Original Notice.

     Preproposal statement of inquiry was filed as WSR 02-08-055.

     Title of Rule: WAC 388-492-0010 Washington state combined application program (WASHCAP) definitions, 388-492-0020 What is WASHCAP?, 388-492-0030 Who can get WASHCAP?, 388-492-0040 Can I choose whether I get WASHCAP or regular food assistance?, 388-492-0050 How do I apply for Washington state combined application program (WASHCAP) benefits?, 388-492-0060 How do I get my Washington state combined application program (WASHCAP) benefits?, 388-492-0070 How are my Washington state combined application program (WASHCAP) benefits calculated?, 388-492-0080 Where do I report changes?, 388-492-0090 How often does my Washington state combined application program (WASHCAP) case need to be reviewed?, 388-492-0100 How is my eligibility for Washington state combined application program (WASHCAP) reviewed?, 388-492-0110 What happens if my Washington state combined application program (WASHCAP) benefits end?, 388-492-0120 What happens to my Washington state combined application program (WASHCAP) benefits if I am disqualified?, and 388-492-0130 What can I do if I disagree with a decision the department made about my Washington state combined application program (WASHCAP) benefits?

     Purpose: Clarify and expand the language regarding WASHCAP eligibility. Change the wording to correctly reflect who is eligible for WASHCAP.

     Statutory Authority for Adoption: RCW 74.04.057, 74.04.500, 74.04.510.

     Statute Being Implemented: RCW 74.04.057, 74.04.500, 74.04.510.

     Summary: These amendments will clarify and explain the WASHCAP program and its eligibility rules. The amended WAC will comply with the original FNS waiver which makes any client eligible if they are also eligible for federal SSI. This will eliminate our original policy that clients must receive at least $1.00 in SSI payments to be eligible.

     Reasons Supporting Proposal: Changes will increase clarity of language, and will change language to be in compliance with FNS waiver regarding who is eligible for benefits.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Valerie Day, DEAP, 1009 College Street S.E., Lacey, WA 98504, (360) 413-3357.

     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: These amendments will clarify and explain the WASHCAP program and its eligibility rules. The amended WAC will comply with the original FNS waiver which makes any client eligible if they are also eligible for federal SSI. This will eliminate our original policy that clients must receive at least $1.00 in SSI payments to be eligible.

     Proposal Changes the Following Existing Rules:

•     Language will be changed to reflect that people eligible for federal SSI, rather than just those receiving at least $1.00 in SSI benefits, are eligible for WASHCAP.

•     Changes the name of the program from Washington combined application project to Washington state combined application program.

•     The definition section will be expanded to include more program terms.

•     Clarify that clients who live in an institution to reflect that they are not eligible for WASHCAP benefits.

•     Clarify that clients who have earned income to reflect they are not eligible for WASHCAP.

•     Informs clients of their ability to report changes to community service offices instead of the SSA offices if the changes may result in increased benefits.

•     Explains that cases will be transferred to the local office upon termination of WASHCAP benefits for redetermination.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposed rule does not have an economic impact on small businesses. It only affects DSHS clients.

     RCW 34.05.328 does not apply to this rule adoption. These proposed amendments affect only client eligibility, and are exempt under RCW 34.05.328 (5)(b)(vii).

     Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on July 9, 2002, at 10:00 a.m.

     Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by July 5, 2002, phone (360) 664-6094, TTY (360) 664-6178, e-mail fernaax@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 5:00 p.m., July 9, 2002.

     Date of Intended Adoption: Not earlier than July 10, 2002.

May 30, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

     (1) Is eligible to receive federal SSI,

     (2) Is eighteen years old or older,

     (3) Not in an institution,

     (4) Meets the definition of living arrangement "A((,))" (Social Security considers you as a separate household),

     (5) Has no earned income, and

     (6) States that they buy and cook food on their own.

     "Centralized unit" -- The unit that handles all WASHCAP cases for the state except for cases that get services from a home and community service office (HCS). The centralized unit or HCS office processes new applications for WASHCAP benefits and handles current WASHCAP cases.

     (("Pure SSI household" -- Every member of the assistance unit is eligible for SSI on their own behalf.))

     "SSA" -- Social Security Administration. A federal agency that issues all SSA and SSI cash benefits.

     "SSA benefits" -- A federal program that gives money to aged, blind or disabled clients based on their past wages.

     "SDX" -- State data exchange. The computer system for exchanging information between SSA and DSHS regarding SSI applicants, beneficiaries and terminated SSI beneficiaries.

     "SSI benefits" -- Supplemental Security Income. The SSA federal cash grant program for needy aged, blind or disabled clients who did not have enough wages in the past to qualify for SSA benefits.

     "WASHCAP" -- Washington state combined application ((project)) program. A simplified food assistance program that automatically opens food assistance benefits for certain SSI clients.

[Statutory Authority: RCW 74.04.057, 74.04.500, 74.04.510. 01-21-058, § 388-492-0010, filed 10/16/01, effective 12/1/01.]

