WSR 04-16-104

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Division of Employment and Assistance Programs)

[ Filed August 3, 2004, 4:30 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-11-083.

Title of Rule and Other Identifying Information: WAC 388-434-0010 How do I get food assistance benefits after my certification period has ended?

Hearing Location(s): Blake Office Park East (behind Goodyear Courtesy Tire), Rose Room, 4500 10th Avenue S.E., Lacey, WA, on September 7, 2004, at 10:00 a.m.

Date of Intended Adoption: Not earlier than September 8, 2004.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA, 98504, delivery 4500 10th Avenue S.E., Lacey, WA, e-mail fernaax@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., September 7, 2004.

Assistance for Persons with Disabilities: Contact Fred Swenson, DSHS Rules Consultant, by September 3, 2004, TTY (360) 664-6178 or (360) 664-6097.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is amending the rule to specify how recertifications for Basic Food will be processed in certain circumstances, and to update the title of the program from food assistance to Basic Food.

Reasons Supporting Proposal: The current rule does not identify how late verification and missed interview appointments are to be handled for the 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.

Rule is not necessitated by federal law, federal or state court decision.

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

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Rebecca Henrie, 1009 College S.E., Lacey, WA 98504, (360) 413-3074.

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.

A cost-benefit analysis is not required under RCW 34.05.328. 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."

July 30, 2004

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3442.1
AMENDATORY SECTION(Amending WSR 02-18-083, filed 8/30/02, effective 10/1/02)

WAC 388-434-0010   How do I get Basic Food ((assistance)) benefits after my certification period has ended?   To keep getting Basic Food ((assistance)) benefits after your certification period in WAC 388-416-0005 has ended, we must determine if you are still eligible for benefits. This is called recertification.

(1) To be recertified for Basic Food ((assistance)), you must:

(a) Turn in and sign an application for benefits as required under WAC 388-406-0010. If you complete an electronic application, your signature is the password you use to complete the electronic application;

(b) Complete an interview if you are required to have an interview under WAC 388-452-0005; and

(c) Submit needed proof of your circumstances if we ask for it.

(2) If you reapply timely and get recertified before your certification period ends, we will keep depositing your benefits into your EBT (electronic benefit transfer) account on the same day of the month. To reapply timely, we must get your application by((:

(a))) the fifteenth day of the last month of your certification period((; or

(b) The fifteenth day after you get your approval letter for food assistance when your certification period is two months or less)).

(3) When we decide if you are eligible for benefits, we will send you a letter to tell you that your benefits have been approved or denied as required under chapter 388-458 WAC.

(4) If you reapply timely and complete the steps required in subsection (1) by the fifteenth day of the last month of your certification period, you get the approval or denial letter((:

(a))) by the end of your current certification period((if you completed the steps required in subsection (1) by the fifteenth day of the last month of your certification period; or

(b) By the thirtieth day after you got your last benefit amount if you were certified for one month.

(4))).

(5) If you do not turn in an application form by the end of your current certification period, you have not taken the action we require for you to get ongoing Basic Food ((assistance)) benefits. Your Basic Food ((assistance)) benefits stop at the end of your certification period.

(((5))) (6) If you turn in your application before your certification period ends, we start your Basic Food ((assistance)) from the first of the month of your new certification period after we determine if you are eligible((for food assistance)).

(a) If you do not reapply timely, your benefits for the first month of your new certification period may be delayed((.

(6))).

(b) You have until the end of the month following your certification period end date to complete an interview if required and provide any proof of your circumstances we requested.

(c) If you do not meet all requirements for verification by the end of the month following your certification end date, your recertification will not be approved.

(7) If you turn in your application after your certification period ends, we treat the application as a new application for benefits. We start your Basic Food ((assistance)) from the date you turned in the application after we determine if you are eligible ((for food assistance)).

[Statutory Authority: RCW 74.04.050, 74.04.057, 74.04.510, and Title 7, Chapter II, Part 273 of the Code of Federal Regulations. 02-18-083, 388-434-0010, filed 8/30/02, effective 10/1/02. Statutory Authority: RCW 74.04.050, 74.04.055, 74.05.057, and 74.08.090. 01-15-011, 388-434-0010, filed 7/6/01, effective 8/1/01; 98-16-044, 388-434-0010, filed 7/31/98, effective 9/1/98.]

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