Original Notice.

     Preproposal statement of inquiry was filed as WSR 04-04-097.

     Title of Rule and Other Identifying Information: The Division of Employment and Assistance Programs is repealing WAC 388-492-0010 Washington state combined application program (WASHCAP) definitions; and amending WAC 388-492-0020 What is WASHCAP?, 388-492-0030 Who can get WASHCAP?, 388-492-0040 Can I choose whether I get WASHCAP or Basic Food?, 388-492-0050 How do I apply for Washington state combined application program (WASHCAP) benefits?, 388-492-0060 How do I get my Washington state combined application program (WASHCAP) benefits?, 388-492-0070 How are my Washington state combined application program (WASHCAP) benefits calculated?, 388-492-0080 Where do I report changes?, 388-492-0090 How often does my Washington state combined application program (WASHCAP) case need to be reviewed?, 388-492-0100 How is my eligibility for Washington state combined application programs (WASHCAP) reviewed?, 388-492-0110 What happens if my Washington state combined application program (WASHCAP) benefits end?, 388-492-0120 What happens to my Washington state combined application program (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 Washington state combined application program (WASHCAP) benefits?

     Hearing Location(s): Blake Office Park East (behind Goodyear Courtesy Tire), Rose Room, 4500 10th Avenue S.E., Lacey, WA, on October 26, 2004, at 10:00 a.m.

     Date of Intended Adoption: Not earlier than October 27, 2004.

     Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA, e-mail fernaax@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., October 26, 2004.

     Assistance for Persons with Disabilities: Contact Fred Swenson, DSHS Rules Consultant, by October 22, 2004, TTY (360) 664-6178 or (360) 664-6097.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Chapter 388-492 WAC, rules are being updated to continue a federal waiver governing the state's combined application project that provides simplified access to food assistance for certain SSI recipients. They are being updated to comply with an amended Food and Nutrition Services (FNS) waiver in effect since February 6, 2004. These rules are currently in effect under emergency adoption, WSR 04-13-001. They are also being updated to amend program language and to implement federal rules that require the department to adjust the shelter deductions for food benefits every year based on the consumer price index.

     Reasons Supporting Proposal: Current rules are adopted under emergency filing; this proposal is to move forward with permanent adoption to ensure compliance with the FNS waiver as stated above.

     Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090.

     Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510.

     Rule is necessary because of federal law, 7 C.F.R. 282.

     Name of Proponent: Department of Social and Health Services, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Rebecca Henrie, 1009 College S.E., Lacey, WA 98504, (360) 725-4615.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposed rule does not have an economic impact on small businesses; it only affects DSHS clients.

     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."

September 17, 2004

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

     (1) WASHCAP is a simplified food ((assistance program for that are eligible for SSI from SSA and meet some other basic requirements:

     (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))benefits program for certain Supplemental Security Income (SSI) recipients. Unless specifically stated in this WAC chapter, WASHCAP food benefits follow all the program requirements of the Basic Food program as described under WAC 388-400-0040.

     (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) While you get WASHCAP benefits, you must report all changes to SSA. SSA automatically shares your information we need for your WASHCAP benefits. You can report changes to your WASHCAP worker, but you do not have to do so. See WAC 388-492-0080 regarding changes to shelter costs)) Social Security Administration (SSA) asks you if you want to get food benefits when you apply for SSI in Washington state.

     (3) If you meet the requirements of WAC 388-492-0030, you will get WASHCAP food benefits unless you can choose Basic Food benefits under WAC 388-492-0040.

     (4) If you are eligible for WASHCAP food benefits under WAC 388-492-0030, SSA electronically sends us the information we need to open your WASHCAP food benefits.

     (5) WASHCAP food benefits begin the first month after the month you are eligible for ongoing SSI.

     (6) You do not have to go to your local community services office (CSO) to apply for WASHCAP.

     (7) If you want Basic Food benefits before WASHCAP food benefits begin, you can apply at your local CSO, home and community services office (HCS), or SSA.

     (8) While you get WASHCAP food benefits, you must report all changes to SSA.

     (9) SSA shares the changes you report to them with your WASHCAP worker.

     (10) You do not have to report changes to your WASHCAP worker. See WAC 388-492-0080.

