Original Notice.

     Preproposal statement of inquiry was filed as WSR 11-15-104.

     Title of Rule and Other Identifying Information: To continue ESHB 2082, Laws of 2011 implementation, the department is proposing to amend WAC 388-406-0035 How long does the department have to process my application?, 388-412-0005 General information about your cash benefits, 388-446-0005 Disqualification period for cash assistance, 388-450-0015 What types of income are not used by the department to figure out my benefits?, 388-450-0025 What is unearned income?, 388-450-0245 When are my benefits suspended?, 388-470-0055 How do my resources count toward the resource limit for Basic Food?, and 388-472-0005 What are my rights and responsibilities?

     Hearing Location(s): Office Building 2, Lookout Room, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at http://www1.dshs.wa.gov/msa/rpau/RPAU-OB-2directions.html or by calling (360) 664-6094), on February 7, 2012, at 10:00 a.m.

     Date of Intended Adoption: Not earlier than February 8, 2012.

     Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 1115 Washington Street S.E., Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on February 7, 2012.

     Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by January 18, 2012, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at jennisha.johnson@dshs.wa.gov.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed amendments are necessary to eliminate reference to general assistance (GA) and disability lifeline (DL), and include reference to the new programs aged, blind, or disabled (ABD) assistance and pregnant women assistance (PWA) established November 1, 2011.

     Reasons Supporting Proposal: These changes are necessary to comply with ESHB 2082 Laws of 2011, terminating all components of the DL program effective October 31, 2011, and establishing the ABD assistance and the PWA programs effective November 1, 2011.

     Statutory Authority for Adoption: RCW 74.04.005, 74.04.050, 74.04.055, 74.04.057, 74.08.090, 74.08A.100, 74.04.770, 74.04.0052, 74.04.655, 74.08.043, 74.08.335.

     Statute Being Implemented: ESHB 2082, Laws of 2011.

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

     Name of Proponent: Department of social and health services, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Aurea Figueroa-Rogers, 712 Pear Street S.E., Olympia, WA 98503, (360) 725-4623.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. These proposed rules do not have an economic impact on small businesses. The proposed amendments only affect DSHS clients by defining eligibility for PWA and ABD cash assistance.

     A cost-benefit analysis is not required under RCW 34.05.328. 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."

December 20, 2011

Katherine I. Vasquez

Rules Coordinator

     (2) Unless your eligibility determination is delayed for good cause under WAC 388-406-0040, we process your application for benefits within thirty calendar days, except:

     (a) If you are pregnant, we must process your application for medical within fifteen working days;

     (b) If you are applying for ((general assistance (GA-U))) aged, blind, or disabled (ABD) assistance, alcohol or drug addiction treatment (ADATSA), or medical assistance, we must process your application within forty-five calendar days unless there is good cause as described in WAC 388-406-0045; and

     (c) If you are applying for medical assistance that requires a disability decision, we must process your application within sixty calendar days.

     (3) For calculating time limits, "day one" is the date following the date:

     (a) The department received your application for benefits under WAC 388-406-0010;

     (b) Social Security gets a request for food benefits from a Basic Food assistance unit in which all members either get or are applying for Supplemental Security Income (SSI);

     (c) You are released from an institution if you get or are authorized to get SSI and request Basic Food through Social Security prior to your release.

[Statutory Authority: RCW 74.08.060, 74.04.050, 74.04.057, 74.08.090, and 2009 c 198. 09-19-129, § 388-406-0035, filed 9/22/09, effective 11/1/09. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510. 03-22-039, § 388-406-0035, filed 10/28/03, effective 12/1/03. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 74.08.090. 02-11-137, § 388-406-0035, filed 5/21/02, effective 7/1/02. Statutory Authority: RCW 74.08.090 and 74.04.510. 99-16-024, § 388-406-0035, 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, § 388-406-0035, filed 7/31/98, effective 9/1/98. Formerly WAC 388-504-0470.]

     (2) You cannot receive the same type of benefits in:

     (a) Two states in the same month; or

     (b) Two AUs in the same month; unless

     (c) You left the AU to live in a shelter for battered women and children. See WAC 388-408-0045.

     (3) If you are married and both you and your spouse get ((Disability Lifeline)) aged, blind, or disabled (ABD) assistance, you and your spouse are one AU.

