WSR 04-13-001

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed June 2, 2004, 3:17 p.m. , effective June 3, 2004 ]


Purpose: To amend the WASHCAP WAC chapter to comply with a revised federal waiver. The new rules further define WASHCAP eligibility.

Citation of Existing Rules Affected by this Order: Repealing WAC 388-492-0010; and amending WAC 388-492-0020, 388-492-0030, 388-492-0040, 388-492-0050, 388-492-0060, 388-492-0070, 388-492-0080, 388-492-0090, 388-492-0100, 388-492-0110, 388-492-0120, and 388-492-0130.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest; and that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: These emergency rules have been in effect since February 6, 2004, to comply with an amended food and nutrition services waiver. Federal regulations governing combined application projects (CAP) or demonstration projects is found in 7 C.F.R. 282. Emergency rules are needed to assure that department clients eligible for federal supplemental security income (SSI) can receive food benefits under the amended waiver. The department is in the process of amending these rules by regular adoption but cannot complete this process before the existing emergency rules expire. The rule needs to be extended until the final rule is adopted permanently. A CR-101 preproposal statement of inquiry was filed as WSR 04-04-097.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 12, Repealed 1; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 12, Repealed 1.

Date Adopted: May 28, 2004.

May 28, 2004

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3367.2
AMENDATORY SECTION(Amending WSR 02-15-148, filed 7/22/02, effective 9/1/02)

WAC 388-492-0020   What is WASHCAP food assistance?   WASHCAP ((stands for)) means the Washington State Combined Application program.

(1) WASHCAP is a simplified food assistance program for certain Supplemental Security Income (SSI) clients(( that are eligible for SSI from SSA and meet some other basic requirements:

(1) If you live in Washington state and get SSI, SSA asks you if you want to get food assistance benefits. If you meet the requirements of WAC 388-492-0030, you will get your food assistance benefits through WASHCAP)). Unless specifically stated in this chapter, WASHCAP follows all the program requirements of the Basic Food program as described under WAC 388-400-0040.

(2) ((If you are eligible for WASHCAP, SSA electronically sends us the information we need to open your benefits. You do not have to go to your local community services office to apply for food assistance benefits.

(3) While you get WASHCAP benefits, you must report all changes to SSA. SSA automatically shares your information we need for your WASHCAP benefits. You can report changes to your WASHCAP worker, but you do not have to do so. See WAC 388-492-0080 regarding changes to shelter costs)) Social Security Administration (SSA) asks you if you want to get food assistance benefits when you apply for SSI in Washington state.

(3) If you meet the requirements of WAC 388-492-0030, you will get WASHCAP food benefits unless you can choose Basic Food benefits under WAC 388-492-0040.

(4) If you are eligible for WASHCAP under WAC 388-492-0030, SSA electronically sends us the information we need to open your WASHCAP food benefits.

(5) WASHCAP food benefits begin the first month after you are eligible for SSI.

(6) You do not have to go to your local community services office (CSO) to apply for WASHCAP.

(7) If you want Basic Food benefits before WASHCAP food benefits begin, you can apply at your local CSO, home and community services office (HCS), or SSA using the application for benefits form, number 14-001.

(8) While you get WASHCAP food benefits, you must report all changes to SSA.

(9) SSA shares the changes you report to them with your WASHCAP worker.

(10) You do not have to report changes to your WASHCAP worker. See WAC 388-492-0080.

[Statutory Authority: RCW 74.04.57 [74.04.057], 74.04.500, 74.04.510. 02-15-148, 388-492-0020, filed 7/22/02, effective 9/1/02; 01-21-058, 388-492-0020, filed 10/16/01, effective 12/1/01.]


AMENDATORY SECTION(Amending WSR 02-15-148, filed 7/22/02, effective 9/1/02)

WAC 388-492-0030   Who can get WASHCAP?   (1) ((When you apply for food assistance,)) You can get WASHCAP benefits ((when you are eighteen years of age or older and:

(a) Are eligible to receive federal SSI benefits;

(b) Live alone or SSA considers you as a single household;

(c) Buy and cook your food separately from others you live with;

(d) Do not have any earned income.

