Original Notice.

Preproposal statement of inquiry was filed as WSR 00-21-106.

Title of Rule: WAC 388-412-0005 General information about your cash benefits, 388-412-0015 General information about your food assistance allotments, 388-412-0020 When do I get my benefits?, 388-412-0025 How do I get my benefits?, and 388-412-0040 Can I get my benefits replaced?

Purpose: Clarifies how benefits are issued, when benefits are received and whether or not benefits can be replaced.

Statutory Authority for Adoption: RCW 74.04.510 and 74.08.090.

Statute Being Implemented: RCW 74.04.510 and 74.08.090.

Summary: EBT was implemented statewide and there are many changes that resulted. The revision includes the changes and updates how benefits are delivered.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Wendy Forslin, 1009 College Street S.E., Lacey, WA 98503, (360) 413-3233.

Name of Proponent: Department of Social and Health Services, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: This revision reflects how benefits are issued by using EBT (electronic benefits transfer) and EFT (electronic funds transfer - direct deposit of cash benefits). We are removing information that is no longer relevant now that EBT was implemented statewide.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not impact small business. The Department of Social and Health Services is submitting this rule to remove outdated information that is no longer relevant.

RCW 34.05.328 does not apply to this rule adoption. This section does not apply to rules incorporating without material change federal statutes or regulations.

Hearing Location: Blake Office Building East (behind Goodyear Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on July 25, 2001, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Kelly Cooper, by July 18, 2001, phone (360) 664-6094, TTY (360) 664-6178, e-mail coopeKD@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, Kelly Cooper, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by July 25, 2001.

Date of Intended Adoption: No sooner than July 26, 2001.

June 14, 2001

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

(2) ((A married couple who both receive any general assistance benefit must be considered one assistance unit. However, cash payments are made individually and will not exceed one half of the two-person GA-U standard)) If you are married and both you and your spouse get general assistance, you and your spouse are one AU.

(3) ((Grants are)) Your grant is rounded down to the next whole dollar amount ((with the following exceptions)) unless:

(a) You get a clothing and personal incidental (CPI) allowance; ((and)) or

(b) ((Grants with a deduction for repayment of)) Your benefits are reduced to pay an overpayment.

(4) ((Grant payments are not issued for under ten dollars except)) We do not issue any cash benefits if you are eligible for less than ten dollars unless:

(a) ((Grants with a deduction for repayment of an overpayment)) You get a CPI allowance;

(b) ((CPI allowances with income deducted)) Your benefits are reduced to pay an overpayment; or

(c) You get Supplemental Social Security (SSI) interim assistance payments.

[Statutory Authority: RCW 74.08.090 and 74.04.510. 99-16-024, 388-412-0005, filed 7/26/99, effective 9/1/99. Statutory Authority: RCW 74.04.510, 74.08.090, 74.04.055, 74.04.057 and S. 825, Public Law 104-193, Personal Responsibility and Work Opportunity Reconciliation Act of 1996. 99-02-039, 388-412-0005, filed 12/31/98, effective 1/31/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-412-0005, filed 7/31/98, effective 9/1/98.]

(2) ((Assistance units with no income receive the maximum allotment as described under the thrifty food plan (TFP) in WAC 388-478-0060. Assistance units with net income receive smaller amounts.

(3) When an assistance unit has income, the allotment is determined by:

(a) Multiplying the assistance unit's net monthly income by thirty percent and rounding up to the next whole dollar; and

(b) Subtracting the results from the thrifty food plan for the appropriate assistance unit size as specified in WAC 388-478-0060.

(4) Except for those described in WAC 388-406-0055 eligible assistance units receive benefits from the effective date of eligibility to the end of the first month. This is called proration and is based on a thirty-day month.

(5) In the first month of eligibility, assistance units do not receive an allotment when the amount is less than ten dollars.

(6) Eligible one and two person assistance units receive a minimum ten dollar allotment:

(a) After the first month of eligibility; or

(b) In the first month of eligibility when the CSO receives the assistance unit's application on the first day of the month)) You get the maximum allotment if your AU does not have any countable net income. See WAC 388-478-0060 for the maximum allotments.

