including newborns or if an AU member dies. This also includes when someone temporarily moves in or out;||Yes||Yes|
|(4) Moves to a new residence;||Yes||Yes|
|(5) Has a change in shelter costs;||Yes, but only if you went from having no shelter costs to having a shelter cost, or from having shelter costs to not having to pay anything. You don't have to report a change in the amount you pay.||Yes, report the
change at your
costs go up, you
could get more
|(6) Gets married, divorced, or separated;||Yes||Yes|
|(7) Gets a vehicle;||Yes||Yes|
|(8) Has a disability that ends;||Yes||Yes|
|(9) Has countable resources that are more than the resource limits under WAC 388-470-0005;||Yes||Yes|
|(10) Gets a job or changes employers;||Yes||Yes, but only if it causes a change in the person's income.|
|(11) Changes from part-time to full-time or full-time to part-time work. We use your employer's definition of part-time and full-time work;||Yes||Yes|
|(12) Has a change in hourly wage rate or salary;||Yes||Yes|
|(13) Stops working;||Yes||Yes|
|(14) Has a pregnancy that begins or ends;||Yes||No|
|(15) Has a change in uncovered medical expenses;||No||Yes, report this change only at your next eligibility review. If you are elderly or disabled and you have an increase in uncovered medical expenses, report this change sooner as you may be eligible to get more benefits.|
|Table 2 - Medical Assistance|
|Type of change to report when you or anyone in your assistance unit (AU):||Do I have to report this change for family medical assistance (i.e., TANF/SFA-related) or Children's Medical?||Do I have to
|(16) A change in work hours to below 20 hours per week averaged monthly.||No||Yes, but only if there are no children in your AU and the person is a nonexempt ABAWD under WAC 388-444-0030 and 388-444-0035.|
|(17) A change in legal obligation to pay child support.||No||Yes|
|(18) Starts to get money from a new source;||Yes||No|
||No||Yes, but only if an AU member has a spenddown.|
|Table 3 - SSI-Related Medical Assistance and Long-Term Care|
|Type of change to report when you or anyone in your assistance unit (AU):||Do I have to report this change for SSI-related medical assistance?||Do I have to report this change for long-term care (i.e., COPES, CAP, or nursing home)|
||No, unless you went from paying rent to not paying any rent. You do not need to report if your rent amount changes.||Yes, if client or community spouse live in their own home|
||Yes, but only if that person or their spouse gets SSI-related medical||Yes, but only if that person gets long-term care|
||Yes, but only if that person or their spouse get SSI-related medical||Yes, but only if that person gets long-term care|
||Yes, but only if an AU member has a spenddown.||Yes.|
[Statutory Authority: RCW 74.08.090 and 74.04.510. 01-11-109, § 388-418-0005, filed 5/21/01, effective 7/1/01; 99-23-034, § 388-418-0005, filed 11/10/99, effective 1/1/00. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-418-0005, filed 7/31/98, effective 9/1/98.]
(a) After the date you applied but before your interview, you must report the change at the time of your interview; or
(b) After you have been interviewed, you must report the change within ten days of the date of your approval notice.
(2) If you get TANF/SFA, you must report within five calendar days from the day you learn that a child in the AU will be gone from your home longer than ninety days. If you do not report this within five days:
(a) You are not eligible for cash benefits for one month; and
(b) All of your countable income as described in WAC 388-450-0162 is budgeted against the cash benefits for the remaining AU members.
(3) If you receive cash ((
and/))or Basic Food
(( assistance, all other)), you must report changes described
in WAC (( 388-417-0005 must be reported)) 388-418-0005 within
ten days from the day you become aware of the change.
(4) If you receive medical assistance you must report the changes described in WAC 388-418-0005 within twenty days from the day you become aware of the change.
(5) If you report changes late, you may get the wrong amount or wrong type of benefits. If you get more benefits than you are eligible for, you may have to pay them back as described in chapter 388-410 WAC.
[Statutory Authority: RCW 74.08.090 and 74.04.510. 01-11-109, § 388-418-0007, filed 5/21/01, effective 7/1/01.]
(2) If you report a change that happened between the date you applied for benefits and the date we interview you under WAC 388-452-0005, we take this change into consideration when we process your application for benefits.