(2) You are not eligible for WASHCAP if:

(a) You live in an institution; or

(b) You are under age twenty-two and you live in the same home as your parents)) if:

(a) You are eligible to receive federal SSI benefits;

(b) You are eighteen years of age or older;

(c) You live alone, or SSA considers you as a single household;

(d) You live with others but buy and cook for food separately from them;

(e) You do not have earned income when you apply for SSI;

(f) You already get WASHCAP food benefits and become employed and receive earned income for less than three consecutive months;

(g) You already get WASHCAP and move to an institution for ninety days or less.

(2) You are not eligible for WASHCAP food benefits if:

(a) You live in an institution;

(b) You are under age eighteen;

(c) You live with your spouse;

(d) You are under age twenty-two and you live with your parents who are getting Basic Food benefits;

(e) You begin working after you have been approved for WASHCAP and have earned income for more than three consecutive months;

(f) You live with others and do not buy and cook your food separately from them;

(g) You are ineligible for Basic Food benefits under WAC 388-400-0040 (13)(b) and (e).

(3) We accept SSA information about your WASHCAP eligibility unless you prove the information is not accurate.

[Statutory Authority: RCW 74.04.57 [74.04.057], 74.04.500, 74.04.510. 02-15-148, 388-492-0030, filed 7/22/02, effective 9/1/02; 01-21-058, 388-492-0030, filed 10/16/01, effective 12/1/01.]


AMENDATORY SECTION(Amending WSR 03-21-030, filed 10/7/03, effective 12/1/03)

WAC 388-492-0040   Can I choose whether I get WASHCAP food benefits or Basic Food benefits?   You can choose to have Basic Food benefits instead of WASHCAP food benefits when:

(1) You would get more benefits from the Basic Food program.

(2) You may get more benefits in the Basic Food program when:

(a) Your shelter costs are more than five hundred fourteen dollars a month. We count the following items as a shelter cost:

(((a))) (i) Rent or mortgage;

(((b))) (ii) Property taxes;

(((c))) (iii) Homeowner's insurance (for the building only); or

(((d))) (iv) Mandatory homeowner's association or condo fees.

(((2))) (b) Your out-of pocket medical expenses are more than thirty-five dollars a month((;

(3) You would get more benefits from being in the Basic Food program; or

(4) You are waiting to receive WASHCAP benefits)).

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510. 03-21-030, 388-492-0040, filed 10/7/03, effective 12/1/03. Statutory Authority: RCW 74.04.057, 74.04.500, 74.04.510. 03-01-045, 388-492-0040, filed 12/10/02, effective 1/10/03; 02-15-148, 388-492-0040, filed 7/22/02, effective 9/1/02; 01-21-058, 388-492-0040, filed 10/16/01, effective 12/1/01.]


AMENDATORY SECTION(Amending WSR 02-15-148, filed 7/22/02, effective 9/1/02)

WAC 388-492-0050   How do I apply for ((Washington state combined application program ())WASHCAP(() benefits))?   (1) You apply for WASHCAP food benefits at Social Security Administration (SSA) when you apply for Supplemental Security Income (SSI).

(2) If you want food assistance, your SSA worker will ask you ((questions for)) WASHCAP food eligibility questions when you have your SSI interview.

(((2))) (3) If you are eligible for WASHCAP food benefits, your benefits will start the first of the month after the month you ((start getting on-going)) are eligible for SSI benefits.

(((3))) (4) If you need food assistance in five days or less, you must apply for expedited service at:

(a) Your local community services office (CSO);

(b) Your local home and community services office (HCS) if you get long-term care services; or

(c) The SSA ((district)) office if you give them an application for Basic Food expedited services when you apply for SSI. SSA forwards the Basic Food ((assistance)) application to the local CSO to process.

