SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
Effective Date of Rule: Thirty-one days after filing.
Purpose: The department is amending WAC 388-460-0035 to assign a protective payee to a person receiving public assistance if the recipient illegally used a public assistance electronic benefit transfer (EBT) card or cash obtained with an EBT card two or more times. Illegal use includes infractions, felonies, or violations referenced in WAC 388-412-0046 or 388-446-0020. These changes are necessary to comply with ESSB 5921, section 14.
Citation of Existing Rules Affected by this Order: Amending WAC 388-460-0035.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, 74.08.580.
Other Authority: ESSB 5921, chapter 42, Laws of 2011.
Adopted under notice filed as WSR 11-18-092 on September 7, 2011.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: October 24, 2011.
Katherine I. Vasquez
(a) Department employees or others observe that the client or client's children are hungry, ill, or not adequately clothed;
(b) Repeated requests from the client for extra money for basic essentials such as food, utilities, clothing, and housing;
(c) A series of evictions or utility shut off notices within the last twelve months;
(d) Medical or psychological evaluations showing an inability to handle money;
(e) Persons having had ((
an ADATSA)) a chemical
dependency assessment and who are participating in
(( ADATSA-funded)) chemical dependency treatment;
Not paying an in home child care provider for
services when payment has been issued to the client by the
department for that purpose;
(g))) A complaint from businesses showing a pattern of failure to pay bills or rent;
(h))) (g) (( Using public assistance electronic benefits
transfer (EBT) card or cash obtained through EBT to purchase
or pay for lottery tickets, pari-mutuel wagering, or any of
the activities authorized under chapter 9.46 RCW)) Notice from
the office of fraud and accountability that a client illegally
used a public assistance electronic benefits transfer (EBT)
card or cash obtained with an EBT card two or more times.
Illegal use includes infractions, felonies, or violations
referenced in WAC 388-412-0046 or WAC 388-446-0020.
(2) A lack of money or a temporary shortage of money because of an emergency does not constitute mismanagement.
(3) When a client has a history of mismanaging money, benefits can be paid through a protective payee or directly to a vendor.
[Statutory Authority: RCW 74.08A.010(4), 74.08A.340, 74.08.090, 74.04.050. 02-14-083, § 388-460-0035, filed 6/28/02, effective 7/1/02.]