     (4) Your grant is rounded down to the next whole dollar amount unless:

     (a) You get a clothing and personal incidental (CPI) allowance; or

     (b) Your benefits are reduced to pay an overpayment.

     (5) We do not issue any cash benefits if you are eligible for less than ten dollars unless:

     (a) You get a CPI allowance;

     (b) Your benefits are reduced to pay an overpayment; or

     (c) You get Supplemental Social Security (SSI) interim assistance payments.

     (6) You may use your cash benefits to pay for basic living expenses as detailed under WAC 388-412-0046 (1)(c).

     (7) You may not use your electronic benefit transfer (EBT) cards or cash obtained with EBT cards for any of the activities specified under WAC 388-412-0046 (1)(d).

     (8) If you choose to withdraw your cash benefits using an automated teller machine (ATM), our EBT vendor may charge a fee for the transaction in addition to any charges by the bank or ATM owner.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, 74.04.510, 74.04.770, 74.12.260, 74.08.580, 9.91.142, 7 C.F.R. 273.16, the Food and Nutrition Act of 2008 as amended and 42 U.S.C. 601a; and 2011 c 42. 11-19-047, § 388-412-0005, filed 9/13/11, effective 10/14/11. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. 05-02-015, § 388-412-0005, filed 12/27/04, effective 1/27/05. Statutory Authority: RCW 74.04.510 and 74.08.090. 01-18-054, § 388-412-0005, filed 8/30/01, effective 9/30/01; 99-16-024, § 388-412-0005, filed 7/26/99, effective 9/1/99. 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, § 388-412-0005, 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, § 388-412-0005, filed 7/31/98, effective 9/1/98.]

     (a) For TANF/SFA, the conviction was based on actions which occurred on or after May 1, 1997; or

     (b) For ((general assistance)) aged, blind, or disabled (ABD) assistance, the conviction was based on actions which occurred on or after July 23, 1995.

     (2) The disqualification period must be determined by the court and will be:

     (a) For a first conviction, no less than six months; and

     (b) For a second or subsequent conviction, no less than twelve months.

     (3) The disqualification applies only to the person convicted and begins on the date of conviction.

     (4) A recipient's cash benefits are terminated following advance or adequate notice requirements as specified in WAC 388-458-0030.

[Statutory Authority: RCW 74.08.090, 74.04.050, 74.04.055, 74.04.057. 04-13-097, § 388-446-0005, filed 6/21/04, effective 7/22/04; 98-16-044, § 388-446-0005, filed 7/31/98, effective 9/1/98.]

     (1) Unearned income is income you get from a source other than employment or self-employment. Some examples of unearned income are:

     (a) Railroad retirement;

     (b) Unemployment compensation;

     (c) Social Security benefits (including retirement benefits, disability benefits, and benefits for survivors);

     (d) Time loss benefits as described in WAC 388-450-0010, such as benefits from the department of labor and industries (L&I); or

     (e) Veteran Administration benefits.

     (2) For food assistance we also count the total amount of cash benefits due to you before any reductions caused by your failure (or the failure of someone in your assistance unit) to perform an action required under a federal, state, or local means-tested public assistance program, such as TANF/SFA, ((GA)) ABD assistance, PWA, and SSI.

     (3) When we count your unearned income, we count the amount you get before any taxes are taken out.

[Statutory Authority: RCW 74.08.090 and 74.04.510. 02-20-069, § 388-450-0025, filed 9/30/02, effective 10/31/02; 99-17-025, § 388-450-0025, filed 8/10/99, effective 10/1/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-450-0025, filed 7/31/98, effective 9/1/98.]

     (2) We suspend your AU's benefits for one month when your expected total countable income under WAC 388-450-0162:

     (a) Is more than the dollar limit for your AU; and

     (b) If over these limits for only that one month.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, and 74.04.510. 03-21-029, § 388-450-0245, filed 10/7/03, effective 11/1/03. Statutory Authority: RCW 74.04.510. 00-01-012, § 388-450-0245, filed 12/3/99, effective 1/1/00. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-450-0245, filed 7/31/98, effective 9/1/98.]