[Statutory Authority: RCW 74.04.57 [74.04.057], 74.04.500, 74.04.510. 02-15-148, § 388-492-0020, filed 7/22/02, effective 9/1/02; 01-21-058, § 388-492-0020, filed 10/16/01, effective 12/1/01.]

     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.
AMENDATORY SECTION(Amending WSR 02-15-148, filed 7/22/02, effective 9/1/02)

WAC 388-492-0030   Who can get WASHCAP?   (1) ((When you apply for food assistance,)) You can get WASHCAP food benefits ((when you are eighteen years of age or older and:

     (a) Are eligible to receive 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.

     (2) You are not eligible for WASHCAP if:

     (a) You live in an institution; or

     (b) You are under age twenty-two and you live in the same home as your parents)) if:

     (a) You are eligible to receive federal SSI benefits; and

     (b) You are eighteen years of age or older; and

     (c) You live alone, or SSA considers you as a single household; or

     (d) You live with others but buy and cook for food separately from them; and

     (e) You do not have earned income when you apply for SSI; or

     (f) You already get WASHCAP food benefits and become employed and receive earned income for less than three consecutive months; or

     (g) You already get WASHCAP and move to an institution for ninety days or less.

     (2) You are not eligible for WASHCAP food benefits if:

     (a) You live in an institution;

     (b) You are under age eighteen;

     (c) You live with your spouse;

     (d) You are under age twenty-two and you live with your parent(s) who are getting Basic Food benefits;

     (e) You begin working after you have been approved for WASHCAP and have earned income for more than three consecutive months;

     (f) You live with others and do not buy and cook your food separately from them; or

     (g) You are ineligible for Basic Food benefits under WAC 388-400-0040 (13)(b) and (e).

     (3) We accept SSA information about your WASHCAP eligibility unless you prove the information is not accurate.

[Statutory Authority: RCW 74.04.57 [74.04.057], 74.04.500, 74.04.510. 02-15-148, § 388-492-0030, filed 7/22/02, effective 9/1/02; 01-21-058, § 388-492-0030, filed 10/16/01, effective 12/1/01.]

     (1) You would get more benefits from the Basic Food program.

     (2) You may get more benefits in the Basic Food program when:

     (a) Your shelter costs are more than five hundred ((fourteen)) twenty-seven dollars a month. We count the following items as a shelter cost:

     (((a))) (i) Rent or mortgage;

     (((b))) (ii) Property taxes;

     (((c))) (iii) Homeowner's insurance (for the building only); or

     (((d))) (iv) Mandatory homeowner's association or condo fees.

     (((2))) (b) Your out-of pocket medical expenses are more than thirty-five dollars a month((;

     (3) You would get more benefits from being in the Basic Food program; or

     (4) You are waiting to receive WASHCAP benefits)).

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510. 03-21-030, § 388-492-0040, filed 10/7/03, effective 12/1/03. Statutory Authority: RCW 74.04.057, 74.04.500, 74.04.510. 03-01-045, § 388-492-0040, filed 12/10/02, effective 1/10/03; 02-15-148, § 388-492-0040, filed 7/22/02, effective 9/1/02; 01-21-058, § 388-492-0040, filed 10/16/01, effective 12/1/01.]

     (2) If you want food ((assistance)) benefits, your SSA worker will ask you ((questions for)) WASHCAP food eligibility questions when you have your SSI interview.

     (((2))) (3) If you are eligible for WASHCAP food benefits, your benefits will start the first of the month after the month you ((start getting on-going)) are eligible for ongoing SSI benefits.

     (((3))) (4) If you need food ((assistance)) benefits in five days or less, you must apply for expedited ((service)) services at:

     (a) Your local community services office (CSO);

     (b) Your local home and community services office (HCS) if you get long-term care services; or

     (c) The SSA ((district)) office if you give them an application for Basic Food expedited services when you apply for SSI. SSA forwards the Basic Food ((assistance)) application to the local CSO to process.

     (((4))) (5) If you want Basic Food ((assistance)) benefits before you get SSI, you must apply ((for regular food assistance)) at:

     (a) SSA if you give them ((an)) a Basic Food application ((for food assistance)) when you apply for SSI;

     (b) Your local CSO; or

     (c) Your local HCS office if you get long-term care services.

