WSR 10-23-115

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed November 17, 2010, 9:21 a.m. , effective December 18, 2010 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: The department is amending rules under chapter 388-492 WAC, Washington combined application project (WASHCAP), to make changes necessary to clarify when WASHCAP benefits can begin, update and clarify rules to current procedures and to reduce payment errors caused by failure to follow correct procedures. This rule amendment does not change WASHCAP eligibility or standards.

Rule changes will help reduce Basic Food payment errors and compliance with federal regulations is required to continue to receive federal funding.

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

Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.500, 74.08.090, and 74.08A.903.

Other Authority: 7 C.F.R. 273.23.

Adopted under notice filed as WSR 10-19-127 on September 22, 2010.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 8, Repealed 1.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 8, Repealed 0.

Date Adopted: November 9, 2010.

Katherine I. Vasquez

Rules Coordinator

4238.2
AMENDATORY SECTION(Amending WSR 04-23-026, filed 11/8/04, effective 12/9/04)

WAC 388-492-0020   What are WASHCAP food benefits and what do I need to know about WASHCAP?   WASHCAP means the Washington State Combined Application ((program)) Project.

(1) WASHCAP is a simplified food benefits program for ((certain)) most single Supplemental Security Income (SSI) recipients. Unless specifically stated in this WAC chapter, WASHCAP food benefits follow all the program requirements of the Basic Food program as described under WAC 388-400-0040.

(2) The Social Security Administration (SSA) asks you if you want to get food 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 food benefits 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 the month you apply and are eligible for ongoing 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.

(8))):

(a) By contacting the customer service center (CSC) at 1-877-501-2233;

(b) Over the internet;

(c) At any community services office (CSO);

(d) At any home and community services office (HCS); or

(e) At any Social Security Administration (SSA) office.

(8) If you get 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.

(9) 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 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090. 04-23-026, 388-492-0020, filed 11/8/04, effective 12/9/04. 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 04-23-026, filed 11/8/04, effective 12/9/04)

WAC 388-492-0030   Who can get WASHCAP?   (1) You can get WASHCAP food benefits if:

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

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

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

(d) You are age eighteen through twenty-one, living with your parent(s) who do not get Basic Food benefits, and you purchase food separately; or

(e) You live with others but buy and cook your food separately from them; and

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

(((f))) (g) You already get WASHCAP food benefits and become employed and receive earned income for less than three consecutive months and are still eligible to receive federal SSI cash benefits; or

(((g))) (h) 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 parent(s) 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; or

(g) You are ineligible for Basic Food benefits under WAC 388-400-0040 (((13)(b))) (14)(b) and (e).

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

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090. 04-23-026, 388-492-0030, filed 11/8/04, effective 12/9/04. 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 04-23-026, filed 11/8/04, effective 12/9/04)

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

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

(3) If you are eligible for WASHCAP food benefits, your benefits will start the first of the month after the month you apply and are eligible for ongoing SSI benefits.

(4) If you need food benefits in five days or less, you must apply for expedited services at:

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

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

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

(5) If you want Basic Food benefits before you get SSI, you must apply at:

(a) SSA if you give them a Basic Food application when you apply for SSI;

(b) ((Your local)) Any CSO; or

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

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

(a) ((Your)) Any SSA office;

(b) ((Your local)) Any CSO;

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

(7) If you get 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.

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

(9) If you get 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 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090. 04-23-026, 388-492-0050, filed 11/8/04, effective 12/9/04. 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 09-24-001, filed 11/18/09, effective 12/19/09)

WAC 388-492-0070   How are my WASHCAP food benefits calculated?   We calculate your food benefits as follows:

(1) We begin with your gross income.

(2) We subtract ((one hundred forty-one dollars)) the current standard deduction for one person under WAC 388-450-0185 from your gross income to get your countable income.

(3) We figure your shelter cost based on information we receive from the Social Security Administration (SSA), unless you report a change as described under WAC 388-492-0080. If you pay:

(a) Three hundred dollars or more a month for shelter, we use three hundred seventy-nine dollars as your shelter cost; or

(b) Less than three hundred dollars for shelter, we use one hundred eighty-two 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 and rounding the resulting figure up from fifty cents and down from forty-nine cents to the nearest whole dollar.

(6) We figure your WASHCAP food 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, you will get at least the minimum monthly benefit for Basic Food under WAC 388-412-0015.