     (1) If you live in Washington state and get SSI, SSA asks you if you want to get food assistance benefits. If you meet the requirements of WAC 388-492-0030, you will get your food assistance benefits through WASHCAP.

     (2) If you are eligible for WASHCAP, SSA electronically sends us the information we need to open your benefits. You do not have to go to your local community services office to apply for food assistance benefits.

     (3) ((If you want food assistance benefits right away, you must apply for regular food assistance benefits at your local community services office.

     (4))) While you get WASHCAP benefits, you must report all changes to SSA. SSA automatically shares your information ((with us)) we need for your WASHCAP benefits. You can report changes to your WASHCAP worker, but you do not have to do so. See WAC 388-492-0080 regarding changes to shelter costs.

[Statutory Authority: RCW 74.04.057, 74.04.500, 74.04.510. 01-21-058, § 388-492-0020, filed 10/16/01, effective 12/1/01.]

     (a) ((Get at least one dollar)) Are eligible to receive federal SSI benefits ((from SSA. We do not consider the state supplement as federal SSI benefits));

     (b) Live alone or SSA considers you as a single household;

     (c) Buy and cook your food separately from others you live with;

     (d) Do not have any earned income((; and

     (e) If you live in an institution, SSA expects you to be there for less than ninety days)).

     (2) You are not eligible for WASHCAP if:

     (a) You live in an institution ((for ninety days or longer;

     (b) SSA expects you to live in an institution for ninety days or longer;

     (c) SSA tells us you have earned income for more than three months in a row)); or

     (((d))) (b) You are under age twenty-two and you live in the same home as your parents.

[Statutory Authority: RCW 74.04.057, 74.04.500, 74.04.510. 01-21-058, § 388-492-0030, filed 10/16/01, effective 12/1/01.]

     (1) Your shelter costs are more than four hundred eighty dollars a month. We count the following items as a shelter cost:

     (a) Rent or mortgage;

     (b) Property taxes;

     (c) Homeowner's insurance (for the building only); ((and)) or

     (d) Mandatory homeowner's association or condo fees.

     (2) Your out-of pocket medical expenses are more than thirty-five dollars a month; ((or))

     (3) You would get more benefits from being in the regular food assistance program; or

     (4) You are waiting to receive WASHCAP benefits.

[Statutory Authority: RCW 74.04.057, 74.04.500, 74.04.510. 01-21-058, § 388-492-0040, filed 10/16/01, effective 12/1/01.]

     (2) If you are eligible for WASHCAP benefits, your benefits will start the first of the month after the month you start getting on-going SSI benefits.

     (3) If you need food assistance in five days or less, you must apply for expedited service at ((the)):

     (a) Your local community services office (CSO) ((or));

     (b) Your local home and community services office (HCS ((office))) if you get long-term care services; or

     (c) The SSA district office if you give them an application for expedited services when you apply for SSI. SSA ((may also take your application)) forwards the food assistance application to the local CSO to process.

     (4) If you want food assistance before you get SSI, you must apply for regular food assistance at:

     (a) SSA if you give them an application for food assistance when you apply for SSI;

     (b) Your local ((community services office ())CSO(())); or

     (c) Your local ((home and community services ())HCS(())) office if you get long-term care services.

     (5) If you get regular food assistance((, you will still get)) these benefits will continue:

     (a) Through the end of your certification period; or

     (b) ((Until you are approved for)) Through the month before your WASHCAP benefits start.

     (6) If your regular food assistance ends before you are eligible for WASHCAP, you must reapply for these benefits to continue.

     (7) If you get regular food assistance and you become eligible for WASHCAP, we will automatically change your benefits to WASHCAP.

[Statutory Authority: RCW 74.04.057, 74.04.500, 74.04.510. 01-21-058, § 388-492-0050, filed 10/16/01, effective 12/1/01.]

     (2) The department issues your EBT food assistance benefits according to WAC 388-412-0025.

[Statutory Authority: RCW 74.04.057, 74.04.500, 74.04.510. 01-21-058, § 388-492-0060, filed 10/16/01, effective 12/1/01.]

     (1) We begin with your gross income. (Social Security Administration (SSA) tells us how much income you have.)

     (2) We subtract ((a standard deduction of)) one hundred thirty-four dollars from your gross income to get your countable income.

     (3) We figure your shelter cost as follows:

     (a) If ((Social Security)) SSA tells us you pay two hundred ninety dollars or more a month for shelter, we use three hundred dollars as your shelter cost; or

     (b) If ((Social Security)) SSA tells us you pay ((less than)) two hundred ((ninety)) eighty-nine dollars a month or less for shelter, we use one hundred forty-four dollars as your shelter cost; and

     (c) We add the current standard utility allowance under WAC 388-450-0195 to determine your total shelter cost.

     (4) We figure your shelter deduction by subtracting one half of your countable income from your shelter cost.