(3) If your AU has countable net income, your allotment is computed by:

(a) Multiplying your AU's countable net monthly income by thirty percent;

(b) Rounding this amount up to the next whole dollar; and

(c) Subtracting the results from the maximum allotment.

(4) You get benefits from the date your AU is determined eligible through the end of the month except for AUs described in WAC 388-406-0055. This is called proration and is based on a thirty-day month.

(5) You get benefits for both the month of application and the following month in one allotment if you are eligible for both months and you applied on or after the sixteenth of the month.

(6) You do not get an allotment in the first month you are eligible if your allotment is less than ten dollars.

(7) You get a minimum allotment of ten dollars each month if your AU has a total of one or two members unless:

(a) It is the first month of your certification period; and

(b) Your AU is eligible for only a partial month.

[Statutory Authority: RCW 74.08.090 and 74.04.510. 99-16-024, 388-412-0015, 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, 388-412-0015, filed 7/31/98, effective 9/1/98.]

(2) Deposited directly into an electronic benefit transfer account))

(1) You get your on-going cash benefits on the first of the month.

(2) You get your on-going food assistance within the first ten days of the month. The day of the month that you get your benefits is the same as the last number of your food assistance AU number. If the last number of your AU number is zero, you get your benefits on the tenth.

[Statutory Authority: RCW 74.04.510, 74.08.090, 74.04.055, 74.04.057 and S. 825, Public Law 104-193, Personal Responsibility and Work Opportunity Reconciliation Act of 1996. 99-02-039, 388-412-0020, filed 12/31/98, effective 1/31/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-412-0020, filed 7/31/98, effective 9/1/98.]

(b) The following month)) Your cash benefits are sent to you by:

(a) Electronic benefit transfer (EBT);

(b) Direct deposit into you own bank account (electronic funds transfer-EFT); or

(c) Warrant if you have a payee who is not approved for direct deposit or you receive ADATSA, diversion, additional requirements or clothing and personal incidentals (CPI) payments.

(2) You use a quest card to access your benefits in your EBT account. You get a personal identification number (PIN) that you must enter when using this card.

(3) Your food assistance benefits are deposited into your EBT account.

(4) We establish an EBT account for each AU that receives their benefits by EBT.

(5) Your EBT account becomes inactive when you do not use it for ninety days. If you want to use the account after it becomes inactive, you must contact your local office and ask us to reactivate it.

(6) Your cash and food assistance are canceled when you do not use your EBT benefits for three hundred sixty-five days. Your food assistance benefits cannot be replaced.

(7) We convert your food assistance to coupons when you move to a state where you cannot use your EBT account. There may be up to one dollar and ninety-nine cents left in your EBT account after conversion. You must use the remaining balance left in your EBT account within seven days after we convert your benefits from EBT to coupons. We cancel these benefits if you do not use them.

(8) Cash benefits cannot be converted to warrants. You must use your cash benefits from your EBT account.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-412-0025, filed 7/31/98, effective 9/1/98.]

(e) The coupons delivered are improperly made or are mutilated. There must be at least three-fifths of the each coupon to turn in for an exchange)) 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 food assistance funds 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 food assistance benefits was destroyed in a disaster.

(2) You may get food coupons replaced if:

(a) You did not get your food coupons as they were either lost or stolen in the mail; or

(b) Your food coupons or food purchased with food coupons were destroyed in a disaster.

(3) 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.

(4) For food assistance, we replace the loss up to a one month benefit amount.

(5) Your request for a replacement is denied if the reason for the loss is not listed in subsection (1) and (2) above or:

(a) We decided that you request is fraudulent;

(b) Your certified mail coupons are signed for by any person living or visiting at your address;

(c) Your food coupons were lost, stolen or misplaced after you received them;

(d) You already got two countable food assistance replacements within the prior five months; or

(e) You got disaster food stamp benefits for the same month you requested a replacement for food assistance.

(6) Your replacement does not count if:

(a) Your benefits are returned to us;

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

(c) The food coupons you got are improperly made or are mutilated. You must have at least three-fifths of each coupon in order for us to replace them.

[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.]

     The following section of the Washington Administrative Code is repealed:

WAC 388-412-0045

General information about cash and food assistance issued by electronic benefits transfer.

Washington State Code Reviser's Office