(((4))) (5) If you want Basic Food ((assistance)) benefits before you get SSI, you must apply ((for regular food assistance)) at:

(a) SSA if you give them an application for food assistance when you apply for SSI;

(b) Your local CSO; or

(c) Your local HCS office if you get long-term care services.

(((5))) (6) If you already receive SSI and want WASHCAP food benefits, you can apply at:

(a) Your SSA office;

(b) Your local CSO;

(c) Your local HCS office if you get long-term care services.

(7) If you get ((regular food assistance)) Basic Food benefits, these benefits will continue:

(a) Through the end of your certification period; or

(b) Through the month before your WASHCAP food benefits start.

(((6))) (8) If your ((regular food assistance ends)) Basic Food benefits end before you are eligible for WASHCAP food benefits, you must reapply ((for)) to continue these benefits ((to continue.

(7))).

(9) If you get ((regular food assistance)) Basic Food benefits and you become eligible for WASHCAP food benefits, we will automatically change your Basic Food benefits to WASHCAP food benefits.

[Statutory Authority: RCW 74.04.57 [74.04.057], 74.04.500, 74.04.510. 02-15-148, 388-492-0050, filed 7/22/02, effective 9/1/02; 01-21-058, 388-492-0050, filed 10/16/01, effective 12/1/01.]


AMENDATORY SECTION(Amending WSR 02-15-148, filed 7/22/02, effective 9/1/02)

WAC 388-492-0060   How do I get my ((Washington state combined application program ())WASHCAP(())) benefits?   (1) If you are eligible for WASHCAP, you will get your food assistance benefits through electronic benefits transfer (EBT).

(2) The department issues your EBT food assistance benefits according to WAC 388-412-0025.

[Statutory Authority: RCW 74.04.57 [74.04.057], 74.04.500, 74.04.510. 02-15-148, 388-492-0060, filed 7/22/02, effective 9/1/02; 01-21-058, 388-492-0060, filed 10/16/01, effective 12/1/01.]


AMENDATORY SECTION(Amending WSR 03-21-030, filed 10/7/03, effective 12/1/03)

WAC 388-492-0070   How are my ((Washington state combined application program ())WASHCAP(())) benefits calculated?   We calculate your ((WASHCAP)) food benefits as follows:

(1) We begin with your gross income. (((Social Security Administration (SSA) tells us how much income you have.)))

(2) We subtract one hundred thirty-four dollars from your gross income to get your countable income.

(3) We figure your shelter cost as follows:

(a) If SSA tells us you pay three hundred two dollars or more a month for shelter, we use three hundred twenty-one dollars as your shelter cost; or

(b) If SSA tells us you pay less than three hundred two dollars for shelter, we use one hundred fifty-five dollars as your shelter cost; and

(c) We add the current standard utility allowance under WAC 388-450-0195 to determine your total shelter cost.

(4) We figure your shelter deduction by subtracting one half of your countable income from your shelter cost.

(5) We figure your net income by subtracting your shelter deduction from your countable income.

(6) We figure your WASHCAP benefits (allotment) by:

(a) Multiplying your net income by thirty percent and rounding up to the next whole dollar; and

(b) Subtracting the result from the maximum allotment under WAC 388-478-0060.

(c) If you are eligible for WASHCAP, ((your assistance unit)) you will get at least ten dollars in food benefits each month.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510. 03-21-030, 388-492-0070, filed 10/7/03, effective 12/1/03. Statutory Authority: RCW 74.04.057, 74.04.500, 74.04.510. 03-01-045, 388-492-0070, filed 12/10/02, effective 1/10/03; 02-15-148, 388-492-0070, filed 7/22/02, effective 9/1/02; 01-21-058, 388-492-0070, filed 10/16/01, effective 12/1/01.]


AMENDATORY SECTION(Amending WSR 02-15-148, filed 7/22/02, effective 9/1/02)

WAC 388-492-0080   Where do I report changes?   (1) You report all changes to Social Security Administration (SSA) according to their reporting requirements. Social Security reports these changes to your ((department of social and health services (DSHS))) WASHCAP worker.