(3) If you report a change in your income that we expect to continue at least a month beyond the month when you reported the change, we recalculate the income we estimated under WAC 388-450-0215 based on this change.
(4) When a change causes an increase in benefits, ((
client)) you must provide proof of the change before we adjust
(( the benefit amount)) your benefits.
(a) If you give us the proof within ten days from the date we requested it, we increase your benefits starting the month after the month you reported the change.
(b) If you give us the proof more than ten days after the date we requested it, we increase your benefits starting the month after the month we got the proof.
(c) If you are ((
entitled to get)) eligible for more
benefits and we have already sent you benefits for that month,
we (( must send them to you)) provide you the additional
benefits within ten days of the day we got the proof.
(3))) (5) When a change causes a decrease in benefits,
we change your benefit amount before we ask for proof:
(a) If you report the change within the time limits in WAC 388-418-0007, we decrease your benefits starting the first month following the advance notice period. The advance notice period:
(i) Begins on the day we send you a letter about the change, and
(ii) Is determined according to the rules in WAC
(b) If you do not report the change within the time limits in WAC 388-418-0007:
(i) We figure out the effective date as if you had reported it on time. This includes:
(A) Ten days for you to report the change, and
(B) Ten days for the advance notice period to begin, if
required under ((
chapter 388-458)) WAC 388-458-0030.
(ii) If the effective date should have been a past month:
(A) We establish an overpayment claim according to the rules in chapter 388-410 WAC for all the appropriate months; and
(B) Decrease your benefits starting the following month.
(iii) We establish an overpayment claim and decrease your benefits starting the month after next when:
(A) The effective date should have been next month; and
(B) It is less than ten days away; and
(C) We ((
were supposed to)) must give you ten days notice
under WAC 388-458-0030.
(iv) If the effective date should have been next month or the following month and we have time to give you ten-days notice, we decrease your benefits starting that month.
(c) We have until your next recertification/eligibility review to ask for proof.
(4))) (6) If we are not sure how the change will affect
your benefits, we send you a letter as described in WAC 388-458-0020 requesting information from you.
(a) We give you ten days to provide the information. If you need more time, you can ask for it.
(b) If you do not give us the information in time, we will stop your benefits after giving you advance notice, if required, as described in WAC 388-458-0030.
(5))) (7) Within ten days of the day we learn about a
(a) Send advance notice according to the rules in chapter 388-458 WAC; and
(b) Take necessary action to correct the benefit. We wait to take action on a change if you request a hearing about a proposed decrease in benefits before the effective date or within the advance notice period as described in WAC 388-458-0040.
(6))) (8) If you disagree with a decision we made to
change your benefits, you may request a fair hearing under
chapter 388-02 WAC. The fair hearing rules in chapter 388-02 WAC do not apply for a "mass change." A mass change is when
we change the rules that impact all recipients and applicants.
(9) When you request a hearing and get continued benefits:
(a) We keep giving you the same benefits you got before the advance notice of reduction until the earliest of the following events occur:
(i) For Basic Food ((
assistance)) only, your
certification period expires;
(ii) The end of the month the fair hearing decision is mailed;
(iii) You state in writing that you do not want continued benefits;
(iv) You withdraw your fair hearing request in writing; or
(v) You abandon your fair hearing request; or
(vi) An administrative law judge issues a written order that ends continued benefits prior to the fair hearing.
(b) We establish an overpayment claim according to the rules in chapter 388-410 WAC when the hearing decision agrees with the action we took.
(7))) (10) Some changes have a specific effective date
(a) When cash assistance benefits increase because a person is added to your assistance unit, we use the effective date rules for applications in WAC 388-406-0055.
(b) When cash assistance benefits increase because you start paying shelter costs, we use the date the change occurred.
(c) When a change in law or regulation changes the benefit amount, we use the date specified by the law or regulation.
(d) When institutional medical assistance participation changes, we calculate the new participation amount beginning with the month your income or allowable expense changes.
[Statutory Authority: RCW 74.08.090, 74.04.057, and 74.04.510. 02-14-086, § 388-418-0020, filed 6/28/02, effective 7/1/02. Statutory Authority: RCW 74.08.090 and 74.04.510. 99-23-034, § 388-418-0020, filed 11/10/99, effective 1/1/00. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-418-0020, filed 7/31/98, effective 9/1/98.]