     (((5))) (6) If you already receive SSI and want WASHCAP food benefits, you can apply at:

     (a) Your SSA office;

     (b) Your local CSO;

     (c) Your local HCS office if you get long-term care services.

     (7) If you get ((regular food assistance)) Basic Food benefits, these benefits will continue:

     (a) Through the end of your certification period; or

     (b) Through the month before your WASHCAP food benefits start.

     (((6))) (8) If your ((regular food assistance ends)) Basic Food benefits end before you are eligible for WASHCAP food benefits, you must reapply ((for)) to continue these benefits ((to continue.

     (7))).

     (9) If you get ((regular food assistance)) Basic Food benefits and you become eligible for WASHCAP food benefits, we will automatically change your Basic Food benefits to WASHCAP food benefits.

[Statutory Authority: RCW 74.04.57 [74.04.057], 74.04.500, 74.04.510. 02-15-148, § 388-492-0050, filed 7/22/02, effective 9/1/02; 01-21-058, § 388-492-0050, filed 10/16/01, effective 12/1/01.]

     (2) The department issues your EBT food ((assistance)) benefits according to WAC 388-412-0025.

[Statutory Authority: RCW 74.04.57 [74.04.057], 74.04.500, 74.04.510. 02-15-148, § 388-492-0060, filed 7/22/02, effective 9/1/02; 01-21-058, § 388-492-0060, filed 10/16/01, effective 12/1/01.]

     (1) We begin with your gross income. (((Social Security Administration (SSA) tells us how much income you have.)))

     (2) We subtract one hundred thirty-four dollars from your gross income to get your countable income.

     (3) We figure your shelter cost as follows:

     (a) If SSA tells us you pay three hundred ((two)) nineteen dollars or more a month for shelter, we use three hundred ((twenty-one)) twenty-nine dollars as your shelter cost; or

     (b) If SSA tells us you pay less than three hundred ((two)) nineteen dollars for shelter, we use one hundred ((fifty-five)) fifty-nine dollars as your shelter cost; and

     (c) 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 income by subtracting your shelter deduction from your countable income.

     (6) We figure your WASHCAP food benefits (allotment) by:

     (a) Multiplying your net 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)) you will get at least ten dollars in food benefits each month.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510. 03-21-030, § 388-492-0070, filed 10/7/03, effective 12/1/03. Statutory Authority: RCW 74.04.057, 74.04.500, 74.04.510. 03-01-045, § 388-492-0070, filed 12/10/02, effective 1/10/03; 02-15-148, § 388-492-0070, filed 7/22/02, effective 9/1/02; 01-21-058, § 388-492-0070, filed 10/16/01, effective 12/1/01.]

     (2) SSA will not accept or report shelter costs changes to WASHCAP until SSA does its redetermination.

     (((2))) (3) You do not have to report any changes to ((DSHS)) your WASHCAP worker.

     (((3))) (4) You can choose to report the following changes to your ((Washington combined application project ())WASHCAP(())) worker to see if you will get more food ((assistance)) benefits.

     (a) A change in your address;

     (b) An increase in your shelter costs; or

     (c) An increase in your out-of-pocket medical expenses.

     (((4))) (5) If changes are reported to DSHS, proof ((will)) may be required.

     (6) If you report a change that could increase the amount of your food benefits, we will not increase the benefit amount if we have asked for proof and it has not been provided.

[Statutory Authority: RCW 74.04.57 [74.04.057], 74.04.500, 74.04.510. 02-15-148, § 388-492-0080, filed 7/22/02, effective 9/1/02; 01-21-058, § 388-492-0080, filed 10/16/01, effective 12/1/01.]

     (2) Your certification period is the amount of time your assistance unit is eligible for WASHCAP food benefits.

[Statutory Authority: RCW 74.04.57 [74.04.057], 74.04.500, 74.04.510. 02-15-148, § 388-492-0090, filed 7/22/02, effective 9/1/02; 01-21-058, § 388-492-0090, filed 10/16/01, effective 12/1/01.]

     (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 home and community services office (HCS).

     (3) We do WASHCAP reviews by mail. If you bring your WASHCAP application to the local office, we will process the application as follows:

     (a) If you get long-term care services, your local HCS office will process your application; or

     (b) If you do not get long-term care services, the local office will forward your application to the WASHCAP central unit.

