WSR 21-13-168
PERMANENT RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
[Filed June 23, 2021, 10:34 a.m., effective August 1, 2021]
Effective Date of Rule: August 1, 2021.
Purpose: The department is amending WAC 388-412-0025 How do I receive my benefits?, to align our processes and procedures with federal rules when suspending electronic benefit transfer (EBT) benefits for incarcerated individuals and recouping unused benefits on EBT cards.
Citation of Rules Affected by this Order: Amending WAC 388-412-0025.
Other Authority: 7 C.F.R. 274.2(i).
Adopted under notice filed as WSR 21-11-060 on May 14, 2021.
Changes Other than Editing from Proposed to Adopted Version: Subsection (3)(d) was left in errantly and is removed. New subsection (5) replaces subsection (3)(d).
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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 23, 2021.
Katherine I. Vasquez
Rules Coordinator
SHS-4864.2
AMENDATORY SECTION(Amending WSR 12-14-052, filed 6/28/12, effective 8/1/12)
WAC 388-412-0025How do I receive my benefits?
(1) You can choose to get your cash benefits by:
(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
(e) A warrant (check) to you if you get:
(i) Diversion cash assistance (DCA) that is not paid directly to a vendor;
(ii) Ongoing additional requirements (OAR) that cannot be paid directly to a vendor; or
(iii) Clothing and personal incidentals (CPI) payments.
(2) We send your basic food benefits to you by EBT.
(3) 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.
(c) You must use your cash and basic food benefits from your EBT account. We cannot transfer cash to your bank account or change cash or basic food benefits to checks.
(((d) Unused EBT benefits: If you do not use your EBT account within three hundred sixty-five days, we cancel the cash and basic food benefits on your account.))
(4) Suspended EBT benefits:
(a) We suspend access to benefits from your EBT account if:
(i) You are a single-person household; and
(ii) We are notified that you are incarcerated over thirty days.
(b) You must contact the department upon release to activate your EBT account for use within forty-eight hours.
(5) Unused EBT benefits:
(a) If you do not use your EBT account within two-hundred seventy-four days, we cancel the cash and basic food on your account; or
(b) Benefits on your account will be canceled upon verification you and all members of your household are deceased.
(6)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.
(c) Replacing cash warrants:
(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.
(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.
(((5)))(7)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.