PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
(Division of Employment and Assistance Programs)
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: WAC 388-406-0015 Can I get food assistance right away?
Purpose: To clarify existing policy and to incorporate into rule that the department does not apply expedited services for clients who reapply for food assistance benefits before their certification period ends.
Statutory Authority for Adoption: RCW 74.04.510 and 74.08.090.
Statute Being Implemented: RCW 74.04.510 and 74.08.090.
Summary: Amends rule to clarify existing policy and to match section 273.14(f) of 7 C.F.R. (Code of Federal Regulations) which specifies that states are not required to apply expedited service provisions at recertification if the food assistance household applies before the end of its current certification period.
Reasons Supporting Proposal: To match policy with existing 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, 7 C.F.R. 243.14(f).
Explanation of Rule, its Purpose, and Anticipated Effects: Clarifies existing policy and incorporates into rule that the department does not apply expedited services for clients who reapply for food assistance benefits before their certification period ends.
Proposal Changes the Following Existing Rules: Amends rule to clarify existing policy and to match section 273.14(f) of [7] C.F.R. which specifies that states are not required to apply expedited service provisions at recertification if the food assistance household applies before the end of its current certification period.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Small businesses are not impacted by this change.
RCW 34.05.328 does not apply to this rule adoption. This change in rule does not meet the definition of a significant legislative rule.
Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on August 8, 2001, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Kelly Cooper, DSHS Rules Coordinator, by July 31, 2001, phone (360) 664-6094, TTY (360) 664-6178, e-mail coopeKD@dshs.wa.gov.
Submit Written Comments to: Identify WAC Numbers, Kelly Cooper, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by August 8, 2001.
Date of Intended Adoption: No sooner than August 9, 2001.
June 21, 2001
Brian H. Lindgren, Manager
Rules and Policies Assistance Unit
2956.2 (2) To get expedited service, you must provide proof of
((your identity)) who you are 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 shelter costs such as your rent or
mortgage and ((utility allowance)) utilities; or
(c) You ((have)) are a destitute migrant or seasonal farm
worker household ((member)), as defined in WAC 388-406-0021,
((whose)) and your household's available cash does not exceed one
hundred dollars.
(3) To determine the amount of utilities to use to decide if you can get expedited services, we allow:
(a) The standard utility allowance (SUA) under WAC 388-450-0195, if you have heating or cooling costs and the SUA is greater than the amount you pay; or
(b) The amount you pay, if it is greater than the SUA.
(4) If you are eligible for expedited service and are not required to have an office interview, you can:
(a) Have a telephone interview or a home visit; and
(b) Still get benefits within five-days.
(5) If you are an applicant, "day one" of your five-day expedited service period starts on the:
(a) Day after the date your application is filed; or
(b) Date of the rescheduled interview when you are screened as expedited service eligible but do not show up for your initial interview; or
(c) Date you are released from a public institution if you are an SSI recipient; or
(d) Date of your interview when you:
(i) Waive your expedited interview and are found eligible for expedited service during your rescheduled interview; or
(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.
(6) If you get expedited service, we give you benefits for
no more than two months. If we need additional information to
decide if you are eligible for continued benefits, 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))) date of application to give us the information.
(7) 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)) Gave us 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)) Were certified under normal processing standards after your last expedited certification.
(8) If you reapply and request expedited service before your certification period ends, you are not eligible for expedited service.
(9) If you reapply after your certification period ends and request expedited service, your five-day expedited service period is the same as a new application.
(10) If you are denied expedited service, you can ask for a department review of your case. We review the decision within two working days from the date we denied you expedited service.
[Statutory Authority: RCW 74.04.510 and Section 11 (e)(9) of the Food Stamp Act. 00-06-015, 388-406-0015, filed 2/22/00, effective 4/1/00. 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.]