WSR 02-15-146

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed July 22, 2002, 3:56 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-11-063.

Title of Rule: WAC 388-412-0020 When do I get my benefits? and 388-412-0025 How do I get my benefits?

Purpose: The current rule contains a reference to electronic benefit transfer (EBT) accounts becoming inactive after ninety days of inactivity. The proposed rules would result in a change that, as of August 2001, EBT accounts no longer became inactive after ninety days of inactivity. We have also clarified information on how cash benefits can be claimed after they have been cancelled.

Statutory Authority for Adoption: RCW 74.04.510 and 74.08.090.

Statute Being Implemented: RCW 74.04.510 and 74.08.090.

Summary: These amendments will correct the information regarding when benefits become inactive. They will also clarify how people can claim cash that has been expunged from an EBT account.

Reasons Supporting Proposal: The information in the WAC will support what is actually occurring with EBT accounts. It will also provide information needed to claim expunged benefits.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Valerie Day, 1009 College S.E., Lacey, WA 98504, (360) 413-3357.

Name of Proponent: Department of Social and Health Services, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: Rule: WAC 388-412-0020 When do I get my benefits? and 388-412-0025 How do I get my benefits?

Purpose and Effect: As a result of these proposed rules, clients can continue to use their benefits for up to three hundred sixty-five days regardless of whether the account has been active during that time.

Proposal Changes the Following Existing Rules: The current rule contains a reference to electronic benefit transfer (EBT) accounts becoming inactive after ninety days of inactivity. As of August 2001, EBT accounts no longer became inactive after ninety days of inactivity. We have also provided information on how cash benefits can be claimed after they have been expunged.

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 financial eligibility of DSHS clients.

RCW 34.05.328 does not apply to this rule adoption. 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."

Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on August 27, 2002, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by August 23, 2002, phone (360) 664-6094, TTY (360) 664-6178, e-mail FernAX@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, e-mail fernaax@dshs.wa.gov, by 5:00 p.m., August 27, 2002.

Date of Intended Adoption: Not sooner than August 28, 2002.

July 18, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3141.2
AMENDATORY SECTION(Amending WSR 01-18-054, filed 8/30/01, effective 9/30/01)

WAC 388-412-0020   When do I get my benefits?   (1) If you get your ((on-going)) cash benefits on an electronic benefits card (EBT), you get your cash benefits issued on the first of ((the)) each month.

(2) ((You get your on-going food assistance within the first ten days of the month. The day of the month that)) If you get your cash benefits deposited directly to your bank account, electronic funds transfer (EFT), your money is deposited on the first working day of the month.

(3) If you get food assistance your benefits are issued by the tenth day of each month. The day you get your benefits is the same as the last number of your food assistance AU number. If the last number of your assistance unit (AU) number is zero, you get your benefits on the tenth.

[Statutory Authority: RCW 74.04.510 and 74.08.090. 01-18-054, 388-412-0020, filed 8/30/01, effective 9/30/01. Statutory Authority: RCW 74.04.510, 74.08.090, 74.04.055, 74.04.057 and S. 825, Public Law 104-193, Personal Responsibility and Work Opportunity Reconciliation Act of 1996. 99-02-039, 388-412-0020, filed 12/31/98, effective 1/31/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-412-0020, filed 7/31/98, effective 9/1/98.]


AMENDATORY SECTION(Amending WSR 01-18-054, filed 8/30/01, effective 9/30/01)

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

(a) A check to:

(i) A payee who is not approved for direct deposit; or

(ii) You if you get diversion cash assistance, additional requirements for emergent needs or clothing and personal incidentals (CPI) payments.

(b) Electronic funds transfer (EFT), which is a direct deposit into your own bank account; or

(c) Electronic benefit transfer (EBT)((;

(b) Direct deposit into you own bank account (electronic funds transfer-EFT); or

(c) Warrant if you have a payee who is not approved for direct deposit you receive ADATSA, diversion, additional requirements or clothing and personal incidentals (CPI) payments)) , electronic benefits card, a DSHS account to give you your benefits.

(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.

(3) Your food assistance benefits are deposited into your EBT account under time frames in WAC 388-412-0020.

(4) We establish an EBT account for each AU that receives their benefits by EBT.

(5) ((Your EBT account becomes inactive when you do not use it for ninety days. If you want to use the account after it becomes inactive, you must contact your local office and ask us to reactivate it.

(6))) Your cash and food assistance are canceled when you do not use your EBT benefits for three hundred sixty-five days. ((Your food assistance))

(a) Food benefits that have not been used for three hundred sixty-five days cannot be replaced.

(((7))) (b) You have two years to contact department of revenue in order to replace cash benefits that were cancelled because you did not use them for three hundred sixty-five days. After that time, you must contact the state treasurer to claim any cancelled funds.

(6) When you move to a state where you cannot use your EBT account we convert your food assistance to coupons ((when you move to a state where you cannot use your EBT account)). There may be up to one dollar and ninety-nine cents left in your EBT account after conversion. You must use the remaining balance ((left)) in your EBT account within seven days after we convert your benefits from EBT to coupons. We cancel these benefits if you do not use them within the seven days.

(((8) Cash)) (7) EBT benefits cannot be converted ((to warrants)) into checks. You must use your cash benefits from your EBT account.

[Statutory Authority: RCW 74.04.510 and 74.08.090. 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