     (1) If you apply for or get cash, food or medical assistance benefits you have the right to:

     (a) Have your rights and responsibilities explained to you and given to you in writing;

     (b) Have us explain the legal use of DSHS benefits to you;

     (c) Be treated politely and fairly no matter what your race, color, political beliefs, national origin, religion, age, gender, disability or birthplace;

     (d) Request benefits by giving us an application form using any method listed under WAC 388-406-0010. You can ask for and get a receipt when you give us an application or other documents;

     (e) Have your application processed as soon as possible. Unless your application is delayed under WAC 388-406-0040, we process your application for benefits within thirty days, except:

     (i) If you are eligible for expedited services under WAC 388-406-0015, you get food assistance within seven days. If we deny you expedited services, you have a right to ask that the decision be reviewed by the department within two working days from the date we denied your request for expedited services;

     (ii) If you are pregnant and otherwise eligible, you get medical within fifteen working days;

     (iii) ((Disability lifeline (DL))) Aged, blind, or disabled (ABD) assistance, alcohol or drug addiction treatment (ADATSA), or medical assistance may take up to forty-five days; and

     (iv) Medical assistance requiring a disability decision may take up to sixty days.

     (f) Be given at least ten days to give us information needed to determine your eligibility and be given more time if you ask for it. If we do not have the information needed to decide your eligibility, then we may deny your request for benefits;

     (g) Have the information you give us kept private. We may share some facts with other agencies for efficient management of federal and state programs;

     (h) Ask us not to collect child support or medical support if you fear the noncustodial parent may harm you, your children, or the children in your care;

     (i) Ask for extra money to help pay for temporary emergency shelter costs, such as an eviction or a utility shutoff, if you get TANF;

     (j) Get a written notice, in most cases, at least ten days before we make changes to lower or stop your benefits;

     (k) Ask for an administrative hearing if you disagree with a decision we make. You can also ask a supervisor or administrator to review our decision or action without affecting your right to a fair hearing;

     (l) Have interpreter or translator services given to you at no cost and without delay;

     (m) Refuse to speak to a fraud investigator. You do not have to let an investigator into your home. You may ask the investigator to come back at another time. Such a request will not affect your eligibility for benefits; and

     (n) Get help from us to register to vote.

     (2) If you get cash, food, or medical assistance, you are responsible to:

     (a) Tell us if you are pregnant, in need of immediate medical care, experiencing an emergency such as having no money for food, or facing an eviction so we can process your request for benefits as soon as possible;

     (b) Report the following expenses so we can decide if you can get more food assistance:

     (i) Shelter costs;

     (ii) Child or dependent care costs;

     (iii) Child support that is legally obligated;

     (iv) Medical expenses; and

     (v) Self-employment expenses.

     (c) Report changes as required under WAC 388-418-0005 and 388-418-0007.

     (d) Give us the information needed to determine eligibility;

     (e) Give us proof of information when needed. If you have trouble getting proof, we help you get the proof or contact other persons or agencies for it;

     (f) Cooperate in the collection of child support or medical support unless you fear the noncustodial parent may harm you, your children, or the children in your care;

     (g) Apply for and get any benefits from other agencies or programs prior to getting cash assistance from us;

     (h) Complete reports and reviews when asked;

     (i) Look for, get, and keep a job or participate in other activities if required for cash or food assistance;

     (j) Give your Provider One services card to your medical care provider;

     (k) Cooperate with the quality control review process;

     (l) Keep track of your EBT card for cash and food assistance and keep your personal identification number (PIN) secure. If you receive multiple replacement EBT cards, this may trigger an investigation to determine if you are trafficking benefits as described under WAC 388-412-0046 (2)(d); and

     (m) Use your cash and food assistance benefits only as allowed under WAC 388-412-0046.

     (3) If you are eligible for necessary supplemental accommodation (NSA) services under chapter 388-472 WAC, we help you comply with the requirements of this section.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, 74.04.510, 74.04.770, 74.12.260, 74.08.580, 9.91.142, 7 C.F.R. 273.16, the Food and Nutrition Act of 2008 as amended and 42 U.S.C. 601a; and 2011 c 42. 11-19-047, § 388-472-0005, filed 9/13/11, effective 10/14/11. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.500, 74.04.510, 74.08.090, 74.08.010. 11-07-014, § 388-472-0005, filed 3/8/11, effective 4/8/11. Statutory Authority: RCW 74.04.050, 74.04.055. 08-18-007, § 388-472-0005, filed 8/22/08, effective 9/22/08. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 74.08.090. 02-14-023, § 388-472-0005, filed 6/21/02, effective 7/1/02; 01-10-104, § 388-472-0005, filed 5/1/01, effective 6/1/01. Statutory Authority: RCW 74.08.090 and 74.04.510. 99-17-025, § 388-472-0005, filed 8/10/99, effective 10/1/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-472-0005, filed 7/31/98, effective 9/1/98. Formerly WAC 388-504-0430, 388-504-0440, 388-504-0450 and 388-505-0560.]

