PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: WAC 388-406-0015 Expedited service for food assistance.
Purpose: Ensure WAC 388-406-0015 conforms to Section 11 (e)(9) of the Food Stamp Act which does not allow expedited service to clients solely on the basis of homelessness.
Statutory Authority for Adoption: RCW 74.04.510.
Statute Being Implemented: Section 11 (e)(9) of the Food Stamp Act.
Summary: The department will no longer allow expedited service for food assistance applicants solely on the basis of homelessness.
Reasons Supporting Proposal: Section 11 (e)(9) of the Food Stamp Act.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Joan Wirth, 1009 College Street S.E., Lacey, WA, Mailstop 45470, (360) 413-3073.
Name of Proponent: Department of Social and Health Services, governmental.
Rule is necessary because of federal law, Section 11 (e)(9) of the Food Stamp Act.
Explanation of Rule, its Purpose, and Anticipated Effects: In order to conform to Section 11 (e)(9) of the Food Stamp Act, WAC 388-406-0015 does not allow expedited service for food assistance applicants solely based on homelessness. However, the vast majority of homeless will still qualify for expedited service based on income and resource criteria.
Proposal Changes the Following Existing Rules: WAC 388-406-0015 will no allow longer expedited service for food assistance applicants solely on the basis of homelessness.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule affects food assistance recipients only.
RCW 34.05.328 does not apply to this rule adoption. This is not a significant rule.
Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on January 4, 2000, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Paige Wall by December 22, 1999, phone (360) 664-6094, TTY (360) 664-6178, e-mail wallpg@dshs.wa.gov.
Submit Written Comments to: Identify WAC Numbers, Paige Wall, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by January 4, 2000.
Date of Intended Adoption: No sooner than January 28, 2000.
November 18, 1999
Marie Myerchin-Redifer, Manager
Rules and Policies Assistance Unit
2657.3
(1) ((Expedited service means a client will have verification
postponed and receive food assistance benefits by the end of the
fifth calendar day from the day after the date the application is
filed. The day after that date is day one.
(2) The five-day period starts at a time after the date the application is filed in the following situations:
(a) The five-day period starts the date of the rescheduled interview when the client is screened as expedited service eligible and causes a delay by not showing for the initial interview;
(b) The five-day period starts the date identity is verified when the client causes a delay by not providing verification of identity at the interview; or
(c) The five-day period starts the date of the interview when the client:
(i) Waives the expedited interview and is found eligible for the service at the scheduled interview;
(ii) Is screened as ineligible for expedited service and later found eligible for the service at the scheduled interview; or
(iii) Does not request expedited service on the application and is found eligible for the service at the interview.
(3) For SSI recipients, the five-day period begins on the date the:
(a) Applicant's local office receives the application of a noninstitutionalized SSI household; or
(b) Applicant is released from a public institution.
(4) When clients request expedited service on a recertification form, the five-day period:
(a) Starts the first day of the new certification period when the recertification is made prior to the end of the current certification period;
(b) Starts the first day of the new certification period or the date of interview, whichever is later, when the client causes a delay in the recertification; or
(c) Is the same as a new application when the recertification is made after the current certification period ends.
(5) Clients are eligible for expedited service when:
(a) The household has liquid resources of one hundred dollars or less and has gross monthly income under one hundred fifty dollars; or
(b) The household has combined gross monthly income and liquid resources which are less than the household's current monthly rent and applicable utility allowance; or
(c) All household members are homeless; or
(d) The household includes a destitute migrant or seasonal farmworker, as defined in WAC 388-406-0020, whose liquid resources do not exceed one hundred dollars.
(6) A household must provide verification of:
(a) The identity of the applicant; or
(b) The identity of the authorized representative who is applying for the household; and
(c) Other eligibility factors that can be verified within the five day time period specified in subsection (1) of this section.
(7) A household is not limited to the number of times it can receive expedited service if, following the last expedited certification, the household:
(a) Completes the postponed verification requirements; or
(b) Was certified by the regular nonexpedited processing methods.
(8) Households eligible for expedited service that are not required to have an office interview will:
(a) Have a telephone interview or home visit; and
(b) Still receive their benefits within the five-day expedited time period.
(9) A household is entitled to an agency conference within two working days from the date of denial for expedited service)) When you give us your food assistance application with a request for fast or "expedited service," the department will look at your situation to see if you can get benefits within five calendar days. "Day one" of the five-day period is, most often, the day after you give us your application. See subsection (7) below for situations for applicants when "day one" is a different day.
(2) To get expedited service, you must provide proof of your identity and meet one of these three conditions:
(a) You have available cash of one hundred dollars or less and have monthly income before taxes under one hundred fifty dollars; or
(b) Your monthly income before taxes plus available cash is less than the total of your rent and utility allowance; or
(c) You have a destitute migrant or seasonal farm worker household member, as defined in WAC 388-406-0021, whose available cash does not exceed one hundred dollars.
(3) If you get expedited service, you have up to thirty days from the time you apply to provide other information we need before we can give you more benefits.
(4) If you have received expedited service in the past, you can get this service again if you meet the requirements listed in subsection (2) above and you:
(a) Provided all the information we needed to prove eligibility for your last expedited service benefit period; or
(b) Had another benefit period under regular nonexpedited processing after your last expedited service benefit period.
(5) If you are eligible for expedited service and are not required to have an office interview, you can:
(a) Have a telephone interview or home visit; and
(b) Still get benefits within the five-day expedited time period.
(6) If you are denied expedited service, you can ask for a department review of your case. The review will take place within two working days from the date you were denied expedited service.
(7) If you are an applicant, your five-day expedited service period starts on the:
(a) Date of the rescheduled interview when you are screened as expedited service eligible but do not show up for your initial interview;
(b) Date you prove your identity if you do not provide proof at the initial interview;
(c) Date of your interview when you:
(i) Waive your expedited interview and are found eligible for expedited service during your rescheduled interview;
(ii) Are screened as ineligible for expedited service and later found eligible for the service during your interview; or
(iii) Do not request expedited service on the application and are found eligible for the service during your interview.
(d) Date you are released from a public institution if you are a SSI recipient.
(8) If you request expedited service on a recertification form, your five-day period:
(a) Starts the first day of your new certification period when you reapply before the end of your current certification period;
(b) Is the same as a new application when you reapply after the current certification period ends; or
(c) Starts the day of your interview if you cause a delay in the recertification.
[Statutory Authority: RCW 74.08.090 and 74.04.510. 99-16-024, § 388-406-0015, filed 7/26/99, effective 9/1/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-406-0015, filed 7/31/98, effective 9/1/98.]