PROPOSED RULES
SOCIAL AND HEALTH SERVICES
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: WAC 388-434-0010 How do I get recertified for food assistance benefits?
Purpose: Amends WAC to incorporate changes in federal law relating to the recertification of food assistance households.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, and 74.08.090.
Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, and 74.08.090.
Summary: Incorporates into rule that households must have at least ten days after the interview to provide verification prior to their certification period ending, that households who miss their scheduled interview and request another interview must be scheduled a second interview, and that households have thirty days after their certification period ends to complete the recertification process. Also adds into rule when a recertification can be denied and the date benefits are opened if the recertification process is delayed.
Reasons Supporting Proposal: These rule changes are mandated by federal law.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Vicky T. Robinson, DEAP, (360) 413-3031.
Name of Proponent: Department of Social and Health Services, governmental.
Rule is necessary because of federal law, C.F.R. 273.14(b).
Explanation of Rule, its Purpose, and Anticipated Effects: Amends WAC to incorporate changes in federal law relating to the recertification of food assistance households.
Proposal Changes the Following Existing Rules: Incorporates into rule the following changes in federal law:
1. Interviews must be scheduled so the household has at least ten days after the interview in which to provide verification before the certification period expires.
2. If a household misses its scheduled interview and requests another interview, a second interview must be scheduled.
3. If a household reapplies before their certification period ends, but fails to take a required action, the department may deny benefits at that time or at the end of the certification period or at the end of thirty days.
4. The household has thirty days after their certification period ends to complete the recertification process.
5. If a household takes a required action within thirty days after the certification period ends, benefits may be prorated from the date the household took the required action if the household caused the delay.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Small businesses are not impacted by this change in rule.
RCW 34.05.328 does not apply to this rule adoption. This does not meet the definition of a significant legislative change.
Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on June 26, 2001, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Kelly Cooper, DSHS Rules Coordinator, by June 19, 2001, phone (360) 664-6094, TTY (360) 664-6178, e-mail coopeKD@dshs.wa.gov.
Submit Written Comments to: Identify WAC numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by June 26, 2001.
Date of Intended Adoption: No sooner than June 27, 2001.
May 2, 2001
Brian H. Lindgren, Manager
Rules and Policies Assistance Unit
2942.1(a) Submit an application; and
(b) Complete an interview; and
(c) Submit needed proof of your circumstances if we (the department) ask for it.
(2) You have thirty days after your certification period ends to complete the recertification process. However, if you reapply timely and complete the recertification process before your certification period ends, your benefits continue to be deposited into your EBT (electronic benefit transfer) account on the same day of the month. To reapply timely, we must get your application no later than:
(a) The fifteenth day of the last month of your certification period; or
(b) The fifteenth day after ((the household receives)) you
get a notice of ((certification)) eligibility when ((the
household's)) your certification period is two months or less.
(((2) A household completes the reapplication process when
it:
(a) Submits a timely reapplication;
(b) Completes an interview; and
(c) Submits requested verification.
(3) A household receives uninterrupted benefits when the household completes the reapplication process timely. Uninterrupted benefits mean the household's benefits will continue to be mailed on the same mailing day of the month.
(4) A household that reapplies timely and completes the application process will receive a notice of approval or denial:
(a) By the end of the current certification period; or
(b) By the thirtieth day after the last allotment when the household was certified for one month.
(5) When a household that reapplies late, the reapplication is treated like an initial application and will be approved or denied under WAC 388-406-0035.
(6) See chapter 388-458 WAC for adequate notice and translation requirements))
(3) If you reapply timely and complete the recertification process you get a notice of approval or denial:
(a) By the end of your current certification period; or
(b) By the thirtieth day after you got your last benefit amount in you were certified for one month.
(4) If you reapply before your certification period ends, but fail to take a required action such as completing an interview or providing proof of your eligibility, we may deny your benefits:
(a) At that time; or
(b) At the end of the certification period; or
(c) At the end of thirty days.
(5) If you take the required action before your certification period ends, we open your food assistance from the first of the month of your new certification period.
(6) If you take the required action within thirty days after your certification period ends, we reopen your food assistance from:
(a) The first of the month of your new certification period if we caused the delay; or
(b) The first of the month of your new certification period if we rescheduled a second interview per your request and you attended the rescheduled interview; or
(c) The date you take the required action.
(7) If you reapply after your certification period ends, your request is treated like an initial application and will be approved or denied under WAC 388-406-0035.
(8) See chapter 388-458 WAC for adequate notice and translation requirements.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-434-0010, filed 7/31/98, effective 9/1/98.]