     (5) We figure your net ((WASHCAP)) income by subtracting your shelter deduction from your countable income.

     (6) We figure your WASHCAP benefits (allotment) by:

     (a) Multiplying your net ((WASHCAP)) income by thirty percent and rounding up to the next whole dollar; and

     (b) Subtracting the result from the maximum allotment under WAC 388-478-0060.

     (c) If you are eligible for WASHCAP, your assistance unit will get at least ten dollars food benefits each month.

[Statutory Authority: RCW 74.04.057, 74.04.500, 74.04.510. 01-21-058, § 388-492-0070, filed 10/16/01, effective 12/1/01.]

     (4) If changes are reported to DSHS, proof will be required.

[Statutory Authority: RCW 74.04.057, 74.04.500, 74.04.510. 01-21-058, § 388-492-0080, filed 10/16/01, effective 12/1/01.]

     (2) Your certification period is the amount of time your assistance unit is eligible for WASHCAP benefits.

[Statutory Authority: RCW 74.04.057, 74.04.500, 74.04.510. 01-21-058, § 388-492-0090, filed 10/16/01, effective 12/1/01.]

     (2) If SSA does not review your SSI eligibility, we will mail you a one-page application two months before your WASHCAP benefits end. You must complete and return this application to the WASHCAP unit or your local home and community services office (HCS ((office))).

     (3) We do WASHCAP reviews by mail. If you bring your WASHCAP application to the local office, we will process the application as follows:

     (a) If you get long-term care services, your local HCS office will process your application; or

     (b) If you do not get long-term care services, the local office will forward your application to the WASHCAP central unit.

     (4) If we get your completed one-page application after your WASHCAP benefits end, we will reopen your benefits back to the first of the month if:

     (a) We get your application form within thirty days from the end of your certification period; and

     (b) You are still eligible for WASHCAP.

     (5) If your application is not complete, we will return it to you to complete.

     (6) If you are no longer eligible for WASHCAP benefits, we will decide if you are eligible for regular food assistance. We may ask you to give us more information or verification if we cannot make a decision with the information we have.

     (((6))) (7) If we get your completed one-page application form more than thirty days after your benefits end, ((we will open)) your WASHCAP benefits open the first of the next month after you turn in your application and SSA shows you are eligible for WASHCAP in their system.

     (((7))) (8) If you want regular food assistance while you are waiting for WASHCAP benefits, you must apply for these benefits at the local CSO or HCS office.

[Statutory Authority: RCW 74.04.057, 74.04.500, 74.04.510. 01-21-058, § 388-492-0100, filed 10/16/01, effective 12/1/01.]

     (2) If your WASHCAP benefits end because you are disqualified for food assistance under WAC 388-400-0040, you are not eligible for regular food assistance. If you get medical assistance, we will send your medical assistance case to your local office. If you are a HCS client, your medical case will remain at HCS.

     (3) If your WASHCAP benefits end because SSA stopped your SSI benefits:

     (a) We will send you an application for regular food assistance and information about what you must verify in order to get benefits and tell you where to take your application to find out if you are eligible for benefits. If you are an HCS client, your case will remain at your HCS office.

     (b) You will still receive the same medical benefits until we decide what medical programs you are eligible for under WAC 388-418-0025.

     (((c) When we get your completed application, we will interview you over the phone. If we need more information to decide if you are eligible, we will tell you what we need.

     (d) After we decide if you are eligible for regular food assistance, we will send your case to the local office.))

     (4) If your WASHCAP benefits end for any other reason:

     (a) We will send you an application for regular food assistance along with:

     (i) The address of your local office; and

     (ii) Information about what you must verify in order to get benefits.

     (b) If you get medical assistance, we will send your medical assistance case to the local office unless you are a HCS client;

     (c) For the office to decide if you are eligible for food assistance, you must:

     (i) Finish the application process for food assistance under chapter 388-406 WAC; and

     (ii) Have an interview for food assistance under WAC 388-452-0005.

[Statutory Authority: RCW 74.04.057, 74.04.500, 74.04.510. 01-21-058, § 388-492-0110, filed 10/16/01, effective 12/1/01.]

     (2) If you are disqualified from receiving food assistance for any reason, you will not get WASHCAP food benefits. ((See)) This includes clients who:

     (a) Are ineligible for food assistance under WAC 388-400-0040(9) ((for persons disqualified)); or

     (b) Did not cooperate with quality assurance as required under WAC 388-465-001.

[Statutory Authority: RCW 74.04.057, 74.04.500, 74.04.510. 01-21-058, § 388-492-0120, filed 10/16/01, effective 12/1/01.]

     (2) You can ask for a hearing by contacting the central unit, home community service office or any responsible department or office of administrative hearings employee.

     (3) See chapter 388-08 WAC for information on the fair hearing process.

[Statutory Authority: RCW 74.04.057, 74.04.500, 74.04.510. 01-21-058, § 388-492-0130, filed 10/16/01, effective 12/1/01.]

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