Effective Date of Rule: Thirty-one days after filing.
Purpose: The department is amending WAC 388-412-0046 What is the purpose of DSHS cash and food assistance benefits and how can I use my benefits?
Citation of Rules Affected by this Order: Amending WAC 388-412-0046.
Adopted under notice filed as WSR 22-09-055 on April 18, 2022.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: October 3, 2022.
Katherine I. Vasquez
(1) What is the purpose of DSHS cash benefits?
(a) DSHS cash assistance benefits are provided to low-income residents who qualify for public assistance programs. These benefits are intended to help pay for basic living expenses as described under RCW
74.04.770. TANF cash grants must be used for the sole benefit of the children, and we may require proof that you are using your TANF cash assistance to benefit your children as allowed under RCW
74.12.260.
(b) Your electronic benefit transfer (EBT) card or cash assistance benefits may only be used by you, an eligible member of your household, an authorized non-member, or an authorized representative/protective payee for the purposes of your cash assistance program. You are not allowed to sell, attempt to sell, exchange, or donate your EBT card or benefits to any other person or entity.
(i) An authorized non-member is a person selected, by the household, to use the EBT card and make purchases for the sole benefit of the household, on behalf of the household, on an as-needed basis.
(c) You may use your cash benefits to pay a reasonable amount of basic living expenses such as:
(i) Shelter;
(ii) Utilities such as heating, telephone, water, sewer, garbage, and recycling;
(iii) Food;
(iv) Transportation;
(v) Clothing;
(vi) Household maintenance;
(vii) Personal hygiene;
(viii) Employment- or school-related items; and
(ix) Other necessary incidentals and items.
(d) It is ((not legal))illegal to use electronic benefit transfer (EBT) cards or cash obtained with EBT cards to:
(i) Gamble. Gambling includes:
(A) The purchase of lottery tickets;
(B) The purchase of pull tabs;
(C) Use of punch boards;
(D) Purchase of bingo cards;
(E) Betting on horse racing;
(F) Participating in casino games; and
(G) Participating in other games of chance as found in chapters
9.46, 67.16 and
67.70 RCW.
(ii) Purchase cigarettes as defined in RCW
82.24.010 or tobacco products as defined in RCW
82.26.010;
(iii) Purchase any items regulated under Title
66 RCW;
(iv) Purchase or participate in any activities in any of the following locations:
(B) Beer/wine specialty stores licensed under RCW
66.24.371, except if the store is an authorized supplemental nutrition assistance program or women, infants, and children retailer;
(D) Bail bond agencies regulated under chapter
18.185 RCW;
(E) Gambling establishments licensed under chapter
9.46 RCW;
(F) Tattoo, body piercing, or body art shops regulated under chapter
18.300 RCW;
(G) Adult entertainment venues with performances that contain erotic material where minors under the age of ((
eighteen))
18 are prohibited under RCW
9.68A.150;
(H) Any establishments where persons under the age of ((eighteen))18 are not permitted.
(e) If you use your electronic benefit transfer (EBT) card or cash obtained from your EBT card illegally we may:
(i) Assign a protective payee to manage your cash assistance benefits under WAC 388-460-0035;
(ii) For households receiving TANF, require proof that your benefits are being used for the benefit of the children in the household;
(iii) Terminate your cash benefits; or
(iv) Pursue legal action, including criminal prosecution.
(2) What is the purpose of DSHS food assistance benefits?
(a) DSHS food assistance benefits, including those from the basic food program, state funded basic food program for legal immigrants (FAP), Washington state combined application project (WASHCAP), and transitional food assistance (TFA), help low-income individuals and families have a more nutritious diet by providing food assistance benefits through EBT cards for eligible households to buy groceries.
(b) You, members of your household, an authorized non-member, or an authorized representative may use your food assistance benefits to buy food items for your household from a food retailer authorized to accept supplemental nutrition assistance program (SNAP) benefits by the U.S. Department of Agriculture Food and Nutrition Service (FNS).
(i) An authorized non-member is a person selected by the household to use the EBT card and make purchases for the sole benefit of the household, on behalf of the household, on an as-needed basis.
(c) You can use your food assistance benefits to buy items such as:
(i) Breads and cereals;
(ii) Fruits and vegetables;
(iii) Cheese, milk, and other dairy products;
(iv) Meats, fish, poultry, and eggs;
(v) Most other food items that are not prepared hot foods; and
(vi) Seeds and plants that produce food.
(d) It is ((not legal))illegal to:
(i) Give your EBT card or benefits to anyone who is not in your food assistance household, not an authorized non-member, or not your authorized representative.
(ii) Use food benefits for any purpose other than to buy food for eligible household members.
(iii) Exchange food benefits for anything of value (trafficking). Examples of illegal trafficking include exchanging ((food benefits)) or attempting to exchange food benefits for cash, drugs, weapons, or anything other than food from an authorized retailer.
(iv) Sell, attempt to sell, exchange, or donate an EBT card, EBT card number, personal identification numbers (PINs), or any benefits to any person or entity.
(v) Buy, attempt to buy, or steal someone's EBT card, EBT card number, or PIN.
(vi) Sell or trade any food that was purchased using food assistance benefits for cash, drugs, alcohol, tobacco products, firearms, or anything of value.
(vii) Use food benefits to buy nonfood items such as cigarettes, tobacco, beer, wine, liquor, household supplies, soaps, paper products, vitamins, medicine, or pet food.
(viii) Commit any other act in violation of the Food Nutrition Act of 2008, regulations for the supplemental nutrition assistance program (SNAP) under Title 7 of the Code of Federal Regulations or any Washington state administrative code relating to the use, presentation, transfer, acquisition, receipt, trafficking, or possession of food assistance benefits.
(e) If you intentionally misuse food assistance benefits, you may be:
(i) Disqualified for an intentional program violation under WAC 388-446-0015 and 388-446-0020. If you are disqualified you will lose your benefits for at least one year and up to a lifetime. The disqualification continues even if you move to another state.
(ii) Subject to fines.
(iii) Subject to legal action, including criminal prosecution. DSHS will cooperate with state, local, and federal prosecuting authorities to prosecute trafficking in food assistance/SNAP benefits.