PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
Original Notice.
Preproposal statement of inquiry was filed as WSR 00-08-088.
Title of Rule: WAC 388-492-0010 WASHCAP definitions, 388-492-0020 What is WASHCAP?, 388-492-0030 Who can get WASHCAP?, 388-492-0040 Can I choose whether I get WASHCAP or regular food assistance?, 388-492-0050 How do I apply for WASHCAP benefits?, 388-492-0060 How do I get my WASHCAP benefits?, 388-492-0070 How are my WASHCAP benefits calculated?, 388-492-0080 Where do I report changes?, 388-492-0090 How often does my WASHCAP case need to be reviewed?, 388-492-0100 How is my eligibility for WASHCAP reviewed?, 388-492-0110 What happens if my WASHCAP benefits end?, 388-492-0120 What happens to my WASHCAP benefits if I am disqualified?, and 388-492-0130 What can I do if I disagree with a decision the department made about my WASHCAP benefits?
Purpose: Create a simplified food assistance program for certain Washington state residents who receive supplemental security income (SSI) benefits from Social Security Administration.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.500, 74.04.510, 74.08.090.
Statute Being Implemented: RCW 74.04.500, 74.04.510, 74.08.090.
Summary: See Purpose above.
Reasons Supporting Proposal: The food stamp program is a complex program with many verification requirements that sometimes create barriers to accessing benefits for clients in need. The United States Department of Agriculture, Food and Nutrition Service (FNS) now allows states to have a simplified application process for certain clients who receive SSI. The Washington Combined Application Project (WASHCAP) creates a simplified food stamp program for this population.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: John Camp, Division of Employment and Assistance Programs, P.O. Box 45480, Olympia, WA 98504-5480, (360) 413-3232.
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: WAC 388-492-0010 WASHCAP definitions, 388-492-0020 What is WASHCAP?, 388-492-0030 Who can get WASHCAP?, 388-492-0040 Can I choose whether I get WASHCAP or regular food assistance?, 388-492-0050 How do I apply for WASHCAP benefits?, 388-492-0060 How do I get my WASHCAP benefits?, 388-492-0070 How are my WASHCAP benefits calculated?, 388-492-0080 Where do I report changes?, 388-492-0090 How often does my WASHCAP case need to be reviewed?, 388-492-0100 How is my eligibility for WASHCAP reviewed?, 388-492-0110 What happens if my WASHCAP benefits end?, 388-492-0120 What happens to my WASHCAP benefits if I am disqualified?, and 388-492-0130 What can I do if I disagree with a decision the department made about my WASHCAP benefits?
Proposal Changes the Following Existing Rules: This proposal creates a simplified food assistance program for certain Washington state residents who receive supplemental security income (SSI) benefits from Social Security Administration.
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.
RCW 34.05.328 does not apply to this rule adoption. These rules do not meet the definition of significant legislative rule.
Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on October 9, 2001, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Fred Swenson by October 1, 2001, phone (360) 664-6097, TTY (360) 664-6178, e-mail swensfh@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, by October 9, 2001.
Date of Intended Adoption: No earlier than October 10, 2001.
August 30, 2001
Brian H. Lindgren, Manager
Rules and Policies Assistance Unit
2959.4WASHINGTON COMBINED APPLICATION PROJECT
"Centralized unit" -- The unit that handles all WASHCAP cases for the state except for cases that get services from Home and community service office (HCS). The centralized unit or HCS office processes new applications for WASHCAP benefits and handles current WASHCAP cases.
"Date of application" -- The date SSA approves SSI.
"Date of first issuance" -- The date food assistance benefits begin. WASHCAP benefits begin the first of the month after the month SSA authorizes on-going SSI benefits through ACES and SDX. We do not consider a retroactive payment as an on-going benefit.
"Pure SSI household" -- Every member of the assistance unit is eligible for SSI on their own behalf.
"SSA" -- Social Security Administration. A federal agency that issues all SSA and SSI cash benefits.
"SSI" -- Supplemental Security Income. The SSA federal cash grant program for aged, blind or disabled clients.
"WASHCAP" -- Washington combined application project. A simplified food assistance program that automatically opens food assistance benefits for certain SSI clients.
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(1) If you live in Washington state and get SSI, SSA asks you if you want to get food assistance benefits. If you meet the requirements of WAC 388-492-0030, you will get your food assistance benefits through WASHCAP.
(2) If you are eligible for WASHCAP, SSA electronically sends us the information we need to open your benefits. You do not have to go to your local community services office to apply for food assistance benefits.
(3) If you want food assistance benefits right away, you must apply for regular food assistance benefits at your local community services office.
(4) While you get WASHCAP benefits, you must report all changes to SSA. SSA automatically shares your information with us.
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(a) Get at least one dollar federal SSI benefits from SSA. We do not consider the state supplement as federal SSI benefits;
(b) Live alone or SSA considers you as a single household;
(c) Buy and cook your food separately from others you live with;
(d) Do not have any earned income; and
(e) If you live in an institution, SSA expects you to be there for less than ninety days.