     (4) If we get your completed one-page application after your WASHCAP food 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 food benefits.

     (5) If we get your completed one-page application form more than thirty days after your benefits end, your WASHCAP food benefits open the first of the next month after you turn in your application and SSA shows you are eligible for WASHCAP in their system.

     (6) If your application is not complete, we will return it to you to complete.

     (((6) 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.

     (7) If we get your completed one-page application form more than thirty days after your benefits end, your WASHCAP benefits open the first of the next month after you turn in your application and SSA shows you are eligible for WASHCAP in their system.

     (8))) (7) If you want ((regular)) Basic Food ((assistance)) benefits while you are waiting for WASHCAP food benefits, you must apply for these benefits at the local CSO or HCS office.

[Statutory Authority: RCW 74.04.57 [74.04.057], 74.04.500, 74.04.510. 02-15-148, § 388-492-0100, filed 7/22/02, effective 9/1/02; 01-21-058, § 388-492-0100, filed 10/16/01, effective 12/1/01.]

     (a) Your local community services office (CSO); or

     (b) Your home and community services (HCS) office.

     (2) If your WASHCAP benefits end because you are disqualified ((for food assistance)) under WAC 388-400-0040(13)(b) or (e), you are not eligible for ((regular)) Basic Food ((assistance.)) benefits and:

     (a) If you get medical assistance, we will send your medical assistance case to your local office((.));

     (b) If you are a HCS client, your medical case will remain at HCS.

     (3) If your WASHCAP benefits end ((because SSA stopped your SSI benefits)) for any other reason:

     (a) We will send you an application for ((regular)) Basic Food ((assistance and)) benefits along with:

     (i) Information about what you must verify in order to get benefits; and

     ((tell you where to take your application to find out if you are eligible for benefits))

     (ii) The address of your local CSO. If you are an HCS client, your case will remain at your HCS office.

     (b) ((You will still receive the same medical benefits until we decide what medical programs you are eligible for under WAC 388-418-0025.

     (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 unless you are a HCS client;

     (c) For the office)) For the local CSO to decide if you are eligible for Basic Food ((assistance)) benefits, you must:

     (i) Finish the application process for Basic Food ((assistance)) benefits under chapter 388-406 WAC; and

     (ii) Have an interview for Basic Food ((assistance)) benefits under WAC 388-452-0005.

     (c) If you get medical assistance, we will send your medical case to the local CSO unless you are an HCS client;

     (d) If your WASHCAP benefits closed because SSA ended your SSI, you will still receive the same medical benefits until we decide what medical program you are eligible for under WAC 388-418-0025.

[Statutory Authority: RCW 74.04.57 [74.04.057], 74.04.500, 74.04.510. 02-15-148, § 388-492-0110, filed 7/22/02, effective 9/1/02; 01-21-058, § 388-492-0110, filed 10/16/01, effective 12/1/01.]

     (2) If you are disqualified from receiving Basic Food ((assistance)) for any reason, you will not get WASHCAP food benefits. This includes clients who:

     (a) Are ineligible ((for food assistance)) under WAC 388-400-0040 (((9)))(13)(b) and (e) and 388-442-0010; or

     (b) Did not cooperate with quality assurance as required under WAC ((388-465-001)) 388-464-0001.

[Statutory Authority: RCW 74.04.57 [74.04.057], 74.04.500, 74.04.510. 02-15-148, § 388-492-0120, filed 7/22/02, effective 9/1/02; 01-21-058, § 388-492-0120, filed 10/16/01, effective 12/1/01.]

     (2) You can ask for a hearing by contacting the WASHCAP central unit, home and community service office or any responsible department or office of administrative hearings employee.

     (3) See chapter ((388-08)) 388-02 WAC for information on the fair hearing process.

[Statutory Authority: RCW 74.04.57 [74.04.057], 74.04.500, 74.04.510. 02-15-148, § 388-492-0130, filed 7/22/02, effective 9/1/02; 01-21-058, § 388-492-0130, filed 10/16/01, effective 12/1/01.]

     The following section of the Washington Administrative Code is repealed:

WAC 388-492-0010

Washington state combined application program (WASHCAP) definitions.

© Washington State Code Reviser's Office