PROPOSED RULES
SOCIAL AND HEALTH SERVICES
( Economic Services Administration)
Supplemental Notice to WSR 01-19-019 and 02-05-068.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: WAC 388-434-0010 How do I continue to get food assistance?, 388-434-0015 How and when do I reapply for food assistance?, 388-434-0020 When does my new food assistance certification period begin?, and 388-434-0025 When do I get me food assistance benefits after I reapply?
Purpose: The department is amending WAC 388-434-0010 and adding new rules to comply with the federal regulations at 7 C.F.R. 273.14.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, and 74.08.090.
Statute Being Implemented: 7 C.F.R. 273.14.
Summary: These rules provide guidelines for food assistance recipients and the department during the recertification process. They emphasize the recipients' responsibility to reapply and complete the process within certain deadlines. The rules also clearly set forth the department's deadlines for authorizing benefits when recipients meet their deadlines. This is the second supplemental notice to rule originally proposed as WSR 01-19-019, and supplemental notice WSR 02-05-068.
Reasons Supporting Proposal: The current recertification rules are out of compliance with 7 C.F.R. 273.14. The proposed revisions should increase the accuracy of eligibility redeterminations and the timeliness of benefit issuance.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Steve Pargman, 1009 College Street S.E., Lacey, WA, (360) 413-3073.
Name of Proponent: Department of Social and Health Services, governmental.
Rule is necessary because of federal law, 7 C.F.R. 273.14.
Explanation of Rule, its Purpose, and Anticipated Effects: The federal food stamp program requires finite certification periods for all recipients. A household may not participate in the program beyond the end of its certification period without reapplication and a new determination of eligibility. The proposed rules define the responsibilities of recipients and the department during the recertification process. The effect of the rule should be to encourage food assistance recipients to complete this process timely so that they may receive uninterrupted benefits. Conformity to the federal food stamp program rules ensures that the department will continue to receive funding for its food assistance program. The department anticipates that it will save staff time by reducing the frequency of interviews.
Proposal Changes the Following Existing Rules:
• The current rule is inconsistent with WAC 388-406-0055 (3)(a) and 7 C.F.R. 273.10 (a)(2). Proposed WAC 388-434-0015(4) and 388-434-0025(2) provide that a household with a migrant or seasonal farm worker may reapply without penalty within one month after the end of the certification period.
• When a household causes a delay in processing a recertification application beyond the last day of its current certification period, the department must prorate benefits from the date of compliance for the initial month of the new certification period. The new rule clarifies this requirement.
• The department must provide a notice of expiration of certification. This is currently in the department's Eligibility A-Z Manual, but not in rule.
• An individual identified as needing "necessary supplemental accommodation" as additional time to apply for recertification. The proposed rule refers to chapter 388-472 WAC.
• The department must authorize benefits within certain deadlines, depending on the previous certification period's length and the date the recipient completes the recertification process. Proposed WAC 388-434-0025 defines these deadlines, according to 7 C.F.R. 273.14(d).
• According to 7 C.F.R. 273.14 (e)(3), when a food assistance recipient reapplies after the end of the certification period through the fault of the department, the recipient's household is entitled to receive benefits without a break in eligibility. Current WAC 388-434-0010(7) does not differentiate between late applications due to the fault of the department and the fault of the recipient.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules only affect client eligibility. No businesses will be impacted.
RCW 34.05.328 does not apply to this rule adoption. The rule does not meet the definition of a significant legislative rule per RCW 34.05.328 (5)(b)(vii).
Hearing Location: Office Building 2 Auditorium (DSHS Headquarters) (parking on 12th off Jefferson), 1115 Washington, Olympia, WA 98504, on May 21, 2002, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by May 17, 2002, phone (360) 664-6094, TTY (360) 664-6178, e-mail fernaax@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, e-mail fernaax@dshs.wa.gov, by 5:00 p.m., May 21, 2002.
Date of Intended Adoption: No earlier than May 22, 2002.
April 11, 2002
Brian H. Lindgren, Manager
Rules and Policies Assistance Unit
3044.5(a) Submit an application; and
(b) Complete an interview; 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 before your certification period ends, 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:
(a) The fifteenth day of the last month of your certification period; or
(b) The fifteenth day after you get a notice of eligibility when your certification period is two months or less.
(3) If you reapply timely and complete the recertification process you get a notice of approval or denial:
(a) By the end of your current certification period; or
(b) By the thirtieth day after you got your last benefit amount in [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.
(5) If you take the required action 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)) When we (the department) approve your application for food assistance, we give you a letter that tells you when your benefits begin and end (the certification period).
(2) Before your certification period ends, we send you a notice of expiration.
(3) You must reapply to continue to get 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.]
(2) If we approved your benefits for one month, or two months in the second month of the certification period, return an application within fifteen days after we send your notice of expiration.
(3) If there is a migrant or seasonal farm worker living with you, return an application by one month after the end of the certification period.
(4) Complete an interview if required (see WAC 388-452-0005 for rules about interviews).
(5) Give us the proof we need about your situation (see WAC 388-490-0005 for rules about proof and WAC 388-406-0030 for rules about requests for additional information).
(6) Finish steps one through five within thirty days after the end of your certification period or, if there is a migrant or seasonal farm worker living with you, within thirty days after you reapply.
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(a) The first of the month following the end of your current certification period when you reapply:
(i) By the end of your current certification period, and:
(A) You finish the steps in WAC 388-434-0015 by the end of your current certification period; or
(B) You finish the steps in WAC 388-434-0015 within thirty days after the end of your current certification period and the delay was the department's fault.
(ii) Within one month after the end of your current certification period, and:
(A) You have a migrant or seasonal farm worker living with you; and
(B) You finish the steps in WAC 388-434-0015 within thirty days after you reapply.
(iii) Within thirty days after the end of your current certification period, and:
(A) You finish the steps in WAC 388-434-0015 within thirty days after the end of your current certification period; and
(B) The delay was the department's fault.
(b) The date that you finish the steps in WAC 388-434-0015 when you reapply:
(i) By the end of your current certification period, and:
(A) You finish the steps in WAC 388-434-0015 within thirty days after the end of your current certification period; and
(B) The delay was your fault.
(ii) Within one month after the end of your current certification period, and:
(A) You have a migrant or seasonal farm worker living with you; and
(B) You cause a delay in finishing the steps in WAC 388-434-0015 beyond thirty days after you reapply.
(c) The date you reapply when you reapply after the end of your current certification period and you do not have a migrant or seasonal farm worker living with you.
(2) See chapter 388-472 WAC for exceptions to the rules in subsection (1) of this section.
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(a) Within thirty days after you got them before if we approved benefits for less than three months.
(b) By your usual date if you got benefits for three or more months.
(2) You get benefits within five working days of the date you finish steps one through five in WAC 388-434-0015 when:
(a) You reapply by the end of your current certification period, and
(b) You do not finish these steps by the end of your current certification period because we gave you more time to provide proof of your situation.
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