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 388-434-0010 How do I get recertified for food assistance benefits?
Purpose: Amends rule to incorporate that if a client attends a rescheduled interview and takes any required action within ten days, then the food assistance benefits start the first of the month of the new certification period. If the client does not take the required action within ten days, then the benefit start date is the date the client takes the required action.
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: Clarifies the food assistance benefit start date.
Reasons Supporting Proposal: To ensure households that attend a rescheduled interview are opened on the first of the month of their new certification period if they take any required actions within ten days of request.
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., Chapter 11, Part 273.
Explanation of Rule, its Purpose, and Anticipated Effects: Clarifies the food assistance benefit start date.
Proposal Changes the Following Existing Rules: Amends rule to incorporate that if a client attends a rescheduled interview and takes any required action within ten days, then the food assistance benefits start the first of the month of the new certification period. If the client does not take the required action within ten days, then the benefit start date is the date the client takes the required action.
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 October 23, 2001, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact DSHS Rules Coordinator by October 15, 2001, phone (360) 664-6094, TTY (360) 664-6178, e-mail swensFH@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 October 23, 2001.
Date of Intended Adoption: No sooner than October 24, 2001.
September 7, 2001
Brian H. Lindgren, Manager
Rules and Policies Assistance Unit
2982.2(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,))
(3) 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.
(4) 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 you get a notice of eligibility when your certification period is two months or less.
(((3))) (5) 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 [if])) if you were certified for one
month.
(((4))) (6) 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))) (7) If you take the required action before your
certification period ends, we start your food assistance from the
first of the month of your new certification period.
(((6))) (8) If you take the required action within thirty
days after your certification period ends, we start 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;
(c))) The date you take the required action((.
(7))), if you caused the delay and we did not give you additional time to take the action.
(9) If you ask for a second interview, attend the interview, and take any required action within ten days of our request, we start your food assistance the first of the month of your new certification period.
(10) If we give you additional time to take a required action, we start your food assistance the first of the month of your new certification period.
(11) If you reapply after your certification period ends, we
treat your request ((is treated like)) as an initial application
and ((will be approved or denied)) approve or deny benefits under
WAC 388-406-0035.
(((8))) (12) See chapter 388-458 WAC for adequate notice and
translation requirements.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.05.057, and 74.08.090. 01-15-011, 388-434-0010, filed 7/6/01, effective 8/1/01; 98-16-044, 388-434-0010, filed 7/31/98, effective 9/1/98.]
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.