Effective Date of Rule: January 25, 2008.

     Purpose: To update requirements for a midcertification review to be considered complete for temporary assistance for needy families (TANF) and state family assistance (SFA). The changes are necessary to meet federal work verification requirements under Public Law 109-171 and the TANF interim final rules issued on June 29, 2006.

     Citation of Existing Rules Affected by this Order: Amending WAC 388-418-0011.

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

     Other Authority: Title 45 CFR, Part 261.2 as published in Federal Register on June 29, 2006.

     Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

     Reasons for this Finding: The rule change under this filing is necessary to meet work verification requirements of the Deficit Reduction Act for employed TANF households. Federal regulations require the department to verify this information every six months beginning in October 2007. The emergency rule went into effect on September 28, 2007, as WSR 07-20-061 and will expire on January 26, 2008. The department filed a CR-103 permanent rule on December 28, 2007, as WSR 08-02-053. The permanent rule will supersede this emergency rule when the permanent rule becomes effective February 1, 2008.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

     Date Adopted: January 7, 2008.

Stephanie E. Schiller

Rules Coordinator

     (2) If you receive cash assistance, family-related medical, or Basic Food benefits, you must complete a mid-certification review unless you meet one of the exceptions below:

     (a) You do not have to complete a mid-certification review for cash assistance if you:

     (i) Only receive Refugee Cash Assistance as described under WAC 388-400-0030; or

     (ii) Have a review period of six months or less.

     (b) You do not have to complete a mid-certification review for Basic food if:

     (i) Your assistance unit has a certification period of six months or less; or

     (ii) All adults in your assistance unit are elderly or disabled and have no earned income.

     (3) When we send the review form:

If you must complete a MCR...	We send your review form...
(a) For one program such as Basic Food or Family Medical.	In the fifth month of your certification or review period. You must complete your review by the 10th day of month six.
(b) For two or more programs, and all programs have a 12-month certification or review period.	In the fifth month of your certification or review period. You must complete your review by the 10th day of month six.
(c) For Basic Food and another program when either program has a certification or review period between six and twelve months.	In the fifth month of your Basic Food certification period when you receive Basic Food and another program. You must complete your review by the 10th day of month six of your Basic Food certification.

     (4) If you must complete a mid-certification review, we send you the review form with questions about your current circumstances. You can choose to complete the review in ((on [one])) one of the following ways:

     (a) Complete the form and return it to us. For us to count your mid-certification review as complete, you must take all of the steps below:

     (i) ((Compete [Complete])) Complete the review form, telling us about changes in your circumstances we ask about;

     (ii) Sign and date the form;

     (iii) Give us proof of any changes you report. If you report a change that will increase your benefits without giving proof of this change, we will not increase your benefits;

     (iv) If you receive family medical benefits, give us proof of your income even if it has not changed; ((and))

     (v) If you receive Temporary Assistance for Needy Families and you are working or self employed, you must give us proof of your income even if it has not changed; and

     (vi) Mail or turn in the completed form and any required proof to us by the due date on the review.

     (b) Complete the mid-certification review over the phone. For us to count your mid-certification review as complete, you must take all of the steps below:

     (i) Contact us at the phone number on the review form, telling us about changes in your circumstances we ask about;

     (ii) Give us proof of any changes you report. We may be able to verify some information over the phone. If you report a change that will increase your benefits without giving proof of this change, we will not increase your benefits;

     (iii) If you receive family medical benefits, give us proof of your income even if it has not changed;

     (iv) If you receive Temporary Assistance for Needy Families and you are working or self employed, you must give us proof of your income ((and the hours you work)) even if it has not changed; and

     (v) Mail or turn in any required proof to us by the due date on the review.

     (c) Complete the application process for another program. If we approve an application for another program in the month you must complete your mid-certification review, we use the application to complete your review when the same person is head of household for the application and the mid-certification review.

     (5) If your benefits change because of what we learned in your mid-certification review, the change takes effect the next month even if this does not give you ten days notice before we change your benefits.

     (6) If you do not complete your required mid-certification review, we stop your benefits at the end of the month the review was due.

     (7) Late reviews. If you complete the mid-certification review after the last day of the month the review was due, we process the review as described below based on when we receive the review:

     (a) Mid-certification reviews you complete by the last day of the month after the month the review was due: We determine your eligibility for ongoing benefits. If you are eligible, we reinstate your benefits based on the information in the review.

     (b) Mid-certification reviews you complete after the last day of the month after the month the review was due: We treat this review as a request to send you an application. For us to determine if you are eligible for benefits, you must complete the application process as described in chapter 388-406 WAC.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090. 06-24-025 and 07-01-023, § 388-418-0011, filed 11/29/06 and 12/8/06, effective 10/1/07; 06-13-043, § 388-418-0011, filed 6/15/06, effective 7/17/06. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. 05-09-020, § 388-418-0011, filed 4/12/05, effective 6/1/05. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 2004 c 54. 04-19-134, § 388-418-0011, filed 9/21/04, effective 10/1/04.]

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