WSR 02-17-029



(Economic Services Administration)

[ Filed August 12, 2002, 3:24 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-12-070.

Title of Rule: WAC 388-406-0015 Can I get food assistance right away?

Purpose: To clarify language in subsection (3)(a) and (b) and to delete language restricting expedited service start date to only SSI recipients in subsection (5)(c).

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.

Summary: The amendment of this rule removes restrictive language about when expedited count start date begins for those clients leaving an institution and to clarify that the appropriate utility allowance should be used in place of the standard utility allowance.

Name of Agency Personnel Responsible for Drafting: Carole McRae, Division of Employment and Assistance Programs, P.O. Box 45470, Olympia, WA 98504-5470, (360) 413-3074; Implementation: Pam Raymond, Division of Employment and Assistance Programs, P.O. Box 45470, Olympia, WA 98504-5470, (360) 413-3087; and Enforcement: Division of Employment and Assistance Programs, P.O. Box 45470, Olympia, WA 98504-5470, (360) 413-3205.

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

Rule is necessary because of federal law, 20 C.F.R. 416.2130.

Explanation of Rule, its Purpose, and Anticipated Effects: Purpose and Effect: This change is intended to clarify which utility allowance can be used in calculating food assistance benefits and to remove restrictive language on clients' expedited start dates when leaving institutions.

Proposal Changes the Following Existing Rules: The change to this rule clarifies for clients and financial workers which utility allowance can be used when calculating food assistance benefits for expedited food assistance. The new rule also removes the restriction of having to be an SSI recipient in order to take advantage of expedited start date rules when leaving an institution.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The changes as a result of these rules do not affect small businesses. They affect client eligibility for DSHS services and in this particular case are intended to clarify utility allowance and to remove the restriction of having to be an SSI recipient in order to take advantage of expedited start date rules when leaving an institution.

RCW 34.05.328 does not apply to this rule adoption. These rules are exempt from significant legislative rule requirements per 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 September 24, 2002, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by September 20, 2002, phone (360) 664-6094, TTY (360) 664-6178, e-mail

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, by 5:00 p.m., September 24, 2002.

Date of Intended Adoption: Not earlier than September 25, 2002.

August 9, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

AMENDATORY SECTION(Amending WSR 01-18-036, filed 8/28/01, effective 10/1/01)

WAC 388-406-0015   Can I get food assistance right away?   (1) When the department gets your food assistance application, we look at your circumstances to see if you can get benefits within five calendar days. This is called "expedited service."

(2) To get expedited service, you must provide proof of who you are and meet one of these three conditions:

(a) You have available cash of one hundred dollars or less and have monthly income before taxes under one hundred fifty dollars; or

(b) Your monthly income before taxes plus available cash is less than the total of your shelter costs such as your rent or mortgage and utilities; or

(c) You are a destitute migrant or seasonal farm worker household, as defined in WAC 388-406-0021, and your household's available cash does not exceed one hundred dollars.

(3) To determine the amount of utilities to use to decide if you can get expedited services, we allow:

(a) The ((standard)) appropriate utility allowance (((SUA))) under WAC 388-450-0195, if you have heating or cooling costs and the ((SUA)) appropriate utility allowance is greater than the amount you pay; or

(b) The amount you pay, if it is greater than the ((SUA)) appropriate utility allowance.

(4) If you are eligible for expedited service and are not required to have an office interview, you can:

(a) Have a telephone interview or a home visit; and

(b) Still get benefits within ((five-days)) five days.

(5) If you are an applicant, "day one" of your five-day expedited service period starts on the:

(a) Day after the date your application is filed; or

(b) Date of the rescheduled interview when you are screened as expedited service eligible but do not show up for your initial interview; or

(c) Date you are released from a public institution ((if you are an SSI recipient)); or

(d) Date of your interview when you:

(i) Waive your expedited interview and are found eligible for expedited service during your rescheduled interview; or

(ii) Are screened as ineligible for expedited service and later found eligible for the service during your interview; or

(iii) Do not request expedited service on the application and are found eligible for the service during your interview.

(6) If you get expedited service and are found eligible for food assistance, we give you benefits for no more than two months. If we give you benefits and we need additional information to decide if you are eligible for continued benefits, you have up to thirty days from the date ((of application)) you applied to give us the information.

(7) If you have received expedited service in the past, you can get this service again if you meet the requirements listed in subsection (2) above and you:

(a) Gave us all the information we needed to prove eligibility for your last expedited service benefit period; or

(b) Were certified under normal processing standards after your last expedited certification.

(8) If you reapply and request expedited service before your certification period ends, you are not eligible for expedited service.

(9) If you reapply after your certification period ends and request expedited service, your five-day expedited service period is the same as a new application.

(10) If you are denied expedited service, you can ask for a department review of your case. We review the decision within two working days from the date we denied you expedited service.

[Statutory Authority: RCW 74.04.510 and 74.08.090. 01-18-036, 388-406-0015, filed 8/28/01, effective 10/1/01. Statutory Authority: RCW 74.04.510 and Section 11 (e)(9) of the Food Stamp Act. 00-06-015, 388-406-0015, filed 2/22/00, effective 4/1/00. Statutory Authority: RCW 74.08.090 and 74.04.510. 99-16-024, 388-406-0015, filed 7/26/99, effective 9/1/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-406-0015, filed 7/31/98, effective 9/1/98.]

Washington State Code Reviser's Office