WSR 16-10-041 PROPOSED RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Economic Services Administration) [Filed April 28, 2016, 10:57 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-05-042.
Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-412-0020 When do I get my benefits? and 388-412-0015 General information about your food assistance allotments.
Hearing Location(s): Office Building 2, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/sesa/rules-and-policies-assistance-unit/driving-directions-office-bldg-2), on June 7, 2016, at 10:00 a.m.
Date of Intended Adoption: Not earlier than June 8, 2016.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., June 7, 2016.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, by May 24, 2016, phone (360) 664-6092, TTY (360) 664-6178, or e-mail KildaJA@dshs.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The changes proposed under this filing will amend WAC 388-412-0020 and 388-412-0015 to extend the time frame in which the department issues ongoing monthly benefits for basic food, the Washington combined application program (WASHCAP), the food assistance program (FAP) for legal immigrants, and transitional food assistance. These changes may also eliminate combined issuance of food benefits for households applying on or after the sixteenth day of the month.
Reasons Supporting Proposal: The department of social and health services (DSHS) is proposing to amend WAC 388-412-0015 and 388-412-0020 to comply with the Washington state legislature's mandated basic food monthly distribution date change. We have also made changes to comply with federal regulations limiting the allowed number of days between basic food distribution days under 7 C.F.R. § 274.2.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090, and 7 C.F.R. 273.9.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DSHS, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Ezra Paskus, 712 Pear Street S.E., Olympia, WA 98501, (360) 725-4611.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule does not have an economic impact on small businesses. They only impact 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, "this 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."
April 25, 2016
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 15-02-041, filed 1/2/15, effective 2/2/15)
WAC 388-412-0015 General information about your food assistance allotments.
(1) Your monthly allotment under the Washington basic food program, food assistance program for legal immigrants (FAP), Washington combined application project (WASHCAP), or the transitional food assistance (TFA) programs is the total dollar value of benefits your assistance unit (AU) receives for a calendar month.
(2) How we determine monthly allotments:
(a) We calculate your monthly allotment for federally funded basic food as described under WAC 388-450-0162; and
(b) We calculate your monthly allotment for state-funded food assistance as described under WAC 388-400-0050.
(3) Maximum allotment:
(a) The maximum allotment for the number of people in your AU eligible for federally funded basic food benefits is described under WAC 388-478-0060((.)); and
(b) The maximum allotment for the number of people in your AU eligible for state-funded FAP benefits is set by the legislature in the biennial operating budget as described in WAC 388-400-0050.
(4) Prorated benefits in the first month - If we determine you are eligible for food assistance, your first month's benefits are calculated from the date you applied through the end of the month of your application. This is called proration and is based on a thirty-day month:
(a) If your prorated benefits for the first month are under ten dollars, you will not receive an allotment for the first month((.)); and
(b) If there was a delay in processing your application, we determine when your benefits start under WAC 388-406-0055.
(5) ((Combined allotment for first and second month's benefits - If you apply for benefits on or after the sixteenth of the month, and we determine you are eligible for food assistance, we issue both the first and second months benefits in one allotment if you are eligible for both months.
(6))) Minimum allotment - Unless it is the first month of your certification period and your benefits are prorated as described in subsection (4) of this section, your monthly allotment will be at least:
(a) Sixteen dollars if your AU has one or two members((,)) and at least one person is eligible for federally funded Basic Food((.)); or
(b) ((Twelve)) Sixteen dollars if your AU has one or two members((,)) and all members of your AU are eligible for state-funded FAP.
(((7))) (6) Use of food assistance benefits - Your food assistance benefits may only be used to buy eligible food items as described under WAC 388-412-0046. If you use your benefits in any other way, it is an intentional program violation under WAC 388-446-0015 and could result in fines, imprisonment, disqualification from receiving food assistance benefits, or any combination of these penalties.
AMENDATORY SECTION (Amending WSR 03-22-038, filed 10/28/03, effective 12/1/03)
WAC 388-412-0020 When do I get my benefits?
(1) If you get your cash benefits on an electronic benefits card (EBT), you get your cash benefits deposited on the first of each month.
(2) If you get your cash benefits deposited directly to your bank account, electronic funds transfer (EFT); your money is deposited on the first working day of the month. When the first of the month is a federal holiday or a Sunday, the benefits are deposited the following day.
(3) If you get basic food, your benefits are issued by the ((tenth)) twentieth day of each month. ((The day you get your benefits is the same as the last number of your assistance unit (AU) number for Basic Food. If the last number of your AU number is zero, you get your benefits on the tenth)) Our eligibility system automatically assigns the day you get your benefits when we approve your basic food. We tell you the date you will get your monthly benefits on your approval letter.
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