(2) SSA will not accept or report shelter costs changes to WASHCAP until SSA does its redetermination.

(((2))) (3) You do not have to report any changes to ((DSHS)) your WASHCAP worker.

(((3))) (4) You can choose to report the following changes to your ((Washington combined application project()) WASHCAP) worker to see if you will get more food assistance benefits.

(a) A change in your address;

(b) An increase in your shelter costs; or

(c) An increase in your out-of-pocket medical expenses.

(((4))) (5) If changes are reported to DSHS, proof ((will)) may be required.

(6) If you report a change that could increase the amount of your food benefits and:

(a) We ask you for proof; and

(b) You do not provide proof;

(c) We will not increase your WASHCAP food benefit.

[Statutory Authority: RCW 74.04.57 [74.04.057], 74.04.500, 74.04.510. 02-15-148, 388-492-0080, filed 7/22/02, effective 9/1/02; 01-21-058, 388-492-0080, filed 10/16/01, effective 12/1/01.]

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 WSR 02-15-148, filed 7/22/02, effective 9/1/02)

WAC 388-492-0090   How often ((does my Washington state combined application program ()) do my WASHCAP(() case)) benefits need to be reviewed?   (1) Your eligibility for WASHCAP food benefits must be reviewed at least every twenty-four months.

(2) Your certification period is the amount of time your assistance unit is eligible for WASHCAP food benefits.

[Statutory Authority: RCW 74.04.57 [74.04.057], 74.04.500, 74.04.510. 02-15-148, 388-492-0090, filed 7/22/02, effective 9/1/02; 01-21-058, 388-492-0090, filed 10/16/01, effective 12/1/01.]


AMENDATORY SECTION(Amending WSR 02-15-148, filed 7/22/02, effective 9/1/02)

WAC 388-492-0100   How is my eligibility for ((Washington state combined application program ())WASHCAP(())) reviewed?   (1) If Social Security Administration (SSA) reviews your Supplemental Security Income (SSI) eligibility, they will also complete your review for WASHCAP ((benefits)). SSA sends us this information electronically and we will automatically extend your WASHCAP certification period.

(2) If SSA does not review your SSI eligibility, we will mail you a one-page application two months before your WASHCAP benefits end. You must complete and return this application to the WASHCAP unit or your local home and community services office (HCS).

(3) We do WASHCAP reviews by mail. If you bring your WASHCAP application to the local office, we will process the application as follows:

(a) If you get long-term care services, your local HCS office will process your application; or

(b) If you do not get long-term care services, the local office will forward your application to the WASHCAP central unit.

(4) If we get your completed one-page application after your WASHCAP benefits end, we will reopen your benefits back to the first of the month if:

(a) We get your application form within thirty days from the end of your certification period; and

(b) You are still eligible for WASHCAP.

(5) If we get your completed one-page application form more than thirty days after your benefits end, your WASHCAP benefits open the first of the next month after you turn in your application and SSA shows you are eligible for WASHCAP in their system.

(6) If your application is not complete, we will return it to you to complete.

(((6))) (7) If you are no longer eligible for WASHCAP ((benefits)), we will decide if you are eligible for ((regular food assistance.)) Basic Food benefits and:

(a) Your local CSO or HCS office will process your Basic Food application;

(b) We may ask you to give us more information or verification if we cannot make a decision with the information we have.

(((7) If we get your completed one-page application form more than thirty days after your benefits end, your WASHCAP benefits open the first of the next month after you turn in your application and SSA shows you are eligible for WASHCAP in their system.))

(8) If you want ((regular)) Basic Food ((assistance)) benefits while you are waiting for WASHCAP food benefits, you must apply for these benefits at the local CSO or HCS office.

[Statutory Authority: RCW 74.04.57 [74.04.057], 74.04.500, 74.04.510. 02-15-148, 388-492-0100, filed 7/22/02, effective 9/1/02; 01-21-058, 388-492-0100, filed 10/16/01, effective 12/1/01.]