     (1) There are some types of income we do not count to figure out if you can get benefits and the amount you can get. Some examples of income we do not count are:

     (a) Bona fide loans as defined in WAC 388-470-0045, except certain student loans as specified under WAC 388-450-0035;

     (b) Federal income tax refunds and earned income tax credit (EITC) payments in the month received;

     (c) Federal economic stimulus payments that are excluded for federal and federally assisted state programs;

     (d) Federal twenty-five dollar supplemental weekly unemployment compensation payment authorized by the American Recovery and Reinvestment Act of 2009;

     (e) Title IV-E and state foster care maintenance payments if you choose not to include the foster child in your assistance unit;

     (f) Energy assistance payments;

     (g) Educational assistance we do not count under WAC 388-450-0035;

     (h) Native American benefits and payments we do not count under WAC 388-450-0040;

     (i) Income from employment and training programs we do not count under WAC 388-450-0045;

     (j) Money withheld from a benefit to repay an overpayment from the same income source. For Basic Food, we do not exclude money that is withheld because you were overpaid for purposely not meeting requirements of a federal, state, or local means tested program such as TANF/SFA, ((GA)) aged, blind, or disabled (ABD) cash assistance, pregnant women assistance (PWA), and SSI;

     (k) Legally obligated child support payments received by someone who gets TANF/SFA benefits;

     (l) One-time payments issued under the Department of State or Department of Justice Reception and Replacement Programs, such as Voluntary Agency (VOLAG) payments; and

     (m) Payments we are directly told to exclude as income under state or federal law.

     (n) For cash and Basic Food: Payments made to someone outside of the household for the benefits of the assistance unit using funds that are not owed to the household;

     (o) For Basic Food only: The total monthly amount of all legally obligated current or back child support payments paid by the assistance unit to someone outside of the assistance unit for:

     (i) A person who is not in the assistance unit; or

     (ii) A person who is in the assistance unit to cover a period of time when they were not living with the member of the assistance unit responsible for paying the child support on their behalf.

     (p) For medical assistance: Only the portion of income used to repay the cost of obtaining that income source.

     (2) For children's, family, or pregnancy medical, we also do not count any insurance proceeds or other income you have recovered as a result of being a Holocaust survivor.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, chapter 74.12 RCW, and The Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010. 11-21-025, § 388-450-0015, filed 10/11/11, effective 10/29/11. Statutory Authority: RCW 74.04.005, 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090, and Worker, Homeownership, and Business Assistance Act of 2009. 10-17-103, § 388-450-0015, filed 8/17/10, effective 8/19/10. Statutory Authority: RCW 74.04.005, 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090, and P.L. 107-171, section 4101. 09-15-085 and 09-16-095, § 388-450-0015, filed 7/14/09 and 8/4/09, effective 11/15/09. Statutory Authority: RCW 74.04.005, 74.04.050, 74.04.055, 74.04.057, 74.04.510 and 74.08.090. 09-09-103, § 388-450-0015, filed 4/20/09, effective 4/21/09; 06-07-078, § 388-450-0015, filed 3/13/06, effective 5/1/06. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090 and Public Law 106-419. 05-03-078, § 388-450-0015, filed 1/17/05, effective 2/17/05. Statutory Authority: RCW 74.08.090 and 74.04.510. 02-14-022, § 388-450-0015, filed 6/21/02, effective 6/22/02. Statutory Authority: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.530 and 2000 2nd sp.s. c 1 § 210(12). 01-18-006, § 388-450-0015, filed 8/22/01, effective 9/22/01. Statutory Authority: RCW 74.08.090 and 74.04.510. 99-17-025, § 388-450-0015, filed 8/10/99, effective 10/1/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-450-0015, filed 7/31/98, effective 9/1/98. Formerly WAC 388-505-0590.]

