SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

[Filed June 27, 2018, 3:31 p.m., effective July 28, 2018]

Effective Date of Rule: Thirty-one days after filing.

Purpose: The department is amending WAC 388-406-0010 How do I apply for cash assistance or basic food benefits? and 388-434-0010 How do I get basic food benefits after my certification period has ended?, in order to clarify the acceptable means a basic food applicant can use to sign their application for benefits.

Citation of Rules Affected by this Order: Amending WAC 388-406-0010 and 388-434-0010.

Statutory Authority for Adoption: The state legislature authorizes the department to administer SNAP and food assistance program for legal immigrants under RCW 74.04.500, 74.04.510, and 74.08A.120.

Adopted under notice filed as WSR 18-09-023 on April 11, 2018.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 2, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.

Date Adopted: June 27, 2018.

Katherine I. Vasquez

AMENDATORY SECTION(Amending WSR 14-10-046, filed 4/30/14, effective 6/1/14)

WAC 388-406-0010How do I apply for cash assistance or basic food benefits?

(1) You can apply for cash assistance or basic food by giving us an application form in person, by mail, by fax, or by completing an online application.

(2) ((If your entire assistance unit (AU) gets or is applying for supplemental security income (SSI), your AU)) You can file an application for basic food at the local Social Security Administration district office (SSADO) if your entire assistance unit (AU) gets or is applying for supplemental security income (SSI).

(3) ((If you are incapacitated, a dependent child, or cannot apply for benefits on your own for some other reason,)) A legal guardian, caretaker, or authorized representative can apply for you if you are incapacitated, a dependent child, or cannot apply for benefits on your own for some other reason.

(4) You can apply for cash assistance or basic food with ((just)) one application form.

(5) ((If you apply for benefits at a local office,)) We accept your application on the same day ((you come in.)) if you apply for benefits at ((an)) a local office ((that does not serve the area where you live, we send your application to the appropriate office by the next business day so that office receives your application on the same day we send it)).

(6) We accept your application for benefits if it has at least:

(a) For cash assistance, the name, address, and signatures of the responsible adult AU members or person applying for you. A minor child may sign if there is no adult in the AU. Signatures must be handwritten, electronic, or digital as defined by the department, or a mark if witnessed by another person.

(b) For basic food, the name, address, and signature of a responsible member of your AU or person applying for you as an authorized representative under WAC 388-460-0005. Signatures must be handwritten, electronic, or digital as defined by the department, or a mark if witnessed by another person.

(7) As a part of the application process, we may require you to:

(a) Complete an interview if one is required under WAC 388-452-0005;

(b) Meet WorkFirst participation requirements for four weeks in a row if required under WAC 388-310-1600(12);

(d) Give us proof of information as required under WAC 388-490-0005 so we can determine if you are eligible; and

(e) Complete the WorkFirst orientation if required under WAC 388-400-0005(2) or 388-400-0010(3).

(8) If you are eligible for necessary supplemental accommodation (NSA) services under chapter 388-472 WAC, we help you meet the requirements of this section.

AMENDATORY SECTION(Amending WSR 04-19-133, filed 9/21/04, effective 10/22/04)

WAC 388-434-0010How do I get basic food benefits after my certification period ((has ended)) ends?

To keep getting basic food benefits after your certification period in WAC 388-416-0005 ((has ended)) ends, we must determine if you are still eligible for benefits. This is called recertification.

(1) To be recertified for basic food, you must:

(a) ((Turn in and)) Sign and turn in an application for benefits as required under WAC 388-406-0010((. If you complete an electronic application, your signature is the password you use to complete the electronic application));

(b) Complete an interview if you are required to have ((an interview)) one under WAC 388-452-0005; and

(2) ((If you reapply timely and get recertified before your certification period ends,)) We ((will)) keep depositing your benefits into your EBT (electronic benefit transfer) account on the same day of the month if you reapply timely and get certified before your certification period ends. To reapply timely, we must get your application by the fifteenth day of the last month of your certification period.

(3) ((When we decide if you are eligible for benefits,)) We ((will)) send you a letter ((to tell)) telling you ((that)) if your benefits ((have been)) are approved or denied as required under chapter 388-458 WAC.

(4) ((If you reapply timely and complete the steps required in subsection (1) by the fifteenth day of the last month of your certification period,)) You will get ((the)) an approval or denial letter by the end of your current certification period if you reapply timely.

(5) ((If you do not turn in an application form by the end of your current certification period, you have not taken the action we require for you to get ongoing Basic Food benefits.)) Your basic food benefits stop at the end of your certification period if you do not turn in an application form by the end of your current certification period.

(6) ((If you turn in your application before your certification period ends,)) We start your basic food benefits from the first of the month of your new certification period ((after)) if we determine ((if)) you are eligible.

(a) ((If you do not reapply timely,)) Your benefits for the first month of your new certification period may be delayed if you do not reapply timely.

(b) You have until the end of the month following your certification period end date to complete an interview if required and provide any requested proof of your circumstances ((we requested)).

(c) We will not approve your recertification if you do not meet all requirements for verification by the end of the month following your certification end date((, your recertification will not be approved)).

(7) If you turn in your application after your certification period ends,)) We treat ((the)) your application as a new application for benefits if we receive it after your certification period ends. We start your basic food from the date ((you turned in)) we received the application after we determine if you are eligible.

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.