Effective Date of Rule: August 1, 2012.

     Purpose: The department is amending WAC 388-412-0025 to:

•	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 electronic benefits transfer (EBT) accounts.
•	Eliminate the additional requirements for emergent needs language to align with WAC 388-436-0002.

     Citation of Existing Rules Affected by this Order: Amending WAC 388-412-0025.

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

      Adopted under notice filed as WSR 12-10-097 on May 2, 2012.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

     Date Adopted: June 27, 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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