     (a) Liquid resources. These are resources that are easily changed into cash. Some examples of liquid resources are:

     (i) Cash on hand;

     (ii) Money in checking or savings accounts;

     (iii) Money market accounts or certificates of deposit (CDs) less any withdrawal penalty;

     (iv) Stocks, bonds, annuities, or mutual funds less any early withdrawal penalty;

     (v) Available trusts or trust accounts; or

     (vi) Lump sum payments. A lump sum payment is money owed to you from a past period of time that you get but do not expect to get on a continuing basis.

     (b) Nonliquid resources, personal property, and real property not specifically excluded in subsection (2) below.

     (c) Vehicles as described in WAC 388-470-0075.

     (d) The resources of a sponsor as described in WAC 388-470-0060.

     (2) The following resources do not count toward your resource limit:

     (a) Your home and the surrounding property that you, your spouse, or your dependents live in;

     (b) A house you do not live in, if you plan on returning to the home and you are out of the home because of:

     (i) Employment;

     (ii) Training for future employment;

     (iii) Illness; or

     (iv) Natural disaster or casualty.

     (c) Property that:

     (i) You are making a good faith effort to sell;

     (ii) You intend to build a home on, if you do not already own a home;

     (iii) Produces income consistent with its fair market value, even if used only on a seasonal basis;

     (iv) Is essential to the employment or self-employment of a household member. Property excluded under this section and used by a self-employed farmer or fisher retains its exclusion for one year after the household member stops farming or fishing; or

     (v) Is essential for the maintenance or use of an income-producing vehicle; or

     (vi) Has an equity value equal to or less than half of the resource limit as described in WAC 388-470-0005.

     (d) Household goods

     (e) Personal effects;

     (f) Life insurance policies, including policies with cash surrender value (CSV);

     (g) One burial plot per household member;

     (h) One funeral agreement per household member, up to fifteen hundred dollars;

     (i) Pension plans or retirement funds not specifically counted in subsection (1) above;

     (j) Sales contracts, if the contract is producing income consistent with its fair market value;

     (k) Government payments issued for the restoration of a home damaged in a disaster;

     (l) Indian lands held jointly with the Tribe, or land that can be sold only with the approval of the Bureau of Indian Affairs;

     (m) Nonliquid resources that have a lien placed against them;

     (n) Earned Income Tax Credits (EITC):

     (i) For twelve months, if you were a Basic Food recipient when you got the EITC and you remain on Basic Food for all twelve months; or

     (ii) The month you get it and the month after, if you were not getting Basic Food when you got the EITC.

     (o) Energy assistance payments or allowances;

     (p) The resources of a household member who gets SSI, TANF/SFA, ABD assistance, or ((GA)) PWA benefits;

     (q) Retirement funds or accounts that are tax exempt under the Internal Revenue Code;

     (r) Education funds or accounts in a tuition program under section 529 or 530 of the Internal Revenue Code;

     (s) Resources specifically excluded by federal law; and

     (t) Federal income tax refunds for twelve months whether or not you were receiving Basic Food assistance at the time you got the refund.

     (3) If you deposit excluded liquid resources into a bank account with countable liquid resources, we do not count the excluded liquid resources for six months from the date of deposit. Exception: Federal tax refunds are not counted for twelve months even when mixed with countable resources.

     (4) If you sell your home, you have ninety days to reinvest the proceeds from the sale of a home into an exempt resource.

     (a) If you do not reinvest within ninety days, we will determine whether there is good cause to allow more time. Some examples of good cause are:

     (i) Closing on your new home is taking longer than anticipated;

     (ii) You are unable to find a new home that you can afford;

     (iii) Someone in your household is receiving emergent medical care; or

     (iv) Your children are in school and moving would require them to change schools.

     (b) If you have good cause, we will give you more time based on your circumstances.

     (c) If you do not have good cause, we count the money you got from the sale as a resource.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, chapter 74.12 RCW, and The Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010. 11-21-025, § 388-470-0055, filed 10/11/11, effective 10/29/11. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, and Public Law 110-234. 08-18-043, § 388-470-0055, filed 8/29/08, effective 10/1/08. Statutory Authority: RCW 74.08.090 and 74.04.510. 03-05-015, § 388-470-0055, filed 2/7/03, effective 3/1/03; 99-16-024, § 388-470-0055, 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, § 388-470-0055, filed 7/31/98, effective 9/1/98.]

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