Original Notice.

     Preproposal statement of inquiry was filed as WSR 12-06-079 and 11-17-136.

     Title of Rule and Other Identifying Information: The community services division is proposing to amend WAC 388-412-0025 How do I get my benefits?

     Hearing Location(s): Office Building 2, Lookout Room, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at http://www1.dshs.wa.gov/msa/rpau/RPAU-OB-2directions.html or by calling (360) 664-6094), on June 5, 2012, at 10:00 a.m.

     Date of Intended Adoption: Not earlier than June 6, 2012.

     Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 1115 Washington Street S.E., Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on June 5, 2012.

     Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by May 22, 2012, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at jennisha.johnson@dshs.wa.gov.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed amendments will:

•	Allow monthly state supplemental payment (SSP) benefits to be deposited directly into a recipient's bank account as an electronic funds transfer (EFT), or into an electronic benefits transfer (EBT) account that can be accessed with a debit card called the Washington EBT Quest card.
•	Streamline the rules for use of EBT accounts.
•	Eliminate the additional requirements for emergent needs language to align with WAC 388-436-0002.

     Reasons Supporting Proposal: The proposed amendments are necessary to reduce expenditures associated with issuing benefits as a paper warrant.

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

     Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090.

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

     Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: All agency comments are implemented.

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

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Olga Walker, 712 Pear Street S.E., Olympia, 98501, (360) 725-4641.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. These proposed changes do not have an economic impact on small business.

     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)(ii) Rules relating only to internal governmental operations that are not subject to violation by a nongovernmental party;

     (b)(vii): "[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."

April 26, 2012

Katherine I. Vasquez

Rules Coordinator

     (a) Electronic benefit transfer (EBT), 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 an approved authorized representative (AREP);

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

     (((d))) (e) A warrant (check) to you if you get:

     (i) Diversion cash assistance (DCA) that ((cannot be)) is not 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; or

     (((iv))) (iii) Clothing and personal incidentals (CPI) payments((; or

     (v) State supplemental payment (SSP) and you do not receive your benefit through EFT)).

     (2) We send your Basic Food benefits to you by EBT.

     (3) ((We set up an EBT account for the head of household of each AU that receives benefits by EBT.

     (4))) EBT accounts:

     (a) We set up an EBT account for the head of household of each assistance unit (AU) that receives benefits by EBT.

     (b) 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))) (c) You must use your cash and Basic Food benefits from your EBT account. We ((do not convert)) cannot transfer cash to your bank account or change cash or Basic Food benefits to checks.

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

     (4) Replacing benefits:

     (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))) (c) 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))) (i) 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.

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

     (((b))) (iii) If we issued the benefits as a warrant more than one hundred sixty days ago, the Office of Accounting Services (OAS) can replace the warrant. We will contact OAS with the request.

     (((9))) (5) Correcting your EBT balance: When you make a purchase with your EBT card a system error can occur where the purchase amount is not deducted from your EBT account. When the error is discovered the following will happen:

     (a) You will be notified in writing of the system error before the money is removed from your account; and

     (b) You will have ninety days to request an administrative hearing. If you ask for an administrative hearing within ten calendar days, the money will not be removed from your EBT account unless:

     (i) You withdraw your administrative hearing request in writing;

     (ii) You do not follow through with the administrative hearing process; or

     (iii) The administrative law judge tells us in writing to remove the money.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.500, 74.04.510, 74.04.005, 74.08.090, 74.08A.020, 7 C.F.R. 274.12 and Quest operating rules. 09-21-071, § 388-412-0025, filed 10/16/09, effective 11/16/09. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.500, 74.04.510, 74.04.515, 74.08.090, and 7 C.F.R. 274.12. 07-04-029, § 388-412-0025, filed 1/29/07, effective 3/1/07. 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.]

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