[Statutory Authority: RCW 74.04.005, 74.04.050, 74.04.055, 74.04.057, 74.04.500, 74.04.510, 74.08.090, and 7 C.F.R. 273.9. 09-24-001, 388-492-0070, filed 11/18/09, effective 12/19/09. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.500, 74.04.510, and 74.08.090. 09-12-068, 388-492-0070, filed 5/29/09, effective 7/1/09. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090, and 7 C.F.R. 273.9. 08-21-106, 388-492-0070, filed 10/16/08, effective 11/16/08. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510 and 7 C.F.R. 273.9. 07-22-036, 388-492-0070, filed 10/30/07, effective 11/30/07. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090 and 7 C.F.R. 273.9 (d)(6)(iii)(b). 06-21-011, 388-492-0070, filed 10/6/06, effective 11/6/06. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090. 05-17-155, 388-492-0070, filed 8/22/05, effective 10/1/05; 05-08-008, 388-492-0070, filed 3/25/05, effective 4/25/05; 04-23-026, 388-492-0070, filed 11/8/04, effective 12/9/04. 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 04-23-026, filed 11/8/04, effective 12/9/04)

WAC 388-492-0080   Where do I report changes?   (1) You report all changes to the Social Security Administration (SSA) according to their reporting requirements. Social Security reports these changes to your WASHCAP worker.

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

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

(4) You can choose to report the following changes to your WASHCAP worker to see if you will get more food 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.

(5) If you or someone you authorize reports changes ((are reported)) to DSHS, proof may be required.

(6) If you report a change that could increase the amount of your food benefits, we will not increase the benefit amount if we have asked for proof and it has not been provided.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090. 04-23-026, 388-492-0080, filed 11/8/04, effective 12/9/04. 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.]


AMENDATORY SECTION(Amending WSR 04-23-026, filed 11/8/04, effective 12/9/04)

WAC 388-492-0100   How is my eligibility for WASHCAP food benefits reviewed?   (1) If the Social Security Administration (SSA) reviews your Supplemental Security Income (SSI) eligibility, they will also complete your review for WASHCAP. 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 food 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 food benefits.

(5) If we get your completed ((one-page)) application form more than thirty days after your benefits end, your WASHCAP food benefits open the first of the next month after:

(a) You turn in your application; and

(b) 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.

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

(a) By contacting the customer service center (CSC) at 1-877-501-2233;

(b) Over the internet;

(c) At any community services office (CSO);

(d) At any home and community services office (HCS); or

(e) At any Social Security Adminstration (SSA) office.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090. 04-23-026, 388-492-0100, filed 11/8/04, effective 12/9/04. 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.]

Reviser's note: The spelling 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 04-23-026, filed 11/8/04, effective 12/9/04)

WAC 388-492-0110   What happens if my WASHCAP food benefits end?   (1) If your WASHCAP food 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 benefits ((at)):

(a) ((Your local community services office (CSO); or)) By contacting the customer service center (CSC) at 1-877-501-2233;

(b) ((Your)) Over the internet;

(c) At any community services office (CSO);

(d) At any home and community services (HCS) office; or

(e) At any Social Security Administration (SSA) office.

(2) If your WASHCAP benefits end because you are disqualified under WAC 388-400-0040 (((13)(b))) (14)(b) or (e), you are not eligible for Basic Food 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 for any other reason:

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

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

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

(b) For the local CSO to decide if you are eligible for Basic Food benefits, you must:

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

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

(c) If you get medical assistance, we will send your medical case to the local CSO unless you are an HCS client;

(d) If your WASHCAP benefits closed because SSA ended your SSI, you will still receive the same medical benefits until we decide what medical program you are eligible for under WAC 388-418-0025.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090. 04-23-026, 388-492-0110, filed 11/8/04, effective 12/9/04. 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 04-23-026, filed 11/8/04, effective 12/9/04)

WAC 388-492-0120   What happens to my 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 benefits. See WAC 388-492-0030, Who can get WASHCAP?

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

(a) Are ineligible under WAC 388-400-0040 (((13)(b))) (14)(b) and (e) and 388-442-0010; or

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

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090. 04-23-026, 388-492-0120, filed 11/8/04, effective 12/9/04. 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.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 388-492-0130 What can I do if I disagree with a decision the department made about my WASHCAP benefits?

Washington State Code Reviser's Office