(2) You are not eligible for WASHCAP if:
(a) You live in an institution for ninety days or longer;
(b) SSA expects you to live in an institution for ninety days or longer;
(c) SSA tells us you have earned income for more than three months in a row; or
(d) You are under age twenty-two and you live in the same home as your parents.
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(1) Your shelter costs are more than four hundred eighty dollars a month. We count the following items as a shelter cost:
(a) Rent or mortgage;
(b) Taxes;
(c) Homeowner's insurance (for the building only);
(d) Mandatory homeowner's association or condo fees; and
(e) Basic utilities such as heat, water, garbage, and local phone service.
(2) Your out-of pocket medical expenses are more than thirty-five dollars a month; or
(3) You would get more benefits from being in the regular food assistance program.
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(2) If you are eligible for WASHCAP benefits, your benefits will start the first of the month after the month you start getting on-going SSI benefits.
(3) If you need food assistance in five days or less, you must apply for expedited service at the local CSO or HCS office. SSA may also take your application.
(4) If you want food assistance before you get SSI, you must apply for regular food assistance at:
(a) SSA;
(b) Your local community services office (CSO); or
(c) Your local home and community services (HCS) office if you get long-term care services.
(5) If you get regular food assistance, you will still get these benefits:
(a) Through the end of your certification period; or
(b) Until you are approved for WASHCAP benefits.
(6) If your regular food assistance ends before you are eligible for WASHCAP, you must reapply for these benefits.
(7) If you get regular food assistance and you become eligible for WASHCAP, we will automatically change your benefits to WASHCAP.
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(2) The department issues your EBT food assistance benefits according to WAC 388-412-0025.
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(1) We begin with your gross income. (Social Security tells us how much income you have.)
(2) We subtract a standard deduction of one hundred thirty-four dollars to get your countable income.
(3) We figure your shelter cost as follows:
(a) If Social Security tells us you pay two hundred ninety dollars or more a month for shelter, we use three hundred dollars as your shelter cost; or
(b) If Social Security tells us you pay less than two hundred ninety dollars a month for shelter, we use one hundred forty-four dollars as your shelter cost; and
(c) If you have utility costs separate from your rent or mortgage we add the current standard utility allowance under WAC 388-450-0195 to determine your total shelter cost.
(4) We figure your shelter deduction by subtracting one half of your countable income from your shelter cost.
(5) We figure your net WASHCAP income by subtracting your shelter deduction from your countable income.
(6) We figure your WASHCAP benefits (allotment) by:
(a) Multiplying your net WASHCAP income by thirty percent and rounding up to the next whole dollar; and
(b) Subtracting the result from the maximum allotment under WAC 388-478-0060.
(c) If you are eligible for WASHCAP, your assistance unit will get at least ten dollars food benefits each month.
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(2) If SSA does not review your SSI eligibility, we will mail you a one-page application two months before your WASHCAP benefits end. You must complete and return this application to the WASHCAP unit or your local HCS office.
(3) We do WASHCAP reviews by mail.
(4) If we get your completed one-page application after your WASHCAP benefits end, we will reopen your benefits back to the first of the month if:
(a) We get your application form within thirty days from the end of your certification period; and
(b) You are still eligible for WASHCAP.
(5) If you are no longer eligible for WASHCAP benefits, we will decide if you are eligible for regular food assistance. We may ask you to give us more information or verification if we cannot make a decision with the information we have.
(6) If we get your completed one-page application form more than thirty days after your benefits end, we will open your WASHCAP benefits the first of the next month after you turn in your application and SSA shows you are eligible for WASHCAP in their system.
(7) If you want regular food assistance while you are waiting for WASHCAP benefits, you must apply for these benefits.
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(2) If your WASHCAP benefits end because you are disqualified for food assistance under WAC 388-400-0040, you are not eligible for regular food assistance. If you get medical assistance, we will send your medical assistance case to your local office.
(3) If your WASHCAP benefits end because SSA stopped your SSI benefits:
(a) We will send you an application for regular food assistance and information about what you must verify in order to get benefits.
(b) You will still receive the same medical benefits until we decide what medical programs you are eligible for under WAC 388-418-0025.
(c) When we get your completed application, we will interview you over the phone. If we need more information to decide if you are eligible, we will tell you what we need.
(d) After we decide if you are eligible for regular food assistance, we will send your case to the local office.
(4) If your WASHCAP benefits end for any other reason:
(a) We will send you an application for regular food assistance along with:
(i) The address of your local office; and
(ii) Information about what you must verify in order to get benefits.
(b) If you get medical assistance, we will send your medical assistance case to the local office;
(c) For the office to decide if you are eligible for food assistance, you must:
(i) Finish the application process for food assistance under chapter 388-406 WAC; and
(ii) Have an interview for food assistance under WAC 388-452-0005.
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(2) If you are disqualified from receiving food assistance for any reason, you will not get WASHCAP food benefits. See WAC 388-400-0040(9) for persons disqualified.
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(2) You can ask for a hearing by contacting the central unit, home community service office or any responsible department or office of administrative hearings employee.
(3) See chapter 388-08 WAC for information on the fair hearing process.
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