AMENDATORY SECTION(Amending WSR 02-15-148, filed 7/22/02, effective 9/1/02)

WAC 388-492-0110   What happens if my ((Washington state combined application program ())WASHCAP(())) benefits end?   (1) If your WASHCAP benefits end because you did not have the review required under WAC 388-492-0100, you must finish the required review or apply for Basic Food ((assistance)) benefits at:

(a) Your local community services office (CSO); or

(b) Your home and community services (HCS) office.

(2) If your WASHCAP benefits end because you are disqualified for food assistance under WAC 388-400-0040(13)(b) or (e), you are not eligible for ((regular)) Basic Food ((assistance.))benefits and:

(a) If you get medical assistance, we will send your medical assistance case to your local office((.));

(b) If you are a HCS client, your medical case will remain at HCS.

(3) If your WASHCAP benefits end because SSA stopped your SSI benefits:

(a) We will send you an application for ((regular)) Basic Food ((assistance and)) benefits along with:

(i) Information about what you must verify in order to get benefits; and

((tell you where to take your application to find out if you are eligible for benefits))

(ii) The address of your local CSO. If you are an HCS client, your case will remain at your HCS office.

(b) You will still receive the same medical benefits until we decide what medical programs you are eligible for under WAC 388-418-0025.

(4) If your WASHCAP benefits end for any other reason:

(a) We will send you an application for ((regular)) Basic Food ((assistance)) benefits along with:

(i) The address of your local ((office)) CSO; and

(ii) Information about what you must verify in order to get benefits.

(b) If you get medical assistance, we will send your medical assistance case to the local office unless you are a HCS client;

(c) For the office to decide if you are eligible for Basic Food ((assistance)) benefits, you must:

(i) Finish the application process for Basic Food ((assistance)) benefits under chapter 388-406 WAC; and

(ii) Have an interview for Basic Food ((assistance)) benefits under WAC 388-452-0005.

[Statutory Authority: RCW 74.04.57 [74.04.057], 74.04.500, 74.04.510. 02-15-148, 388-492-0110, filed 7/22/02, effective 9/1/02; 01-21-058, 388-492-0110, filed 10/16/01, effective 12/1/01.]


AMENDATORY SECTION(Amending WSR 02-15-148, filed 7/22/02, effective 9/1/02)

WAC 388-492-0120   What happens to my ((Washington state combined application program ())WASHCAP(())) benefits if I am disqualified?   (1) If you are disqualified from receiving SSI for any reason, you will not be able to get WASHCAP food benefits. See WAC 388-492-0030, Who can get WASHCAP?

(2) If you are disqualified from receiving food assistance for any reason, you will not get WASHCAP food benefits. This includes clients who:

(a) Are ineligible for food assistance under WAC 388-400-0040(((9))) (13)(b) and (e) and 388-442-0010; or

(b) Did not cooperate with quality assurance as required under WAC ((388-465-001)) 388-464-0001.

[Statutory Authority: RCW 74.04.57 [74.04.057], 74.04.500, 74.04.510. 02-15-148, 388-492-0120, filed 7/22/02, effective 9/1/02; 01-21-058, 388-492-0120, filed 10/16/01, effective 12/1/01.]


AMENDATORY SECTION(Amending WSR 02-15-148, filed 7/22/02, effective 9/1/02)

WAC 388-492-0130   What can I do if I disagree with a decision the department made about my ((Washington state combined application program ())WASHCAP(())) benefits?   (1) If you disagree with a decision about your benefits, you may ask for a fair hearing.

(2) You can ask for a hearing by contacting the WASHCAP central unit, home and community service office or any responsible department or office of administrative hearings employee.

(3) See chapter ((388-08)) 388-02 WAC for information on the fair hearing process.

[Statutory Authority: RCW 74.04.57 [74.04.057], 74.04.500, 74.04.510. 02-15-148, 388-492-0130, filed 7/22/02, effective 9/1/02; 01-21-058, 388-492-0130, filed 10/16/01, effective 12/1/01.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 388-492-0010 Washington state combined application program (WASHCAP) definitions.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office