WSR 02-18-083

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed August 30, 2002, 4:26 p.m. , effective October 1, 2002 ]

Date of Adoption: August 30, 2002.

Purpose: Amend existing rule to comply with federal requirements.

The Division of Employment and Assistance Programs is amending WAC 388-434-0010 How do I get recertified for food assistance benefits?, to comply with federal regulations on clients applying for food assistance after their certification period in WAC 388-416-0005 has ended.

Citation of Existing Rules Affected by this Order: Amending WAC 388-434-0010.

Statutory Authority for Adoption: RCW 74.04.050, 74.04.057, 74.04.510.

Other Authority: Title 7, Chapter II, Part 273 of the Code of Federal Regulations.

Adopted under notice filed as WSR 02-15-118 on July 18, 2002.

Changes Other than Editing from Proposed to Adopted Version: The only change from the proposed rule was editorial and does not change the meaning of the rule.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 1, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Effective Date of Rule: October 1, 2002.

August 29, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3142.3
AMENDATORY SECTION(Amending WSR 01-15-011, filed 7/6/01, effective 8/1/01)

WAC 388-434-0010   How do I get ((recertified for)) food assistance benefits after my certification period has ended?   To keep getting food assistance benefits after your certification period in WAC 388-416-0005 has ended, we must determine if you are still eligible for benefits. This is called recertification.

(1) To ((complete the recertification process)) be recertified for food assistance, you must:

(a) ((Submit)) Turn in and sign an application for benefits as required under WAC 388-406-0010. If you complete an electronic application, your signature is the password you use to complete the electronic application; ((and))

(b) Complete an interview if you are required to have an interview under WAC 388-452-0005; and

(c) Submit needed proof of your circumstances if we (((the department))) ask for it.

(2) ((You have thirty days after your certification period ends to complete the recertification process. However,)) If you reapply timely and ((complete the recertification process)) get recertified before your certification period ends, we will keep depositing your benefits ((continue to be deposited)) into your EBT (electronic benefit transfer) account on the same day of the month. To reapply timely, we must get your application ((no later than)) by:

(a) The fifteenth day of the last month of your certification period; or

(b) The fifteenth day after you get ((a notice of eligibility)) your approval letter for food assistance when your certification period is two months or less.

(3) When we decide if you are eligible for benefits, we will send you a letter to tell you that your benefits have been approved or denied as required under chapter 388-458 WAC. If you reapply timely and complete the ((recertification process)) steps required in subsection (1), you get ((a notice of)) the approval or denial letter:

(a) By the end of your current certification period if you completed the steps required in subsection (1) by the fifteenth day of the last month of your certification period; or

(b) By the thirtieth day after you got your last benefit amount ((in [if])) if you were certified for one month.

(4) ((If you reapply before your certification period ends, but fail to take a required action such as completing an interview or providing proof of your eligibility, we may deny your benefits:

(a) At that time; or

(b) At the end of the certification period; or

(c) At the end of thirty days)) If you do not turn in an application form by the end of your current certification period, you have not taken the action we require for you to get ongoing food assistance benefits. Your food assistance benefits stop at the end of your certification period.

(5) If you ((take the required action)) turn in your application before your certification period ends, we start your food assistance from the first of the month of your new certification period ((.

(6) If you take the required action within thirty days after your certification period ends, we start your food assistance from:

(a) The first of the month of your new certification period if we caused the delay; or

(b) The first of the month of your new certification period if we rescheduled a second interview per your request and you attended the rescheduled interview; or

(c) The date you take the required action.

(7) If you reapply after your certification period ends, your request is treated like an initial application and will be approved or denied under WAC 388-406-0035.

(8) See chapter 388-458 WAC for adequate notice and translation requirements)) after we determine if you are eligible for food assistance. If you do not reapply timely, your benefits for the first month of your new certification period may be delayed.

(6) If you turn in your application after your certification period ends, we treat the application as a new application for benefits. We start your food assistance from the date you turned in the application after we determine if you are eligible for food assistance.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.05.057, and 74.08.090. 01-15-011, 388-434-0010, filed 7/6/01, effective 8/1/01; 98-16-044, 388-434-0010, filed 7/31/98, effective 9/1/98.]

Washington State Code Reviser's Office