WSR 02-18-105

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed September 3, 2002, 3:32 p.m. ]

Date of Adoption: August 30, 2002.

Purpose: The amended rules will correct the information about electronic benefit transfer accounts becoming inactive to indicate that they do not become inactive. It will also provide information on how cash assistance benefits can be claimed once an EBT account has been cancelled because of inactivity.

Citation of Existing Rules Affected by this Order: Amending WAC 388-412-0020 and 388-412-0025.

Statutory Authority for Adoption: RCW 74.04.510 and 74.08.090.

Adopted under notice filed as WSR 02-15-146 on July 22, 2002.

Changes Other than Editing from Proposed to Adopted Version: The following changes were made as a result of public comments:

WAC 388-412-0025 (1)(a), added after "EBT" the words, "electronic benefits card which is a direct deposit into a DSHS account that you access with a debit card called Quest."

WAC 388-412-0025 (5)(b), added after the first sentence: "You can contact department of revenue at 1-800-435-2429."

WAC 388-412-0025(1), the sequence of subsections (a), (b) and (c) were reordered without other changes than punctuation. All other changes were editorial only and did not change the effect of the rules.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.
Effective Date of Rule: Thirty-one days after filing.

August 30, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3141.3
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 deposited 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. When the first of the month is a federal holiday or a Sunday, the benefits are deposited the following day.

(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 either:

(a) Electronic benefit transfer (EBT), electronic benefits card which is a direct deposit into a DSHS account that you access with a debit card called Quest;

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

(c) ((Warrant if you have)) A check to:

(i) A payee who is not approved for direct deposit ((you receive ADATSA,)); or

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

(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 canceled because you did not use them for three hundred sixty-five days. You can contact department of revenue at 1-800-435-2429. After that time, you must contact the state treasurer to claim any canceled 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.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

Washington State Code Reviser's Office