WSR 09-17-100



(Economic Services Administration)

[ Filed August 18, 2009, 8:47 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-01-059.

Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-412-0040 Can I get my benefits replaced?

Hearing Location(s): Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA 98503 (one block north of the intersection of Pacific Avenue S.E. and Alhadeff Lane. A map or directions are available at or by calling (360) 664-6094), on September 22, 2009, at 10:00 a.m.

Date of Intended Adoption: Not earlier than September 23, 2009.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail, fax (360) 664-6185, by

5:00 p.m. on September 22, 2009.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by September 8, 2009, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposed rule change removes the requirement for clients to provide a signed affidavit when requesting replacement of benefits.

Reasons Supporting Proposal: The current rule requires a signed affidavit from clients who report that their benefits were lost or destroyed in a disaster in order for the benefits to be replaced. For Basic Food benefits, the Code of Federal Regulations imposes no such requirement on the states. Furthermore, the current process can be time-consuming and frustrating for clients. We are proposing to streamline and expedite the benefits replacement process for clients.

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

Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 74.08.090.

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: Don Winslow, 712 Pear Street S.E., Olympia, WA 98504, (360) 725-4580.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposed rule change does not have an economic impact on small businesses. The proposed amendments only affect DSHS clients by removing the requirement that a client provide a signed affidavit when requesting their benefits to be replaced.

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." The proposed rules affect DSHS clients by removing the requirement that a client provide a signed affidavit when requesting their benefits to be replaced.

August 13, 2009

Don Goldsby, Manager

Rules and Polices Assistance Unit

AMENDATORY SECTION(Amending WSR 08-14-047, filed 6/24/08, effective 7/25/08)

WAC 388-412-0040   Can I get my benefits replaced?   Under certain conditions, we may replace your benefits.

(1) You may get your EBT benefits replaced if:

(a) We make a mistake that causes you to lose benefits;

(b) Both your EBT card and personal identification number (PIN) are stolen from the mail; you never had the ability to use the benefits; and you lost benefits;

(c) You left a drug or alcohol treatment on or before the fifteenth of the month and the facility does not have enough Basic Food benefits in their EBT account for one-half of the allotment that they owe you;

(d) Your EBT benefits that were recently deposited into an inactive EBT account were canceled by mistake along with your state benefits; or

(e) Your food that was purchased with Basic Food benefits was destroyed in a disaster.

(2) If you want a replacement, you must((:

(a))) report the loss to your local office within ten days from the date of the loss((; and

(b) Sign a department affidavit form stating you had a loss of benefits)).

(3) For Basic Food, we replace the loss up to a one-month benefit amount.

(4) We will not replace your benefits if your loss is for a reason other than those listed in subsection (1) above or:

(a) We decided that your request is fraudulent;

(b) Your Basic Food benefits were lost, stolen or misplaced after you received them;

(c) You already got two countable replacements of Basic Food benefits within the last five months; or

(d) You got disaster food stamp benefits for the same month you requested a replacement for Basic Food.

(5) Your replacement does not count if:

(a) Your benefits are returned to us; or

(b) We replaced your benefits because we made an error.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, and 74.04.510. 08-14-047, 388-412-0040, filed 6/24/08, effective 7/25/08; 03-22-038, 388-412-0040, filed 10/28/03, effective 12/1/03. Statutory Authority: RCW 74.04.510 and 74.08.090. 01-18-054, 388-412-0040, filed 8/30/01, effective 9/30/01. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-412-0040, filed 7/31/98, effective 9/1/98.]

Washington State Code Reviser's Office