WSR 07-01-071

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed December 18, 2006, 3:29 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-20-074.

Title of Rule and Other Identifying Information: WAC 388-412-0025 How do I get my benefits?

Hearing Location(s): Lacey Government Center, Room 104-B, 1009 College Street S.E., Lacey, WA 98503 (a map or directions are available at http://iesa.dshs.wa.gov/itdcentral/aboutitd/locate/lgc_directions.pdf or by calling (360) 664-6097), on January 23, 2007, at 10:00 a.m.

Date of Intended Adoption: Not earlier than January 24, 2007.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail schilse@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m. on January 23, 2007.

Assistance for Persons with Disabilities: Contact Stephanie Schiller, DSHS Rules Consultant by January 19, 2007, TTY (360) 664-6178 or (360) 664-6097 or by e-mail at schilse@dshs.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The amended rule describes the department's current policy on how we issue cash and food benefits, when we cancel benefits that are in an account that has been unused for three hundred sixty-five days, and when the department will replace cancelled benefits.

Reasons Supporting Proposal: The changes proposed under this filing are to clarify the current process on [how] the department issues cash and Basic Food benefits, when we cancel out unused benefits, and when the department can replace cancelled benefits. The amended rule also removes a reference to an incorrect phone number. The proposed rule is consistent with current policy regarding benefit issuance and requirements for the Food Stamp Program under 7 C.F.R. 274.12.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.04.515, 74.08.090, 7 C.F.R. 274.12.

Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.04.515, 74.08.090, 7 C.F.R. 274.12.

Rule is necessary because of federal law, 7 C.F.R. 274.12.

Name of Proponent: Department of social and health services, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: John Camp, 1009 College S.E., Lacey, WA 98504, (360) 725-4616.

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 by defining how we issue cash and Basic Food benefits to eligible households, and describing what circumstances must exist for the department to replace unused cash or Basic Food benefits that we cancelled out of an unused electronic benefits transfer (EBT) account.

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."

December 11, 2006

Andy Fernando, Manager

Rules and Policies Assistance Unit

3817.1
AMENDATORY SECTION(Amending WSR 05-17-089, filed 8/12/05, effective 9/12/05)

WAC 388-412-0025   How do I get my benefits?   (1) We send your cash benefits ((are sent)) to you by either:

(a) Electronic benefit transfer (EBT) ((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;

(c) A warrant(check) to a payee who is not approved for direct deposit; or

(d) A warrant (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 (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)) We send your Basic Food benefits to you by EBT.

(3) ((Your Basic Food benefits are deposited into your EBT account on the day of the month defined in WAC 388-412-0020)) We set up an EBT account for the Head of Household of each AU that receives benefits by EBT.

(4) ((We establish an EBT account for each AU that receives their benefits by EBT)) You use a Quest debit card to access your benefits in your EBT account. You select a personal identification number (PIN) that you must enter when using this card.

(5) ((We cancel your cash and Basic Food benefits when you do not use your EBT account for three hundred sixty-five days.

(a) Basic Food benefits that were canceled because you did not use them for three hundred sixty-five days cannot be replaced.

(b) 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 1-888-328-9271. After that time, you must contact the state treasurer to claim any canceled funds)) You must use your cash and Basic Food benefits from your EBT account. We do not convert cash or Basic Food benefits to checks.

(6) ((You must use your cash and Basic Food benefits from your EBT account. We do not convert cash or Basic Food benefits to checks)) We deposit your Basic Food benefits into your EBT account by the tenth day of the month based on your Basic Food assistance unit number as described in WAC 388-412-0020.

(7) Unused EBT benefits: If you do not use your EBT account for three hundred sixty-five days, we cancel the cash and Basic Food benefits on your account.

(a) Replacing Basic Food benefits:

(i) We can replace cancelled benefits we deposited less than three hundred sixty-five days from the date you ask for us to replace your benefits.

(ii) We cannot replace cancelled benefits deposited three hundred sixty-five or more days from the date you ask us to replace your benefits.

(b) Replacing cash benefits: We can replace cancelled cash benefits for you or another member of your assistance unit. Cash benefits are not transferable to someone outside of your assistance unit.

(8) Replacing cash warrants: If we issued you cash benefits as a warrant we can replace these benefits for you or a member of your assistance unit. Cash benefits are not transferable to someone outside of your assistance unit.

(a) If we issued the benefits as a warrant one hundred sixty or fewer days ago, your local office can replace the warrant.

(b) If we issued the benefits as a warrant more than one hundred sixty days ago, the Office of Accounting Services can replace the warrant.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090. 05-17-089, 388-412-0025, filed 8/12/05, effective 9/12/05. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510. 03-22-038, 388-412-0025, filed 10/28/03, effective 12/1/03. 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.]

Washington State Code Reviser's Office